BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 510| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 510 Author: Hall (D), et al. Amended: 7/15/15 Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/14/15 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15 AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 39-0, 5/22/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 78-0, 8/27/15 (Consent) - See last page for vote SUBJECT: Speed contests and reckless driving: impounded vehicles SOURCE: Los Angeles County Sheriff's Department DIGEST: This bill requires, rather than allows, a vehicle that is determined to have been involved in a speed contest or engaged in reckless driving to be impounded for 30 days. SB 510 Page 2 Assembly Amendments impose the 30-day vehicle impoundment requirement on vehicles involved in illegal reckless driving activities, otherwise known as "sideshows." ANALYSIS: Existing law: 1)Defines speed contests as a motor vehicle race against another vehicle, a clock, or other timing device. 2)Sets the current penalty for conviction of street racing at imprisonment in county jail for between 24 hours and 90 days, or a fine between $355 and $1,000, or both. Violators are required to perform 40 hours of community service. The court can order the suspension of driving privileges between 90 days and six months. These punishments increase for subsequent offenses or in cases where bodily injury to another person has occurred. 3)States that if a person is convicted of a street racing violation, and the vehicle used during the violation is registered to the person, the vehicle may be impounded at the registered owner's expense for between one and 30 days. 4)Provides that any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Further specifies that a person who drives any vehicle in any off-street parking facility in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. This bill: 1)Requires a vehicle to be impounded for 30 days if a person is convicted of engaging in a motor vehicle speed contest or reckless driving, as specified. SB 510 Page 3 2)Authorizes the court to waive the 30-day impoundment requirement if it is determined that the impoundment of the vehicle will impose an undue hardship upon the registered owner's family. 3)Requires, relative to speed contest convictions, a vehicle that is cited for equipment violations to be repaired within 30 days of the date the vehicle is released from impoundment, as specified. 4)Makes technical conforming changes. Comments 1)Purpose of the bill. According to the author and the source, law enforcement has seen a steady rise in illegal street racing over the recent months. When a person is convicted of a crime, they are rarely given back the tools used to commit the crime. However, when a person is convicted of street racing, the tool (vehicle) used to commit the crime is returned to them, sometimes within a few days. Most vehicles used in street racing or sideshows have been illegally modified to enhance performance. These illegal modifications remain on/in the vehicles when returned to the owner. This bill seeks to remedy this deficiency in current law by requiring a longer impound and removal of illegal modifications prior to the vehicle being registered as operable. 2)Street racing, sideshows, and illegal modifications. The author and source contend that illegal street racing is a growing danger to those behind the wheel, passengers, spectators, and innocent passersby. In addition to the inherent danger of racing, there are reports of assaults and vehicle vandalization in the vicinity of racing activities. Illegal drug use, drunk driving, stolen vehicles, and stolen weapons are also cited by law enforcement when street racing events are broken up. SB 510 Page 4 Increasing in popularity, a "sideshow" involves participants setting up blockades on a highway with drivers engaging in dangerous driving behavior including "spinning donuts" or the "burning" of tires. Currently, law enforcement has the ability to impound a vehicle engaging in this illegal activity; however, similar to street racing, the owner of the vehicle has the ability to retrieve the vehicle within days of the vehicle being impounded. From 2010 to 2014, the California Highway Patrol issued citations resulting in 12,586 convictions for engaging in, aiding, or abetting exhibition of speed on a highway. During the same time period, 3,069 more convictions were handed out for engaging in, aiding, or abetting speed contests in general. Illegal modifications on cars can include radar jammers, lowered frames, air and hydraulic suspension systems, window tinting, missing bumpers, engine modifications, multicolored headlights, and excessively noisy exhaust systems and mufflers. These modifications are sometimes seen on cars cited for street racing. 3)Impound. According to the U.S. Department of Justice (DOJ), impounding and/or forfeiting vehicles used in street racing is an effective deterrent due to the threat of loss of valuable property and means to race. DOJ states that this response works best when the ordinance is widely publicized to deter illegal racing and an impound fee is assessed in order for the driver to reclaim the vehicle. The cost to retrieve an impounded vehicle varies by locale. As an example, in the city of Stockton, the approximate total cost for a 30-day impound is $1,860. This includes $175 for the initial cost of towing, $1,500 for outside storage (at a rate of $50 per day), and $100 lien-processing fee. The owner of the vehicle is responsible for the towing, storage, and release fees. If they are unable to pay, their vehicle will be sold to cover the fees. FISCAL EFFECT: Appropriation: No Fiscal SB 510 Page 5 Com.:YesLocal: Yes According to the Assembly Appropriations Committee, any costs to local law enforcement agencies, though reimbursable, should be minor and would not likely result in a state mandate claim by any individual entity. SUPPORT: (Verified8/26/15) Los Angeles County Sheriff's Department (source) AAA Northern California, Nevada, and Utah Association for Los Angeles Deputy Sheriffs Automobile Club of Southern California California Association of Highway Patrolmen California Law Enforcement Association of Records Supervisors California State Lodge, Fraternal Order of Police California State Sheriffs' Association Long Beach Police Officers Association Los Angeles County District Attorney's Office Los Angeles County Professional Peace Officers Association Los Angeles Police Protective League Riverside Sheriffs Association Sacramento County Deputy Sheriffs' Association Santa Ana Police Officers Association OPPOSITION: (Verified8/26/15) None received ASSEMBLY FLOOR: 78-0, 8/27/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, SB 510 Page 6 Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Atkins NO VOTE RECORDED: Frazier, Williams Prepared by:Christine Hochmuth / T. & H. / (916) 651-4121 8/29/15 10:24:16 **** END ****