BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 510|
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VETO
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
SENATE FLOOR: 40-0, 9/1/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, 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
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SOURCE: Los Angeles County Sheriffs 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.
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
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convicted of engaging in a motor vehicle speed contest or
reckless driving, as specified.
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
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weapons are also cited by law enforcement when street racing
events are broken up.
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.
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FISCAL EFFECT: Appropriation: No Fiscal
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: (Verified10/20/15)
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: (Verified 10/20/15)
None received
GOVERNOR'S VETO MESSAGE:
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I am returning Senate Bill 510 without my signature.
This bill requires courts to impose a mandatory 30-day
vehicle impoundment for any case of reckless driving or
engaging in an illegal speed contest.
Current law already allows judges - who see and evaluate
first-hand the facts of each case - to impound cars for up
to 30 days when circumstances warrant. Accordingly, there
would be no reason for this law except to supplant sound
judicial discretion with robotic and abstract justice -
something I don't support.
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,
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:Erin Riches / T. & H. / (916) 651-4121
11/4/15 13:34:11
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