BILL NUMBER: AB 986	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 27, 2009

   An act to amend Section 23109.2 of, and to add Section 9250.3 to,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 986, as introduced, Mendoza. Vehicles: motor vehicle speed
contests.
    Existing law allows a peace officer to arrest and take into
custody a person that a peace officer determines was engaged in a
motor vehicle speed contest and permits the peace officer to cause
the removal and seizure of the motor vehicle used in the contest, in
accordance with specified statutory procedures. A vehicle impounded
under these provisions is required to be impounded for not more than
30 days, with specified exceptions. Existing law permits the release
of the motor vehicle prior to the end of the impoundment period in
specified circumstances. The registered owner or his or her agent is
responsible for, among other things, all towing and storage charges
related to the impoundment and any authorized administrative charges,
except under specified circumstances.
   This bill would instead require that the motor vehicle be
impounded and inspected by the Department of the California Highway
Patrol to determine whether the motor vehicle has been modified for
speed enhancement beyond the manufacturer's original equipment
specifications (OES). The bill would also require, beginning July 1,
2010, that an additional registration fee of $30 be collected for a
motor vehicle so seized and that the motor vehicle be designated as
speed enhanced on the certificate of registration for that motor
vehicle.
   The bill would create the Illegal Street Racing Abatement Account
in the General Fund and would require that the moneys in that
account, upon appropriation by the Legislature, be allocated to the
Department of the California Highway Patrol and local law enforcement
authorities to pay for the costs associated with the impoundment and
inspection of motor vehicles seized as a result of illegal street
racing.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9250.3 is added to the Vehicle Code, to read:
   9250.3.  (a) Beginning July 1, 2010, the fee described in Section
9250 shall be increased by thirty dollars ($30) for a motor vehicle
impounded pursuant to Section 23109.2 that is determined to have been
modified for speed enhancement beyond the manufacturer's original
equipment specifications (OES). A motor vehicle subject to the
additional fee shall be designated as speed enhanced on the
certificate of registration for that vehicle.
   (b) The additional fee authorized pursuant to subdivision (a)
shall be deposited into the Illegal Street Racing Abatement Account,
which is hereby created in the General Fund. Moneys in that account,
upon appropriation by the Legislature, shall be allocated to the
Department of the California Highway Patrol and local law enforcement
authorities to pay for the costs associated with the impoundment and
inspection of motor vehicles seized pursuant to subdivision (a) of
Section 23109.2.
  SEC. 2.  Section 23109.2 of the Vehicle Code is amended to read:
   23109.2.  (a) (1) Whenever a peace officer determines that a
person was engaged in any of the activities set forth in paragraph
(2), the peace officer may immediately arrest and take into custody
that person and  may   shall  cause the
removal and seizure of the motor vehicle used in that offense in
accordance with Chapter 10 (commencing with Section 22650). A motor
vehicle so seized  may   shall not  be
impounded for  not  more than 30 days  and shall
be inspected pursuant to Section 9250.3 by the Department of the
California Highway Patrol to determine whether the motor vehicle has
been modified for speed enhancement beyond the manufacturer's
original equipment specifications (OES)  .
   (2) (A) A motor vehicle speed contest, as described in subdivision
(a) of Section 23109.
   (B) Reckless driving on a highway, as described in subdivision (a)
of Section 23103.
   (C) Reckless driving in an offstreet parking facility, as
described in subdivision (b) of Section 23103.
   (D) Exhibition of speed on a highway, as described in subdivision
(c) of Section 23109.
   (b) The registered and legal owner of a vehicle removed and seized
under subdivision (a) or their agents shall be provided the
opportunity for a storage hearing to determine the validity of the
storage in accordance with Section 22852.
   (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650)
or any other provision of law, an impounding agency shall release a
motor vehicle to the registered owner or his or her agent prior to
the conclusion of the impoundment period described in subdivision (a)
under any of the following circumstances:
   (A) If the vehicle is a stolen vehicle.
   (B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
   (C) If the registered owner of the vehicle was  neither
  not  the driver  nor   or
 a passenger of the vehicle at the time of the alleged violation
pursuant to subdivision (a), or was unaware that the driver was
using the vehicle to engage in any of the activities described in
subdivision (a).
   (D) If the legal owner or registered owner of the vehicle is a
rental car agency.
   (E) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
   (2) A vehicle shall be released pursuant to this subdivision only
if the registered owner or his or her agent presents a currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or if ordered by a court.
   (3) If, pursuant to subparagraph (E) of paragraph (1)  , 
a motor vehicle is released prior to the conclusion of the
impoundment period,  neither  the person charged
with a violation of subdivision (a) of Section 23109  nor
  and  the registered owner of the motor vehicle
 is   are not  responsible for towing and
storage charges  nor shall   and  the motor
vehicle  shall not  be sold to satisfy those charges.
   (d) A vehicle seized and removed under subdivision (a) shall be
released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person, not the
registered owner, holding a security interest in the vehicle.
   (2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle.  No
  A  lien sale processing fees shall  not 
be charged to a legal owner who redeems the vehicle on or before the
15th day of impoundment.
   (3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
   (e) (1) The registered owner or his or her agent is responsible
for all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5.
   (2) Notwithstanding paragraph (1), if the person convicted of
engaging in the activities set forth in paragraph (2) of subdivision
(a) was not authorized by the registered owner of the motor vehicle
to operate the motor vehicle at the time of the commission of the
offense, the court shall order the convicted person to reimburse the
registered owner for any towing and storage charges related to the
impoundment, and any administrative charges authorized under Section
22850.5 incurred by the registered owner to obtain possession of the
vehicle, unless the court finds that the person convicted does not
have the ability to pay all or part of those charges.
   (3) If the vehicle is a rental vehicle, the rental car agency may
require the person to whom the vehicle was rented to pay all towing
and storage charges related to the impoundment and any administrative
charges authorized under Section 22850.5 incurred by the rental car
agency in connection with obtaining possession of the vehicle.
   (4) The owner is not liable for any towing and storage charges
related to the impoundment if acquittal or dismissal occurs.
   (5) The vehicle may not be sold prior to the defendant's
conviction.
   (6) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (c). Notwithstanding this
provision,  nothing shall prohibit   an 
impounding  agencies   agency is not prohibited
 from making prior payment arrangements to satisfy this
requirement.
   (f) Any period when a vehicle is subjected to storage under this
section shall be included as part of the period of impoundment
ordered by the court under subdivision (h) of Section 23109.