BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 353|
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THIRD READING
Bill No: AB 353
Author: Cedillo (D), et al.
Amended: 8/22/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 7/5/11
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Vehicles: checkpoints
SOURCE : Author
DIGEST : This bill requires the driver of a motor vehicle
to stop and submit to a sobriety checkpoint inspection
conducted by a law enforcement agency when signs and
displays are posted requiring that stop. This bill,
notwithstanding other provisions of law, requires that a
peace officer or any other authorized person not cause the
impoundment of a vehicle at a sobriety checkpoint,
established pursuant to these provisions or any other law,
if the driver's only offense is, among other offenses, the
failure to hold a valid driver's license. This bill
requires, during the conduct of a sobriety checkpoint, a
law enforcement officer to make a reasonable attempt to
identify the registered owner of the vehicle in order to
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release the vehicle to the registered owner if he/she is a
licensed driver or to a licensed driver authorized by the
registered owner. This bill requires that if a notice to
appear is issued, the name and driver's license number of
the licensed driver to whom the vehicle was released be
listed on the officer's copy of the notice to appear issued
to the unlicensed driver and requires if a vehicle cannot
be released, that the vehicle be removed, as specified.
Senate Floor Amendments of 8/22/11 (1) delete the
requirement that a local entity pass an ordinance before a
checkpoint can be used, (2) address concerns raised by law
enforcement, and (3) make technical changes including
providing that whether or not to issue a citation to an
unlicensed driver remains at the discretion of the law
enforcement officer.
ANALYSIS : Existing law provides that a board of
supervisors may, by ordinance, establish a combined vehicle
inspection and sobriety checkpoint program to check for
violations of smog standards and to identify drivers who
are DUI. (Vehicle Code Section 2814.1)
Existing law provides that a driver of a motor vehicle
shall stop and submit to an inspection when signs and
displays are posted requiring that stop. (Vehicle Code
Section 2814.1(b))
This bill provides that a driver of a motor vehicle shall
stop and submit to a sobriety checkpoint inspection
conducted by a law enforcement agency when signs and
displays are posted requiring that stop.
This bill provides that notwithstanding provisions of law
in Sections 14602.6 and 14607.6 of the Penal Code, a peace
officer or any other authorized person shall not cause the
impoundment of a vehicle at a sobriety checkpoint.
This bill provides that during the conduct of a sobriety
checkpoint, if the law enforcement officer encounters a
driver who is in violation of Section 12500, the law
enforcement officer shall make a reasonable attempt to
identify the registered owner of the vehicle. If the
registered owner is present, or the officer is able to
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identify the registered owner and obtain the registered
owner's authorization to release the motor vehicle to a
licensed driver by the end of the checkpoint, the vehicle
shall be released to either the registered owner of the
vehicle if he/she is a licensed driver or to the licensed
driver authorized by the registered owner of the vehicle.
If a notice to appear is issued, the name and driver's
license number of the licensed driver to whom the vehicle
was released pursuant to this subdivision shall be listed
on the officer's copy of the notice to appear issued to the
unlicensed driver. When a vehicle cannot be released, the
vehicle shall be removed pursuant to subdivision (p) of
Section 22651, whether a notice to appear has been issued
or not.
This bill provides that in accordance with subdivision (p)
of Section 22651, a vehicle removed pursuant to subdivision
(c) of Section 2814.2 shall be released to the registered
owner or his/her agent at any time the facility to which
the vehicle has been removed is open upon presentation of
the registered owner's or his/her agent's currently valid
driver's license to operate the vehicle and proof of
current vehicle registration.
Comments
According to the author:
"Traditionally, sobriety checkpoints are meant to be used
as means to stop intoxicated drivers from endangering the
safety of the public. Despite their original intent,
sobriety checkpoints are increasingly being used to
target drivers that are ineligible to obtain licenses in
order to increase local revenue. Frequently these
checkpoints are set up in the areas that do not have a
high correlation of DUI arrests or accidents; instead,
they are placed in neighborhoods and, or locations where
there are higher populations of low-income families and
communities.
"According to a report from the Investigative Reporting
Program of UC Berkeley, "Most of the state's 3,200
roadblocks over the past two years occurred in or near
Hispanic neighborhoods. Sixty-one percent of checkpoints
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took place in locations with at least 31 percent Hispanic
population. About 17 percent of the state's checkpoints
occurred in areas with the lowest Hispanic
population-under 18 percent." (California Watch, Car
Seizures at DUI Checkpoints Prove Profitable for Cities,
Raise Legal Questions (2010)).
"Also, while impoundments for DUIs are usually overnight,
impoundment for driving without a license typically last
for a term of 30 days. Often, this effectively results
in the forfeiture of the vehicle because the towing and
impoundment fees may well exceed the value of the
vehicle, which is apart from the fines already paid to
local governments. Together, checkpoints do not act like
a deterrent, but create a financial hardship for
low-income families.
"With local government revenues shrinking, cities have
begun increasing their revenue by using sobriety
checkpoints to target these communities. This occurs in
two ways. First, local governments often charge
unlicensed drivers fines to get their vehicles released
from impound, averaging more than $150. Moreover, the
second way cities increase revenue is by taking a portion
of the fees that towing operators charge vehicle owners.
This generates hundreds of thousands of dollars a year.
The federal government provides the California Office of
Traffic Safety with $100 million dollars annually to
promote traffic safety. Thirty million of those dollars
are specifically reserved to fund programs that seek to
limit drunk driving, particularly sobriety checkpoints.
Since grants pay for the officers needed to manage the
checkpoints, local governments only benefit, without
costs, from targeting communities whose residents are not
eligible to obtain licenses. Due to this, the ratio of
drivers caught inebriated compared to those without
licenses is extremely skewed. In 2009, police impounded
more than 24,000 vehicles at checkpoints, roughly seven
times higher than 3,200 drunken driving arrests at
roadway operations.
"Lastly, the constitutional legality of impounding
vehicles is also questionable. In Miranda v. City of
Cornelius (2007), 429 F. 3d 858, the Ninth Circuit U.S.
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Court of Appeal ruled that impounding a vehicle without a
warrant was limited under the Fourth Amendment of the
U.S. Constitution. Unless pursuant to a lawful arrest or
unless the 'community caretaker' provisions were present,
the courts stated that 'impounding legally parked
vehicles was unreasonable seizure when there was not
reasonable justification for removing it.' (Jones and
Mayer). Also, in a similar case titled People v.
Williams, 145 Cal. App. 4th 756, an appellate court held
that depending on the circumstances, seizing a vehicle
pursuant to V.C. section 2265(h)(1) may be
unconstitutional. Due to these rulings, some police
departments have already changed their approach to
impounding, but many still continue the aforementioned
practices. As a result, there is currently an
inconsistent application of towing and impounding between
cities and counties in California. This bill would make
towing and impounding policies at checkpoints uniform
throughout the state."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/23/11)
AltaMed Health Services Corporation
American Civil Liberties Union
Asian Pacific American Legal Center
Asian Pacific Islander Caucus SEIU, Local 721
California Immigrant Policy Center
California League of United Latin American Citizens
California Peace Officers' Association
California Police Chiefs Association
California Public Defenders Association
Centro Latino for Literacy
City of Los Angeles, Councilmember Ed P. Reyes
City of Los Angeles, Councilmember Jose Huizar
City of San Pablo, Vice Mayor Cecilia Valdez
City of South Lake Tahoe Latino Affairs Commission
Coalition for Humane Immigrant Rights of Los Angeles
Eastmont Community Center
El Concilio
Legal Services for Prisoners with Children
Los Angeles City Attorney's Office
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Los Angeles County District Attorney's Office
Mexican American Legal Defense and Educational Fund
National Council of La Raza
National Korean American Service & Education Consortium
Parent Institute for Quality Education
PICO California
Sacramento League of United Latin American Citizens,
Lorenzo Patino Council
Services, Immigrant Rights and Education Network
ARGUMENTS IN SUPPORT : The American Civil Liberties Union
states, "Uniform legal clarity is necessary on when and how
cars can be impounded at sobriety checkpoints. Without
clear guidance, sobriety checkpoints have turned into
gateway for illegal seizures of cars. The bill codifies
Miranda v. City of Cornelius , which is the Ninth Circuit
Court of Appeals decision that provides that car that can
be safely parked by a licensed driver will not be impounded
under the 'community caretaker provision' and provides a
uniform policy for the number of days a car may be
impounded."
The Coalition for Humane Immigrant Rights of Los Angeles
further notes, "Statewide statistics show that in 2009,
officers impounded over 24,000 vehicles from sobriety
checkpoints, which was a 53 percent increase from 2007.
This is around seven times higher than 3,200 arrests for
DUI that occurred at the same checkpoints. Data like this
raises the question of whether the main purpose of sobriety
checkpoints really is to confront driving."
RJG:mw 8/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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