BILL ANALYSIS �
AB 1993
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1993 (Ma) - As Amended: April 17, 2012
Policy Committee:
TransportationVote:8-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill restricts a peace officer's ability to impound the
vehicle driven by an unlicensed driver. Specifically, this
bill:
1)Prohibits a peace officer from towing and impounding a vehicle
driven by an unlicensed driver under either of the following
circumstances:
a) The vehicle can be legally parked nearby and if the
unlicensed driver signed a document indemnifying the peace
officer and his or her employer from any harm or damage
that results from releasing the vehicle.
b) The vehicle is turned over to a licensed driver who is
with the driver at the time of the stop or who can appear
at the scene within a reasonable amount of time.
2)Requires the peace officer to inform the unlicensed driver, if
a licensed driver is not present, that the vehicle will not be
towed or impounded if a licensed driver can retrieve the
vehicle within a reasonable amount of time.
3)Provides discretion to the peace officer over whether to allow
a licensed driver who appears after a reasonable amount of
time to retrieve the vehicle and whether to assist the
unlicensed driver in contacting a licensed driver.
4)Requires a licensed driver assuming control over a vehicle to
show proof of insurance.
5)Requires a peace officer to obtain approval from a supervisory
AB 1993
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officer before towing and impounding a vehicle driven by a
person who has never been issued a driver's license and
requires the name of the supervisory officer to be included in
the incident report of the traffic stop.
FISCAL EFFECT
1)Negligible direct state costs.
2)Potential costs of an unknown amount, should local agencies
claim reimbursable costs with the Commission on State Mandates
and should the commission agree to those cost claims.
Generally, the bill provides discretion to peace officers. It
seems unlikely the commission would grant claims for
reimbursement for local costs claimed as a result of local
discretionary actions. However, the bill requires several
specific actions of peace officers involved in traffic stops,
such as requiring the peace officer to inform the unlicensed
driver, if a licensed driver is not present, that the vehicle
will not be towed or impounded if a licensed driver can
retrieve the vehicle within a reasonable amount of time, and
requiring supervisory officer approval before towing and
impounding certain vehicles. While the costs of such
mandatory actions seem minor in isolation, applied statewide,
they may result in claims with the commission for state
reimbursement of a significant amount.
COMMENTS
1)Rationale . The author intends this bill to result in more
reasonable treatment of those arrested for driving without a
license. The author notes that vehicle impoundment for such
an offense is disproportional to the offense, which sometimes,
due to the cost of impoundment fees, results in abandonment of
the vehicle and falls frequently and heavily on undocumented
immigrants who cannot legally obtain a driver's licenses.
2)Background. Many municipalities, presuming to act consistent
with state law, impound the vehicles of drivers who do not
possess a valid driver license. However, recently, the
Ninth U.S. Circuit Court of Appeals ruled that law enforcement
cannot impound vehicles if the only offense is unlicensed
driving. More recently, many municipalities have adopted
ordinances barring the practice in ways similar to the
AB 1993
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prohibition included in this bill.
3)Support. This bill is supported by the Immigrant Legal
Resource Center (sponsor) and other civil rights groups, who
contend 30-day impoundment for driving without a license is
inequitable to the offense and falls disproportionately on
undocumented immigrants.
4)Opposition. This bill is opposed by several major law
enforcement organizations and the League of California Cities,
who contend impounding the vehicle of an unlicensed driver is
appropriate and protective of public safety.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081