BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1993
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Ma
VERSION: 4/17/12
Analysis by: Eric Thronson FISCAL: yes
Hearing date: June 26, 2012
SUBJECT:
Towing and impoundment: unlicensed drivers
DESCRIPTION:
This bill prohibits a peace officer from impounding a vehicle
driven by a person who does not have a valid driver's license
but whose license is not suspended or revoked.
ANALYSIS:
Existing law authorizes a peace officer to impound a vehicle for
30 days if the driver is either unlicensed or his or her driving
privilege is suspended or revoked. Further, existing law
requires an officer to impound a vehicle when the driver is the
registered owner who is unlicensed, or his or her license is
suspended or revoked, and who has a previous misdemeanor
conviction for driving without a license or with a suspended or
revoked license.
This bill prohibits a peace officer from towing and impounding a
vehicle driven by a person without a valid driver's license, but
whose license is not suspended or revoked, under either of the
following circumstances:
1.The vehicle is legally parked at the scene of the traffic stop
and the driver signs an agreement releasing and indemnifying
the officer from any harm or damage done by leaving the
vehicle parked at the scene.
2.The control of the vehicle is relinquished to a person in
possession of a valid driver's license who is either with the
driver at the time of the stop or who can appear within a
reasonable amount of time.
In addition, this bill requires a peace officer to obtain
approval from a supervisory officer before impounding a vehicle
AB 1993 (MA) Page 2
driven by a person to whom the state has never issued a driver's
license. Further, this bill requires the peace officer to
include in his or her incident report the reasons for the
impoundment as well as and the name of the supervisory officer
who approved the action.
Finally, this bill allows impound companies to release, prior to
30 days, a vehicle that an officer impounded because the driver
had never been issued a driver's license if the registered owner
or his or her agent presents a valid driver's license and proof
of current vehicle registration.
COMMENTS:
1.Purpose . According to the author, an unlicensed driver who
commits a minor traffic violation must now abandon their
vehicle for impoundment. Then, the local jurisdiction may
hold the vehicle for at least 30 days, requiring the driver to
pay up to $3,000 in order to reacquire the vehicle. The
author contends that existing law has led to some local
governments impounding thousands of cars per year in order to
raise revenue. This bill ends unfair and unnecessary car
impoundment policies, which can result in severe financial
hardship for low-income individuals in California, by
attempting to apply equitable and reasonable standards to
every person stopped by law enforcement.
2.Opposition . Opponents contend that this bill seeks to create
enforcement standards for a special segment of California's
population, presumably undocumented residents, and in doing so
creates an overly broad exemption for any unlicensed driver.
Current law provides numerous exemptions from vehicle
impoundment, including when an unlicensed driver is stopped at
a sobriety checkpoint, driving for an employer on business, or
driving with a recently lapsed license. Opponents claim that
vehicle impoundment is a valuable tool for law enforcement to
protect the traveling public, and this bill pushes exemptions
for unlicensed drivers too far.
Further, opponents argue that this bill puts new burdens and
restraints on law enforcement. First, requiring officers to
wait with the driver at the traffic stop while he or she
locates a licensed driver could result in significant amounts
AB 1993 (MA) Page 3
of wasted time, detracting from the officer's ability to
respond to other emergencies. Second, requiring supervisor
approval could increase workloads and personnel cost pressures
as well as undermine the officer's discretion.
3.Technical amendments . Currently, certain portions of the bill
refer to drivers who have never been issued a driver's
license. The author indicates she intended the bill to apply
to drivers without a valid driver's license, which includes
those who have never been issued a license as well as drivers
who may have failed to renew their licenses. Because of this,
the author agreed to the following technical amendments:
Page 17, line 9, strike "has never been issued a" and
add "does not have a valid"
Page 17, line 14, strike "has never been issued a" and
add "does not have a valid"
1.Double-referral . The Rules Committee has referred this bill
to both this committee and the Public Safety Committee.
Therefore, if this bill passes this committee, it will be
referred to the Committee on Public Safety.
Assembly Votes:
Floor: 49 - 25
Appr: 12 - 5
Trans: 8 - 2
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 20,
2012)
SUPPORT: Asian Law Alliance
American Civil Liberties Union
California Attorneys for Criminal Justice
California Immigrant Policy Center
City of Berkeley
City of Berkeley - Councilmember Jesse Arreguin
Coalition for Humane Immigrant Rights of Los
Angeles
Comite de Padres Unidos
Congregation Building Community
Kaha I Ka Panoa Kaleponi Hawaiian Civic Club
AB 1993 (MA) Page 4
Oakland Police Department
Orange County Congregation Community Organization
People Improving Communities through Organizing -
California
Pomona Economic Opportunity Center
Pomona Habla/Speaks a Community Coalition
Proyecto Voz en Stockton
Thai Community Development Center
United Farm Workers of America
Voters Injured at Work
OPPOSED: League of California Cities
Napa County Sheriff-Coroner