Bill Text: CA SB644 | 2017-2018 | Regular Session | Amended
Bill Title: Vessels: impoundment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-02-04 - Last day to consider Governor’s veto pursuant to Joint Rule 58.5. [SB644 Detail]
Download: California-2017-SB644-Amended.html
Amended
IN
Assembly
June 15, 2017 |
Amended
IN
Senate
April 18, 2017 |
Senate Bill | No. 644 |
Introduced by Senator Stone |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 668.5 is added to the Harbors and Navigation Code, to read:(a)If a person is convicted of a violation of subdivision (b) of Section 655 and the conduct resulted in the unlawful killing of a person, a court may cause the removal and seizure of the vessel used in
the commission of that offense in accordance with the procedures set forth in Chapter 10 (commencing with Section 22650) of the Vehicle Code, as applicable. A vessel so seized may be impounded for not more than 30 days.
(b)The registered and legal owner of a vessel removed and seized under subdivision (a) or his or her agent shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852 of the Vehicle Code.
(c)(1)Notwithstanding Chapter 10 (commencing with Section 22650) of the Vehicle Code or any other law, an impounding agency shall release a vessel 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 vessel is a stolen vessel.
(B)If the person convicted of a violation, as described in subdivision (a), was not authorized by the registered owner of the vessel to operate the vessel at the time of the commission of the
offense.
(C)If the registered owner of the vessel was neither the operator nor a passenger of the vessel at the time of the violation pursuant to subdivision (a), or was unaware that the operator was using the vessel to engage in the conduct described in subdivision (a).
(D)If the legal owner or registered owner of the vessel is a rental agency.
(2)A vessel shall be released pursuant to this subdivision only if the registered owner or his or her agent presents proof of current vessel registration, or if ordered by a court.
(d)A vessel seized and removed under subdivision (a) shall be released
to the legal owner of the vessel, 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 vessel 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 vessel.
(2)The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vessel. No lien sale processing fees shall be charged to a legal owner who redeems the vessel 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 vessel.
(e)(1)The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment.
(2)Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in subdivision (a) was not authorized by the registered owner of the vessel to operate the vessel 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 incurred by the registered owner to obtain possession of the vessel, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.
(3)If the vessel is a rental, the rental agency may require the person to whom the vessel was rented to pay all towing and storage charges related to the impoundment incurred by the rental agency in connection with obtaining possession of the vessel.
(4)The vessel may not be sold prior to the defendant’s conviction.
668.5.
(a) The interest of any registered owner of a vessel that has been used in the commission of a violation of subdivision (b) of Section 655 for which the owner was convicted and the conduct resulted in the unlawful killing of a person is subject to impoundment as provided in this section. Upon conviction, the court may order the vessel impounded at the registered owner’s expense for a period of not less than one nor more than 30 days.