Bill Text: CA SB510 | 2015-2016 | Regular Session | Enrolled
Bill Title: Speed contests and reckless driving: impounded vehicles.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB510 Detail]
Download: California-2015-SB510-Enrolled.html
BILL NUMBER: SB 510 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY JULY 15, 2015
AMENDED IN ASSEMBLY JULY 7, 2015
AMENDED IN SENATE MAY 6, 2015
AMENDED IN SENATE APRIL 16, 2015
INTRODUCED BY Senator Hall
(Coauthor: Senator Beall)
(Coauthor: Assembly Member Frazier)
FEBRUARY 26, 2015
An act to amend Sections 23103, 23109, and 23109.2 of the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 510, Hall. Speed contests and reckless driving: impounded
vehicles.
Existing law makes it a crime to engage in a motor vehicle speed
contest on a highway. Existing law prohibits an individual from
driving a vehicle upon a highway or in an offstreet parking facility
in a reckless manner. Existing law authorizes a peace officer, upon
determining that a person was engaged in any of these crimes, to
impound the vehicle used for the offense for no more than 30 days.
Existing law provides that if a person is convicted of engaging in a
motor vehicle speed contest on a highway and the vehicle used in the
violation is registered to that person, the vehicle may be impounded
at the registered owner's expense for not less than one day nor more
than 30 days.
This bill would require the vehicle used in the violation of the
crimes above, if it is registered to the person convicted of engaging
in a motor vehicle speed contest or reckless driving, to be
impounded for 30 days, subject to specified exceptions. By imposing
new requirements on local agencies, the bill would create a
state-mandated local program. The bill would clarify that, upon
finding a violation of any mechanical requirements, an officer to
issue a notice to correct, and require the correction to be made
within 30 days of release of the vehicle from impoundment. The bill
would also require the vehicle to be released before the 30th day if
the legal owner who is not the registered owner, holds a security
interest in the vehicle, presents foreclosure documents or an
affidavit of repossession, and meets other specified conditions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23103 of the Vehicle Code is amended to read:
23103. (a) A person who drives a vehicle upon a highway in
willful or wanton disregard for the safety of persons or property is
guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Except as otherwise provided in Section 40008, persons
convicted of the offense of reckless driving shall be punished by
imprisonment in a county jail for not less than 5 days nor more than
90 days or by a fine of not less than one hundred forty-five dollars
($145) nor more than one thousand dollars ($1,000), or by both that
fine and imprisonment, except as provided in Section 23104 or 23105.
(d) (1) If a person is convicted of a violation of subdivision (a)
or (b) and the vehicle used in the violation is registered to that
person, the vehicle shall be impounded at the registered owner's
expense for 30 days.
(A) The 30-day period shall be reduced by the number of days, if
any, the vehicle was impounded pursuant to Section 23109.2.
(B) If the court finds that the vehicle to be impounded is the
only means of transportation for other members of the defendant's
family and impounding the vehicle will result in an undue hardship
for the family, the court may decline to order the vehicle impounded.
(2) A vehicle seized and impounded pursuant to paragraph (1) 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:
(A) 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.
(B) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. No lien sale
processing fees shall be charged to a legal owner who redeems the
vehicle on or before the 15th day of impoundment.
(C) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
SEC. 2. Section 23109 of the Vehicle Code is amended to read:
23109. (a) A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an event
in which the time to cover a prescribed route of more than 20 miles
is measured, but the vehicle does not exceed the speed limits, is not
a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
(c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.
(d) A person shall not, for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway, in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.
(e) (1) A person convicted of a violation of subdivision (a) shall
be punished by imprisonment in a county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment. That person shall
also be required to perform 40 hours of community service. The court
may order the privilege to operate a motor vehicle suspended for 90
days to six months, as provided in paragraph (8) of subdivision (a)
of Section 13352. The person's privilege to operate a motor vehicle
may be restricted for 90 days to six months to necessary travel to
and from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's
employment, restricted to driving in that person's scope of
employment. This subdivision does not interfere with the court's
power to grant probation in a suitable case.
(2) If a person is convicted of a violation of subdivision (a) and
that violation proximately causes bodily injury to a person other
than the driver, the person convicted shall be punished by
imprisonment in a county jail for not less than 30 days nor more than
six months or by a fine of not less than five hundred dollars ($500)
nor more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(f) (1) If a person is convicted of a violation of subdivision (a)
for an offense that occurred within five years of the date of a
prior offense that resulted in a conviction of a violation of
subdivision (a), that person shall be punished by imprisonment in a
county jail for not less than four days nor more than six months, and
by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000).
(2) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes bodily
injury to a person other than the driver, a person convicted of that
second violation shall be imprisoned in a county jail for not less
than 30 days nor more than six months and by a fine of not less than
five hundred dollars ($500) nor more than one thousand dollars
($1,000).
(3) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes
serious bodily injury, as defined in paragraph (4) of subdivision (f)
of Section 243 of the Penal Code, to a person other than the driver,
a person convicted of that second violation shall be imprisoned in
the state prison, or in a county jail for not less than 30 days nor
more than one year, and by a fine of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
(4) The court shall order the privilege to operate a motor vehicle
of a person convicted under paragraph (1), (2), or (3) suspended for
a period of six months, as provided in paragraph (9) of subdivision
(a) of Section 13352. In lieu of the suspension, the person's
privilege to operate a motor vehicle may be restricted for six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment.
(5) This subdivision does not interfere with the court's power to
grant probation in a suitable case.
(g) If the court grants probation to a person subject to
punishment under subdivision (f), in addition to subdivision (f) and
any other terms and conditions imposed by the court, which may
include a fine, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than 48
hours nor more than six months. The court shall order the person's
privilege to operate a motor vehicle to be suspended for a period of
six months, as provided in paragraph (9) of subdivision (a) of
Section 13352 or restricted pursuant to subdivision (f).
(h) (1) If a person is convicted of a violation of subdivision (a)
and the vehicle used in the violation is registered to that person,
the vehicle shall be impounded at the registered owner's expense for
30 days.
(A) The 30-day period shall be reduced by the number of days, if
any, the vehicle was impounded pursuant to Section 23109.2.
(B) If the court finds that the vehicle to be impounded is the
only means of transportation for other members of the defendant's
family and impounding the vehicle will result in an undue hardship
for the family, the court may decline to order the vehicle impounded.
(2) If the impounded vehicle was found to be in violation of a
mechanical requirement of this code, or the vehicle is inspected
pursuant to Section 2806 and found in violation of this code, an
officer may issue a notice to correct pursuant to Section 40303.5,
and correction of the violation as set forth in Sections 40610 and
40611 shall be made within 30 days of the date the vehicle was
released from impound. Upon correction, the violation issued pursuant
to 40303.5 shall be dismissed pursuant to Section 40522.
(3) A vehicle seized and impounded pursuant to paragraph (1) 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:
(A) 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.
(B) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. No lien sale
processing fees shall be charged to a legal owner who redeems the
vehicle on or before the 15th day of impoundment.
(C) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
(i) A person who violates subdivision (b), (c), or (d) shall upon
conviction of that violation be punished by imprisonment in a county
jail for not more than 90 days, by a fine of not more than five
hundred dollars ($500), or by both that fine and imprisonment.
(j) If a person's privilege to operate a motor vehicle is
restricted by a court pursuant to this section, the court shall
clearly mark the restriction and the dates of the restriction on that
person's driver's license and promptly notify the Department of
Motor Vehicles of the terms of the restriction in a manner prescribed
by the department. The Department of Motor Vehicles shall place that
restriction in the person's records in the Department of Motor
Vehicles and enter the restriction on a license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
(k) The court may order that a person convicted under this
section, who is to be punished by imprisonment in a county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.
( l ) This section shall be known and may be cited as
the Louis Friend Memorial Act.
SEC. 3. 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 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 be
impounded for not more than 30 days.
(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 the driver
nor 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 the registered owner of the motor vehicle is
responsible for towing and storage charges nor shall the motor
vehicle 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 lien sale
processing fees shall 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 impounding agencies 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 (d) of Section 23103 or
subdivision (h) of Section 23109.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
