California Assembly Bill AB986 Introduced / Bill

 BILL NUMBER: AB 986INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Mendoza FEBRUARY 27, 2009 An act to amend Section 23109.2 of, and to add Section 9250.3 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 986, as introduced, Mendoza. Vehicles: motor vehicle speed contests. Existing law allows a peace officer to arrest and take into custody a person that a peace officer determines was engaged in a motor vehicle speed contest and permits the peace officer to cause the removal and seizure of the motor vehicle used in the contest, in accordance with specified statutory procedures. A vehicle impounded under these provisions is required to be impounded for not more than 30 days, with specified exceptions. Existing law permits the release of the motor vehicle prior to the end of the impoundment period in specified circumstances. The registered owner or his or her agent is responsible for, among other things, all towing and storage charges related to the impoundment and any authorized administrative charges, except under specified circumstances. This bill would instead require that the motor vehicle be impounded and inspected by the Department of the California Highway Patrol to determine whether the motor vehicle has been modified for speed enhancement beyond the manufacturer's original equipment specifications (OES). The bill would also require, beginning July 1, 2010, that an additional registration fee of $30 be collected for a motor vehicle so seized and that the motor vehicle be designated as speed enhanced on the certificate of registration for that motor vehicle. The bill would create the Illegal Street Racing Abatement Account in the General Fund and would require that the moneys in that account, upon appropriation by the Legislature, be allocated to the Department of the California Highway Patrol and local law enforcement authorities to pay for the costs associated with the impoundment and inspection of motor vehicles seized as a result of illegal street racing. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9250.3 is added to the Vehicle Code, to read: 9250.3. (a) Beginning July 1, 2010, the fee described in Section 9250 shall be increased by thirty dollars ($30) for a motor vehicle impounded pursuant to Section 23109.2 that is determined to have been modified for speed enhancement beyond the manufacturer's original equipment specifications (OES). A motor vehicle subject to the additional fee shall be designated as speed enhanced on the certificate of registration for that vehicle. (b) The additional fee authorized pursuant to subdivision (a) shall be deposited into the Illegal Street Racing Abatement Account, which is hereby created in the General Fund. Moneys in that account, upon appropriation by the Legislature, shall be allocated to the Department of the California Highway Patrol and local law enforcement authorities to pay for the costs associated with the impoundment and inspection of motor vehicles seized pursuant to subdivision (a) of Section 23109.2. SEC. 2. 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   shall  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   shall not  be impounded for  not  more than 30 days  and shall be inspected pursuant to Section 9250.3 by the Department of the California Highway Patrol to determine whether the motor vehicle has been modified for speed enhancement beyond the manufacturer's original equipment specifications (OES)  . (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   not  the driver  nor   or  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   and  the registered owner of the motor vehicle  is   are not  responsible for towing and storage charges  nor shall   and  the motor vehicle  shall not  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   A  lien sale processing fees shall  not  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   an  impounding  agencies   agency is not prohibited  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 (h) of Section 23109.