| 1 | | - | Assembly Bill No. 2876 CHAPTER 592 An act to amend Section 22650 of the Vehicle Code, relating to vehicle removal and impound. [ Approved by Governor September 20, 2018. Filed with Secretary of State September 20, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2876, Jones-Sawyer. Vehicles: removal and impound authority.Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant.Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officers criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officers community caretaking function, such as removing a vehicle to safeguard the vehicles contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic.This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22650 of the Vehicle Code is amended to read:22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.(b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.(c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.(d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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| 1 | + | Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 30, 2018 Amended IN Senate August 24, 2018 Amended IN Senate June 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2876Introduced by Assembly Member Jones-SawyerFebruary 16, 2018 An act to amend Section 22650 of the Vehicle Code, relating to vehicle removal and impound. LEGISLATIVE COUNSEL'S DIGESTAB 2876, Jones-Sawyer. Vehicles: removal and impound authority.Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant.Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officers criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officers community caretaking function, such as removing a vehicle to safeguard the vehicles contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic.This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22650 of the Vehicle Code is amended to read:22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.(b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.(c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.(d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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| 3 | | - | Assembly Bill No. 2876 CHAPTER 592 An act to amend Section 22650 of the Vehicle Code, relating to vehicle removal and impound. [ Approved by Governor September 20, 2018. Filed with Secretary of State September 20, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2876, Jones-Sawyer. Vehicles: removal and impound authority.Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant.Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officers criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officers community caretaking function, such as removing a vehicle to safeguard the vehicles contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic.This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 3 | + | Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 30, 2018 Amended IN Senate August 24, 2018 Amended IN Senate June 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2876Introduced by Assembly Member Jones-SawyerFebruary 16, 2018 An act to amend Section 22650 of the Vehicle Code, relating to vehicle removal and impound. LEGISLATIVE COUNSEL'S DIGESTAB 2876, Jones-Sawyer. Vehicles: removal and impound authority.Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant.Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officers criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officers community caretaking function, such as removing a vehicle to safeguard the vehicles contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic.This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 4 | + | |
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| 5 | + | Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 30, 2018 Amended IN Senate August 24, 2018 Amended IN Senate June 12, 2018 |
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| 6 | + | |
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| 7 | + | Enrolled September 04, 2018 |
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| 8 | + | Passed IN Senate August 29, 2018 |
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| 9 | + | Passed IN Assembly August 30, 2018 |
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| 10 | + | Amended IN Senate August 24, 2018 |
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| 11 | + | Amended IN Senate June 12, 2018 |
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| 12 | + | |
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| 13 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 23 | | |
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| 12 | 24 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 25 | | |
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| 14 | 26 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 27 | | |
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| 16 | 28 | | AB 2876, Jones-Sawyer. Vehicles: removal and impound authority. |
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| 17 | 29 | | |
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| 18 | 30 | | Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant.Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officers criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officers community caretaking function, such as removing a vehicle to safeguard the vehicles contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic.This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation. |
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| 19 | 31 | | |
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| 20 | 32 | | Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. |
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| 21 | 33 | | |
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| 22 | 34 | | Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officers criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officers community caretaking function, such as removing a vehicle to safeguard the vehicles contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic. |
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| 23 | 35 | | |
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| 24 | 36 | | This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation. |
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| 25 | 37 | | |
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| 26 | 38 | | ## Digest Key |
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| 27 | 39 | | |
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| 28 | 40 | | ## Bill Text |
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| 29 | 41 | | |
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| 30 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 22650 of the Vehicle Code is amended to read:22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.(b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.(c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.(d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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| 31 | 43 | | |
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| 32 | 44 | | The people of the State of California do enact as follows: |
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| 33 | 45 | | |
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| 34 | 46 | | ## The people of the State of California do enact as follows: |
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| 35 | 47 | | |
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| 36 | 48 | | SECTION 1. Section 22650 of the Vehicle Code is amended to read:22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.(b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.(c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.(d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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| 37 | 49 | | |
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| 38 | 50 | | SECTION 1. Section 22650 of the Vehicle Code is amended to read: |
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| 39 | 51 | | |
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| 40 | 52 | | ### SECTION 1. |
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| 41 | 53 | | |
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| 42 | 54 | | 22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.(b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.(c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.(d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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| 43 | 55 | | |
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| 44 | 56 | | 22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.(b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.(c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.(d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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| 45 | 57 | | |
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| 46 | 58 | | 22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.(b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.(c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.(d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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| 47 | 59 | | |
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| 48 | 60 | | |
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| 49 | 61 | | |
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| 50 | 62 | | 22650. (a) It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code. |
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| 51 | 63 | | |
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| 52 | 64 | | (b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism. |
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| 53 | 65 | | |
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| 54 | 66 | | (c) Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal. |
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| 55 | 67 | | |
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| 56 | 68 | | (d) This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. |
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