| 1 | | - | Assembly Bill No. 2186 CHAPTER 502An act to amend Section 23109.2 of the Vehicle Code, relating to vehicles. [ Approved by Governor September 23, 2024. Filed with Secretary of State September 23, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2186, Wallis. Vehicles: impoundment.Existing law allows a peace officer to arrest a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days.This bill would expand this provision to include an exhibition of speed that occurs in an offstreet parking facility, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is 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) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.(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 law, an impounding agency shall release a motor vehicle to the registered owner or their 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 an activity 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 their agent presents a currently valid drivers 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 owners 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 owners agent pays all towing and storage fees related to the impoundment of the vehicle. 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 owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.(e) (1) The registered owner or the registered owners 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 defendants 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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.(f) A 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. |
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| 1 | + | Enrolled September 04, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 30, 2024 Amended IN Senate June 06, 2024 Amended IN Assembly April 15, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2186Introduced by Assembly Member WallisFebruary 07, 2024An act to amend Section 23109.2 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2186, Wallis. Vehicles: impoundment.Existing law allows a peace officer to arrest a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days.This bill would expand this provision to include an exhibition of speed that occurs in an offstreet parking facility, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is 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) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.(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 law, an impounding agency shall release a motor vehicle to the registered owner or their 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 an activity 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 their agent presents a currently valid drivers 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 owners 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 owners agent pays all towing and storage fees related to the impoundment of the vehicle. 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 owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.(e) (1) The registered owner or the registered owners 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 defendants 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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.(f) A 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. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | AB 2186, Wallis. Vehicles: impoundment. |
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| 20 | 31 | | |
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| 21 | 32 | | Existing law allows a peace officer to arrest a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days.This bill would expand this provision to include an exhibition of speed that occurs in an offstreet parking facility, as specified. |
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| 22 | 33 | | |
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| 23 | 34 | | Existing law allows a peace officer to arrest a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would expand this provision to include an exhibition of speed that occurs in an offstreet parking facility, as specified. |
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| 26 | 37 | | |
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| 27 | 38 | | ## Digest Key |
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| 28 | 39 | | |
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| 29 | 40 | | ## Bill Text |
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| 30 | 41 | | |
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| 31 | 42 | | The people of the State of California do enact as follows:SECTION 1. 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 an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is 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) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.(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 law, an impounding agency shall release a motor vehicle to the registered owner or their 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 an activity 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 their agent presents a currently valid drivers 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 owners 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 owners agent pays all towing and storage fees related to the impoundment of the vehicle. 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 owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.(e) (1) The registered owner or the registered owners 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 defendants 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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.(f) A 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. |
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| 32 | 43 | | |
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| 33 | 44 | | The people of the State of California do enact as follows: |
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| 34 | 45 | | |
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| 35 | 46 | | ## The people of the State of California do enact as follows: |
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| 36 | 47 | | |
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| 37 | 48 | | SECTION 1. 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 an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is 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) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.(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 law, an impounding agency shall release a motor vehicle to the registered owner or their 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 an activity 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 their agent presents a currently valid drivers 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 owners 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 owners agent pays all towing and storage fees related to the impoundment of the vehicle. 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 owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.(e) (1) The registered owner or the registered owners 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 defendants 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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.(f) A 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. |
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| 38 | 49 | | |
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| 39 | 50 | | SECTION 1. Section 23109.2 of the Vehicle Code is amended to read: |
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| 40 | 51 | | |
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| 41 | 52 | | ### SECTION 1. |
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| 42 | 53 | | |
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| 43 | 54 | | 23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is 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) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.(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 law, an impounding agency shall release a motor vehicle to the registered owner or their 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 an activity 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 their agent presents a currently valid drivers 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 owners 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 owners agent pays all towing and storage fees related to the impoundment of the vehicle. 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 owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.(e) (1) The registered owner or the registered owners 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 defendants 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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.(f) A 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. |
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| 44 | 55 | | |
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| 45 | 56 | | 23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is 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) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.(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 law, an impounding agency shall release a motor vehicle to the registered owner or their 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 an activity 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 their agent presents a currently valid drivers 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 owners 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 owners agent pays all towing and storage fees related to the impoundment of the vehicle. 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 owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.(e) (1) The registered owner or the registered owners 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 defendants 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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.(f) A 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. |
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| 46 | 57 | | |
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| 47 | 58 | | 23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is 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) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.(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 law, an impounding agency shall release a motor vehicle to the registered owner or their 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 an activity 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 their agent presents a currently valid drivers 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 owners 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 owners agent pays all towing and storage fees related to the impoundment of the vehicle. 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 owners agent presents foreclosure documents or an affidavit of repossession for the vehicle.(e) (1) The registered owner or the registered owners 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 defendants 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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.(f) A 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. |
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| 48 | 59 | | |
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| 49 | 60 | | |
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| 50 | 61 | | |
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| 51 | 62 | | 23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in an activity 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 pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is seized may be impounded for not more than 30 days. |
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| 52 | 63 | | |
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| 53 | 64 | | (2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. |
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| 54 | 65 | | |
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| 55 | 66 | | (B) Reckless driving on a highway, as described in subdivision (a) of Section 23103. |
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| 56 | 67 | | |
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| 57 | 68 | | (C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103. |
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| 58 | 69 | | |
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| 59 | 70 | | (D) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109. |
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| 60 | 71 | | |
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| 61 | 72 | | (ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility. |
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| 62 | 73 | | |
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| 63 | 74 | | (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. |
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| 64 | 75 | | |
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| 65 | 76 | | (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other law, an impounding agency shall release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: |
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| 66 | 77 | | |
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| 67 | 78 | | (A) If the vehicle is a stolen vehicle. |
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| 68 | 79 | | |
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| 69 | 80 | | (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. |
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| 70 | 81 | | |
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| 71 | 82 | | (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 an activity described in subdivision (a). |
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| 72 | 83 | | |
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| 73 | 84 | | (D) If the legal owner or registered owner of the vehicle is a rental car agency. |
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| 74 | 85 | | |
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| 75 | 86 | | (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. |
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| 76 | 87 | | |
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| 77 | 88 | | (2) A vehicle shall be released pursuant to this subdivision only if the registered owner or their agent presents a currently valid drivers license to operate the vehicle and proof of current vehicle registration, or if ordered by a court. |
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| 78 | 89 | | |
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| 79 | 90 | | (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. |
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| 80 | 91 | | |
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| 81 | 92 | | (d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owners agent, on or before the 30th day of impoundment if all of the following conditions are met: |
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| 82 | 93 | | |
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| 83 | 94 | | (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. |
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| 84 | 95 | | |
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| 85 | 96 | | (2) The legal owner or the legal owners agent pays all towing and storage fees related to the impoundment of the vehicle. Lien sale processing fees shall not be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. |
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| 86 | 97 | | |
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| 87 | 98 | | (3) The legal owner or the legal owners agent presents foreclosure documents or an affidavit of repossession for the vehicle. |
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| 88 | 99 | | |
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| 89 | 100 | | (e) (1) The registered owner or the registered owners agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. |
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| 90 | 101 | | |
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| 91 | 102 | | (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. |
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| 92 | 103 | | |
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| 93 | 104 | | (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. |
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| 94 | 105 | | |
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| 95 | 106 | | (4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs. |
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| 96 | 107 | | |
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| 97 | 108 | | (5) The vehicle may not be sold prior to the defendants conviction. |
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| 98 | 109 | | |
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| 99 | 110 | | (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, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement. |
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| 100 | 111 | | |
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| 101 | 112 | | (f) A 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. |
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