BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 67
                                                                  Page  1

          Date of Hearing:   June 25, 2007

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                  Pedro Nava, Chair
                     SB 67 (Perata) - As Amended:  June 28, 2007

           SENATE VOTE :  36-0
           
          SUBJECT  :  Vehicles: speed contest and reckless driving

           SUMMARY  :  Reenacts provisions that were allowed to sunset that  
          provide for vehicle impoundments when a person is arrested for  
          reckless driving, reckless driving in a parking facility,  
          exhibition of speed, or a speed contest.  Law enforcement may  
          seize and impound the vehicle for a specified time.   
          Specifically,  this bill  :  

          1)Allows for the impoundment of vehicles when a person is  
            arrested for engaging in a speed contest, for reckless driving  
            on a highway or a parking facility, or for exhibition of  
            speed, their vehicle may be seized and impounded for 30 days.   


          2)Provides that the impoundment provisions allow the registered  
            and legal owner of a vehicle that is removed and seized an  
            opportunity for a storage hearing to determine the validity of  
            the storage.  

          3)Provides that the impounding agency must release a motor  
            vehicle to the registered owner or his or her agent prior to  
            the conclusion of the impoundment period under any of the  
            following circumstances:  

             a)   If the vehicle is stolen.  

             b)   If the person alleged to have been engaged in the motor  
               vehicle speed contest 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 legal owner or registered owner of the vehicle is  
               a rental car agency.  

             d)   If prior to the conclusion of the impoundment period a  
               citation or notice is dismissed, criminal charges are not  








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               filed because of lack of evidence, or charges are otherwise  
               dismissed by the court.  

          4)Provides that the impounding agency must release the vehicle,  
            if the registered owner of the vehicle was neither the driver  
            nor a passenger of the vehicle at the time of the violation or  
            was unaware that the driver was using the vehicle to engage in  
            any of the prohibited activities.  

          5)Provides that a vehicle must be released only if the  
            registered owner or his agents presents a currently valid  
            driver's license to operate the vehicle and proof of current  
            vehicle registration, or if ordered by the court.  

          6)Provides that if the motor vehicle is released prior to the  
            conclusion of the impoundment period because the person is not  
            charged or the case is dismissed then the registered owner  
            shall not be responsible for the impoundment charges.  

          7)Provides that the vehicle must be released to the legal owner  
            if the legal owner is a motor vehicle dealer, bank, credit  
            union, etc. or another person, not the registered owner,  
            owning a security interest in the vehicle and the legal owner  
            pays all towing and storage fees and the legal owner presents  
            foreclosure or repossession documents.  

          8)Provides that the registered owner is responsible for all  
            towing and storage fees and if the driver did not have  
            permission from the registered owner to drive the vehicle then  
            the court shall order the driver to reimburse the registered  
            owner for the fees.  

          9)Provides that if the vehicle is a rental vehicle, the rental  
            agency may require the driver to reimburse the towing and  
            storage fees.  

          10)Provides that the vehicle may not be sold prior to the  
            defendant's conviction.  

          11)Provides that the impounding agency is responsible for the  
            actual costs by the towing agency if the owner is absolved of  
            those costs.  

          12)This bill is an urgency measure.  









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          13) Designates this bill as the U'kendra K. Johnson Memorial  
            Act.  

           EXISTING LAW :  Provides that any person who drives any vehicle  
          upon a highway in willful or wanton disregard for the safety of  
          persons or property is guilty of reckless driving.  A person who  
          drives any vehicle in any off-street parking facility in a  
          willful or wanton disregard for the safety of persons or  
          property is guilty of reckless driving, which is punishable by  
          imprisonment in state prison or county jail for no less than 30  
          days and six months.  A fine between $220 and $1,000, may also  
          be imposed.  A combination of a fine and imprisonment can also  
          occur as well.  

          In addition, existing law provides that no person shall engage  
          in any motor vehicle speed contest, which includes a motor  
          vehicle race against another vehicle, a clock, or other timing  
          device. Existing law also prohibits aiding or abetting in a  
          speed contest.  Existing law also prohibits the exhibition of  
          speed in any motor vehicle or the aiding and abetting of the  
          exhibition of speed. The penalty for a speed contest or the  
          exhibition of speed is a misdemeanor punishable as a first  
          offense by 24 hours to 90 days in jail and/or a fine of  
          $355-$1,000 and for a second offense within five years, 4 days  
          to six months in jail and a fine of $500-$1,000.  

          Furthermore, existing law provides that, when a person is  
          arrested for a speed contest, the officer may impound the  
          vehicle for not more than 30 days.  The registered and legal  
          owner of the vehicle shall be provided with a hearing regarding  
          the storage and the vehicle shall be returned before the  
          conclusion of the impoundment period under the following  
          circumstances:  

          1)If the vehicle was stolen.  

          2)If the person alleged to have engaged in the speed contest was  
            not authorized by the registered owner to drive the vehicle at  
            the time of the offense.  

          3)If the legal or registered owner is a rental agency.  

          4) If the citation is dismissed and criminal charges are not  
            filed.  









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          5) If the legal owner pays the impoundment fees and presents  
            foreclosure documents.  

           FISCAL EFFECT  :  Unknown

           COMMENTS :  The provisions in this bill were in SB 1489 (Perata),  
          Chapter 411, Statutes of 2002, which was signed into law as an  
          urgency measure on September 9, 2002.  The bill contained a  
          sunset of January 1, 2007.  Since provisions were not renewed  
          last year, this bill seeks to reenact previous law, prior to  
          December 31, 2006.  According to the City of Oakland, the  
          sponsor of this bill, previous law proved helpful in deterring  
          "sideshow" activities (reckless driving, reckless driving in a  
          parking facility, exhibition of speed or a speed contest).  Over  
          the five-year period in which the previous law was in place, the  
          ability to impound vehicles that participated in these  
          activities served as a powerful deterrent.  

          This bill and previous legislation have attempted to deal with  
          the problems associated with vehicle "sideshows."  Sideshow  
          participants generally take over shopping mall, convenience  
          store, and gas station parking lots, as well as major  
          intersections and freeways, and engage in dangerous driving  
          behavior for the entertainment of participants and spectators.   
          This dangerous behavior includes the "spinning" and "burning" of  
          tires.  Participants and spectators normally gather in the early  
          morning hours to "spin donuts," a dangerous maneuver in which  
          vehicles are spun around at high speeds, with passengers often  
          hanging out of open windows and doors.  Often times, alcohol and  
          illegal drugs are consumed by both spectator and participants  
          during these activities.  

          In addition to the high risk of injury at the scene, fleeing  
          participants also pose significant risk to both pedestrians and  
          other drivers.  One such incident caused the death of U'Kendra  
          Johnson, who was killed when her car was side-swiped by a  
          sideshow driver attempting to flee police.  

          The enactment of previous law and introduction of this bill has  
          been largely as a result of community demand to combat these  
          practices.  In January 2001, a sideshow committee was formed  
          consisting of city, police, and community members, tasked with  
          extensively evaluating the issues and potentially offering  
          solutions.  The conclusion reached was that the penalties  
          associated with this behavior were not strict enough, nor the  








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          fines high enough to discourage such practices.  

          In 2002, the City of Oakland estimated that more than $2.5  
          million was spent annually on overtime for police officers, many  
          of whom spend weekend nights sitting in parking lots to deter  
          possible participants.  Although the City of Oakland, and many  
          other East Bay cities have attempted to deal with this issue for  
          years, the increased popularity of these practices through  
          internet web sites, such as You Tube, and music videos, have  
          further popularized these activities in suburban and rural parts  
          of the state.  

          The sponsor contends that "SB 1489 served as a valuable tool for  
          law enforcement in combating the problems of, and associated  
          with sideshows and that this bill will once again provide law  
          enforcement with the capacity to deter these illegal and  
          dangerous acts."  

          Opponents, such as the California Attorneys for Criminal Justice  
          (CACJ), contend that the extension of the impound provisions (up  
          to 30 days) to reckless driving and exhibition of speed would  
          allow a vehicle to be impounded for far less serious driving  
          offenses and could be subjective to a citing officer  
          determination.  Current law allows impoundment if the vehicle is  
          engaged in a speed contest.  CACJ point out for example, that a  
          person can be "cited for exhibition of speed for merely  
          screeching their tires while accelerating.  This conduct is not  
          inherently dangerous to drivers or pedestrians, but would be  
          treated the same as if the person was engaged in an actual motor  
          vehicle speed contest with another vehicle."  

           Similar legislation:   AB 430 (Benoit) makes a series of  
          cross-referencing amendments to various Vehicle Code sections to  
          reflect changes made to reckless driving and engaging in motor  
          vehicle speed contests that cause great bodily injury.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          City of Oakland (Sponsor) 
          Allegro at Jack London Square 
          American Federation of State, County and Municipal Employees  
          (AFSCME)
          Asociacion de Comerciantes y Profesionles Oakland








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          Automobile Club of Southern California
          California Association of Highway Patrolmen
          California District Attorneys Association
          California Highway Patrol
          California Peace Officers' Association
          California Police Chiefs Association
          California State Automobile Association
          California State Sheriffs Association
          City of Moreno Valley
          Crime Prevention Council
          Cub Inc.
          Laurel Village Association
          League of California Cities
          Los Angeles Police Protection League
          Martyn-Larsen Media
          OCCUR
          Peace Officers Research Association of California (PORAC)
          Riverside Sheriffs Association
          The Association for Los Angeles Deputy Sheriffs
          Victims United of California
          Zamacano Productions
          6 Neighborhood Crime Prevention Councils
          28 Individual letters

           Opposition 
           
          California Attorneys for Criminal Justice

           Analysis Prepared by  :   Alejandro Esparza / TRANS. / (916)  
          319-2093