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 SB 67 Page 2 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. SB 67 Page 3 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. SB 67 Page 4 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 SB 67 Page 5 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 SB 67 Page 6 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