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