Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 718


Introduced by Assembly Member Chu

February 25, 2015


An act tobegin delete amend Section 14602.6 ofend deletebegin insert add Sections 22506.5 and 22651.06 toend insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 718, as amended, Chu. Vehicles:begin delete impounded vehicles.end deletebegin insert parking citations and impoundment.end insert

begin insert

Existing law regulates the stopping, parking, or leaving of vehicles on highways and off-street parking facilities, and also authorizes local authorities, by ordinance or resolution, to regulate the parking of vehicles on highways, if the ordinance or resolution is first approved by the Department of Transportation. Existing law further authorizes the impoundment of a vehicle that is parked where local authorities, by resolution or ordinance, have prohibited parking, or when the vehicle has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days, as specified.

end insert
begin insert

This bill would prohibit a peace officer or an employee of a city or county from issuing a parking citation to the owner or person in control of a vehicle, or from impounding a vehicle, on the basis that the owner or other person is sleeping in the vehicle, if the vehicle is otherwise lawfully parked.

end insert
begin delete

Existing law authorizes a peace officer who determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving in violation of a driver’s license restriction, or driving a vehicle without ever having been issued a driver’s license, to cause the removal and seizure of the vehicle. Existing law requires a 30-day impoundment period for seized vehicles, subject to exceptions allowing earlier release.

end delete
begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 22506.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert22506.5.end insert  

A peace officer, or a regularly employed and salaried
4employee of a city or county who is engaged in directing traffic
5or enforcing parking laws, shall not issue a parking citation to the
6owner or person in control of a vehicle for sleeping in the vehicle,
7if the vehicle is otherwise lawfully parked.

end insert
8begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 22651.06 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
9read:end insert

begin insert
10

begin insert22651.06.end insert  

A peace officer, or a regularly employed and salaried
11employee of a city or county who is engaged in directing traffic
12or enforcing parking laws, shall not remove and impound a vehicle
13on the basis that the owner or person in control of the vehicle is
14sleeping in the vehicle, if the vehicle is otherwise lawfully parked.

end insert
begin delete
15

SECTION 1.  

Section 14602.6 of the Vehicle Code is amended
16to read:

17

14602.6.  

(a) (1) If a peace officer determines that a person
18was driving a vehicle while his or her driving privilege was
19suspended or revoked, driving a vehicle while his or her driving
20privilege is restricted pursuant to Section 13352 or 23575 and the
21vehicle is not equipped with a functioning, certified interlock
22device, or driving a vehicle without ever having been issued a
23driver’s license, the peace officer may either immediately arrest
24that person and cause the removal and seizure of that vehicle or,
25if the vehicle is involved in a traffic collision, cause the removal
26and seizure of the vehicle without the necessity of arresting the
27person in accordance with Chapter 10 (commencing with Section
2822650) of Division 11. A vehicle impounded pursuant to this
29paragraph shall be impounded for 30 days.

P3    1(2) The impounding agency, within two working days of
2impoundment, shall send a notice by certified mail, return receipt
3requested, to the legal owner of the vehicle, at the address obtained
4from the department, informing the owner that the vehicle has
5been impounded. Failure to notify the legal owner within two
6working days shall prohibit the impounding agency from charging
7for more than 15 days’ impoundment when the legal owner
8redeems the impounded vehicle. The impounding agency shall
9maintain a published telephone number that provides information
1024 hours a day regarding the impoundment of vehicles and the
11rights of a registered owner to request a hearing. The law
12enforcement agency shall be open to issue a release to the registered
13owner or legal owner, or the agent of either, whenever the agency
14is open to serve the public for regular, nonemergency business.

15(b) The registered and legal owner of a vehicle that is removed
16and seized under subdivision (a) or their agents shall be provided
17the opportunity for a storage hearing to determine the validity of,
18or consider any mitigating circumstances attendant to, the storage,
19in accordance with Section 22852.

20(c) Any period in which a vehicle is subjected to storage under
21this section shall be included as part of the period of impoundment
22ordered by the court pursuant to subdivision (a) of Section 14602.5.

23(d) (1) An impounding agency shall release a vehicle to the
24registered owner or his or her agent prior to the end of 30 days’
25impoundment under any of the following circumstances:

26(A) The vehicle is a stolen vehicle.

27(B) The vehicle is subject to bailment and is driven by an
28unlicensed employee of a business establishment, including a
29parking service or repair garage.

30(C) The license of the driver was suspended or revoked for an
31offense other than those included in Article 2 (commencing with
32Section 13200) of Chapter 2 of Division 6 or Article 3
33(commencing with Section 13350) of Chapter 2 of Division 6.

34(D) The vehicle was seized pursuant to this section for an
35offense that does not authorize the seizure of the vehicle.

36(E) The driver reinstates his or her driver’s license or acquires
37a driver’s license and proper insurance.

38(2) A vehicle shall not be released pursuant to this subdivision
39without presentation of the registered owner’s or agent’s currently
P4    1valid driver’s license to operate the vehicle and proof of current
2vehicle registration, or upon order of a court.

3(e) The registered owner or his or her agent is responsible for
4all towing and storage charges related to the impoundment and
5any administrative charges authorized under Section 22850.5.

6(f) A vehicle removed and seized pursuant to subdivision (a)
7shall be released to the legal owner of the vehicle or the legal
8owner’s agent prior to the end of 30 days’ impoundment if all of
9the following conditions are met:

10(1) The legal owner is a motor vehicle dealer, bank, credit union,
11acceptance corporation, or other licensed financial institution
12legally operating in this state or is another person, not the registered
13owner, holding a security interest in the vehicle.

14(2) (A) The legal owner or the legal owner’s agent pays all
15towing and storage fees related to the seizure of the vehicle. No
16lien sale processing fees shall be charged to the legal owner who
17redeems the vehicle prior to the 15th day of impoundment. Neither
18the impounding authority nor any person having possession of the
19vehicle shall collect from the legal owner of the type specified in
20paragraph (1), or the legal owner’s agent, any administrative
21charges imposed pursuant to Section 22850.5 unless the legal
22owner voluntarily requested a poststorage hearing.

23(B) A person operating or in charge of a storage facility where
24vehicles are stored pursuant to this section shall accept a valid
25bank credit card or cash for payment of towing, storage, and related
26fees by a legal or registered owner or the owner’s agent claiming
27the vehicle. A credit card shall be in the name of the person
28presenting the card. “Credit card” means “credit card” as defined
29in subdivision (a) of Section 1747.02 of the Civil Code, except,
30for the purposes of this section, credit card does not include a credit
31card issued by a retail seller.

32(C) A person operating or in charge of a storage facility
33described in subparagraph (B) who violates subparagraph (B) shall
34be civilly liable to the owner of the vehicle or to the person who
35tendered the fees for four times the amount of the towing, storage,
36and related fees, but not to exceed five hundred dollars ($500).

37(D) A person operating or in charge of a storage facility
38described in subparagraph (B) shall have sufficient funds on the
39premises of the primary storage facility during normal business
P5    1hours to accommodate, and make change in, a reasonable monetary
2transaction.

3(E) Credit charges for towing and storage services shall comply
4with Section 1748.1 of the Civil Code. Law enforcement agencies
5may include the costs of providing for payment by credit when
6making agreements with towing companies on rates.

7(3) (A) The legal owner or the legal owner’s agent presents a
8copy of the assignment, as defined in subdivision (b) of Section
97500.1 of the Business and Professions Code, a release from the
10one responsible governmental agency, only if required by the
11 agency, a government-issued photographic identification card, and
12any one of the following, as determined by the legal owner or the
13legal owner’s agent: a certificate of repossession for the vehicle,
14a security agreement for the vehicle, or title, whether paper or
15electronic, showing proof of legal ownership for the vehicle. Any
16documents presented may be originals, photocopies, or facsimile
17copies, or may be transmitted electronically. The law enforcement
18agency, impounding agency, or any other governmental agency,
19or any person acting on behalf of those agencies, shall not require
20any documents to be notarized. The law enforcement agency,
21impounding agency, or any person acting on behalf of those
22agencies may require the agent of the legal owner to produce a
23photocopy or facsimile copy of its repossession agency license or
24registration issued pursuant to Chapter 11 (commencing with
25Section 7500) of Division 3 of the Business and Professions Code,
26or to demonstrate, to the satisfaction of the law enforcement
27agency, impounding agency, or any person acting on behalf of
28those agencies, that the agent is exempt from licensure pursuant
29to Section 7500.2 or 7500.3 of the Business and Professions Code.

30(B) Administrative costs authorized under subdivision (a) of
31Section 22850.5 shall not be charged to the legal owner of the type
32specified in paragraph (1) who redeems the vehicle unless the legal
33owner voluntarily requests a poststorage hearing. A city, county,
34city and county, or state agency shall not require a legal owner or
35a legal owner’s agent to request a poststorage hearing as a
36requirement for release of the vehicle to the legal owner or the
37legal owner’s agent. The law enforcement agency, impounding
38agency, or other governmental agency, or any person acting on
39behalf of those agencies, shall not require any documents other
40than those specified in this paragraph. The law enforcement agency,
P6    1impounding agency, or other governmental agency, or any person
2acting on behalf of those agencies, shall not require any documents
3to be notarized. The legal owner or the legal owner’s agent shall
4be given a copy of any documents he or she is required to sign,
5except for a vehicle evidentiary hold logbook. The law enforcement
6agency, impounding agency, or any person acting on behalf of
7those agencies, or any person in possession of the vehicle, may
8photocopy and retain the copies of any documents presented by
9the legal owner or legal owner’s agent.

10(4) A failure by a storage facility to comply with any applicable
11conditions set forth in this subdivision shall not affect the right of
12the legal owner or the legal owner’s agent to retrieve the vehicle,
13provided all conditions required of the legal owner or legal owner’s
14agent under this subdivision are satisfied.

15(g) (1) A legal owner or the legal owner’s agent that obtains
16release of the vehicle pursuant to subdivision (f) shall not release
17the vehicle to the registered owner of the vehicle, or the person
18who was listed as the registered owner when the vehicle was
19impounded, or any agents of the registered owner, unless the
20registered owner is a rental car agency, until after the termination
21of the 30-day impoundment period.

22(2) The legal owner or the legal owner’s agent shall not
23relinquish the vehicle to the registered owner or the person who
24was listed as the registered owner when the vehicle was impounded
25until the registered owner or that owner’s agent presents his or her
26valid driver’s license or valid temporary driver’s license to the
27legal owner or the legal owner’s agent. The legal owner or the
28legal owner’s agent or the person in possession of the vehicle shall
29make every reasonable effort to ensure that the license presented
30is valid and possession of the vehicle will not be given to the driver
31who was involved in the original impoundment proceeding until
32the expiration of the impoundment period.

33(3) Prior to relinquishing the vehicle, the legal owner may
34require the registered owner to pay all towing and storage charges
35related to the impoundment and any administrative charges
36authorized under Section 22850.5 that were incurred by the legal
37owner in connection with obtaining custody of the vehicle.

38(4) Any legal owner who knowingly releases or causes the
39release of a vehicle to a registered owner or the person in
40possession of the vehicle at the time of the impoundment or any
P7    1agent of the registered owner in violation of this subdivision shall
2be guilty of a misdemeanor and subject to a fine in the amount of
3two thousand dollars ($2,000) in addition to any other penalties
4established by law.

5(5) The legal owner, registered owner, or person in possession
6of the vehicle shall not change or attempt to change the name of
7the legal owner or the registered owner on the records of the
8department until the vehicle is released from the impoundment.

9(h) (1) A vehicle removed and seized under subdivision (a)
10shall be released to a rental car agency prior to the end of 30 days’
11impoundment if the agency is either the legal owner or registered
12owner of the vehicle and the agency pays all towing and storage
13fees related to the seizure of the vehicle.

14(2) The owner of a rental vehicle that was seized under this
15section may continue to rent the vehicle upon recovery of the
16vehicle. However, the rental car agency may not rent another
17vehicle to the driver of the vehicle that was seized until 30 days
18after the date that the vehicle was seized.

19(3) The rental car agency may require the person to whom the
20vehicle was rented to pay all towing and storage charges related
21to the impoundment and any administrative charges authorized
22under Section 22850.5 that were incurred by the rental car agency
23in connection with obtaining custody of the vehicle.

24(i) Notwithstanding any other provision of this section, the
25registered owner and not the legal owner shall remain responsible
26for any towing and storage charges related to the impoundment,
27any administrative charges authorized under Section 22850.5, and
28any parking fines, penalties, and administrative fees incurred by
29the registered owner.

30(j) The law enforcement agency and the impounding agency,
31including any storage facility acting on behalf of the law
32enforcement agency or impounding agency, shall comply with this
33section and shall not be liable to the registered owner for the
34improper release of the vehicle to the legal owner or the legal
35owner’s agent provided the release complies with the provisions
36of this section. The legal owner shall indemnify and hold harmless
37a storage facility from any claims arising out of the release of the
38vehicle to the legal owner or the legal owner’s agent and from any
39damage to the vehicle after its release, including the reasonable
40costs associated with defending any such claims. A law
P8    1enforcement agency shall not refuse to issue a release to a legal
2owner or the agent of a legal owner on the grounds that it
3previously issued a release.

end delete


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