Amended in Assembly April 21, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 718

Introduced by Assembly Member Chu

February 25, 2015

An act to add begin delete Sections 22506.5 and 22651.06 to the Vehicle Code, relating to vehicles. end delete begin insert Section 50034 to the Government Code, relating to local government. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 718, as amended, Chu. begin delete Vehicles: parking citations and impoundment. end delete begin insert Local government: powers. end insert

begin insert

Existing law authorizes the legislative body of a city or county to pass ordinances not in conflict with state or federal law and the state or federal constitution.

end insert begin insert

This bill would prohibit the legislative body of a city, county, or city and county from prohibiting, or otherwise subjecting to civil or criminal penalties, the act of sleeping or resting in a lawfully parked motor vehicle.

end insert begin delete

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 delete begin delete

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 delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 50034 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 50034. end insert   

The legislative body of a city, county, or city and county
shall not prohibit, or otherwise subject to civil or criminal
penalties, the act of sleeping or resting in a lawfully parked motor
vehicle.

end insert

begin delete

SECTION 1.  

Section 22506.5 is added to the Vehicle Code,
to read:

22506.5.  

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

end delete

begin delete

SEC. 2.  

Section 22651.06 is added to the Vehicle Code, to
read:

22651.06.  

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

end delete