BILL NUMBER: SB 833	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MAY 10, 1995
	AMENDED IN SENATE   APRIL 18, 1995

INTRODUCED BY  Senator Kopp

                        FEBRUARY 23, 1995

   An act to amend Sections 210, 14602.6, 22451, 40000.11, and 40518
of, and to add Section 21455.5 to, the Vehicle Code, relating to
vehicles, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 833, as amended, Kopp.   Vehicles:  crimes:  enforcement.
   (1) Existing law authorizes the equipping, by governmental
agencies, in cooperation with law enforcement agencies, of automated
rail crossing enforcement systems, as defined, provides a special
written, mailed notice to appear procedure in connection with certain
alleged violations recorded by an automated rail crossing
enforcement system, and limits the availability of photographic
records to the purposes of the law.
   This bill would expressly apply the above and its related
procedures to all places where a driver is required to respond to an
official traffic control signal showing different colored lights.
The bill would rename the automated rail crossing enforcement system
the automated enforcement system.
   (2) Existing law authorizes a peace officer to arrest a person and
cause the removal and seizure of the person's vehicle when the
officer has determined that the person was driving the vehicle while
the person's driving privilege was suspended or revoked or without
ever having been issued a driver's license.  A vehicle so impounded
is required to be impounded for 30 days.
   This bill would authorize the officer to remove and seize the
vehicle, without the necessity of arresting the person, when the
vehicle in the above situation has been involved in a traffic
collision.
   The bill would prescribe procedures to be followed for the release
of the vehicle prior to the end of 30 day's impoundment, including a
requirement that a legal owner who has obtained possession of the
impounded vehicle not relinquish the vehicle to the registered owner
until after the termination of the  30 day  
30-day  impoundment period and until after the registered owner
has presented his valid driver's license or valid temporary driver's
license to the legal owner.  Because a violation of that requirement
would be an infraction, the bill would impose a state-mandated local
program by creating a new crime.
   (3) Existing law specifies that a violation of certain provisions
relating to vehicles are misdemeanors and not infractions.
   This bill would make a violation of specified provisions relating
to driving with a suspended or revoked driver's license a
misdemeanor, thereby imposing a state-mandated local program.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (5) The bill would declare that it is to take effect immediately
as an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee: yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 210 of the Vehicle Code is amended to read:
   210.  An "automated enforcement system" is any system operated by
a governmental agency, in cooperation with a law enforcement agency,
that photographically records a driver's responses to a rail or rail
transit signal or crossing gate, or both, or to an official traffic
control signal described in Section 21450, and is designed to obtain
a clear photograph of a vehicle's license plate and the driver of the
vehicle.
  SEC. 2.  Section 14602.6 of the Vehicle Code is amended to read:
   14602.6.  (a) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked or without ever having been issued a license,
the peace officer may either immediately arrest that person and cause
the removal and seizure of that vehicle or, if the vehicle is
involved in a traffic collision, cause the removal and seizure of the
vehicle, without the necessity of arresting the person in accordance
with Chapter 10 (commencing with Section 22650) of Division 11.  A
vehicle so impounded shall be impounded for 30 days  , and any
lien sale for the vehicle shall be conducted only on or after the
15th day after the end of that impoundment period  .
   (b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
   (c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
   (d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 day's
impoundment under any of the following circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
   (C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
   (2) No vehicle shall be released pursuant to this subdivision,
except upon presentation of the registered owner's or agent's
currently valid driver's license to operate the vehicle and proof of
current vehicle registration, or upon order of a court.
   (e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
   (f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle prior to the end of 30 day'
s impoundment if all of the following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, 
other financial institution, or rental car agency licensed 
 credit union, acceptance corporation, or other licensed
financial institution, or a rental car agency licensed  to do
business in this state.
   (2) The legal owner pays all towing and storage fees related to
the seizure of the vehicle.
   (3) The legal owner presents foreclosure or repossession documents
for the vehicle.
   (g) (1) A legal owner that obtains release of the vehicle pursuant
to subdivision (f) shall not release the vehicle to the registered
owner of the vehicle or any agents of the registered owner until
after the termination of the 30-day impoundment period.
   (2) The legal owner shall not relinquish the vehicle to the
registered owner until the registered owner or that owner's agent
presents his or her valid driver's license or valid temporary driver'
s license to the legal owner.  The legal owner shall make every
reasonable effort to ensure that the license presented is valid.
   (3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
   (h) (1) The legal owner of a rental vehicle that was seized under
this section may continue to rent the vehicle upon recovery of the
vehicle. However, the legal owner shall not rent another vehicle to
the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
   (2) The legal owner of a rental vehicle may require the driver to
pay all towing and storage charges related to the impoundment and any
administrative charges authorized under Section 22850.5 that were
incurred by the legal owner in connection with obtaining custody of
the vehicle.  
   (i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner. 
  SEC. 3.  Section 21455.5 is added to the Vehicle Code, to read:
   21455.5.  (a) The limit line, the intersection, or other places
designated in Section 21455 where a driver is required to stop may be
equipped with an automated enforcement system if the system is
identified by signs clearly indicating the system's presence and is
visible to traffic approaching from all directions.
   Only a governmental agency, in cooperation with a law enforcement
agency, may operate an automated enforcement system.
   (b) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, photographic records made by an automated
enforcement system shall be confidential, and shall be made available
only to governmental agencies and law enforcement agencies for the
purposes of this article.
  SEC. 4.  Section 22451 of the Vehicle Code is amended to read:
   22451.  (a) The driver of any vehicle approaching a railroad or
rail transit grade crossing shall stop not less than 15 feet from the
nearest rail and shall not proceed until he or she can do so safely,
whenever the following conditions exist:
   (1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train or car.
   (2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.
   (b) No driver shall proceed through, around, or under any railroad
or rail transit crossing gate while the gate is closed.
   (c) Whenever a railroad or rail transit crossing is equipped with
an automated enforcement system, a notice of a violation of this
section is subject to the procedures provided in Section 40518.
  SEC. 5.  Section 40000.11 of the Vehicle Code is amended to read:
   40000.11.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Division 5 (commencing with Section 11100), relating to
occupational licensing and business regulations.
   (b) Section 12500, subdivision (a), relating to unlicensed
drivers.
   (c) Section 12515, subdivision (b), relating to persons under 21
years of age driving, and the employment of those persons to drive,
vehicles engaged in interstate commerce or transporting hazardous
substances or wastes.
   (d) Section 12517, relating to a special driver's certificate to
operate a schoolbus or school pupil activity bus.
   (e) Section 12519, subdivision (a), relating to a special driver's
certificate to operate a farm labor vehicle.
   (f) Section 12520, relating to a special driver's certificate to
operate a tow truck.
   (g) Section 12804, subdivision (d), relating to medical
certificates.
   (h) Section 12951, subdivision (b), relating to refusal to display
license.
   (i) Section 13004, relating to unlawful use of identification
card.
   (j) Section 13004.1, relating to identification documents.
   (k) Section 14601, relating to driving with a suspended or revoked
driver's license.
   (l) Section 14601.1, relating to driving with a suspended or
revoked driver's license.
   (m) Section 14601.2, relating to driving with a suspended or
revoked driver's license.
   (n) Section 14604, relating to unlawful use of a vehicle.
   (o) Section 14610, relating to unlawful use of driver's license.
   (p) Section 14610.1, relating to identification documents.
   (q) Section 15501, relating to use of false or fraudulent license
by a minor.
  SEC. 6.  Section 40518 of the Vehicle Code is amended to read:
   40518.  (a) Whenever a written notice to appear has been issued by
a peace officer or by a qualified employee of a law enforcement
agency on a form approved by the Judicial Council for an alleged
violation of Section 22451, or, based on an alleged violation of
Section 21453, 21455, or 22101 recorded by an automated enforcement
system pursuant to Section 21455.5 or 22451, and delivered by mail
within 30 days of the alleged violation to the current address of the
registered owner of the vehicle on file with the department, with a
certificate of mailing obtained as evidence of service, an exact and
legible duplicate copy of the notice when filed with the magistrate
shall constitute a complaint to which the defendant may enter a plea.
  Preparation and delivery of a notice to appear pursuant to this
section is not an arrest.
   (b) A notice to appear shall contain the name and address of the
person, the license plate number of the person's vehicle, the offense
charged, and the time and place when, and where, the person may
appear in court or before a person authorized to receive a deposit of
bail.  The time specified shall be at least 10 days after the notice
to appear is delivered.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
  SEC. 8.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to help ensure, at the earliest possible time, the
protection of the public by putting into effect as quickly as
possible various provisions relating to motor vehicles, it is
necessary that this act take effect immediately.