BILL NUMBER: SB 833	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   SEPTEMBER 12, 1995
	AMENDED IN ASSEMBLY   AUGUST 30, 1995
	AMENDED IN ASSEMBLY   JULY 15, 1995
	AMENDED IN ASSEMBLY   JUNE 22, 1995
	AMENDED IN SENATE   MAY 25, 1995
	AMENDED IN SENATE   MAY 18, 1995
	AMENDED IN SENATE   MAY 10, 1995
	AMENDED IN SENATE   APRIL 18, 1995

INTRODUCED BY  Senator Kopp
   (Coauthors: Assembly Members Katz and Richter)

                        FEBRUARY 23, 1995

   An act to amend Sections 14602.6, 14604, and 40000.11 of 
, to add Section 5002.9 to  , to amend, repeal, and add
Sections 210, 22451, and 40518 of, and to add and repeal Section
21455.5 of the Vehicle Code, relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 833, as amended, Kopp.  Vehicles:  crimes:  enforcement:
license plates.
   (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 and
revised 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.  These changes
would be in effect only until January 1, 1999, and as of that date
would be repealed.
   (2)  Existing law authorizes the Department of Motor
Vehicles to issue regular series license plates for certain motor
vehicles that are owned by the state.
   This bill would allow a justice of the California Supreme Court
who is regularly issued a state-owned vehicle to apply to the
department for regular series license plates for that vehicle.
   (3)  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 impoundment period and
until after the registered owner has presented a 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.  
   (4)  
   (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.

  (5)  
  (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.
   Vote:  majority.  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.
   This section shall remain in effect only until January 1, 1999,
and as of that date is repealed, unless a later enacted statute,
which is enacted before January 1, 1999, deletes or extends that
date.
  SEC. 2.  Section 210 is added to the Vehicle Code, to read:
   210.  An "automated rail crossing 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,
and is designed to obtain a clear photograph of a vehicle's license
plate and the driver of the vehicle.
   This section shall become operative on January 1, 1999.  
  SEC. 2.5.  Section 5002.9 is added to the Vehicle Code, to read:
   5002.9.  (a) Any justice of the Supreme Court who is regularly
issued a state-owned vehicle may apply to the department for regular
series license plates for that vehicle.
   (b) Regular series license plates issued pursuant to subdivision
(a) shall be surrendered to the department upon the reassignment of
the vehicle. 
  SEC. 3.  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.
   The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle.
   (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 or the legal owner's agent
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, credit union,
acceptance corporation, or other licensed  financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
   (2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle.  No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the fifteenth day of impoundment.
   (3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
   (g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) shall not release
the vehicle to the registered ownerof the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the 30-day impoundment period.

   (2) The legal owner or the legal owner's agent 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 or the
legal owner's agent.  The legal owner or the legal owner's agent
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)  A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
   (2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle.  However, the rental car agency 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.
   (3) The rental car agency may require the person to whom the
vehicle was rented 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 rental car agency 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. 3.5.  Section 14604 of the Vehicle Code is amended to read:
   14604.  (a) No owner of a motor vehicle may knowingly allow
another person to drive the vehicle upon a highway unless the owner
determines that the person possesses a valid driver's license that
authorizes the person to operate the vehicle.  For the purposes of
this section, an owner is required only to make a reasonable effort
or inquiry to determine whether the prospective driver possesses a
valid driver's license before allowing him or her to operate the
owner's vehicle.  An owner is not required to inquire of the
department whether the prospective driver possesses a valid driver's
license.
   (b) A rental company is deemed to be in compliance with
subdivision (a) if the company rents the vehicle in accordance with
Sections 14608 and 14609.
  SEC. 4.  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,
visible to traffic approaching from all directions, or if signs are
posted at all major entrances to the city, including, at a minimum,
freeways, bridges, and state highway routes.
   Any city utilizing an automated traffic enforcement system at
intersections shall, prior to issuing citations, commence a program
to issue only warning notices for 30 days.  The local jurisdiction
shall also make a public announcement of the automated traffic
enforcement system at least 30 days prior to the commencement of the
enforcement program.
   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.
   (c)  Notwithstanding subdivision (b), the registered owner or any
individual identified by the registered owner as the driver of the
vehicle at the time of the alleged violation shall be permitted to
review the photographic evidence of the alleged violation.
   (d) This section shall remain in effect only until January 1,
1999, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or extends
that date.
  SEC. 5.  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.
   (d) This section shall remain in effect only until January 1,
1999, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or extends
that date.
  SEC. 6.  Section 22451 is added to the Vehicle Code, 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 rail crossing enforcement system, a notice of a
violation of this section is subject to the procedures provided in
Section 40518.
   (d) This section shall become operative on January 1, 1999.
  SEC. 7.  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 an identification
card.
   (j) Section 13004.1, relating to identification documents.
   (k) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to
driving with a suspended or revoked driver's license.
   (l) Section 14604, relating to unlawful use of a vehicle.
   (m) Section 14610, relating to unlawful use of a driver's license.

   (n) Section 14610.1, relating to identification documents.
   (o) Section 15501, relating to use of false or fraudulent license
by a minor.
  SEC. 8.  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 15 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
violation charged, including a description of the offense, 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.
   (c) This section shall remain in effect only until January 1,
1999, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or extends
that date.
  SEC. 9.  Section 40518 is added to the Vehicle Code, 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, with respect to a rail crossing, of
Section 21453 or 22101 based on an alleged violation recorded by an
automated rail crossing enforcement system, 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.
   (c) This section shall become operative on January 1, 1999.
  SEC. 10.  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.