BILL ANALYSIS                                                                                                                                                                                                    



SENATE RULES COMMITTEE
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614         Fax: (916) 327-4478
                                                              
                                                        .

                                           THIRD READING
                                                              
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Bill No:  SB 833
Author:   Kopp (I)
Amended:  5/25/95
Vote:     21
                                                              
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 SENATE TRANSPORTATION COMMITTEE:  6-1, 5/2/95
AYES:  Ayala, Boatwright, Johnston, Monteith, Russell, Kopp
NOES:  Kelley
NOT VOTING:  Hayden, Polanco

 SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

 SENATE FLOOR:   20-19, 5/18/95
AYES:  Alquist, Ayala, Beverly, Boatwright, Campbell,  
  Costa, Craven, Hayden, Johnston, Killea, Kopp, Marks,  
  Mello, Monteith, O'Connell, Petris, Rosenthal, Russell,  
  Solis, Watson
NOES:  Calderon, Dills, Greene, Haynes, Hughes, Hurtt,  
  Johannessen, Johnson, Kelley, Leonard, Leslie, Lewis,  
  Maddy, Mountjoy, Peace, Polanco, Rogers, Thompson, Wright
NOT VOTING:  Lockyer
                                                              
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SUBJECT:    Vehicles:  crimes:  enforcement.

 SOURCE:     City of Santa Rosa Police Chief
                                                              
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DIGEST:    This bill (1) expands the authorization to use  
automated rail crossing enforcement systems to all places  
where a driver is required to stop by traffic control  
signals, and (2) clarify conditions and procedures for the  
release of a vehicle impounded because the driver's license  
                                                     
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was suspended or revoked.

 Senate Floor Amendments of 5/18/95 removed the urgency  
clause.

 Senate Floor Amendments of 5/25/95 added a three-year  
sunset to the red light enforcement provision.

 ANALYSIS:    SB 1802 (Rosenthal, 1994) authorized the use  
of automated rail crossing enforcement systems (red light  
cameras) to record violations occurring at rail crossing  
signals and gates.  The bill required signs to be posted  
indicating the system's presence and to be visible to  
approaching traffic.  Use of such equipment is limited to  
governmental agencies in cooperation with law enforcement  
agencies.

Persons failing to stop at activated rail crossing signals  
or gates and whose actions are recorded by the automatic  
enforcement systems may subsequently be cited by mail for  
the violations.

This bill extends the authorization to use automated  
enforcement equipment to all areas where a driver is  
required to obey traffic signals.  The use of such  
photographic equipment would:

1.Require the system to be visible to approaching traffic  
  and be identified by signs.

2.Be limited to governmental and law enforcement agencies'  
  use.

3.Require photographic records to be confidential and used  
  only for traffic control device enforcement.

4.The above provision would sunset on January 1, 1999.  At  
  that time, the current law would be reinstated.

SB 1758 (Kopp, 1994) enacted provisions authorizing the  
impoundment for 30 days of vehicles driven by persons with  
suspended or revoked drivers' licenses or who were never  
licensed.  The legislation also made it unlawful to provide  
a vehicle to such a driver if the nonlicensed status is  
                                                     
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known and also enacted related enforcement provisions.

This bill clarifies the application of the vehicle  
impoundment provisions and specify conditions and  
procedures for the release of a vehicle prior to 30 days.   
It would:

1.Authorize the impoundment for 30 days of a vehicle  
  involved in an accident and driven by a suspended or  
  revoked driver, without the necessity of arresting the  
  driver.  Any lien sale shall be conducted on or after the  
  15th day after the end of the 30-day impoundment period.

2.Allow the impounding agency to consider any mitigating  
  circumstances during a hearing to determine the validity  
  of a 30-day impoundment.

3.Require an impounding agency to release a vehicle prior  
  to the end of the 30-day period:

  a.when the vehicle was stolen.

  b.when the vehicle was driven by an unlicensed employee  
     of a business (e.g., parking service or repair  
     facility).

  c.when the driver's license was suspended or revoked for  
     minor or nondriving-related violations.

  d.all towing and storage fees and charges are paid.

4.Require the release of an impounded vehicle to the legal  
  owner before 30 days if:

  a.the legal owner is a motor vehicle dealer, bank, credit  
     union, acceptance corporation, or other financial  
     institution, or a rental car agency.

  b.all towing and storage fees and charges are paid.

  c.the legal owner presents foreclosure or repossession  
     documents to the impounding agency.

5.Prohibit vehicles released early to legal owners from  
                                                     
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  subsequently being returned to the original or registered  
  driver and prohibit rental agencies from renting another  
  vehicle to the cited driver before the 30 days expired.

6.Restore to misdemeanor status, rather than an infraction,  
  the crime of driving with a suspended or revoked license,  
  in order to correct a technical drafting error in SB  
  1758.

7.Specify that the registered owner and not the legal owner  
  is responsible to charges related to impoundment. 

 FISCAL EFFECT:   Appropriation:  No   Fiscal Com.:  Yes    
Local:  No

 SUPPORT:   (Verified  5/26/95)

City of Santa Rosa Police Chief (source)
Independent Auto Dealers of California
California Association of Licensed Repossessers
California Peace Officers Association
California Peace Chiefs Association

 ARGUMENTS IN SUPPORT:    Sponsors of the red light  
photographic enforcement equipment provisions cite the use  
of such equipment in reducing the rate of violations as  
well as the number of accidents and fatalities at  
intersections.  Various studies and tests of the equipment  
have concluded that a substantial portion of urban vehicle  
crashes occur at intersections involving drivers running  
through red lights.  Such violators, as a group, are  
younger, less likely to wear seatbelts, and have poorer  
driving records.  Reports from Victoria, Canada showed a 72  
percent drop in red light violations while Melbourne,  
Australia reported a 30 percent reduction in traffic  
fatalities, both cases attributable to use of the automated  
enforcement units.
 




                                                     
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RJG:lm  5/26/95  Senate Floor Analyses
               SUPPORT/OPPOSITION:  SEE ABOVE
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