BILL ANALYSIS SB 833 Date of Hearing: August 23, 1995 ASSEMBLY COMMITTEE ON APPROPRIATIONS Charles Poochigian, Chair SB 833 (Kopp) - As Amended: July 15, 1995 Policy Committee: Transportation Vote: 12-1 State Mandated Local Program: Yes Reimbursable: No SUBJECT Vehicles: crimes: enforcement: license plates. This bill: 1) Extends the authorization to governmental and law enforcement agencies to use automated traffic enforcement systems in all areas where a driver is required to obey traffic signals. 2) Require the system to be visible to approaching traffic, be identified by signs, and that the photographic records be kept confidential and used only for traffic control device enforcement. 3) Clarifies the application of vehicle impoundment provisions and specifies the conditions and procedures for the release of a vehicle prior to 30 days: a) Authorizes the impoundment for 30 days of a vehicle involved in an accident caused by a driver with a suspended or revoked license, or an unlicensed driver, without the necessity of arresting the driver. - continued - SB 833 Page 1 SB 833 b) Allows the impounding agency to consider any mitigating circumstances during a hearing to determine the validity of a 30-day impoundment. c) Requires an impounding agency to release a vehicle prior to the end of the 30-day period when the vehicle was stolen, when the vehicle was driven by an unlicensed employee of a business, or when the driver's license was suspended or revoked for minor or nondriving-related violations. Requires that all towing and storage fees and charges are paid prior to release. d) Requires the release of an impounded vehicle to the legal owner before 30 days, if the legal owner is a specified financial institution, vehicle dealer, or rental agency. Requires release when the legal owner presents foreclosure or repossession documents to the impounding agency. e) Prohibits rental agencies from renting another vehicle to the cited driver before the 30 day holding period has expired. 4) Restores to misdemeanor status the crime of driving with a suspended or revoked license. 5) Allows Supreme Court justices to be issued regular-series license plates for their state-owned vehicles. FISCAL EFFECT - continued - SB 833 Page 2 SB 833 1) The California Highway Patrol reports no costs. 2) The Department of Motor Vehicles (DMV) reports minor costs of $29,000 to the Motor Vehicle Account. $17,000 is for one half of a personnel year to develop the necessary procedures and regulations related to allowing Supreme Court Justices to use regular series license plates. An additional $12,000 is for the printing and distribution costs to send all 170 DMV field offices necessary information relating to the use of the photographic enforcement systems. 3) Unknown, probably minor, costs to local government for enforcement; crimes and infractions disclaimer. COMMENTS 1) Existing law authorizes governmental agencies to use automated rail crossing enforcement systems (photographic equipment) which identifies traffic offenders and allows notices to appear to be issued in the absence of peace officers. 2) Existing law authorizes a peace officer to arrest a person and cause the removal and seizure of his or her vehicle when the officer has determined that the person was driving with a suspended or revoked driver's license, or without ever having a driver's license. 3) Sponsors of the 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. - continued - SB 833 Page 3 SB 833 4) Law enforcement agencies throughout the state have made effective use vehicle impoundment provisions by impounding thousands of vehicles being operated by drivers with suspended or revoked licenses, or unlicensed drivers. In addition to taking such drivers off the road, police agencies indicate that such impoundments have proved effective in suppressing other criminal activity involving the use of vehicles. The bill's impoundment and release provisions are intended to address various uncertainties and situations which have arisen since this law took effect in January 1995. For example, financial institutions and rental agencies have reported their inability to reclaim vehicles they legally own but which are leased, financed, or rented to others. Some law enforcement agencies have refused to release such vehicles before the end of the 30 days, resulting in significant impoundment charges to the legal owners when the registered owners subsequently do not reclaim the vehicles. 5) The vehicle license plate provision allows Supreme Court justices to be issued regular series license plates. This enhances the security of justices as they will not be readily identifiable with normal appearance license plates. - continued - SB 833 Page 4