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. 
 




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   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





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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.  





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                                                          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.
 
 














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