BILL ANALYSIS
SB 833
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SENATE THIRD READING
SB 833 (Kopp) - As Amended: September 12, 1995
SENATE VOTE: 22-14
ASSEMBLY ACTIONS:
COMMITTEE: TRANS. VOTE: 12-1 COMMITTEE: APPR. VOTE: 15-1
Ayes: Katz, Bowler, Aguiar, Davis,Ayes: V. Brown, Aguiar, Baca,
Goldsmith, Granlund, Knight, Bordonaro, Bustamante,
Friedman,
Mazzoni, Morrow, Napolitano, Frusetta, Goldsmith, Lee,
Frusetta, McPherson K. Murray, Olberg, Rogan,
Takasugi, Villaraigosa,
Setencich
Nays: Campbell Nays: Poochigian
DIGEST
Existing law authorizes:
1) Governmental agencies, in cooperation with law enforcement
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) 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) The Department of Motor Vehicles (DMV) to issue regular series
license plates for certain vehicles owned by the state.
This bill:
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1) Extends the authorization to use automated traffic enforcement
systems to all areas where a driver is required to obey traffic
signals. The use of such photographic equipment would:
a) Require the system to be visible to approaching traffic and
be identified by signs.
b) Be limited to governmental and law enforcement agencies'
use.
c) Require photographic records to be confidential and used
only for traffic control device enforcement, but permit the
driver of a vehicle at the time of an alleged violation to
review photographic evidence of the alleged violation.
2) Clarifies the application of the vehicle impoundment provisions
and specify conditions and procedures for the release of a
vehicle prior to 30 days. Specifically, this bill;
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.
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:
i) When the vehicle was stolen;
ii) When the vehicle was driven by an unlicensed
employee of a business (e.g., parking service or repair
facility);
iii) When the driver's license was suspended or revoked
for minor or nondriving-related violations; and
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iv) When all towing and storage fees and charges are
paid.
d) Requires the release of an impounded vehicle to the legal
owner before 30 days, if all of the following conditions
are met:
i) The legal owner is a specified financial
institution, vehicle dealer or another person, not the
registered owner, holding a security interest in the
vehicle;
ii) All towing, storage fees and charges are paid; and,
iii) The legal owner presents foreclosure or repossession
documents to the impounding agency.
e) Prohibits vehicles released early to legal owners from
subsequently being returned to the original or registered
driver and prohibits rental agencies from renting another
vehicle to the cited driver before the 30 days expired.
f) Restores 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
(Kopp), Chapter 1221, Statutes of 1994.
FISCAL EFFECT
None anticipated to the state other than minor costs associated
with issuing new license plates.
COMMENTS
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
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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% drop in red light violations while
Melbourne, Australia reported a 30% reduction in traffic
fatalities, both cases attributable to use of the automated
enforcement units.
Law enforcement agencies throughout the state have made frequent
and effective use of the recently-enacted vehicle impoundment
provisions, 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.
Also, there are reports that many unlicensed persons have acted
to clear up their driver's license status with the DMV.
The bill's impoundment and release provisions are intended to
address uncertainties and situations which have arisen since SB
1758 took effect in January 1995. Numerous 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.
The provisions clarifying the 30-day impoundment law are
consistent with the Safe Streets Act of 1994 [AB 3148 (Katz),
Chapter 1133, Statutes of 1994] which confiscates vehicles if a
driver is caught driving either with a suspended or revoked
license, or has never had a license, and has a prior conviction
for one of these offenses.
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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Analysis prepared by: Wendy Umino / atrans / 445-7278
FN 020002