HomeMy WebLinkAboutAB 1993 - Ma - Unlicense Drivrs and Peace Officer Impound of VehiclesCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE A LETTER
OF OPPOSITION FOR AB 1993 (MA).
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: May 10, 2012
CONTENTS: AB 1993 Bill Text
Recommendation
By Minute Motion, approve the recommended letter of Opposition for AB
1993 (Ma)
Committee Recommendation
On April 27, 2012, the Palm Desert Legislative Review Committee recommended that
the City Council approve a letter of opposition for AB 1993 (Ma).
Background
Existing law authorizes a peace officer to impound for 30 days a vehicle driven by a
person who had never been issued a driver's license. Existing law subjects to forfeiture,
and requires the impoundment of, a vehicle driven by an unlicensed driver who is a
registered owner of the vehicle and who has a previous misdemeanor conviction of
operating a vehicle without a driver's license.
AB 1993 (Ma) would prohibit a peace officer from towing and impounding, or causing
the towing and impoundment of, a vehicle driven by a person who does not have a valid
driver's license, as specified, if the vehicle is, or could be, legally parked at a location
near the scene of the traffic stop or if control of the vehicle is, or could be, relinquished
to a licensed driver. If a licensed driver is not present at the time of the traffic stop, the
bill would require the peace officer to inform the driver that the vehicle will not be towed
and impounded if a licensed driver can retrieve the vehicle within a reasonable amount
of time of the traffic stop.
The bill would require a peace officer to obtain the approval of a supervisory officer
before the towing and impoundment of a vehicle subject to these provisions. By
requiring a higher level of service by a local law enforcement agency, this bill would
impose a state -mandated local program.
AB 1993: Opposition Letter
May 10, 2012
Page 2 of 2
The penalty for driving without a license is warranted in order to protect Californians
from the harm caused by unlicensed drivers. Staff has other concerns with this
proposed legislation as municipalities can be sued if there is no impound and a car
subsequently is driven and causes damage, or is damaged after the traffic stop.
Opponents of this bill have also expressed concerns that driving without a license
means that the driver is also driving without insurance, a practice that the state has
identified as dangerous for other motorists, pedestrians and any individuals that may
accompany the unlicensed driver. Opponents also note that existing law already
provides various exemptions for unlicensed drivers and that this bill simply moves
California one step closer to condoning vehicle operation without a valid license. Staff
and the City's Police Department support and recommend opposition of this bill.
Fiscal Analysis
The City does collect revenue from impounded vehicles through the Vehicle Impound
Cost Recovery (VICR) policy currently in place. This bill would reduce the fees collected
for vehicles that would be impounded as a result of an unlicensed driver.
Submitted By:
Stephen f. Aryah f Risk
Approval:
MX
PaurS. Gibson, Director of Finance
JohnU. Wohlmuth, City Manager
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CITY COUNCIL ACTION
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Original on File with City Clerk's Office
Bill Text - AB-1993 Vehicles: towing and impoundment: unlicensed drivers. Page 9 of 13
(2) (A) The control of the vehicle is relinquished to a person in possession of a valid driver's license who is with
the driver at the time of the traffic stop or who can appear at the scene of the traffic stop within a reasonable
amount of time of the traffic stop.
(B) If a licensed driver is not present at the time of the traffic stop, the peace officer shall inform the driver of
the vehicle that the vehicle will not be towed and impounded if a licensed driver can retrieve the vehicle within
a reasonable amount of time after the traffic stop.
(C) The peace officer, in his or her discretion, may allow a licensed driver who appears after a reasonable time
period to retrieve the vehicle if the vehicle has not been towed into a lane of traffic by an authorized towing
company.
(D) If the driver of the vehicle does not have any means of communication to contact a licensed driver to
retrieve the vehicle, the peace officer, in his or her discretion and subject to available resources, may assist the
driver in contacting the licensed driver.
(E) Prior to assuming control over the vehicle, the licensed driver shall provide evidence of financial
responsibility as required pursuant to Section 16020.
(F) Prior to the relinquishing control of a vehicle, the registered owner of the vehicle shall authorize the licensed
driver to operate the vehicle or, if the registered owner is unavailable and the vehicle is not reported stolen, the
driver of the vehicle shall authorize the licensed driver to operate the vehicle and shall sign an agreement to
hold harmless the peace officer and his or her employer. The peace officer and his or her employer shall not be
liable for any harm or damage resulting from the operation of the vehicle by the licensed driver.
(b) (1) Prior to the towing and impoundment of a vehicle driven by a person who has never been issued a
driver's license, the peace officer shall obtain approval from a supervisory officer.
(2) The peace officer shall include in the incident report the reasons for, and the name of the supervisory officer
who approved, the towing and impoundment.
(c) A vehicle driven by a person who has never been issued a driver's license, which is impounded, shall be
released pursuant to subdivision (p) of Section 22651.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
JLGITG1TfJCCCipl1 LLOJS of the PCTiILICCode ISamended CVITO!LZQJ S:
and regulations, Of a elty, eftnty, OF jWiSdiOen of a state ageigey in which a vehiele 69 leeated, may remove a
A peaee effieer, as defined in GhapteF 4.5 (congmeneing with Seetion 830) ef Title 3 of PaFt 2 ef the Penal Code-,
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Bill Text - AB-1993 Vehicles: towing and impoundment: unlicensed drivers. Page 1 of 13
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ll�'1" LEGISLATIVE INFORMATION
AS-1993 Vehicles: towing and impoundment: unlicensed drivers. (2011-2012)
ASSEMBLY BILL
CORRECTED APRIL 26, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
CALIFORNIA LEGISLATURE— 2011-2012 REGULAR SESSION
Introduced by Assembly Member Ma
February 23, 2012
No. 1993
. An act to
amend Sections 14602.6 and 14607.6 of, and to add Section 22651.10 to, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1993, as amended, Ma. Vehieles. Ferneaal Fwa+tiple—a+e+atiens. Vehicles: towing and impoundment:
unlicensed drivers.
(1) Existing law authorizes a peace officer to impound for 30 days a vehicle driven by a person who had never
been issued a driver's license. Existing law subjects to forfeiture, and requires the impoundment of, a vehicle
driven by an unlicensed driver who is a registered owner of the vehicle and who has a previous misdemeanor
conviction of operating a vehicle without a driver's license.
This bill would prohibit a peace officer from towing and impounding, or causing the towing and impoundment of,
a vehicle driven by a person who does not have a valid driver's license, as specified, if the vehicle is, or could
be, legally parked at a location near the scene of the traffic stop or if control of the vehicle is, or could be,
relinquished to a licensed driver. If a licensed driver is not present at the time of the traffic stop, the bill would
require the peace officer to inform the driver that the vehicle will not be towed and impounded if a licensed
driver can retrieve the vehicle within a reasonable amount of time of the traffic stop. The bill would require a
peace officer to obtain the approval of a supervisory officer before the towing and impoundment of a vehicle
subject to these provisions. By requiring a higher level of service by a local law enforcement agency, this bill
would impose a state -mandated local program. The bill would require the release of the impounded vehicle
upon the presentation of the registered owner's, or his or her agent's, currently valid driver's license and proof
of current vehicle registration, or upon order of a court.
This bill would also make conforming changes.
(2) 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.
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Bill Text - AB-1993 Vehicles: towing and impoundment: unlicensed drivers. Page 2 of 13
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs
mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
not i-spend within a speeified t fne peFied er if the FegisteFed ewneF ef the veh ele 9 knewn te have been issued
der identity.
This bill weuld spee fy that the ey Elemee ef identity fflay ii9elude a n9aticieula eansular, passpeFt, biFth eeltifieate-i
Vote: majority Appropriation: no Fiscal Committee: aeyes Local Program: +3eyes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14602.6 of the Vehicle Code is amended to read:
14602.6. (a) (1) Whenever a peace officer determines that a person was driving a vehicle while his or her driving
privilege was suspended or revoked, or driving a vehicle while his or her driving privilege is restricted pursuant
to Section 13352 or 23575 and the vehicle is not equipped with a functioning, certified interlock device,
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.
(2) 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. The impounding agency shall maintain a published telephone number
that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a registered
owner to request a hearing. The law enforcement agency shall be open to issue a release to the registered
owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular,
nonemergency business.
(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 days' 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.
(D) When the vehicle was seized under this section for an offense that does not authorize the seizure of the
vehicle.
(E) When the driver reinstates his or her driver's license or acquires a driver's license and proper insurance
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Bill Text - AB-1993 Vehicles: towing and impoundment: unlicensed drivers. Page 3 of 13
(2) rdv A vehicle shall not be released pursuant to this subdivision without 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 days' 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) (A) The legal owner or the legal owner's agent pays all towing and storage fees related to the seizure of the
vehicle.-N-, A lien sale processing -fees fee shall not be charged to the legal owner who redeems the vehicle prior
to the 15th day of impoundment. Neither the impounding authority nor -a y a person having possession of the
vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owner's agent any
administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a
poststorage hearing.
(B) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall
accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered
owner or the owner's agent claiming the vehicle. A credit card shall be in the name of the person presenting the
card. "Credit card" means "credit card" as defined in subdivision (a) of Section 1747.02 of the Civil Code,
except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C) A person operating or in charge of a storage facility described in subparagraph (B) who violates
subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for
four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient
funds on the premises of the primary storage facility during normal business hours to accommodate, and make
change in, a reasonable monetary transaction.
(E) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law
enforcement agencies may include the costs of providing for payment by credit when making agreements with
towing companies on rates.
(3) The legal owner or the legal owner's agent presents a copy of the assignment, as defined in subdivision (b)
of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental
agency, only if required by the agency; a government -issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's agent: a certificate of repossession for the
vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding agency, or any other governmental
agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The
law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the
agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or
registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and
Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or
any person acting on behalf of those agencies, that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal
owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily
requests a poststorage hearing. Ne A city, county, city and county, or state agency shall not require a legal
owner or a legal owner's agent to request a poststorage hearing as a requirement for release of the vehicle to
the legal owner or the legal owner's agent, The law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those agencies, shall not require any documents other
than those specified in this paragraph. The law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be
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notarized. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is
required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may
photocopy and retain the copies of any documents presented by the legal owner or legal owner's agent.
(4) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not
affect the right of the legal owner or the legal owner's agent to retrieve the vehicle, provided all conditions
required of the legal owner or legal owner's agent under this subdivision are satisfied.
(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 owner of the vehicle, or the person who was listed as the
registered owner when the vehicle was impounded, 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 or the
person who was listed as the registered owner when the vehicle was impounded 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 or the person in possession of the
vehicle shall make every reasonable effort to ensure that the license presented is valid and possession of the
vehicle will not be given to the driver who was involved in the original impoundment proceeding until the
expiration of the impoundment period.
(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.
(4) Any A legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the
person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in
violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two
thousand dollars ($2,000) in addition to any other penalties established by law.
(5) The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to
change the name of the legal owner or the registered owner on the records of the department until the vehicle
is released from the impoundment.
(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 may 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.
(j) The law enforcement agency and the impounding agency, including any storage facility acting on behalf of
the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the
registered owner for the improper release of the vehicle to the legal owner or the legal owner's agent provided
the release complies with the provisions of this section. The legal owner shall indemnify and hold harmless a
storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner's
agent and from any damage to the vehicle after its release, including the reasonable costs associated with
defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the
agent of a legal owner on the grounds that it previously issued a release.
SEC. 2. Section 14607.6 of the Vehicle Code is amended to read:
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14607.6. (a) Notwithstanding any other-previsie+f-e€ law, and except as provided in this section, a motor vehicle
is subject to forfeiture as a nuisance if it is driven on a highway in this state by a driver with a suspended or
revoked license, , who is a registered owner of the vehicle at the time of
impoundment and has a previous misdemeanor conviction for a violation of subdivision (a) of Section 12500 or
Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5.
(b) A peace officer shall not stop a vehicle for the sole reason of determining whether the driver is properly
licensed.
(c) (1) If a driver is unable to produce a valid driver's license on the demand of a peace officer enforcing the
provisions of this code, as required by subdivision (b) of Section 12951, the vehicle shall be impounded
regardless of ownership, unless the peace officer is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer shall attempt to verify the license status of a
driver who claims to be properly licensed but is unable to produce the license on demand of the peace officer.
.ra.
wA
(2) A peace officer may exercise discretion in a situation w iefe in which the driver without a valid license is an
employee driving a vehicle registered to the employer in the course of employment. A peace officer may also
exercise discretion in a situation in which the driver without a valid license is the employee of a bona fide
business establishment or is a person otherwise controlled by sueh aig that establishment and it reasonably
appears that an owner of the vehicle, or an agent of the owner, relinquished possession of the vehicle to the
business establishment solely for servicing or parking of the vehicle or other reasonably similar situations, and
where if the vehicle was not to be driven except as directly necessary to accomplish that business purpose. In
this event, if the vehicle can be returned to or be retrieved by the business establishment or registered owner,
the peace officer may release and not impound the vehicle.
(4) A registered or legal owner of record at the time of impoundment may request a hearing to determine the
validity of the impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this subdivision was not a registered owner of the vehicle at
the time of impoundment, or if the driver of the vehicle was a registered owner of the vehicle at the time of
impoundment but the driver does not have a previous conviction for a violation of subdivision (a) of Section
12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5, the vehicle shall be released
pursuant to this code and is not subject to forfeiture.
(d) (1) This subdivision applies only if the driver of the vehicle is a registered owner of the vehicle at the time of
impoundment. Except as provided in paragraph (5) of subdivision (c), if the driver of a vehicle impounded
pursuant to subdivision (c) was a registered owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days of impoundment, the driver of the vehicle at
the time of impoundment presents his or her valid driver's license, including a valid temporary California
driver's license or permit, to the impounding agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner authorized in writing, upon payment of towing
and storage charges related to the impoundment, and any administrative charges authorized by Section
22850.5,E if the person claiming the vehicle is properly licensed and the vehicle is properly
registered. A vehicle impounded pursuant to the circumstances described in paragraph (3) of subdivision (c)
shall be released to a registered owner whether or not the driver of the vehicle at the time of impoundment
presents a valid driver's license.
(2) If there is a community property interest in the vehicle impounded pursuant to subdivision (c), owned at the
time of impoundment by a person other than the driver, and the vehicle is the only vehicle available to the
driver's immediate family that may be operated with a class C driver's license, the vehicle shall be released to a
registered owner or to the community property interest owner upon compliance with all of the following
requirements:
(A) The registered owner or the community property interest owner requests release of the vehicle and the
owner of the community property interest submits proof of that interest.
(B) The registered owner or the community property interest owner submits proof that he or she, or an
authorized driver, is properly licensed and that the impounded vehicle is properly registered pursuant to this
code.
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(C) All towing and storage charges related to the impoundment and any administrative charges authorized
pursuant to Section 22850.5 are paid.
(D) The registered owner or the community property interest owner signs a stipulated vehicle release
agreement, as described in paragraph (3), in consideration for the nonforfeiture of the vehicle. This requirement
applies only if the driver requests release of the vehicle.
(3) A stipulated vehicle release agreement shall provide for the consent of the signator to the automatic future
forfeiture and transfer of title to the state of any vehicle registered to that person, if the vehicle is driven by a
driver with a suspended or revoked license, or by an unlicensed driver. The agreement shall be in effect for only
as long as it is noted on a driving record maintained by the department pursuant to Section 1806.1.
(4) The stipulated vehicle release agreement described in paragraph (3) shall be reported by the impounding
agency to the department not later than 10 days after the day the agreement is signed.
(5) No vehicle shall be released pursuant to paragraph (2) if the driving record of a registered owner indicates
that a prior stipulated vehicle release agreement was signed by that person.
(e) (1) The impounding agency, in the case of a vehicle that has not been redeemed pursuant to subdivision
(d), or that has not been otherwise released, shall promptly ascertain from the department the names and
addresses of all legal and registered owners of the vehicle.
(2) The impounding agency, within two days of impoundment, shall send a notice by certified mail, return
receipt requested, to all legal and registered owners of the vehicle, at the addresses obtained from the
department, informing them that the vehicle is subject to forfeiture and will be sold or otherwise disposed of
pursuant to this section. The notice shall also include instructions for filing a claim with the district attorney, and
the time limits for filing a claim. The notice shall also inform any legal owner of its right to conduct the sale
pursuant to subdivision (g). If a registered owner was personally served at the time of impoundment with a
notice containing all the information required to be provided by this paragraph, no further notice is required to
be sent to a registered owner. However, a notice shall still be sent to the legal owners of the vehicle, if any. If
notice was not sent to the legal owner within two working days, the impounding agency shall not charge the
legal owner for more than 15-days' impoundment when the legal owner redeems the impounded vehicle.
(3) No processing charges shall be imposed on a legal owner who redeems an impounded vehicle within 15
days of the impoundment of that vehicle. If no claims are filed and served within 15 days after the mailing of
the notice in paragraph (2), or if no claims are filed and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required pursuant to paragraph (2), the district
attorney shall prepare a written declaration of forfeiture of the vehicle to the state. A written declaration of
forfeiture signed by the district attorney under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle. A copy of the declaration shall be provided on request to any person informed of
the pending forfeiture pursuant to paragraph (2). A claim that is filed and is later withdrawn by the claimant
shall be deemed not to have been filed.
(4) If a claim is timely filed and served, then the district attorney shall file a petition of forfeiture with the
appropriate juvenile or superior court within 10 days of the receipt of the claim. The district attorney shall
establish an expedited hearing date in accordance with instructions from the court, and the court shall hear the
matter without delay. The court filing fee of one hundred dollars ($100) shall be paid by the claimant, but shall
be reimbursed by the impounding agency if the claimant prevails. To the extent practicable, the civil and
criminal cases shall be heard at the same time in an expedited, consolidated proceeding. A proceeding in the
civil case is a limited civil case.
(5) The burden of proof in the civil case shall be on the prosecuting agency, by a preponderance of the
evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an
ordinary civil action. A judgment of forfeiture does not require as a condition precedent the conviction of a
defendant of an offense which made the vehicle subject to forfeiture. The filing of a claim within the time limits
specified in paragraph (3) is considered a jurisdictional prerequisite for the availing of the action authorized by
that paragraph.
(6) All right, title, and interest in the vehicle shall vest in the state upon commission of the act giving rise to the
forfeiture.
(7) The filing fee in paragraph (4) shall be distributed as follows:
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Bill Text - AB-1993 Vehicles: towing and impoundment: unlicensed drivers. Page 7 of 13
(A) To the county law library fund as provided in Section 6320 of the Business and Professions Code, the
amount specified in Sections 6321 and 6322.1 of the Business and Professions Code.
(B) To the Trial Court Trust Fund, the remainder of the fee.
(f) Any --A vehicle impounded that is not redeemed pursuant to subdivision (d) and is subsequently forfeited
pursuant to this section shall be sold once an order of forfeiture is issued by the district attorney of the county
of the impounding agency or a court, as the case may be, pursuant to subdivision (e).
(g) Afty—A legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other
licensed financial institution legally operating in this state, or the agent of that legal owner, may take
possession and conduct the sale of the forfeited vehicle if the legal owner or agent notifies the agency
impounding the vehicle of its intent to conduct the sale within 15 days of the mailing of the notice pursuant to
subdivision (e). Sale of the vehicle after forfeiture pursuant to this subdivision may be conducted at the time, in
the manner, and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds
of any sale conducted by or on behalf of the legal owner shall be disposed of as provided in subdivision (i). A
notice pursuant to this subdivision may be presented in person, by certified mail, by facsimile transmission, or
by electronic mail.
(h) If the legal owner or agent of the owner does not notify the agency impounding the vehicle of its intent to
conduct the sale as provided in subdivision (g), the agency shall offer the forfeited vehicle for sale at public
auction within 60 days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to
subdivision (k).
(i) The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:
(1) To satisfy the towing and storage costs following impoundment, the costs of providing notice pursuant to
subdivision (e), the costs of sale, and the unfunded costs of judicial proceedings, if any.
(2) To the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the
date of sale, including accrued interest or finance charges and delinquency charges, providing that the principal
indebtedness was incurred prior to the date of impoundment.
(3) To the holder of-eny a subordinate lien or encumbrance on the vehicle, other than a registered or legal
owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of
the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to
this paragraph.
(4) To any ether another person, other than a registered or legal owner, who can reasonably establish an
interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if
written notification is received before distribution of the proceeds is completed.
(5) Of the remaining proceeds, funds shall be made available to pay any local agency and court costs, that are
reasonably related to the implementation of this section, that remain unsatisfied.
(6) Of the remaining proceeds, half shall be transferred to the Controller for deposit in the Vehicle Inspection
and Repair Fund for the high -polluter repair assistance and removal program created by Article 9 (commencing
with Section 44090) of Chapter 5 of Part 5 of Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the impounding agency, or the city or county where the
impoundment occurred. A portion of the local funds may be used to establish a reward fund for persons coming
forward with information leading to the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
0) The person conducting the sale shall disburse the proceeds of the sale as provided in subdivision (i) and
shall provide a written accounting regarding the disposition to the impounding agency and, on request, to any
person entitled to or claiming a share of the proceeds, within 15 days after the sale is conducted.
(k) If the vehicle to be sold pursuant to this section is not of the type that can readily be sold to the public
generally, the vehicle shall be conveyed to a licensed dismantler or donated to an eleemosynary institution.
License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this subdivision.
(1) Ne-A vehicle shall not be sold pursuant to this section if the impounding agency determines the vehicle to
have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after
impoundment, providing the vehicle registration is current and the registered owner has no outstanding traffic
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Bill Text - AB-1993 Vehicles: towing and impoundment: unlicensed drivers. Page 8 of 13
violations or parking penalties on his or her driving record or on the registration record of any vehicle registered
to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained,
the vehicle may be sold.
(m) Afe —An owner of a vehicle who suffers any loss due to the impoundment or forfeiture of any vehicle
pursuant to this section may recover the amount of the loss from the unlicensed, suspended, or revoked driver.
If possession of a vehicle has been tendered to a business establishment in good faith, and an unlicensed driver
employed or otherwise directed by the business establishment is the cause of the impoundment of the vehicle,
a registered owner of the impounded vehicle may recover damages for the loss of use of the vehicle from the
business establishment.
(n) (1) The impounding agency, if requested to do so not later than 10 days after the date the vehicle was
impounded, shall provide the opportunity for a poststorage hearing to determine the validity of the storage to
the persons who were the registered and legal owners of the vehicle at the time of impoundment, except that
the hearing shall be requested within three days after the date the vehicle was impounded if personal service
was provided to a registered owner pursuant to paragraph (2) of subdivision (e) and no mailed notice is
required.
(2) The poststorage hearing shall be conducted not later than two days after the date it was requested. The
impounding agency may authorize its own officer or employee to conduct the hearing if the hearing officer is
not the same person who directed the storage of the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a scheduled hearing shall satisfy the poststorage
hearing requirement.
(3) The agency employing the person who directed the storage is responsible for the costs incurred for towing
and storage if it is determined that the driver at the time of impoundment had a valid driver's license.
(o) As used in this section, "days" means workdays not including weekends and holidays.
(p) Charges for towing and storage for any vehicle impounded pursuant to this section shall not exceed the
normal towing and storage rates for other vehicle towing and storage conducted by the impounding agency in
the normal course of business.
(q) The Judicial Council and the Department of Justice may prescribe standard forms and procedures for
implementation of this section to be used by all jurisdictions throughout the state.
(r) The impounding agency may act as the agent of the state in carrying out this section.
(s) 49-A vehicle shall not be impounded pursuant to this section if the driver has a valid license but the license
is for a class of vehicle other than the vehicle operated by the driver.
(t) This section does not apply to vehicles subject to Sections 14608 and 14609, if there has been compliance
with the procedures in those sections.
(u) As used in this section, "district attorney" includes a city attorney charged with the duty of prosecuting
misdemeanor offenses.
(v) The agent of a legal owner acting pursuant to subdivision (g) shall be licensed, or exempt from licensure,
pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.
SEC. 3. Section 22651.10 is added to the Vehicle Code, to read:
22661.10. (a) Except for a vehicle driven by a driver with a revoked or suspended driver's license, a peace officer
shall not, pursuant to subdivision (p) of Section 22651 or any other provision of this Code, tow and impound, or
cause the towing and impoundment of, a vehicle driven by a person who does not have a valid driver's license
under either of the following circumstances:
(1) The vehicle is legally parked at the scene of the traffic stop or can be moved to a readily available location
near the scene of the traffic stop where the vehicle can be legally parked, and the driver signed an agreement
releasing and indemnifying the peace officer and his or her employer from any harm or damage resulting from
the implementation of this paragraph. The peace officer or his or her employer shall not be liable for any harm
or damage resulting from the implementation of this paragraph.
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