Bill Text: CA AB2807 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2807 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicles: sideshows and street takeovers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-23 - Chaptered by Secretary of State - Chapter 503, Statutes of 2024. [AB2807 Detail]

Download: California-2023-AB2807-Amended.html

Amended IN Assembly April 03, 2024

Amended IN Assembly March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2807

Introduced by Assembly Member Villapudua

February 15, 2024

An act to amend Section 23109 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2807, as amended, Villapudua. Vehicles: sideshows and street takeovers.

Existing law prohibits a person from engaging in a motor vehicle exhibition of speed on a highway or aiding or abetting in a motor vehicle exhibition of speed on ~~any~~ a highway. Upon conviction, existing law punishes a person by imprisonment in a county jail for not more than 90 days, by a fine of not more than $500, or by both that fine and imprisonment. Existing law, commencing July 1, 2025, authorizes the court to order the privilege to operate a motor vehicle suspended for 90 days to 6 months and restrict the person’s operation of a motor vehicle for the purposes of their employment if the violation occurred as part of a sideshow, as defined. Existing law requires the court to consider a person’s hardships, as specified, when deciding to either suspend or restrict a driver’s license. ~~The bill would require the Department of Motor Vehicles to suspend or restrict a driver’s license as ordered by the court.~~

This bill would authorize the court to increase the fine for a person who engages in, among other things, a motor vehicle speed contest or a sideshow by up to $1,000 if the person also committed other specified violations, including, among other offenses, false imprisonment or child endangerment. The bill would also clarify that a “sideshow” is also known as a “street takeover.” By imposing an additional requirement on local prosecutors, this bill would create a state-mandated local program.
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.
~~This bill would provide that no reimbursement is required by this act for a specified reason.~~
This bill would clarify that a “sideshow” is also known as a “street takeover.”

Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~YES~~NO Local Program: ~~YES~~NO

The people of the State of California do enact as follows:

SECTION 1.

Section 23109 of the Vehicle Code is amended to read:

23109.

(a) (1) A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility.

(2) As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.

(3) For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limits, is not a speed contest.

(b) A person shall not aid or abet in a motor vehicle speed contest on a highway or in an offstreet parking facility.

(c) A person shall not engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility.

(d) A person shall not, for the purpose of facilitating or aiding or as an incident to a motor vehicle speed contest or exhibition upon a highway or in an offstreet parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in an offstreet parking facility.

(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.

(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.

(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.

(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case.

(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).

(h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than ~~one~~ 1 day nor more than 30 days.

(i) (1) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.

(2) (A) (i) Commencing July 1, 2025, the court may order the privilege to operate a motor vehicle suspended for 90 days to six months for a person who violates subdivision (c), as provided in subparagraph (B) of paragraph (8) of subdivision (a) of Section 13352, only if the violation occurred as part of a sideshow.

(ii) For purposes of this section, “sideshow” is defined as an event in which two or more persons block or impede traffic on a highway or in an offstreet parking facility for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. A sideshow is also known as a street takeover.

(B) A person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.

(C) If the court is considering suspending or restricting the privilege to operate a motor vehicle pursuant to this paragraph, the court shall also consider whether a medical, personal, or family hardship exists that requires a person to have a driver’s license for such limited purpose as the court deems necessary to address the hardship. This subdivision does not interfere with the court’s power to grant probation in a suitable case.

(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.

(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.

(l)The court may increase the fine, or assess a fine if there is not already a fine, for a violation of a provision of this section by an amount not to exceed one thousand dollars ($1,000) for a person who, while violating this section, also violated one or more of the following sections:
~~(1)Section 69 of the Penal Code.~~
~~(2)Paragraph (1) of subdivision (a) of Section 148 of the Penal Code.~~
~~(3)Section 236 of the Penal Code.~~
~~(4)Section 272 of the Penal Code.~~
~~(5)Section 273a of the Penal Code.~~
~~(6)Section 404.6 of the Penal Code.~~
~~(7)Section 594 of the Penal Code.~~
~~(8)Section 25850 of the Penal Code.~~
~~(9)Section 23152 or 23153 of the Vehicle Code.~~
~~(m)~~

(l) For purposes of this section, “offstreet parking facility” has the same meaning as in subdivision (c) of Section 12500.

~~(n)~~

(m) This section shall be known and may be cited as the Louis Friend Memorial Act.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.