Bill Text: CA AB335 | 2013-2014 | Regular Session | Amended
Bill Title: Vehicles: impoundment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB335 Detail]
Download: California-2013-AB335-Amended.html
BILL NUMBER: AB 335 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Brown
FEBRUARY 13, 2013
An act to amend Section 14602.6 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 335, as amended, Brown. Vehicles: impoundment.
Existing law authorizes a peace officer who determines that a
person was driving a vehicle while his or her driving privilege was
suspended or revoked, driving in violation of a driver's license
restriction requiring that person to operate a vehicle that is
equipped with a functioning, certified ignition interlock device, or
driving a vehicle without ever having been issued a driver's license,
to 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. Existing law requires a
30-day impoundment period for seized vehicles, subject to exceptions
allowing earlier release.
This bill would prohibit a peace officer from impounding the
vehicle if the vehicle could be or is legally parked at a location
near the traffic stop, if control of the vehicle is relinquished to a
licensed driver who is present and authorized by the driver to take
the vehicle, or if a licensed driver retrieves the vehicle within a
reasonable time. The bill would also require the peace officer to
inform the driver that the vehicle will not be towed and impounded if
the vehicle could be or is legally parked at a location near the
traffic stop, if control of the vehicle is relinquished to a licensed
driver who is present and authorized by the driver to take the
vehicle, or if a licensed driver can retrieve the vehicle within a
reasonable amount of time.
By imposing additional duties on local law enforcement entities,
this bill would impose 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, 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.
This bill would instead require a seized vehicle to be impounded
for 15 days, subject to exceptions allowing earlier release. The bill
would make additional conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
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) Except as provided in paragraph (3), if
Whenever a peace officer determines that a
person was driving a vehicle while his or her driving privilege was
suspended or revoked, 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, or driving a vehicle without ever having been issued a driver'
s license, 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 that is
removed and seized under this paragraph shall be impounded for
30 15 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 7 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.
(3) A peace officer shall not impound a vehicle subject to
impoundment, pursuant to paragraph (1), if the vehicle could be or is
legally parked at a location near the traffic stop, if control of
the vehicle is relinquished to a licensed driver who is present and
authorized by the driver to take the vehicle, or if a licensed driver
retrieves the vehicle within a reasonable amount of time. The peace
officer shall inform the driver that the vehicle will not be towed
and impounded if the vehicle could be or is legally parked at a
location near the traffic stop, if control of the vehicle is
relinquished to a licensed driver who is present and authorized by
the driver to take the vehicle, or if a licensed driver can retrieve
the vehicle within a reasonable amount of time.
(b) The registered and legal owner of a vehicle that is removed
and seized under paragraph (1) of 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
15 days' impoundment under any of the following
circumstances:
(A) If the vehicle is a stolen vehicle.
(B) If 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) If 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) If the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) If the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) 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 paragraph (1) of
subdivision (a) shall be released to the legal owner of the vehicle
or the legal owner's agent prior to the end of 30
15 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. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 15th 7th day
of impoundment. Neither the impounding authority nor any 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.
The 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. 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 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 15 - 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 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 paragraph (1) of
subdivision (a) shall be released to a rental car agency prior to the
end of 30 15 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 those
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. 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.
