Bill Text: CA AB353 | 2011-2012 | Regular Session | Enrolled

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

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Bill Title: Vehicles: checkpoints.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 653, Statutes of 2011. [AB353 Detail]

Download: California-2011-AB353-Enrolled.html

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BILL NUMBER: AB 353	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 22, 2011
	AMENDED IN SENATE  JUNE 16, 2011

INTRODUCED BY   Assembly Members Cedillo and Allen

                        FEBRUARY 10, 2011

   An act to amend Section 2814.1 of, and to add Sections 2814.2 and
14602 to, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 353, Cedillo. Vehicles: checkpoints.
   (1) Existing law authorizes the board of supervisors of a county
to establish, by ordinance, a combined vehicle inspection and
sobriety checkpoint program to check for violations of motor vehicle
exhaust standards and driving-under-the-influence (DUI) offenses.
   Existing law authorizes a peace officer, whenever the peace
officer determines, among other things, that a person was driving a
vehicle without ever having been issued a driver's license, to
immediately arrest that person and cause the removal and seizure of
his or her vehicle for an impoundment period of 30 days, or, if the
person is currently without a valid driver's license, to remove the
vehicle for a shorter period of time upon issuance of a notice to
appear if the registered owner or the registered owner's agent
presents a currently valid driver's license and proof of current
vehicle registration, or upon order of the court.
   This bill would require the driver of a motor vehicle to stop and
submit to a sobriety checkpoint inspection conducted by a law
enforcement agency when signs and displays are posted requiring that
stop.
   The bill would, notwithstanding other provisions of law, require
that a peace officer or any other authorized person not cause the
impoundment of a vehicle at a sobriety checkpoint, established
pursuant to these provisions or any other law, if the driver's only
offense is, among other offenses, the failure to hold a valid driver'
s license. The bill would require, during the conduct of a sobriety
checkpoint, a law enforcement officer to make a reasonable attempt to
identify the registered owner of the vehicle in order to release the
vehicle to the registered owner if he or she is a licensed driver or
to a licensed driver authorized by the registered owner. The bill
would require that if a notice to appear is issued, the name and
driver's license number of the licensed driver to whom the vehicle
was released be listed on the officer's copy of the notice to appear
issued to the unlicensed driver and would require if a vehicle cannot
be released, that the vehicle be removed, as specified.
   (2) Existing law authorizes a peace officer to either immediately
arrest a person and cause the removal and seizure of the vehicle he
or she was operating 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, if the peace officer determines
that the person was driving the vehicle while his or her driving
privilege was suspended or revoked or without having been issued a
license.
   Existing law subjects a vehicle to forfeiture as a nuisance if it
is driven on a highway by a driver with a suspended or revoked
license, or by an unlicensed driver, as specified. Existing law
requires a vehicle to be impounded for at least 30 days if its driver
is unable to produce a valid driver's license, except as specified.
   The bill would require a vehicle removed pursuant to the
provisions of the bill to be released to the registered owner of the
vehicle, or the registered owner's agent, as specified, upon a
showing of proof of a currently valid driver's license and vehicle
registration.
   Because this bill would expand the duties of local law enforcement
officials and the scope of an existing DUI checkpoint program, this
bill would impose a state-mandated local program. Because the failure
to comply with these provisions would constitute an infraction under
the Vehicle Code, the bill would also impose a state-mandated local
program, by creating a new crime.
   (3) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2814.1 of the Vehicle Code is amended to read:
   2814.1.  (a) A board of supervisors of a county may, by ordinance,
establish, on highways under its jurisdiction, a vehicle inspection
checkpoint program to check for violations of Sections 27153 and
27153.5. The program shall be conducted by the local agency or
department with the primary responsibility for traffic law
enforcement.
   (b) A driver of a motor vehicle shall stop and submit to an
inspection conducted under subdivision (a) when signs and displays
are posted requiring that stop.
   (c) A county that elects to conduct the program described under
subdivision (a) may fund that program through fine proceeds deposited
with the county under Section 1463.15 of the Penal Code.
  SEC. 2.  Section 2814.2 is added to the Vehicle Code, to read:
   2814.2.  (a) A driver of a motor vehicle shall stop and submit to
a sobriety checkpoint inspection conducted by a law enforcement
agency when signs and displays are posted requiring that stop.
   (b) Notwithstanding Section 14602.6 or 14607.6, a peace officer or
any other authorized person shall not cause the impoundment of a
vehicle at a sobriety checkpoint if the driver's only offense is a
violation of Section 12500.
    (c) During the conduct of a sobriety checkpoint, if the law
enforcement officer encounters a driver who is in violation of
Section 12500, the law enforcement officer shall make a reasonable
attempt to identify the registered owner of the vehicle. If the
registered owner is present, or the officer is able to identify the
registered owner and obtain the registered owner's authorization to
release the motor vehicle to a licensed driver by the end of the
checkpoint, the vehicle shall be released to either the registered
owner of the vehicle if he or she is a licensed driver or to the
licensed driver authorized by the registered owner of the vehicle. If
a notice to appear is issued, the name and driver's license number
of the licensed driver to whom the vehicle was released pursuant to
this subdivision shall be listed on the officer's copy of the notice
to appear issued to the unlicensed driver. When a vehicle cannot be
released, the vehicle shall be removed pursuant to subdivision (p) of
Section 22651, whether a notice to appear has been issued or not.
  SEC. 3.  Section 14602 is added to the Vehicle Code, to read:
   14602.  In accordance with subdivision (p) of Section 22651, a
vehicle removed pursuant to subdivision (c) of Section 2814.2 shall
be released to the registered owner or his or her agent at any time
the facility to which the vehicle has been removed is open upon
presentation of the registered owner's or his or her agent's
currently valid driver's license to operate the vehicle and proof of
current vehicle registration.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.