BILL NUMBER: SB 1489	CHAPTERED
	BILL TEXT

	CHAPTER  411
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2002
	PASSED THE SENATE  AUGUST 21, 2002
	PASSED THE ASSEMBLY  AUGUST 19, 2002
	AMENDED IN ASSEMBLY  JUNE 28, 2002
	AMENDED IN SENATE  APRIL 24, 2002
	AMENDED IN SENATE  APRIL 1, 2002

INTRODUCED BY   Senator Perata
   (Coauthors:  Assembly Members Chan, Longville, and Reyes)

                        FEBRUARY 19, 2002

   An act to amend, repeal, and add Section 23109.2 of the Vehicle
Code, relating to speeding, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1489, Perata.  Vehicles: speed contests and reckless driving.
   Existing law allows a peace officer to arrest and take into
custody any person that a peace officer determines was engaged in a
motor vehicle speed contest and permits the peace officer to cause
the removal and seizure of the motor vehicle used in the contest in
accordance with specified statutory procedures.  A vehicle impounded
under these provisions is required to be impounded for 30 days, with
specified exceptions.  Existing law permits the release of the motor
vehicle prior to the end of the impoundment period in specified
circumstances.  Existing law makes the registered owner or his or her
agent responsible for, among other things, all towing and storage
charges related to the impoundment and any authorized administrative
charges.
   This bill, the U'Kendra K. Johnson Memorial Act, would extend
these provisions to those persons engaged in reckless driving on a
highway, reckless driving in an offstreet parking facility, or an
exhibition of speed on a highway.  It would require the impounding
agency to release the vehicle to the registered owner prior to the
conclusion of the impoundment period if the registered owner was
neither the driver nor a passenger in the vehicle at the time of the
alleged violation, or was unaware that the vehicle was being used to
engage in the prohibited activities.  The bill would specify that
these changes are effective until January 1, 2007.
   The bill would declare that it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  This act shall be known and may be cited as the U'
Kendra K. Johnson Memorial Act.
  SEC. 2.  Section 23109.2 of the Vehicle Code is amended to read:
   23109.2.  (a) (1) Whenever a peace officer determines that a
person was engaged in any of the activities set forth in paragraph
(2), the peace officer may immediately arrest and take into custody
that person and may cause the removal and seizure of the motor
vehicle used in that contest in accordance with Chapter 10
(commencing with Section 22650).  A motor vehicle so seized may be
impounded for not more than 30 days.
   (2) (A) A motor vehicle speed contest, as described in subdivision
(a) of Section 23109.
   (B) Reckless driving on a highway, as described in subdivision (a)
of Section 23103.
   (C) Reckless driving in any offstreet parking facility, as
described in subdivision (b) of Section 23103.
   (D) Exhibition of speed on a highway, as described in subdivision
(c) of Section 23109.
   (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
the storage in accordance with Section 22852.
   (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650)
or any other provision of law, an impounding agency shall release a
motor vehicle to the registered owner or his or her agent prior to
the conclusion of the impoundment period described in subdivision (a)
under any of the following circumstances:
   (A) If the vehicle is a stolen vehicle.
   (B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
   (C) If the registered owner of the vehicle was neither the driver
nor a passenger of the vehicle at the time of the alleged violation
pursuant to subdivision (a), or was unaware that the driver was using
the vehicle to engage in any of the activities described in
subdivision (a).
   (D) If the legal owner or registered owner of the vehicle is a
rental car agency.
   (E) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
   (2) A vehicle shall be released pursuant to this subdivision only
if the registered owner or his or her agent presents a currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or if ordered by a court.
   (3) If, pursuant to subparagraph (D) of paragraph (1) a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with a violation of subdivision
(a) of Section 23109 nor the registered owner of the motor vehicle is
responsible for towing and storage charges nor shall the motor
vehicle be sold to satisfy those charges.
   (d) A vehicle seized and removed under subdivision (a) shall be
released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of 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) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle.  No lien
sale processing fees shall be charged to a legal owner who redeems
the vehicle on or before the 15th day of impoundment.
   (3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
   (e) (1) 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.
   (2) Notwithstanding paragraph (1), if the person convicted of
engaging in the activities set forth in paragraph (2) of subdivision
(a) was not authorized by the registered owner of the motor vehicle
to operate the motor vehicle at the time of the commission of the
offense, the court shall order the convicted person to reimburse the
registered owner for any towing and storage charges related to the
impoundment, and any administrative charges authorized under Section
22850.5 incurred by the registered owner to obtain possession of the
vehicle, unless the court finds that the person convicted does not
have the ability to pay all or part of those charges.
   (3) If the vehicle is a rental vehicle, 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 possession of the
vehicle.
   (4) The owner shall not be liable for any towing and storage
charges related to the impoundment if acquittal or dismissal occurs.

   (5) The vehicle shall not be sold prior to the defendant's
conviction.
   (6) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (c) of Section 23109.2.
Notwithstanding this provision, nothing shall prohibit impounding
agencies from making prior payment arrangements to satisfy this
requirement.
   (f) 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 (h) of Section 23109.
   (g) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 3.  Section 23109.2 is added to the Vehicle Code, to read:
   23109.2.  (a) Whenever a peace officer determines that a person
was engaged in a motor vehicle speed contest, as described in
subdivision (a) of Section 23109, the peace officer may immediately
arrest and take into custody that person and may cause the removal
and seizure of the motor vehicle used in that contest in accordance
with Chapter 10 (commencing with Section 22650).  A motor vehicle so
seized may be impounded for not more than 30 days.
   (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
the storage in accordance with Section 22852.
   (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650)
or any other provision of law, an impounding agency shall release a
motor vehicle to the registered owner or his or her agent prior to
the conclusion of the impoundment period described in subdivision (a)
under any of the following circumstances:
   (A) If the vehicle is a stolen vehicle.
   (B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
   (C) If the legal owner or registered owner of the vehicle is a
rental car agency.
   (D) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
   (2) A vehicle shall be released pursuant to this subdivision only
if the registered owner or his or her agent presents a currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or if ordered by a court.
   (3) If, pursuant to subparagraph (D) of paragraph (1) a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with a violation of subdivision
(a) of Section 23109 nor the registered owner of the motor vehicle is
responsible for towing and storage charges nor shall the motor
vehicle be sold to satisfy those charges.
   (d) A vehicle seized and removed under subdivision (a) shall be
released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of 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) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle.  No lien
sale processing fees shall be charged to a legal owner who redeems
the vehicle on or before the 15th day of impoundment.
   (3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
   (e) (1) 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.
   (2) Notwithstanding paragraph (1), if the person convicted of
engaging in a motor vehicle speed contest was not authorized by the
registered owner of the motor vehicle to operate the motor vehicle at
the time of the commission of the offense, the court shall order the
convicted person to reimburse the registered owner for any towing
and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5 incurred by
the registered owner to obtain possession of the vehicle, unless the
court finds that the person convicted does not have the ability to
pay all or part of those charges.
   (3) If the vehicle is a rental vehicle, 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 possession of the
vehicle.
   (4) The owner shall not be liable for any towing and storage
charges related to the impoundment if acquittal or dismissal occurs.

   (5) The vehicle shall not be sold prior to the defendant's
conviction.
   (6) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (c) of Section 23109.2.
Notwithstanding this provision, nothing shall prohibit impounding
agencies from making prior payment arrangements to satisfy this
requirement.
   (f) 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 (h) of Section 23109.
   (g) This section shall become operative on January 1, 2007.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Within the last two years, three deaths have occurred in one
county alone as a result of persons engaged in reckless driving.
Therefore, to ensure public safety, it is necessary for this act to
take effect immediately.