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<ns0:Id>20250AB__158898AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-15</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-16</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1588</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Stefani</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Stefani</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 14602.7 and 23109 of, and to add Section 23109.6 to, the Vehicle Code, relating to vehicles.</ns0:Title>
<ns0:RelatingClause>vehicles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Vehicles: Sideshow Accountability and Community Safety Act.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law prohibits a person from, among other things, engaging in, aiding, or abetting a
motor vehicle exhibition of speed on a highway or in an offstreet parking facility. A violation of
this provision is punishable as a
misdemeanor, as specified. Existing law, beginning on January 1, 2029, authorizes a court to suspend the privilege to operate a vehicle for 90 days to 6 months for a person who engages in, aids, or abets a motor vehicle exhibition of speed that occurred as part of a sideshow. For these purposes, existing law defines “sideshow” as an event in which 2 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.
</html:p>
<html:p>This bill would prohibit a person from engaging in, aiding, or abetting a sideshow and would make a violation of this provision a misdemeanor. The bill would revise the definition of sideshow to include the use or operation of any motor vehicle, including, but not limited to, motorcycles or off-highway motor vehicles, as specified, to barricade, block, impede, or otherwise obstruct traffic. For a person convicted of this provision who was driving a performing vehicle, as defined, the bill would make a first conviction punishable as a misdemeanor and a 2nd or subsequent conviction a misdemeanor or felony. By creating a new crime, the bill would create a state-mandated local program.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law authorizes a magistrate to issue a warrant or order authorizing a peace officer to immediately seize
and cause the removal of a vehicle if presented with a peace officer’s affidavit establishing reasonable cause to believe that the vehicle was an instrumentality used in the peace officer’s presence in violation of certain offenses.
</html:p>
<html:p>The bill would allow a peace officer’s affidavit presented to a magistrate to be based on video from a reasonably reliable source that the vehicle was an instrumentality used in violation of the above offenses.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law defines a nuisance, in part, as anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property and defines a public nuisance as one that affects an entire community, neighborhood, or a considerable number of
persons at the same time. Existing law authorizes various remedies for nuisances, including a criminal action, civil action, or abatement.
</html:p>
<html:p>This bill would provide that a performing vehicle, as defined, used in the commission of a sideshow is a public nuisance that may be subject to forfeiture upon the conviction of the operator of the performing vehicle. The bill would establish the procedures to serve notice of the intended forfeiture to the legal and registered owner of the performing vehicle, to file a claim opposing forfeiture, and for the forfeiture hearing. The bill would require the Attorney General or a district attorney to prove, beyond a reasonable doubt, that the operator of the performing vehicle was convicted of this offense and the vehicle was used in the commission of the violation that gave rise to the underlying conviction. The bill would require the court to, if the burden of proof has been met and the court finds there is no undue hardship to a
person other than the defendant, enter judgment in favor of the Attorney General or district attorney, declare the performing vehicle a public nuisance, and order the vehicle to be immediately forfeited to the state or local government entity, as specified. The bill would establish the procedures for the impoundment, sale, or disposal of a performing vehicle subject to forfeiture.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Urgency>NO</ns0:Urgency>
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<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_1A598B21-58BD-4FDC-8C2E-A2D18BAB08B0">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 14602.7 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F8A3E2B9-80AC-4C61-A78D-4FDF7245A716">
<ns0:Num>14602.7.</ns0:Num>
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<html:p>
(a)
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(1)
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A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number or vehicle identification number, was an instrumentality used in the peace officer’s presence or observed by the peace officer on a video stream or recording from a reasonably reliable source, in violation of Section 2800.1, 2800.2, 2800.3, 23103, or subdivision (a) or (c) of Section 23109, shall issue a warrant or court order authorizing any peace officer to immediately seize and cause the removal of the vehicle. The warrant or court order may be entered into a computerized database. The vehicle may be impounded for a period
not to exceed 30 days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The impounding agency, within two working days of impoundment, excluding weekends and holidays, shall send a notice by certified mail, return receipt requested, or electronic service as provided for under Section 690.5 of the Penal Code, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. 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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An impounding agency shall release a vehicle to the registered owner or their agent before the end of the impoundment period and without the permission of the magistrate authorizing the vehicle’s seizure under any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
When the vehicle is a stolen vehicle.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When the vehicle is subject to bailment and is driven by an unlicensed employee of the business establishment, including a parking service or repair garage.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
When the registered owner of the vehicle causes a peace officer to reasonably believe, based on the totality of the circumstances, that the registered owner was not the driver who violated Section 2800.1, 2800.2, or 2800.3, the agency shall immediately release the vehicle to the registered owner or their agent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A vehicle shall not be released pursuant to this subdivision, except upon 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 the court.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicle’s registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A notice of the storage hearing shall be sent by certified mail, return receipt requested, or by electronic service pursuant to Section 690.5 of the Penal Code, to the registered and legal owner of the vehicle within 48 hours of impoundment, excluding weekends and holidays, by the
person or agency executing the warrant or court order, and shall include all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The name, address, and telephone number of the agency providing the notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A copy of the warrant or court order and the peace officer’s affidavit, as described in subdivision (a).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order within 10 days of the date of the notice, and serve notice of the hearing
on the person or agency who executed the warrant or court order.
</html:p>
<html:p>
(3)
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The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
</html:p>
<html:p>
(4)
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At the hearing, the magistrate may order the vehicle released if they find any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency. The magistrate may also consider releasing the vehicle when the continued impoundment will cause undue hardship to persons dependent upon the vehicle for employment or to a person with a community property interest in the vehicle.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Failure of either the registered or legal owner, or their agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable cause for the impoundment and storage are not established.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The registered owner or their agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
</html:p>
<html:p>
(e)
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A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner’s agent before the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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 financial interest in the vehicle.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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 fees shall not be charged to the legal owner who redeems the vehicle before the 15th 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The legal owner or the legal owner’s agent presents, to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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 they are 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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A legal owner or the legal owner’s agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded of the vehicle or any agents of the registered owner, unless a registered owner is a rental car agency, until the termination of the impoundment period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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 their 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 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Before relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A vehicle impounded and seized under subdivision (a) shall be released to a rental car agency before the end of the impoundment period 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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 shall not rent another vehicle to the driver who used the vehicle that was seized to evade a police officer until 30 days after the date that the vehicle was seized.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The rental car agency may require the person to whom the vehicle was rented and who evaded the peace officer 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.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
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 and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to Sections 22660 to 22668, inclusive, and Section 22710, or to
vehicles impounded for investigation pursuant to Section 22655, or to vehicles removed from private property pursuant to Section 22658.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section does not apply to abandoned vehicles removed pursuant to Section 22669 that are determined by the public agency to have an estimated value of three hundred dollars ($300) or less.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
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.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 23109 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Num>23109.</ns0:Num>
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<html:p>
(a)
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A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. 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 limit, is not a speed contest.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person shall not aid or abet in a motor vehicle speed contest on a highway or in an offstreet parking facility.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person shall not engage in a motor vehicle exhibition of speed
or a sideshow
on a highway or in an offstreet parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed or a sideshow on a highway or in an offstreet parking facility.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person shall not, for the purpose of facilitating or aiding or as an incident to a motor vehicle speed contest or exhibition on 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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
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This subdivision does not interfere with the court’s power to
grant probation in a suitable case.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
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 1 day nor more than 30 days.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
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Except as provided in subparagraph (B), 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A conviction pursuant to subdivision (c) of a person driving a performing vehicle in a sideshow shall be punished as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A first conviction is punishable by imprisonment in a county jail for a period not to exceed one year, by a fine of not less than one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed one year, and by a fine of not less than one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the driver proximately causes bodily injury to another person, the conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed one year, and by a fine of not less than one thousand dollars ($1,000), or by both that fine and
imprisonment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this section, “performing vehicle” is a vehicle present at a sideshow that engages in vehicle stunts, speed contests, exhibitions of speed, or reckless driving.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Commencing January 1, 2029, 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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, “sideshow” is defined as an event or gathering
in which two or more persons
barricade, block, impede, or otherwise obstruct traffic upon or access to a highway or offstreet parking facility without the consent of the owner, operator, or agent thereof, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless
driving. A sideshow may involve the use or operation of any motor vehicle, including, but not limited to, motorcycles or off-highway motor vehicles, regardless of whether or not those vehicles display license plates or are registered. A sideshow is also known as a street takeover.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of this section, “offstreet parking facility” has the same meaning as in subdivision (c) of Section 12500.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the Louis Friend Memorial Act.
</html:p>
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<ns0:BillSection id="id_75F8E80B-8E54-480F-8554-5745D4EF51AD">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 23109.6 is added to the
<ns0:DocName>Vehicle Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_9AF69F5D-357A-442C-B131-AC5F3BE5D007">
<ns0:Num>23109.6.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, and except as provided in this section, a performing vehicle, as defined in Section 23109, used in the commission of a sideshow in violation of subdivision (c) of Section 23109 is subject to forfeiture as a public nuisance upon conviction of the operator of the performing vehicle used in the commission of a sideshow in violation of subdivision (c) of Section 23109.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All right, title, and interest in the performing vehicle shall vest in the state or local government entity upon the court declaring the performing vehicle a public nuisance and forfeiting the performing vehicle to the state or local government entity.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A performing vehicle that has been reported stolen, prior to a surrender or seizure under this section, shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the performing vehicle within 60 days of the seizure. A registered owner of the performing vehicle, or agent thereof, who has a valid license may redeem the performing vehicle upon payment of tow, storage, and other charges, provided the performing vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Seizure of the performing vehicle is not required to petition for the forfeiture of the vehicle under this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon the conviction of the underlying offense giving rise to forfeiture, the Attorney General or a district
attorney shall serve a notice of intended forfeiture by certified mail, return receipt requested, or by electronic service pursuant to Section 690.5 of the Penal Code, to the legal and registered owner of the performing vehicle, at the address obtained from the department. Notice of intended forfeiture shall also be published on the internet website of the state or local government entity seeking forfeiture at the time the notice is served to the legal and registered owner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Proof of service of the certified mailing and return receipt shall be filed with the court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The notice of intended forfeiture shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The name and contact information of the agency providing notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A description of the performing vehicle,
including, if ascertainable, make, model, color, vehicle identification number, and license plate number.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The criminal case number of the underlying conviction giving rise to forfeiture.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
That the performing vehicle is subject to forfeiture and will be sold or otherwise disposed of pursuant to this section.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Instructions for filing and serving a claim opposing forfeiture, time limits for filing a claim, and a claim form.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The legal consequences for failing to respond to the notice of intended forfeiture.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Attorney General or district attorney may request the court for an injunction to restrain all interested parties and enjoin them from transferring, encumbering,
hypothecating, or otherwise disposing of the performing vehicle.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Nothing in this section shall preclude a person, other than the defendant, claiming an interest in property actually seized from moving for a return of property if that person can show standing by proving an interest in the property that was not assigned subsequent to the seizure or filing of the forfeiture petition.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person claiming an interest in the performing vehicle subject to forfeiture shall, within 10 calendar days from the date of the notice of intended forfeiture, file with the superior court of the county in which the underlying offense giving rise to forfeiture is charged, a claim opposing forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. A copy of the claim opposing forfeiture shall be served upon
the Attorney General or the district attorney seeking forfeiture at the time of filing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a verified claim is timely filed in accordance with this subdivision, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim opposing forfeiture is filed with the court. The Attorney General or the district attorney shall file a petition for forfeiture with the court within 10 calendar days of service of the claim opposing forfeiture. A copy of the petition shall be served upon the claimant opposing forfeiture at the time of filing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The forfeiture hearing shall be before the superior court of the county in which the underlying offense giving rise to the forfeiture is charged and the issues shall be limited to matters related to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A
legal or registered owner of the performing vehicle who fails to appear at the forfeiture hearing waives their claim opposing forfeiture and a judgment upon default may be entered against the legal or registered owner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
At the forfeiture hearing, the Attorney General or district attorney shall have the burden of proving, beyond a reasonable doubt, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The operator of the performing vehicle subject to forfeiture was convicted under subdivision (c) of Section 23109 related to a sideshow.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The performing vehicle subject to forfeiture was used in the commission of a sideshow in violation of subdivision (c) of Section 23109 that gave rise to the underlying conviction.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the Attorney General or the district attorney
establishes a prima facie case based on the elements in paragraph (3), the court shall consider whether forfeiture of the performing vehicle will cause undue hardship to a person, other than the defendant, who is materially dependent on the vehicle for employment or other good cause, or to a person with a community property or legal interest in the vehicle.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the Attorney General or district attorney meets their burden of proof and the court finds there is no undue hardship, the court shall enter judgment in favor of the Attorney General or district attorney and against all registered and legal owners, declaring the performing vehicle a public nuisance and ordering the vehicle be immediately forfeited to the state or local government entity seeking forfeiture and be disposed of as set forth in this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Attorney General or district
attorney shall provide a copy of the court order to the defendant, a person who was sent notice of intended forfeiture, and the department.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the court denies the petition for forfeiture, a registered or legal owner of the performing vehicle, or the agent thereof, who has a valid license may redeem the vehicle upon payment of tow, storage, and other charges, provided the vehicle is not subject to any other holds and the vehicle registration is current.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The law enforcement agency and the impounding agency, including a 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 performing vehicle to the legal owner or the legal owner’s agent provided that the release complies with the provisions of this section.
The legal or registered owner shall indemnify and hold harmless a law enforcement agency, impounding agency, or storage facility, from a claim arising out of the release of the performing vehicle to the legal owner or the legal owner’s agent and from damage to the vehicle after its release, including the reasonable costs associated with defending a claim. A law enforcement agency shall not refuse to issue a release to a legal or registered owner, or agent thereof, on the grounds that it previously issued a release.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If no claims opposing forfeiture are timely filed, the Attorney General or district attorney shall prepare a petition and declaration of forfeiture and file it with the superior court of the county in which the underlying offense giving rise to forfeiture is charged.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The declaration of forfeiture and other evidence shall establish,
beyond a reasonable doubt and under penalty of perjury, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The requirements for notice of intended forfeiture as provided for in subdivision (b) have been met.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The operator of the performing vehicle subject to forfeiture was convicted under subdivision (c) of Section 23109 related to a sideshow.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The performing vehicle subject to forfeiture was used in the commission of a sideshow in violation of subdivision (c) of Section 23109 that gave rise to the underlying conviction.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the Attorney General or district attorney meet their burden of proof, the court shall enter judgment upon default in favor of the Attorney General or district attorney and against all registered and legal owners, declaring the performing vehicle a
public nuisance and ordering that the vehicle be immediately forfeited to the state or local government entity seeking forfeiture and be disposed of as set forth in this section.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Attorney General or district attorney shall provide a copy of the court order and declaration of forfeiture to the defendant, a person who was sent notice of intended forfeiture, and the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In carrying out the impoundment, sale, or disposal of a performing vehicle subject to forfeiture under this section, the law enforcement agency or the impounding agency may act as the agent of the state or local public entity, to which the vehicle is forfeited.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A performing vehicle declared by the court to be a nuisance and ordered forfeited pursuant to this section shall be surrendered or otherwise
seized, if not yet seized, and either sold at public auction, conveyed to a licensed dismantler or scrap iron processor for destruction, or donated to a charitable institution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Disposition of a forfeited performing vehicle may be in accordance with an adopted local ordinance or as otherwise provided for under this code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the performing vehicle is to be sold, a forfeited performing vehicle shall not be sold to the defendant who operated the vehicle during the commission of the underlying crime.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the performing vehicle is to be destroyed, license plates shall be removed from the vehicle conveyed to a licensed dismantler or scrap iron processor.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the performing vehicle is to be sold, the person conducting the
sale shall disburse the proceeds of the sale as provided for in this subdivision and shall provide a written accounting regarding the disposition to the impounding agency and, on request, to a person entitled to, or claiming a share of, the proceeds. Proceeds of a sale shall not be disbursed to the defendant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The proceeds of a sale of a forfeited performing vehicle shall be disposed of in the following priority:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
To satisfy the towing and storage costs of the vehicle impounded under this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To pay the costs associated with the sale of the vehicle under this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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, if the principal indebtedness was incurred prior to the commission of the act giving rise to the forfeiture.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
To the holder of a subordinate lien or encumbrance on the performing vehicle, other than a registered or legal owner, to satisfy the indebtedness if written notification of the 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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
To a person, other than a registered or legal owner, who can reasonably establish an interest in the performing vehicle, including a community property interest, to the extent of their provable interest, if written notification is received before distribution of the proceeds is completed.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
To pay court costs that are reasonably related to the implementation of this section.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
To the general fund of the state or local government entity to which the performing vehicle was forfeited.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Nothing in this section shall preclude an owner of a performing vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
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.
</html:p>
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<ns0:BillSection id="id_54A39E52-F34E-405F-B005-4309196A4861">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
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
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
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</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>