Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250SB__111298AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-17</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-25</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1112</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Archuleta</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Archuleta</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to add Section 22852.1 to the Vehicle Code, relating to vehicles. </ns0:Title>
<ns0:RelatingClause>vehicles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Vehicles: towing companies and storage facilities.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law requires an authorized member of a public agency who directs the storage of a vehicle, as specified, to give notice to the legal owners within 48 hours and the opportunity for a poststorage hearing to determine the validity of the storage. Existing law requires an officer or employee, upon the removal of a vehicle from public or private property, to store the vehicle at the nearest garage or place of safety designated by the governmental agency. A violation of the Vehicle Code or a local ordinance adopted pursuant to that code is an infraction.</html:p>
<html:p>This bill would authorize the registered or legal owner, lienholder, or insurer of a vehicle that is in the possession of a towing company or storage facility to initiate judicial proceedings in the small claims court of the county that the vehicle is stored to determine whether the vehicle was wrongfully taken or withheld, as defined, or whether the storage charges include excessive or unreasonable fees, as defined. The bill would authorize the registered owner, legal owner, lienholder, or insurer to post a bond or adequate security with the clerk of the court in the county where the vehicle is stored. The bill would set a maximum bond of $6,250 if the owner of the vehicle is a company, and a maximum of $500 if the owner of the vehicle is an individual. The bill would authorize the court to issue a certificate directing the release of the vehicle from the towing company, impound yard, or storage facility, upon receipt of the bond. The bill would prohibit an auto body
shop, an impound yard, or a towing company from knowingly participating in, or profiting from, unauthorized towing practices where a vehicle is wrongfully taken or withheld. The bill would impose a civil fine not to exceed 4 times the amount charged to the vehicle owner for a violation of these provisions. The bill would exempt towing companies, storage companies, or impound yards, approved by the Department of the California Highway Patrol, from these provisions.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_4423D901-18B4-42CC-BA7F-AFA53C065C10">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'22852.1'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 22852.1 is added to the
<ns0:DocName>Vehicle Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_73AA92B9-ECBA-4495-B31D-B8FF4D3D19F0">
<ns0:Num>22852.1.</ns0:Num>
<ns0:LawSectionVersion id="id_B626AF93-6FB2-400C-B321-3239114C5365">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Excessive or unreasonable fees” means fees that exceed towing and storage fees at applicable Department of the California Highway Patrol facilities or locally approved law enforcement rates.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Wrongfully taken or withheld” means the taking or retained possession of a vehicle by a towing company, storage facility, impound yard, or auto body shop through fraudulent or manipulative action, that includes, but is not limited to, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Misrepresentation of the authority to tow or store the vehicle.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Impersonation of an entity contacted by a rental car company, or insurance agency, to tow or store the vehicle.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Unsolicited response to a vehicle collision.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Advance scout authorization tactics.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Refusal to disclose the destination of a vehicle being towed.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Intentional delays.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Any act that constitutes a violation of Section 22513.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The registered or legal owner, lienholder, or insurer of a vehicle that is in the possession of a towing company, impound yard, or storage facility may initiate judicial proceedings in the small claims division of
the superior court of the county in which the vehicle is stored to determine whether the vehicle was wrongfully taken or withheld, or whether towing, service, or storage charges include excessive or unreasonable fees.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before the sale of a wrongfully taken or withheld vehicle by the towing company, impound yard, or storage facility, the registered owner, legal owner, lienholder, or insurer of a vehicle may have the vehicle released upon posting a bond or other adequate security with the clerk of the court in the county that the vehicle is stored.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The initiation of judicial proceedings as described in subdivision (b) is not required in order to post bond or other adequate security.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The use of a particular form for posting the bond is not required unless the clerk of the court in
the county provides a required form.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the registered or legal owner of the vehicle is a business, the bond or other adequate security shall be in an amount equal to the accrued towing and storage charges at the time of release of the vehicle, or six thousand two hundred fifty dollars ($6,250), whichever is less.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the registered or legal owner of the vehicle is an individual, the bond or other adequate security shall be in an amount equal to the accrued towing and storage charges at the time of release of the vehicle, or five hundred dollars ($500), whichever is less.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon the posting of the bond or other adequate security, the clerk of the court shall issue a certificate directing the towing company, impound yard, or storage facility to release the vehicle to the party that
posted the bond or other adequate security.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon receipt of a copy of the certificate directing the release of the vehicle during regular business hours, the towing company, impound yard, or storage facility shall immediately release the vehicle to the person who posted the bond or other adequate security.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the party posting the bond does not initiate judicial proceedings within 45 days after the issuance of the certificate by the clerk of the court, then upon request of the towing company, impound yard, or storage facility, the clerk of the court shall do either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Release the posted bond or other adequate security to the towing company, impound yard, or storage facility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Issue a notice certifying that a judicial
proceeding has not been initiated within 45 days after the issuance of the certificate requiring the surety that issued the bond to promptly pay the full face value of the bond to the towing company, impound yard, or storage facility. The towing company, impound yard, or storage facility shall, upon receipt of the clerk’s notice, timely notify the surety of that notice. A notice issued by the clerk expires 120 days after its issuance if the notice is not delivered to the surety.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An auto body shop, impound yard, or storage facility shall not knowingly participate in, or profit from, unauthorized or deceptive towing practices where a vehicle is wrongfully taken or withheld. An auto body shop, impound yard, or storage facility that accepts vehicles they know, or reasonably should have known, were wrongfully taken or withheld, shall be subject to a civil fine not to exceed four times the amount charged to the vehicle owner.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An auto body shop, storage facility, or impound yard shall comply with the provisions of Section 3071 of the Civil Code, prior to conducting a lien sale. The failure to provide notice shall render any storage charges void.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each towing company, impound yard, storage facility, and auto body shop shall post a notice, developed by the Bureau of Automotive Repairs, visible to consumers onsite, that states a consumer’s rights pursuant to this section. An entity that fails to comply with the notice requirement shall be subject to a civil fine not to exceed four times the amount charged to the vehicle owner.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not apply to any vehicle towed at the request of the Department of the California Highway Patrol by an approved towing company and stored at an approved storage facility or impound
yard.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>