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<ns0:Id>20250SB__119899INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1198</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Menjivar</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Senator Archuleta)</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthor: Assembly Member Petrie-Norris)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Menjivar</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Archuleta</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Petrie-Norris</ns0:Name>
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<ns0:Title> An act to amend Sections 13200 and 23109.2 of, and to add Section 23109.4 to, the Vehicle Code, relating to vehicles. </ns0:Title>
<ns0:RelatingClause>vehicles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Vehicles: reckless driving: impoundment.</ns0:Subject>
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<html:p>Under existing law, a court is authorized to suspend the driving privilege of a licensed driver convicted of a violation relating to the speed of vehicles or reckless driving for a period of not to exceed 30 days for a first conviction, for a period of not to exceed 60 days upon a 2nd convection, and for a period of not to exceed 6 months upon a 3rd or any subsequent conviction.</html:p>
<html:p>This bill would authorize a court, for a conviction of reckless driving, to suspend the driving privilege for a period of not less than 30 days and not more than 90 days upon a first conviction, and would require a court to suspend the driving privilege for a period of 6 months upon a 2nd conviction, and for a period of not less than 3 years upon a 3rd or any subsequent conviction.</html:p>
<html:p>Existing law authorizes a peace officer to arrest
a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway or in an offstreet parking facility. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days. Existing law requires an impounding agency to release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period if, among other reasons, the person alleged to have been engaged in the motor vehicle speed contest was not authorized by the registered owner to operate the motor vehicle at the time of the commission of the offense, or if the registered owner was neither the driver nor a passenger of the motor vehicle or was unaware that the driver was using the motor vehicle to engage in the prohibited activities.</html:p>
<html:p>If a peace officer determines that a person was engaged in reckless driving on a
highway or in an offstreet parking facility, this bill would authorize the seized motor vehicle to be impounded for not less than 60 days and not more than 90 days if the person has a reckless driving conviction that occurred within 3 years before the current offense. If an impounding agency releases a motor vehicle to the registered owner or agent prior to the conclusion of the impoundment period, the bill would require the registered owner to provide evidence that the driver did not have authorization from the registered owner to operate the motor vehicle, as specified, or require the registered owner to sign an affidavit under penalty of perjury that the registered owner was unaware that the driver was using the vehicle to engage in reckless driving. By expanding the scope of the crime of perjury, this bill would create a state-mandated local program. The bill would allow a registered owner or their agent to obtain their vehicle prior to the conclusion of the impoundment period based on the reason that
the registered owner was not the driver or passenger of the motor vehicle or was unaware that the driver was engaging in reckless driving once. The bill would prohibit a registered owner from using this reason to obtain the motor vehicle prior to the conclusion of the impoundment period for a 2nd or any subsequent arrest that involves the same driver and vehicle.</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:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_1A05ED41-C2A5-40F7-999F-1E7921EEDFC5">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 13200 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Num>13200.</ns0:Num>
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<html:p>
(a)
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Whenever any person licensed under this code is convicted of a violation of any provision of this code relating to the speed of vehicles, the court may, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period of not to exceed 30 days upon a first conviction, for a period of not to exceed 60 days upon a second conviction, and for a period of not to exceed six months upon a third or any subsequent
conviction.
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<html:p>
(b)
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(1)
<html:span class="EnSpace"/>
Whenever any person licensed under this code is convicted of a violation of Section 23103, the court may, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period of not less than 30 days and not more 90 days upon a first conviction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whenever any person licensed under this code is convicted of a violation of Section 23103, the court shall suspend the privilege of the person to operate a motor vehicle for a period of six month upon a second conviction, and for a period of not less than three years upon a third or any subsequent conviction.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 23109.2 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_8D739751-893C-4DDD-8226-F2D42C68B74E">
<ns0:Num>23109.2.</ns0:Num>
<ns0:LawSectionVersion id="id_3A510F69-73F1-401A-80CF-9868A5E05C69">
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Whenever a peace officer determines that a person was engaged in an activity 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 offense pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is seized may be impounded for not more than 30 days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A motor vehicle speed contest, as described in subdivision (a) of Section 23109.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The registered and legal owner of a vehicle 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Chapter 10 (commencing with Section 22650) or any other law, an impounding agency shall
release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the vehicle is a stolen vehicle.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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 an activity described in subdivision (a).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the
legal owner or registered owner of the vehicle is a rental car agency.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A vehicle shall be released pursuant to this subdivision only if the registered owner or their agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If, pursuant to subparagraph (E) 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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:
</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 security interest in the vehicle.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. Lien sale processing fees shall not be charged to a legal owner who redeems the vehicle on or before the 15th day of
impoundment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The registered owner or the registered owner’s 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>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 incurred by the rental car agency in connection with obtaining possession of the vehicle.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The vehicle may not be sold prior to the defendant’s conviction.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
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). Notwithstanding this provision, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A period when 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.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 23109.4 is added to the
<ns0:DocName>Vehicle Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_BEA096E5-7E0C-46CC-BAA1-A97D3C209CF0">
<ns0:Num>23109.4.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1) Whenever a peace officer determines that a person was engaged in an activity 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 offense pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is seized may be impounded for not more than 30 days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Reckless driving on a highway, as described in subdivision (a) of Section 23103.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A
motor vehicle that is seized pursuant to paragraph (1) may be impounded for not less than 60 days and not more than 90 days if the person has a conviction for a violation of Section 23103 that occurred within three years before the current offense.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The registered and legal owner of a vehicle 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Chapter 10 (commencing with Section 22650) or any other law, an impounding agency shall release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the vehicle is a
stolen vehicle.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the person alleged to have been engaged in reckless driving, 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. The registered owner shall provide evidence that the person did not have authorization from the registered owner to operate the vehicle, including, but not limited to, theft reports, documented history of unauthorized use, or communication denying use of the vehicle.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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 an activity described in subdivision (a). The registered owner shall sign an affidavit under penalty of perjury
that the registered owner was unaware that the driver was using the vehicle to engage in reckless driving.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The relief available in clause (i) shall only be available to a registered owner of a vehicle once. A registered owner is prohibited from using the relief available in clause (i) for a second or any subsequent arrest described in subdivision (a) that involves the same driver and vehicle.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the legal owner or registered owner of the vehicle is a rental car agency.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A vehicle shall be
released pursuant to this subdivision only if the registered owner or their agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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:
</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 security interest in the vehicle.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. Lien sale
processing fees shall not be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The registered owner or the registered owner’s 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>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 incurred by the rental car agency in connection with obtaining possession of the vehicle.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The vehicle may not be sold prior to the defendant’s
conviction.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A period when 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.
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<ns0:Num>SEC. 4.</ns0:Num>
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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.
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