AB 1022

Bill Subjects

Abstract

Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle located within the territorial limits in which the officer or employee may act, under designated circumstances, including, but not limited to, when a vehicle is found upon a highway or public land, or removed pursuant to the Vehicle Code, and it is known that the vehicle has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded within designated time periods, or the registered owner of the vehicle is known to have been issued 5 or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case, as specified. Under existing law, a vehicle that has been removed and impounded under those circumstances that is not released may be subject to a lien sale to compensate for the costs of towage and for caring for and keeping safe the vehicle. This bill would remove the authority of a peace officer or public employee, as appropriate, to remove a vehicle under the above-described circumstances, and make conforming changes. Existing law similarly authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle from an off-street parking facility located within the territorial limits in which the officer or employee may act, when the vehicle is known to have been issued 5 or more notices of parking violation over a period of 5 or more days, to which the owner or person in control of the vehicle has not responded or when any vehicle is illegally parked so as to prevent the movement of a legally parked vehicle. Existing law authorizes the vehicle to be impounded until the owner or person in control of the vehicle furnishes to the impounding law enforcement agency evidence of their identity and an address within this state at which they can be located and furnishes satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle. In lieu of requiring satisfactory evidence that the bail has been deposited, existing law authorizes the impounding law enforcement agency to, in its discretion, issue a notice to appear for the offenses charged, as specified. In lieu of either furnishing satisfactory evidence that the bail has been deposited or accepting the notice to appear, existing law authorizes the owner or person in control of the vehicle to demand to be taken without unnecessary delay before a magistrate within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. This bill would delete the authorization to remove a vehicle from an off-street parking facility when the vehicle is known to have been issued 5 or more notices of parking violation over a period of 5 or more days, to which the owner or person in control of the vehicle has not responded. The bill would also delete the impounding provisions described above. Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of the jurisdiction in which a vehicle is located, to immobilize the vehicle that is located on a highway or public lands located within the territorial limits in which the officer or employee may act, if the vehicle is found upon a highway or public lands and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within designated time periods, or the registered owner of the vehicle is known to have been issued 5 or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case, as specified. Existing law authorizes the vehicle to be immobilized until the person furnishes to the immobilizing law enforcement agency evidence of their identity and an address within this state at which they can be located and furnishes satisfactory evidence that the full amount of parking penalties been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. This bill would delete that provision.