V C Section 22651.10 Sacramento County Pilot Program Intervention and Impoundment

Sacramento County Pilot Program: Intervention and Impoundment

22651.10.  

 

Added Sec. 1, Ch. 159, Stats. 2005. Effective January 1, 2006.
Amended Sec. 31, Ch. 747, Stats. 2007. Effective January 1, 2008.
22651.10
The repealed section read as follows: “(a) (1) Notwithstanding any other provision
of law, when a peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, arrests a person for an alleged violation of
Section 23152 or 23153, and the person has one or more prior convictions within the
past 10 years for a violation of Section 23103, as specified in Section 23103.5, or of
Section 23140, 23152, or 23153, or of Section 191.5 of, or subdivision (a) of Section
192.5 of, the Penal Code, the peace officer may cause the removal and seizure of the
motor vehicle driven by that person in the commission of that offense in accordance
with this chapter.
(2) A motor vehicle seized under paragraph (1) may be impounded for not more
than 30 days.
(3) The seizure and impoundment of a motor vehicle under paragraphs (1) and
(2) shall be undertaken only if the county participates in a program that combines
that seizure and impoundment with an intervention and a referral to a driving-under-
the-influence program licensed under Section 11836 of the Health and Safety
Code immediately upon the arrest or arraignment of the person described in paragraph
(1) or upon the delivery of that person to a medical facility for treatment of any
injuries.
(b) (1) The intervention shall be performed by a certified alcohol and drug addiction
counselor.
(2) The county participating in the program established under this section shall
pay for the cost of the intervention, and no part of that cost shall be passed on to the
defendant.
(c) The registered and legal owner of a vehicle that is removed and seized under
subdivision (a) or their agents shall be provided the opportunity for a storage hearing
to determine the validity of the storage in accordance with Section 22852.
(d) (1) Notwithstanding this Chapter or any other provision of law, an impounding
agency shall release a motor vehicle to the registered owner or his or her agent
prior to the conclusion of the impoundment period described in subdivision (a) under
any of the following circumstances:
(A) If the motor vehicle is a stolen motor vehicle.
(B) If the driver was not the sole registered owner of the vehicle and the impoundment
of the vehicle would cause a hardship on the other registered owner or his
or her family.
(C) If the person alleged to have violated Section 23152 or 23153 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.
(D) If the registered owner of the motor vehicle was neither the driver nor a passenger
of the vehicle at the time of the alleged violation of Section 23152 or 23153, or
was unaware that the driver was using the vehicle to engage in the unlawful activity
described in Section 23152 or 23153.
(E) If the legal owner or registered owner of the motor vehicle is a rental car
agency.
(F) If, prior to the conclusion of the impoundment period, a citation or notice is
dismissed under Section 40500, criminal charges are not filed by the district attorney
because of a lack of evidence, or the charges are otherwise dismissed by the court.
(2) A motor vehicle shall be released pursuant to this subdivision only if the registered
owner or his or her agent presents a currently valid driver’s license to operate
the vehicle and proof of current vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (F) of paragraph (1), a motor vehicle is released
prior to the conclusion of the impoundment period, neither the person charged with
a violation of Section 23152 or 23153 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.
(e) A motor vehicle seized and removed under subdivision (a) shall be released to
the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of
impoundment if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation,
or other licensed financial institution legally operating in this state, or is
another person, not the registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner’s agent pays all towing and storage fees
related to the impoundment of the vehicle. Lien sale processing fees shall not be
charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner’s agent presents foreclosure documents or
an affidavit of repossession for the vehicle.
(f) (1) The registered owner or his or her agent is responsible for all towing and
storage charges related to the impoundment, and any administrative charges authorized
under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person is convicted of a violation of Section
23152 or 23153 and 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 towing
and storage charges related to the impoundment, and administrative charges authorized
under Section 22850.5 incurred by the registered owner to obtain possession of
the vehicle, unless the court finds that the person convicted does not have the ability
to pay all or part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may require the person
to whom the vehicle was rented to pay all towing and storage charges related to the
impoundment and any administrative charges authorized under Section 22850.5 that
were incurred by the rental car agency in connection with obtaining possession of the
vehicle.
(4) The owner is not liable for towing and storage charges related to the impoundment
if acquittal or dismissal occurs. A county implementing an impoundment
program under this section shall establish a process for the immediate return of all
payments made by the defendant relating to the impoundment upon the acquittal of
the defendant or dismissal of the case.
(5) The vehicle may not be sold prior to the defendant’s conviction.
(6) (A) 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 (d).
(B) Notwithstanding subparagraph (A), nothing shall prohibit an impounding
agency from making prior payment arrangements to satisfy the requirement described
in subparagraph (A).
(g) On or before January 1, 2009, the county shall report to the Legislature regarding
the effectiveness of the pilot program authorized under this section in reducing
the number of first-time violations and repeat offenses of Section 23152 or 23153
in the county.
(h) This section applies only to the County of Sacramento and only if the Board
of Supervisors of Sacramento County enacts an ordinance or resolution authorizing
the implementation of the pilot program in the county.
(i) This section shall be implemented only to the extent that funds from private
or federal sources are available to fund the program.
(j) This section shall remain operative only until January 1, 2009.
(k) This section shall remain in effect only until January 1, 2010, and as of that
date is repealed, unless a later enacted statute, that is enacted before
January 1, 2010, deletes or extends that date. ”

NOTE: The preceding section shall remain operative only until January 1, 2009, and as of January 1, 2010, is repealed.