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HomeMy WebLinkAbout2025-03-25 - AGENDA REPORTS - STATE LEGISLATIONO Agenda Item: 3 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: Lj DATE: March 25, 2025 SUBJECT: STATE LEGISLATION: AB 271, AB 875, AB 1022, SB 264, and SB 265 DEPARTMENT: City Manager's Office PRESENTER: Masis Hagobian RECOMMENDED ACTION City Council: 1. Support AB 271 (Hoover), AB 875 (Muratsuchi), SB 264 (Valladares), and SB 265 (Valladares). 2. Oppose AB 1022 (Kalra). 3. Transmit position statements to the authors of the bills, Santa Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, and other stakeholder organizations. BACKGROUND The following state legislative items were presented to the City Council Legislative Committee on March 5, 2025. Included as part of this report is a brief summary of each piece of legislation and its current status in the state legislative process. The state legislative items in this report are related to public safety, specifically, crimes committed during emergencies and traffic safety. Crimes Committed During Emergencies During and following the Palisades and Eaton Fires, there were several reports of looting of homes that were affected by the wildfires. To a lesser degree, reports of individuals impersonating firefighters were also made, as some looters attempted to gain access to homes by disguising themselves as first responders. Under existing California law, looting is punishable as a misdemeanor or felony, depending on Page 1 Packet Pg. 18 O the crime's severity. Additionally, impersonating a peace officer, firefighter, or government employee is currently a misdemeanor, resulting in a 90-day sentence in a county jail. The following three bills make changes related to looting or impersonating a first responder during an emergency or evacuation order. Assembly Bill 271 Introduced by Assembly Member Josh Hoover (R-7-Folsom), Assembly Bill 271 makes burglary within an area under a county or local state of emergency or an evacuation order, also known as looting, punishable as a felony. Additionally, this legislation imposes a two-year sentence enhancement for those who impersonate a government employee or first responder during the act of looting. Senate Bill 264 Introduced by Senator Suzette Valladares (R-23-Santa Clarita), Senate Bill 264 makes impersonating a first responder or member of the Office of the State Fire Marshal during a state of emergency or local emergency punishable as either a misdemeanor or a felony, giving law enforcement agencies and local prosecutorial officials the discretion to pursue charges greater than a misdemeanor. Senate Bill 265 Introduced by Senator Suzette Valladares (R-23-Santa Clarita), Senate Bill 265 makes burglary within an area under a county or local state of emergency or an evacuation order, also known as looting, punishable as a felony. Traffic Safety Assembly Bill 875 Introduced by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 875 authorizes law enforcement officers to impound an electric bicycle operating on a public street if it exceeds the legally permitted speed for electric bicycles, including those with motors capable of propelling the bicycle beyond 20 mph without pedaling. This bill would also authorize law enforcement officers to remove a bicycle operated by a person who (1) is under 16 years of age and is operating a Class III electric bicycle or (2) is operating a Class III electric bicycle without a helmet. Current State law categorizes electric bicycles into three classifications: • Class I: Pedal -assist electric bicycle with a max speed of 20 mph that does not have a throttle or a minimum age requirement; • Class II: Pedal -assist electric bicycle with a max speed of 20 mph that has a throttle - powered motor, also with no age requirement; • Class III: Pedal -assist electric bicycle with a max speed of 28 mph that does not have a Page 2 Packet Pg. 19 O throttle but has a minimum age requirement of 16 years of age. Often mistaken for an electric bicycle, another vehicle that is rapidly growing in popularity is electric motorcycles, often with a maximum speed ranging from 45 mph - 65 mph, equipped with throttle -powered motors, and typically do not come with pedals. Current State law prohibits the use of electric motorcycles on sidewalks, bike paths or paseos, bike lanes, or any off-street parking facilities. California Vehicle Code Section 312.5 defines an electric bicycle as: (a) An "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Due to the motors on electric motorcycles exceeding the 750-watt limit, electric motorcycles cannot be legally modified to be used on sidewalks, bike paths or paseos, bike lanes, or off-street parking facilities. In order to operate an electric motorcycle on public streets, the vehicle must be outfitted with turn signals and the user must possess an M1 Drivers License and have the vehicle registered and insured. The user must also wear a helmet while operating an electric motorcycle. Although bicycle involved collisions in the City of Santa Clarita (City) have remained relatively consistent in the last three years, bicycle collisions involving electric bicycles and electric motorcycles has increased from 31 percent of all bicycle involved collisions in 2022 to 41 percent of all bicycle involved collisions in 2024. As these vehicles are growing in popularity, predominantly among youth, data reflects that those under the age of 18 are more likely to be involved in a collision using an electric bicycle or electric motorcycle than when using a traditional bicycle with no motor. Moreover, given the ability to accelerate at a more rapid rate and reach higher speeds, collisions resulting in severe injury or fatality was higher among electric bicycles or electric motorcycles than traditional non -motorized bicycles in the last three years. The City has had two recent fatalities involving youth riding electric bicycles or electric motorcycles, a 17-year old who collided with the side of a truck in October 2023, and most recently, a 14-year old who collided head-on with a vehicle in January 2025. Assembly Bill 1022 Introduced by Assembly Member Ash Kalra (D-25-San Jose), Assembly Bill 1022 prohibits a law enforcement officer or parking enforcement officer from having a vehicle impounded or immobilized due to having five or more unpaid parking citations. Current State law authorizes a law enforcement officer or parking enforcement officer to impound or immobilize a vehicle if it has five or more unpaid parking or traffic citations. The City's Parking Enforcement administers state and City vehicle regulations, including the impounding of vehicles that have five or more unpaid parking or traffic citations. Local parking regulations help maintain traffic flow and enhance public safety. They complement the City's commitment to promote a safe environment for residents, businesses, and visitors. Parking Enforcement Officers patrol City streets and parking lots, and primarily respond Page 3 Packet Pg. 20 O to reports from residents. They also identify stolen, abandoned, inoperative, and unregistered vehicles on public streets. Additionally, the City imposes parking requirements to ensure adequate and reasonable access to homes. These standards serve as a safeguard to prevent congestion of on -street vehicle parking that may cause unsafe conditions for surrounding residents and businesses and access challenges for emergency personnel, especially in the event of an emergency or evacuation. Assembly Bill 1022 preempts the City's ability to maintain safe and accessible streets and opposing this legislation is consistent in safeguarding the City's efforts with regard to parking enforcement. All five bills listed in this report are pending a hearing in their first policy committee or an assignment to a policy committee, at the time this report was developed. ALTERNATIVE ACTION Other action, as provided by the City Council. FISCAL IMPACT The resources required to implement the recommended action are contained within the City of Santa Clarita's adopted Fiscal Year 2024-25 budget. ATTACHMENTS Assembly Bill 271 - Bill Text Assembly Bill 875 - Bill Text Assembly Bill 1022 - Bill Text Senate Bill 264 - Bill Text Senate Bill 265 - Bill Text Page 4 Packet Pg. 21 3.a CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION ASSEMBLY BILL No. 271 Introduced by Assembly Member Hoover (Coauthor: Assembly Member Hadwick) January 21, 2025 An act to amend Section 463 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST AB 271, as introduced, Hoover. Crimes: looting. Existing law defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law defines burglary of the first degree as any burglary of an inhabited building and makes burglary of the first degree punishable by imprisonment in the state prison for 2, 4, or 6 years. Existing law defines all other burglary as burglary of the 2nd degree and makes it punishable by imprisonment in the county jail for one year or as a felony. Existing law makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Existing law defines any 2nd-degree burglary or grand theft, during and within an affected county in a state of emergency or local emergency, as specified, as looting, punishable by either imprisonment in a county jail for one year or as a felony. Existing law makes petty theft committed during and within an affected county in a state of emergency or local emergency a misdemeanor and requires a minimum jail term of 90 days. 99 Packet Pg. 22 AB 271 —2— 3.a Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor. This bill would make looting by the means of a 2nd-degree burglary or grand theft punishable instead as a felony. The bill would define a petty theft committed during and within an affected county in a state of emergency or local emergency as looting and make it punishable by imprisonment in the county jail for one year or as a felony. The bill would require any person who in the course of committing or attempting to commit the crime of looting impersonated a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, subject to a penalty enhancement. By increasing the punishment of a crime, this bill would impose a state -mandated local program. 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. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 463 of the Penal Code is amended to 2 read: 3 463. (a) (1) Every person who violates Section 459, punishable 4 as a second-degree burglary pursuant to subdivision (b) of Section 5 461, during and within an affected county in a "state of emergency" 6 or a "local emergency," or under an "evacuation order," resulting 7 from an earthquake, fire, flood, riot, or other natural or manmade 8 disaster shall be guilty of the crime of looting, punishable* 9 pursuant to 10 subdivision (h) of Section 1170. Any person convicted under this 11 subdivision who is eligible for probation and who is granted 12 probation shall, as a condition thereof, be confined in a county jail 13 for at least 180 days, except that the court may, in the case where 14 the interest of justice would best be served, reduce or eliminate 15 that mandatory jail sentence, if the court specifies on the record 99 Packet Pg. 23 —3— AB 271 3.a 1 and enters into the minutes the circumstances indicating that the 2 interest of justice would best be served by that disposition. In 3 addition to whatever custody is ordered, the court, in its discretion, 4 may require any person granted probation following conviction 5 under this subdivision to serve up to 240 hours of community 6 service in any program deemed appropriate by the court, including 7 any program created to rebuild the community. 8 F-of 9 (2) For purposes of this subdivision, the fact that the structure 10 entered has been damaged by the earthquake, fire, flood, or other 11 natural or manmade disaster shall not, in and of itself, preclude 12 conviction. 13 (b) Every person who commits the crime of grand theft, as 14 defined in Section 487 or subdivision (a) of Section 487a, except 15 grand theft of a firearm, during and within an affected county in 16 a "state of emergency" or a "local emergency," or under an 17 "evacuation order," resulting from an earthquake, fire, flood, riot, 18 or other natural or unnatural disaster shall be guilty of the crime 19 of looting, punishable by imprisonment in a eounty jail for one 20 yearn pursuant to subdivision (h) of Section 1170. Every person 21 who commits the crime of grand theft of a firearm, as defined in 22 Section 487, during and within an affected county in a "state of 23 emergency" or a "local emergency" resulting from an earthquake, 24 fire, flood, riot, or other natural or unnatural disaster shall be guilty 25 of the crime of looting, punishable by imprisonment in the state 26 prison, as set forth in subdivision (a) of Section 489. Any person 27 convicted under this subdivision who is eligible for probation and 28 who is granted probation shall, as a condition thereof, be confined 29 in a county jail for at least 180 days, except that the court may, in 30 the case where the interest of justice would best be served, reduce 31 or eliminate that mandatory jail sentence, if the court specifies on 32 the record and enters into the minutes the circumstances indicating 33 that the interest of justice would best be served by that disposition. 34 In addition to whatever custody is ordered, the court, in its 35 discretion, may require any person granted probation following 36 conviction under this subdivision to serve up to 160 hours of 37 community service in any program deemed appropriate by the 38 court, including any program created to rebuild the community. 39 (c) Every person who commits the crime of petty theft, as 40 defined in Section 488, during and within an affected county in a 99 Packet Pg. 24 AB 271 —4- 3.a 1 "state of emergency" or a "local emergency," or under an 2 "evacuation order," resulting from an earthquake, fire, flood, riot, 3 or other natural or manmade disaster shall be guilty of —a 4 .,..isde_...,.. not, the crime of looting, punishable by imprisonment 5 in a county jail for six m on not exceeding one year or pursuant 6 to subdivision (h) of Section 1170. Any person convicted under 7 this subdivision who is eligible for probation and who is granted 8 probation shall, as a condition thereof, be confined in a county jail 9 for at least 90 days, except that the court may, in the case where 10 the interest of justice would best be served, reduce or eliminate 11 that mandatory minimum jail sentence, if the court specifies on 12 the record and enters into the minutes the circumstances indicating 13 that the interest of justice would best be served by that disposition. 14 In addition to whatever custody is ordered, the court, in its 15 discretion, may require any person granted probation following 16 conviction under this subdivision to serve up to 80 hours of 17 community service in any program deemed appropriate by the 18 court, including any program created to rebuild the community. 19 (d) Any person who commits a violation of this section and who, 20 in the course of that violation or attempted violation, impersonates 21 a first responder, in violation of Section 538d, 538e, 538g, or 538h, 22 shall be subject to a penalty enhancement of an additional two 23 years, which shall be served consecutive to any other term imposed 24 by the court. 25 (-d) 26 (e) (1) For purposes of this section, "state of emergency" means 27 conditions that, by reason of their magnitude, are, or are likely to 28 be, beyond the control of the services, personnel, equipment, and 29 facilities of any single county, city and county, or city and require 30 the combined forces of a mutual aid region or regions to combat. 31 (2) For purposes of this section, "local emergency" means 32 conditions that, by reason of their magnitude, are, or are likely to 33 be, beyond the control of the services, personnel, equipment, and 34 facilities of any single county, city and county, or city and require 35 the combined forces of a mutual aid region or regions to combat. 36 (3) For purposes of this section, a "state of emergency" shall 37 exist from the time of the proclamation of the condition of the 38 emergency until terminated pursuant to Section 8629 of the 39 Government Code. For purposes of this section only, a "local 40 emergency" shall exist from the time of the proclamation of the 99 Packet Pg. 25 —5— AB 271 3.a 1 condition of the emergency by the local governing body until 2 terminated pursuant to Section 8630 of the Government Code. 3 (4) For purposes of this section, "evacuation order" means an 4 order from the Governor, or a county sheriff, chief of police, or 5 fire marshal, under which persons subject to the order are required 6 to relocate outside of the geographic area covered by the order due 7 to an imminent danger resulting from an earthquake, fire, flood, 8 riot, or other natural or manmade disaster. 9 (5) Consensual entry into a commercial structure with the intent 10 to commit a violation of Section 470, 476, 476a, 484f, or 484g 11 shall not be charged as a violation under this section. 12 SEC. 2. No reimbursement is required by this act pursuant to 13 Section 6 of Article XIIIB of the California Constitution because 14 the only costs that may be incurred by a local agency or school 15 district will be incurred because this act creates a new crime or 16 infraction, eliminates a crime or infraction, or changes the penalty 17 for a crime or infraction, within the meaning of Section 17556 of 18 the Government Code, or changes the definition of a crime within 19 the meaning of Section 6 of Article XIII B of the California 20 Constitution. X 99 Packet Pg. 26 3.b CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION ASSEMBLY BILL No. 875 Introduced by Assembly Member Muratsuchi (Coauthor: Assembly Member Davies) February 19, 2025 An act to amend Section 22651 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 875, as introduced, Muratsuchi. Vehicle removal. Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody. This bill would additionally authorize a peace officer to remove an electric bicycle operated on the highway that is capable of speeds greater than any speed permitted for an electric bicycle, as specified. The bill would also authorize a peace officer to remove a bicycle operated by a person who (1) is under 16 years of age and is operating a class 3 electric bicycle or (2) is operating, or riding upon, a class 3 electric bicycle without a helmet, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. 99 Packet Pg. 27 AB 875 —2— 3.b The people of the State of California do enact as follows: 1 SECTION 1. Section 22651 of the Vehicle Code is amended 2 to read: 3 22651. A peace officer, as defined in Chapter 4.5 (commencing 4 with Section 830) of Title 3 of Part 2 of the Penal Code, or a 5 regularly employed and salaried employee who is engaged in 6 directing traffic or enforcing parking laws and regulations of a 7 city, county, or jurisdiction of a state agency in which a vehicle is 8 located may remove a vehicle located within the territorial limits 9 in which the officer or employee may act, under the following 10 circumstances: 11 (a) If a vehicle is left unattended upon a bridge, viaduct, or 12 causeway or in a tube or tunnel where the vehicle constitutes an 13 obstruction to traffic. 14 (b) If a vehicle is parked or left standing upon a highway in a 15 position so as to obstruct the normal movement of traffic or in a 16 condition so as to create a hazard to other traffic upon the highway. 17 (c) If a vehicle is found upon a highway or public land and a 18 report has previously been made that the vehicle is stolen or a 19 complaint has been filed and a warrant thereon is issued charging 20 that the vehicle was embezzled. 21 (d) If a vehicle is illegally parked so as to block the entrance to 22 a private driveway, and it is impractical to move the vehicle from 23 in front of the driveway to another point on the highway. 24 (e) If a vehicle is illegally parked so as to prevent access by 25 firefighting equipment to a fire hydrant, and it is impracticable to 26 move the vehicle from in front of the fire hydrant to another point 27 on the highway. 28 (f) If a vehicle, except highway maintenance or construction 29 equipment, is stopped, parked, or left standing for more than four 30 hours upon the right-of-way of a freeway that has full control of 31 access and no crossings at grade, and the driver, if present, cannot 32 move the vehicle under its own power. 33 (g) If the person in charge of a vehicle upon a highway or public 34 land is, by reason of physical injuries or illness, incapacitated to 35 an extent so as to be unable to provide for its custody or removal. 36 (h) (1) If an officer arrests a person driving or in control of a 37 vehicle for an alleged offense, and the officer is, by this code or 99 Packet Pg. 28 — 3 — AB 875 3.b 1 other law, required or permitted to take, and, except as provided 2 in Section 23109.3, does take, the person into custody. 3 (2) If an officer serves a notice of an order of suspension or 4 revocation pursuant to Section 13388 or 13389. 5 (i) (1) If a vehicle, other than a rented vehicle, is found upon 6 a highway or public land, or is removed pursuant to this code, and 7 it is known that the vehicle has been issued five or more notices 8 of parking violations to which the owner or person in control of 9 the vehicle has not responded within 21 calendar days of notice 10 of citation issuance or citation issuance or 14 calendar days of the 11 mailing of a notice of delinquent parking violation to the agency 12 responsible for processing notices of parking violations, or the 13 registered owner of the vehicle is known to have been issued five 14 or more notices for failure to pay or failure to appear in court for 15 traffic violations for which a certificate has not been issued by the 16 magistrate or clerk of the court hearing the case showing that the 17 case has been adjudicated or concerning which the registered 18 owner's record has not been cleared pursuant to Chapter 6 19 (commencing with Section 41500) of Division 17, the vehicle may 20 be impounded until that person furnishes to the impounding law 21 enforcement agency all of the following: 22 (A) Evidence of their identity. 23 (B) An address within this state where they can be located. 24 (C) Satisfactory evidence that all parking penalties due for the 25 vehicle and all other vehicles registered to the registered owner of 26 the impounded vehicle and all traffic violations of the registered 27 owner have been cleared. 28 (2) The requirements in subparagraph (C) of paragraph (1) shall 29 be fully enforced by the impounding law enforcement agency on 30 and after the time that the Department of Motor Vehicles is able 31 to provide access to the necessary records. 32 (3) A notice of parking violation issued for an unlawfully parked 33 vehicle shall be accompanied by a warning that repeated violations 34 may result in the impounding of the vehicle. In lieu of furnishing 35 satisfactory evidence that the full amount of parking penalties or 36 bail has been deposited, that person may demand to be taken 37 without unnecessary delay before a magistrate, for traffic offenses, 38 or a hearing examiner, for parking offenses, within the county 39 where the offenses charged are alleged to have been committed 40 and who has jurisdiction of the offenses and is nearest or most 99 Packet Pg. 29 AB 875 — 4 — 3.b 1 accessible with reference to the place where the vehicle is 2 impounded. Evidence of current registration shall be produced 3 after a vehicle has been impounded, or, at the discretion of the 4 impounding law enforcement agency, a notice to appear for 5 violation of subdivision (a) of Section 4000 shall be issued to that 6 person. 7 (4) A vehicle shall be released to the legal owner, as defined in 8 Section 370, if the legal owner does all of the following: 9 (A) Pays the cost of towing and storing the vehicle. 10 (B) Submits evidence of payment of fees as provided in Section 11 9561. 12 (C) Completes an affidavit in a form acceptable to the 13 impounding law enforcement agency stating that the vehicle was 14 not in possession of the legal owner at the time of occurrence of 15 the offenses relating to standing or parking. A vehicle released to 16 a legal owner under this subdivision is a repossessed vehicle for 17 purposes of disposition or sale. The impounding agency shall have 18 a lien on any surplus that remains upon sale of the vehicle, to which 19 the registered owner is or may be entitled, as security for the full 20 amount of the parking penalties for all notices of parking violations 21 issued for the vehicle and for all local administrative charges 22 imposed pursuant to Section 22850.5. The legal owner shall 23 promptly remit to, and deposit with, the agency responsible for 24 processing notices of parking violations from that surplus, on 25 receipt of that surplus, the full amount of the parking penalties for 26 all notices of parking violations issued for the vehicle and for all 27 local administrative charges imposed pursuant to Section 22850.5. 28 (5) The impounding agency that has a lien on the surplus that 29 remains upon the sale of a vehicle to which a registered owner is 30 entitled pursuant to paragraph (4) has a deficiency claim against 31 the registered owner for the full amount of the parking penalties 32 for all notices of parking violations issued for the vehicle and for 33 all local administrative charges imposed pursuant to Section 34 22850.5, less the amount received from the sale of the vehicle. 35 0) If a vehicle is found illegally parked and there are no license 36 plates or other evidence of registration displayed, the vehicle may 37 be impounded until the owner or person in control of the vehicle 38 furnishes the impounding law enforcement agency evidence of 39 their identity and an address within this state where they can be 40 located. 99 Packet Pg. 30 — 5 — AB 875 3.b 1 (k) If a vehicle is parked or left standing upon a highway for 72 2 or more consecutive hours in violation of a local ordinance 3 authorizing removal. 4 (0 If a vehicle is illegally parked on a highway in violation of 5 a local ordinance forbidding standing or parking and the use of a 6 highway, or a portion thereof, is necessary for the cleaning, repair, 7 or construction of the highway, or for the installation of 8 underground utilities, and signs giving notice that the vehicle may 9 be removed are erected or placed at least 24 hours prior to the 10 removal by a local authority pursuant to the ordinance. 11 (m) If the use of the highway, or a portion of the highway, is 12 authorized by a local authority for a purpose other than the normal 13 flow of traffic or for the movement of equipment, articles, or 14 structures of unusual size, and the parking of a vehicle would 15 prohibit or interfere with that use or movement, and signs giving 16 notice that the vehicle may be removed are erected or placed at 17 least 24 hours prior to the removal by a local authority pursuant 18 to the ordinance. 19 (n) Whenever a vehicle is parked or left standing where local 20 authorities, by resolution or ordinance, have prohibited parking 21 and have authorized the removal of vehicles. Except as provided 22 in subdivisions (v) and (w), a vehicle shall not be removed unless 23 signs are posted giving notice of the removal. 24 (o) (1) If a vehicle is found or operated upon a highway, public 25 land, or an offstreet parking facility under any of the following 26 circumstances: 27 (A) (i) With a registration expiration date in excess of six 28 months before the date it is found or operated on the highway, 29 public lands, or the offstreet parking facility. 30 (ii) Prior to removing a vehicle pursuant to this subparagraph, 31 the officer or employee shall verify, using available Department 32 of Motor Vehicles records, that no current registration exists for 33 the vehicle. A vehicle shall not be removed pursuant to this 34 subparagraph if it has a current registration on file with the 35 Department of Motor Vehicles, regardless of whether the vehicle 36 is in compliance with subdivision (a) of Section 5204. If the officer 37 or employee does not have immediate access to those records, a 38 vehicle shall not be removed pursuant to this subparagraph. 39 (B) Displaying in, or upon, the vehicle, a registration card, 40 identification card, temporary receipt, license plate, special plate, 99 Packet Pg. 31 AB 875 3.b 1 registration sticker, device issued pursuant to Section 4853, or 2 permit that was not issued for that vehicle or is not otherwise 3 lawfully used on that vehicle under this code. 4 (C) Displaying in, or upon, the vehicle, an altered, forged, 5 counterfeit, or falsified registration card, identification card, 6 temporary receipt, license plate, special plate, registration sticker, 7 device issued pursuant to Section 4853, or permit. 8 (D) (i) The vehicle is operating using autonomous technology, 9 without the registered owner or manufacturer of the vehicle having 10 first applied for and obtained a valid permit that is required to 11 operate the vehicle on public roads pursuant to Section 38750, 12 Article 3.7 (commencing with Section 227.00) of Title 13 of the 13 California Code of Regulations, and Article 3.8 (commencing with 14 Section 228.00) of Title 13 of the California Code of Regulations. 15 (ii) The vehicle is operating using autonomous technology after 16 the registered owner or person in control of the vehicle received 17 notice that the vehicle's permit required for the operation of the 18 vehicle pursuant to Section 38750, Article 3.7 (commencing with 19 Section 227.00) of Title 13 of the California Code of Regulations, 20 and Article 3.8 (commencing with Section 228.00) of Title 13 of 21 the California Code of Regulations is suspended, terminated, or 22 revoked. 23 (iii) For purposes of this subdivision, the terms "autonomous 24 technology" and "autonomous vehicle" have the same meanings 25 as in Section 38750. 26 (iv) This subparagraph does not provide the authority for a peace 27 officer to stop an autonomous vehicle solely for the purpose of 28 determining whether the vehicle is operating using autonomous 29 technology without a valid permit required to operate the 30 autonomous vehicle on public roads pursuant to Section 38750, 31 Article 3.7 (commencing with Section 227.00) of Title 13 of the 32 California Code of Regulations, and Article 3.8 (commencing with 33 Section 228.00) of Title 13 of the California Code of Regulations. 34 (2) If a vehicle described in paragraph (1) is occupied, only a 35 peace officer, as defined in Chapter 4.5 (commencing with Section 36 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. 37 (3) For the purposes of this subdivision, the vehicle shall be 38 released under any of the following circumstances: 39 (A) If the vehicle has been removed pursuant to subparagraph 40 (A), (B), or (C) of paragraph (1), to the registered owner of, or 99 Packet Pg. 32 — 7 — AB 875 3.b 1 person in control of, the vehicle only after the owner or person 2 furnishes the storing law enforcement agency with proof of current 3 registration and a valid driver's license to operate the vehicle. 4 (B) If the vehicle has been removed pursuant to subparagraph 5 (D) of paragraph (1), to the registered owner of, or person in control 6 of, the autonomous vehicle, after the registered owner or person 7 furnishes the storing law enforcement agency with proof of current 8 registration and a valid driver's license, if required to operate the 9 autonomous vehicle, and either of the following: 10 (i) Proof of a valid permit required to operate the autonomous 11 vehicle using autonomous technology on public roads pursuant to 12 Section 38750, Article 3.7 (commencing with Section 227.00) of 13 Title 13 of the California Code of Regulations, and Article 3.8 14 (commencing with Section 228.00) of Title 13 of the California 15 Code of Regulations. 16 (ii) A declaration or sworn statement to the Department of Motor 17 Vehicles that states that the autonomous vehicle will not be 18 operated using autonomous technology upon public roads without 19 first obtaining a valid permit to operate the vehicle pursuant to 20 Section 38750, Article 3.7 (commencing with Section 227.00) of 21 Title 13 of the California Code of Regulations, and Article 3.8 22 (commencing with Section 228.00) of Title 13 of the California 23 Code of Regulations. 24 (C) To the legal owner or the legal owner's agency, without 25 payment of any fees, fines, or penalties for parking tickets or 26 registration and without proof of current registration, if the vehicle 27 will only be transported pursuant to the exemption specified in 28 Section 4022 and if the legal owner does all of the following: 29 (i) Pays the cost of towing and storing the vehicle. 30 (ii) Completes an affidavit in a form acceptable to the 31 impounding law enforcement agency stating that the vehicle was 32 not in possession of the legal owner at the time of occurrence of 33 an offense relating to standing or parking. A vehicle released to a 34 legal owner under this subdivision is a repossessed vehicle for 35 purposes of disposition or sale. The impounding agency has a lien 36 on any surplus that remains upon sale of the vehicle to which the 37 registered owner is or may be entitled, as security for the full 38 amount of parking penalties for any notices of parking violations 39 issued for the vehicle and for all local administrative charges 40 imposed pursuant to Section 22850.5. Upon receipt of any surplus, 99 Packet Pg. 33 AB 875 — 8 — 3.b 1 the legal owner shall promptly remit to, and deposit with, the 2 agency responsible for processing notices of parking violations 3 from that surplus, the full amount of the parking penalties for all 4 notices of parking violations issued for the vehicle and for all local 5 administrative charges imposed pursuant to Section 22850.5. 6 (4) The impounding agency that has a lien on the surplus that 7 remains upon the sale of a vehicle to which a registered owner is 8 entitled has a deficiency claim against the registered owner for the 9 full amount of parking penalties for any notices of parking 10 violations issued for the vehicle and for all local administrative 11 charges imposed pursuant to Section 22850.5, less the amount 12 received from the sale of the vehicle. 13 (5) As used in this subdivision, "offstreet parking facility" means 14 an offstreet facility held open for use by the public for parking 15 vehicles and includes a publicly owned facility for offstreet parking 16 and a privately owned facility for offstreet parking if a fee is not 17 charged for the privilege to park and it is held open for the common 18 public use of retail customers. 19 (p) If the peace officer issues the driver of a vehicle a notice to 20 appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 21 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not 22 impounded pursuant to Section 22655.5. A vehicle so removed 23 from the highway or public land, or from private property after 24 having been on a highway or public land, shall not be released to 25 the registered owner or their agent, except upon presentation of 26 the registered owner's or their agent's currently valid driver's 27 license to operate the vehicle and proof of current vehicle 28 registration to the impounding law enforcement agency or upon 29 order of a court. 30 (q) If a vehicle is parked for more than 24 hours on a portion 31 of highway that is located within the boundaries of a common 32 interest development, as defined in Section 4100 or 6534 of the 33 Civil Code, and signs, as required by paragraph (1) of subdivision 34 (a) of Section 22658 of this code, have been posted on that portion 35 of highway providing notice to drivers that vehicles parked thereon 36 for more than 24 hours will be removed at the owner's expense 37 pursuant to a resolution or ordinance adopted by the local authority. 38 (r) If a vehicle is illegally parked and blocks the movement of 39 a legally parked vehicle. 99 Packet Pg. 34 — 9 — AB 875 3.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (s) (1) If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint. (2) Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint. (3) For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area. (t) If a peace officer issues a notice to appear for a violation of Section 25279. (u) If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale. (v) (1) If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision err) (l) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2). (2) Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision) (1) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance. (w) (1) If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision{P} (o) of Section 21100, if the registered owner of the vehicle was 99 Packet Pg. 35 AB 875 — 10 3.b 1 previously issued a warning citation for the same offense pursuant 2 to paragraph (2). 3 (2) Notwithstanding subdivision (a) of Section 22507, a city or 4 county, in lieu of posting signs noticing a local ordinance regulating 5 advertising signs adopted pursuant to subdivision{p) (o) of Section 6 21100 may provide notice by issuing a warning citation advising 7 the registered owner of the vehicle that they may be subject to 8 penalties upon a subsequent violation of the ordinance that may 9 include the removal of the vehicle as provided in paragraph (1). 10 A city or county is not required to provide further notice for a 11 subsequent violation before the enforcement of penalties for a 12 violation of the ordinance. 13 (x) If a person is operating a bicycle with an electric motor that 14 is capable of speeds greater than any speed permitted by an electric 15 bicycle, including a bicycle with an electric motor capable with 16 the ability to exclusively propel the bicycle at a speed greater than 17 20 miles per hour, on a highway. 18 (y) If a person is operating a class 3 electric bicycle in violation 19 of Section 21213. X 99 Packet Pg. 36 3.c CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION ASSEMBLY BILL No. 1022 Introduced by Assembly Member Kalra (Coauthors: Assembly Members Bryan, Elhawary, Haney, and Lee) February 20, 2025 An act to amend Sections 22651, 22651.3, and 22851.1 of, and to repeal Section 22651.7 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1022, as introduced, Kalra. Authority to remove vehicles. 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. 99 Packet Pg. 37 AB 1022 — 2 — 3.c 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 99 Packet Pg. 38 — 3 — AB 1022 3.c 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 22651 of the Vehicle Code is amended 2 to read: 3 22651. A peace officer, as defined in Chapter 4.5 (commencing 4 with Section 830) of Title 3 of Part 2 of the Penal Code, or a 5 regularly employed and salaried employee who is engaged in 6 directing traffic or enforcing parking laws and regulations of a 7 city, county, or jurisdiction of a state agency in which a vehicle is 8 located may remove a vehicle located within the territorial limits 9 in which the officer or employee may act, under the following 10 circumstances: 11 (a) If a vehicle is left unattended upon a bridge, viaduct, or 12 causeway or in a tube or tunnel where the vehicle constitutes an 13 obstruction to traffic. 14 (b) If a vehicle is parked or left standing upon a highway in a 15 position so as to obstruct the normal movement of traffic or in a 16 condition so as to create a hazard to other traffic upon the highway. 17 (c) If a vehicle is found upon a highway or public land and a 18 report has previously been made that the vehicle is stolen or a 99 Packet Pg. 39 AB 1022 — 4 — 3.c 1 complaint has been filed and a warrant thereon is issued charging 2 that the vehicle was embezzled. 3 (d) If a vehicle is illegally parked so as to block the entrance to 4 a private driveway, and it is impractical to move the vehicle from 5 in front of the driveway to another point on the highway. 6 (e) If a vehicle is illegally parked so as to prevent access by 7 firefighting equipment to a fire hydrant, and it is impracticable to 8 move the vehicle from in front of the fire hydrant to another point 9 on the highway. 10 (f) If a vehicle, except highway maintenance or construction 11 equipment, is stopped, parked, or left standing for more than four 12 hours upon the right-of-way of a freeway that has full control of 13 access and no crossings at grade, and the driver, if present, cannot 14 move the vehicle under its own power. 15 (g) If the person in charge of a vehicle upon a highway or public 16 land is, by reason of physical injuries or illness, incapacitated to 17 an extent so as to be unable to provide for its custody or removal. 18 (h) (1) If an officer arrests a person driving or in control of a 19 vehicle for an alleged offense, and the officer is, by this code or 20 other law, required or permitted to take, and, except as provided 21 in Section 23109.3, does take, the person into custody. 22 (2) If an officer serves a notice of an order of suspension or 23 revocation pursuant to Section 13388 or 13389. 24 (i) (1) *Until January 1, 2026, if a vehicle, other than a rented 25 vehicle, is found upon a highway or public land, or is removed 26 pursuant to this code, and it is known that the vehicle has been 27 issued five or more notices of parking violations to which the 28 owner or person in control of the vehicle has not responded within 29 21 calendar days of notice of citation issuance or citation issuance 30 or 14 calendar days of the mailing of a notice of delinquent parking 31 violation to the agency responsible for processing notices of 32 parking violations, or the registered owner of the vehicle is known 33 to have been issued five or more notices for failure to pay or failure 34 to appear in court for traffic violations for which a certificate has 35 not been issued by the magistrate or clerk of the court hearing the 36 case showing that the case has been adjudicated or concerning 37 which the registered owner's record has not been cleared pursuant 38 to Chapter 6 (commencing with Section 41500) of Division 17, 39 the vehicle may be impounded until that person furnishes to the 40 impounding law enforcement agency all of the following: 99 Packet Pg. 40 — 5 — AB 1022 3.c 1 (A) Evidence of their identity. 2 (B) An address within this state where they can be located. 3 (C) Satisfactory evidence that all parking penalties due for the 4 vehicle and all other vehicles registered to the registered owner of 5 the impounded vehicle and all traffic violations of the registered 6 owner have been cleared. 7 (2) The requirements in subparagraph (C) of paragraph (1) shall 8 be fully enforced by the impounding law enforcement agency on 9 and after the time that the Department of Motor Vehicles is able 10 to provide access to the necessary records. 11 (3) A notice of parking violation issued for an unlawfully parked 12 vehicle shall be accompanied by a warning that repeated violations 13 may result in the impounding of the vehicle. In lieu of furnishing 14 satisfactory evidence that the full amount of parking penalties or 15 bail has been deposited, that person may demand to be taken 16 without unnecessary delay before a magistrate, for traffic offenses, 17 or a hearing examiner, for parking offenses, within the county 18 where the offenses charged are alleged to have been committed 19 and who has jurisdiction of the offenses and is nearest or most 20 accessible with reference to the place where the vehicle is 21 impounded. Evidence of current registration shall be produced 22 after a vehicle has been impounded, or, at the discretion of the 23 impounding law enforcement agency, a notice to appear for 24 violation of subdivision (a) of Section 4000 shall be issued to that 25 person. 26 (4) A vehicle shall be released to the legal owner, as defined in 27 Section 370, if the legal owner does all of the following: 28 (A) Pays the cost of towing and storing the vehicle. 29 (B) Submits evidence of payment of fees as provided in Section 30 9561. 31 (C) Completes an affidavit in a form acceptable to the 32 impounding law enforcement agency stating that the vehicle was 33 not in possession of the legal owner at the time of occurrence of 34 the offenses relating to standing or parking. A vehicle released to 35 a legal owner under this subdivision is a repossessed vehicle for 36 purposes of disposition or sale. The impounding agency shall have 37 a lien on any surplus that remains upon sale of the vehicle, to which 38 the registered owner is or may be entitled, as security for the full 39 amount of the parking penalties for all notices of parking violations 40 issued for the vehicle and for all local administrative charges 99 Packet Pg. 41 AB 1022 3.c 1 imposed pursuant to Section 22850.5. The legal owner shall 2 promptly remit to, and deposit with, the agency responsible for 3 processing notices of parking violations from that surplus, on 4 receipt of that surplus, the full amount of the parking penalties for 5 all notices of parking violations issued for the vehicle and for all 6 local administrative charges imposed pursuant to Section 22850.5. 7 (5) The impounding agency that has a lien on the surplus that 8 remains upon the sale of a vehicle to which a registered owner is 9 entitled pursuant to paragraph (4) has a deficiency claim against 10 the registered owner for the full amount of the parking penalties 11 for all notices of parking violations issued for the vehicle and for 12 all local administrative charges imposed pursuant to Section 13 22850.5, less the amount received from the sale of the vehicle. 14 0) If a vehicle is found illegally parked and there are no license 15 plates or other evidence of registration displayed, the vehicle may 16 be impounded until the owner or person in control of the vehicle 17 furnishes the impounding law enforcement agency evidence of 18 their identity and an address within this state where they can be 19 located. 20 (k) If a vehicle is parked or left standing upon a highway for 72 21 or more consecutive hours in violation of a local ordinance 22 authorizing removal. 23 (0 If a vehicle is illegally parked on a highway in violation of 24 a local ordinance forbidding standing or parking and the use of a 25 highway, or a portion thereof, is necessary for the cleaning, repair, 26 or construction of the highway, or for the installation of 27 underground utilities, and signs giving notice that the vehicle may 28 be removed are erected or placed at least 24 hours prior to the 29 removal by a local authority pursuant to the ordinance. 30 (m) If the use of the highway, or a portion of the highway, is 31 authorized by a local authority for a purpose other than the normal 32 flow of traffic or for the movement of equipment, articles, or 33 structures of unusual size, and the parking of a vehicle would 34 prohibit or interfere with that use or movement, and signs giving 35 notice that the vehicle may be removed are erected or placed at 36 least 24 hours prior to the removal by a local authority pursuant 37 to the ordinance. 38 (n) Whenever a vehicle is parked or left standing where local 39 authorities, by resolution or ordinance, have prohibited parking 40 and have authorized the removal of vehicles. Except as provided 99 Packet Pg. 42 — 7 — AB 1022 3.c 1 in subdivisions (v) and (w), a vehicle shall not be removed unless 2 signs are posted giving notice of the removal. 3 (o) (1) If a vehicle is found or operated upon a highway, public 4 land, or an offstreet parking facility under any of the following 5 circumstances: 6 (A) (i) With a registration expiration date in excess of six 7 months before the date it is found or operated on the highway, 8 public lands, or the offstreet parking facility. 9 (ii) Prior to removing a vehicle pursuant to this subparagraph, 10 the officer or employee shall verify, using available Department 11 of Motor Vehicles records, that no current registration exists for 12 the vehicle. A vehicle shall not be removed pursuant to this 13 subparagraph if it has a current registration on file with the 14 Department of Motor Vehicles, regardless of whether the vehicle 15 is in compliance with subdivision (a) of Section 5204. If the officer 16 or employee does not have immediate access to those records, a 17 vehicle shall not be removed pursuant to this subparagraph. 18 (B) Displaying in, or upon, the vehicle, a registration card, 19 identification card, temporary receipt, license plate, special plate, 20 registration sticker, device issued pursuant to Section 4853, or 21 permit that was not issued for that vehicle or is not otherwise 22 lawfully used on that vehicle under this code. 23 (C) Displaying in, or upon, the vehicle, an altered, forged, 24 counterfeit, or falsified registration card, identification card, 25 temporary receipt, license plate, special plate, registration sticker, 26 device issued pursuant to Section 4853, or permit. 27 (D) (i) The vehicle is operating using autonomous technology, 28 without the registered owner or manufacturer of the vehicle having 29 first applied for and obtained a valid permit that is required to 30 operate the vehicle on public roads pursuant to Section 38750, 31 Article 3.7 (commencing with Section 227.00) of Title 13 of the 32 California Code of Regulations, and Article 3.8 (commencing with 33 Section 228.00) of Title 13 of the California Code of Regulations. 34 (ii) The vehicle is operating using autonomous technology after 35 the registered owner or person in control of the vehicle received 36 notice that the vehicle's permit required for the operation of the 37 vehicle pursuant to Section 38750, Article 3.7 (commencing with 38 Section 227.00) of Title 13 of the California Code of Regulations, 39 and Article 3.8 (commencing with Section 228.00) of Title 13 of 99 Packet Pg. 43 AB 1022 3.c 1 the California Code of Regulations is suspended, terminated, or 2 revoked. 3 (iii) For purposes of this subdivision, the terms "autonomous 4 technology" and "autonomous vehicle" have the same meanings 5 as in Section 38750. 6 (iv) This subparagraph does not provide the authority for a peace 7 officer to stop an autonomous vehicle solely for the purpose of 8 determining whether the vehicle is operating using autonomous 9 technology without a valid permit required to operate the 10 autonomous vehicle on public roads pursuant to Section 38750, 11 Article 3.7 (commencing with Section 227.00) of Title 13 of the 12 California Code of Regulations, and Article 3.8 (commencing with 13 Section 228.00) of Title 13 of the California Code of Regulations. 14 (2) If a vehicle described in paragraph (1) is occupied, only a 15 peace officer, as defined in Chapter 4.5 (commencing with Section 16 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. 17 (3) For the purposes of this subdivision, the vehicle shall be 18 released under any of the following circumstances: 19 (A) If the vehicle has been removed pursuant to subparagraph 20 (A), (B), or (C) of paragraph (1), to the registered owner of, or 21 person in control of, the vehicle only after the owner or person 22 furnishes the storing law enforcement agency with proof of current 23 registration and a valid driver's license to operate the vehicle. 24 (B) If the vehicle has been removed pursuant to subparagraph 25 (D) of paragraph (1), to the registered owner of, or person in control 26 of, the autonomous vehicle, after the registered owner or person 27 furnishes the storing law enforcement agency with proof of current 28 registration and a valid driver's license, if required to operate the 29 autonomous vehicle, and either of the following: 30 (i) Proof of a valid permit required to operate the autonomous 31 vehicle using autonomous technology on public roads pursuant to 32 Section 38750, Article 3.7 (commencing with Section 227.00) of 33 Title 13 of the California Code of Regulations, and Article 3.8 34 (commencing with Section 228.00) of Title 13 of the California 35 Code of Regulations. 36 (ii) A declaration or sworn statement to the Department of Motor 37 Vehicles that states that the autonomous vehicle will not be 38 operated using autonomous technology upon public roads without 39 first obtaining a valid permit to operate the vehicle pursuant to 40 Section 38750, Article 3.7 (commencing with Section 227.00) of 99 Packet Pg. 44 — 9 — AB 1022 3.c 1 Title 13 of the California Code of Regulations, and Article 3.8 2 (commencing with Section 228.00) of Title 13 of the California 3 Code of Regulations. 4 (C) To the legal owner or the legal owner's agency, without 5 payment of any fees, fines, or penalties for parking tickets or 6 registration and without proof of current registration, if the vehicle 7 will only be transported pursuant to the exemption specified in 8 Section 4022 and if the legal owner does all of the following: 9 (i) Pays the cost of towing and storing the vehicle. 10 (ii) Completes an affidavit in a form acceptable to the 11 impounding law enforcement agency stating that the vehicle was 12 not in possession of the legal owner at the time of occurrence of 13 an offense relating to standing or parking. A vehicle released to a 14 legal owner under this subdivision is a repossessed vehicle for 15 purposes of disposition or sale. The impounding agency has a lien 16 on any surplus that remains upon sale of the vehicle to which the 17 registered owner is or may be entitled, as security for the full 18 amount of parking penalties for any notices of parking violations 19 issued for the vehicle and for all local administrative charges 20 imposed pursuant to Section 22850.5. Upon receipt of any surplus, 21 the legal owner shall promptly remit to, and deposit with, the 22 agency responsible for processing notices of parking violations 23 from that surplus, the full amount of the parking penalties for all 24 notices of parking violations issued for the vehicle and for all local 25 administrative charges imposed pursuant to Section 22850.5. 26 (4) The impounding agency that has a lien on the surplus that 27 remains upon the sale of a vehicle to which a registered owner is 28 entitled has a deficiency claim against the registered owner for the 29 full amount of parking penalties for any notices of parking 30 violations issued for the vehicle and for all local administrative 31 charges imposed pursuant to Section 22850.5, less the amount 32 received from the sale of the vehicle. 33 (5) As used in this subdivision, "offstreet parking facility" means 34 an offstreet facility held open for use by the public for parking 35 vehicles and includes a publicly owned facility for offstreet parking 36 and a privately owned facility for offstreet parking if a fee is not 37 charged for the privilege to park and it is held open for the common 38 public use of retail customers. 39 (p) If the peace officer issues the driver of a vehicle a notice to 40 appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 99 Packet Pg. 45 AB 1022 —10- 3.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owner's or their agent's currently valid driver's license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court. (q) If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owner's expense pursuant to a resolution or ordinance adopted by the local authority. (r) If a vehicle is illegally parked and blocks the movement of a legally parked vehicle. (s) (1) If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint. (2) Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint. (3) For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area. (t) If a peace officer issues a notice to appear for a violation of Section 25279. (u) If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale. 99 Packet Pg. 46 —11— AB 1022 3.c 1 (v) (1) If a vehicle is a mobile billboard advertising display, as 2 defined in Section 395.5, and is parked or left standing in violation 3 of a local resolution or ordinance adopted pursuant to subdivision 4 (m) of Section 21100, if the registered owner of the vehicle was 5 previously issued a warning citation for the same offense pursuant 6 to paragraph (2). 7 (2) Notwithstanding subdivision (a) of Section 22507, a city or 8 county, in lieu of posting signs noticing a local ordinance 9 prohibiting mobile billboard advertising displays adopted pursuant 10 to subdivision (m) of Section 21100 may provide notice by issuing 11 a warning citation advising the registered owner of the vehicle that 12 they may be subject to penalties upon a subsequent violation of 13 the ordinance that may include the removal of the vehicle as 14 provided in paragraph (1). A city or county is not required to 15 provide further notice for a subsequent violation prior to the 16 enforcement of penalties for a violation of the ordinance. 17 (w) (1) If a vehicle is parked or left standing in violation of a 18 local ordinance or resolution adopted pursuant to subdivision (p) 19 of Section 21100, if the registered owner of the vehicle was 20 previously issued a warning citation for the same offense pursuant 21 to paragraph (2). 22 (2) Notwithstanding subdivision (a) of Section 22507, a city or 23 county, in lieu of posting signs noticing a local ordinance regulating 24 advertising signs adopted pursuant to subdivision (p) of Section 25 21100 may provide notice by issuing a warning citation advising 26 the registered owner of the vehicle that they may be subject to 27 penalties upon a subsequent violation of the ordinance that may 28 include the removal of the vehicle as provided in paragraph (1). 29 A city or county is not required to provide further notice for a 30 subsequent violation before the enforcement of penalties for a 31 violation of the ordinance. 32 SEC. 2. Section 22651.3 of the Vehicle Code is amended to 33 read: 34 22651.3. {Any peace officer, as that term is defined in 35 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 36 of the Penal Code, or any regularly employed and salaried 37 employee, who is engaged in directing traffic or enforcing parking 38 laws and regulations, of a city, county, or jurisdiction of a state 39 agency in which any vehicle, other than a rented vehicle, is located 40 may remove the vehicle from an offstreet public parking facility 99 Packet Pg. 47 AB 1022 —12 — 3.c 99 Packet Pg. 48 —13 — AB 1022 3.c AMENE-Lin-A-104-11.11-111111-11,1111:- jjj� A IN 1 MAN . 1 IN IN 1 :- - :: ; .- .I I I I. • I I I : in.- . My .110-111110- - -:- -; -.INN • - .- ; 99 Packet Pg. 49 AB 1022 —14 — 3.c 1 are alleged to have beett eommitted and who has ittrisdietion o 2 the offenses and is nearest or most aeeessible with referettee to the 4 registration shall be produeed after a vehiele has beett immobilize 5 , 6 a notiee to appear for violation of subdivision (a) of Seetion 4000 7 shall be issued to that person. 8 , 9 . 10 SEC. 4. Section 22851.1 of the Vehicle Code is amended to 11 read: 12 22851.1. (a) If the vehicle is impounded prior to January 1, 13 2026, pursuant to subdivision (i) of Section 22651 and not released 14 as provided in that subdivision, the vehicle may be sold pursuant 15 to this chapter to satisfy the liens specified in Section 22851 and 16 in subdivision (b) of this section. 17 (b) A local authority impounding a vehicle pursuant to 18 subdivision (i) of Section 22651 shall have a lien dependent upon 19 possession by the keeper of the garage for satisfaction of bail for 20 all outstanding notices of parking violation issued by the local 21 authority for the vehicle, when the conditions specified in 22 subdivision (c) have been met. This lien shall be subordinate in 23 priority to the lien established by Section 22851, and the proceeds 24 of any sale shall be applied accordingly. Consistent with this order 25 of priority, the term "lien," as used in this article and in Chapter 26 6.5 (commencing with Section 3067) of Title 14 of Part 4 of 27 Division 3 of the Civil Code, includes a lien imposed by this 28 subdivision. In any action brought to perfect the lien, where 29 required by subdivision (d) of Section 22851.8 of this code, or by 30 subdivision (d) of Section 3071 or subdivision (d) of Section 3072 31 of the Civil Code, it shall be a defense to the recovery of bail that 32 the owner of the vehicle at the time of impoundment was not the 33 owner of the vehicle at the time of the parking offense. 34 (c) A lien shall exist for bail with respect to parking violations 35 for which no person has answered the charge in the notice of 36 parking violation given, or filed an affidavit of nonownership 37 pursuant to and within the time specified in subdivision (b) of 38 Section 41103. I 99 Packet Pg. 50 3.d SENATE BILL No. 264 Introduced by Senators Valladares and P6rez (Coauthors: Senators Allen, Alvarado -Gil, Choi, Dahle, Grove, Hurtado, Jones, Niello, Ochoa Bogh, Seyarto, and Stern) (Coauthors: Assembly Members Alanis, Chen, Davies, Hadwick, Sanchez, and Wallis) February 3, 2025 An act to amend Sections 538d and 538e of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST SB 264, as introduced, Valladares. Impersonation of a peace officer or firefighter during a state of emergency or local emergency. Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, as defined, under specified circumstances. Existing law makes it a misdemeanor to impersonate a peace officer or an officer or member of a fire department or the Office of the State Fire Marshal. This bill would make impersonating a peace officer or an officer or member of a fire department or the Office of the State Fire Marshal during a state of emergency or local emergency punishable as either a misdemeanor or a felony, as specified. By increasing the punishment of a crime, this bill would impose a state -mandated local program. 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. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. 99 Packet Pg. 51 SB 264 —2— 3.d The people of the State of California do enact as follows: 1 SECTION 1. Section 538d of the Penal Code is amended to 2 read: 3 538d. (a) Any person other than one who by law is given the 4 authority of a peace officer, who willfully wears, exhibits, or uses 5 the authorized uniform, insignia, emblem, device, label, certificate, 6 card, or writing, of a peace officer, with the intent of fraudulently 7 impersonating a peace officer, or of fraudulently inducing the 8 belief that they are a peace officer, or who willfully and credibly 9 impersonates a peace officer through or on an internet website, or 10 by other electronic means, for purposes of defrauding another, is 11 guilty of a misdemeanor. 12 (b) (1) Any person, other than the one who by law is given the 13 authority of a peace officer, who willfully wears, exhibits, or uses 14 the badge of a peace officer with the intent of fraudulently 15 impersonating a peace officer, or of fraudulently inducing the 16 belief that they are a peace officer, is guilty of a misdemeanor 17 punishable by imprisonment in a county jail not to exceed one 18 year, by a fine not to exceed two thousand dollars ($2,000), or by 19 both that imprisonment and fine. 20 (2) Any person who willfully wears or uses any badge that 21 falsely purports to be authorized for the use of one who by law is 22 given the authority of a peace officer, or which so resembles the 23 authorized badge of a peace officer as would deceive any ordinary 24 reasonable person into believing that it is authorized for the use 25 of one who by law is given the authority of a peace officer, for the 26 purpose of fraudulently impersonating a peace officer, or of 27 fraudulently inducing the belief that they are a peace officer, is 28 guilty of a misdemeanor punishable by imprisonment in a county 29 jail not to exceed one year, by a fine not to exceed two thousand 30 dollars ($2,000), or by both that imprisonment and fine. 31 (c) (1) Except as provided in subdivision)-, (e), any person 32 who willfully wears, exhibits, or uses, or who willfully makes, 33 sells, loans, gives, or transfers to another, any badge, insignia, 34 emblem, device, or any label, certificate, card, or writing, which 35 falsely purports to be authorized for the use of one who by law is 36 given the authority of a peace officer, or which so resembles the 37 authorized badge, insignia, emblem, device, label, certificate, card, 38 or writing of a peace officer as would deceive an ordinary 99 Packet Pg. 52 — 3 — SB 264 3.d 1 reasonable person into believing that it is authorized for the use 2 of one who by law is given the authority of a peace officer, is guilty 3 of a misdemeanor punishable by imprisonment in a county jail not 4 to exceed six months, by a fine not to exceed two thousand dollars 5 ($2,000), or by both that imprisonment and fine, except that any 6 person who makes or sells any badge under the circumstances 7 described in this subdivision is subject to a fine not to exceed 8 fifteen thousand dollars ($15,000). 9 (2) A local law enforcement agency in the jurisdiction that files 10 charges against a person for a violation of paragraph (1) shall seize 11 the badge, insignia, emblem, device, label, certificate, card, or 12 writing described in paragraph (1). 13 (d) Any person convicted of violating subdivision (a), (b), or 14 (c) during a state of emergency or local emergency, as defined in 15 Section 463, shall be punished either by imprisonment in a county 16 jail not to exceed one year, by a fine not to exceed two thousand 17 dollars ($2, 000), or by both that imprisonment and fine, or by 18 imprisonment pursuant to subdivision (h) of Section 1170 and by 19 a fine not to exceed ten thousand dollars ($10, 000). 20 (-d) 21 (e) (1) The head of an agency that employs peace officers, as 22 defined in Sections 830.1 and 830.2, is authorized to issue 23 identification in the form of a badge, insignia, emblem, device, 24 label, certificate, card, or writing that clearly states that the person 25 has honorably retired following service as a peace officer from 26 that agency. The identification authorized pursuant to this 27 subdivision is separate and distinct from the identification 28 authorized by Article 2 (commencing with Section 25450) of 29 Chapter 2 of Division 5 of Title 4 of Part 6. 30 (2) If the head of an agency issues a badge to an honorably 31 retired peace officer that is not affixed to a plaque or other 32 memento commemorating the retiree's service for the agency, the 33 words "Honorably Retired" shall be clearly visible above, 34 underneath, or on the badge itself. 35 (3) The head of an agency that employs peace officers as defined 36 in Sections 830.1 and 830.2 is authorized to revoke identification 37 granted pursuant to this subdivision in the event of misuse or abuse. 38 (4) For the purposes of this subdivision, the term "honorably 39 retired" does not include an officer who has agreed to a service 40 retirement in lieu of termination. 99 Packet Pg. 53 SB 264 — 4 — 3.d 1 (-e) 2 0 (1) Vendors of law enforcement uniforms shall verify that 3 a person purchasing a uniform identifying a law enforcement 4 agency is an employee of the agency identified on the uniform. 5 Presentation and examination of a valid identification card with a 6 picture of the person purchasing the uniform and identification, 7 on the letterhead of the law enforcement agency, of the person 8 buying the uniform as an employee of the agency identified on the 9 uniform shall be sufficient verification. 10 (2) Any uniform vendor who sells a uniform identifying a law 11 enforcement agency, without verifying that the purchaser is an 12 employee of the agency, is guilty of a misdemeanor, punishable 13 by a fine of not more than one thousand dollars ($1,000). 14 (3) This subdivision shall not apply if the uniform is to be used 15 solely as a prop for a motion picture, television, video production, 16 or a theatrical event, and prior written permission has been obtained 17 from the identified law enforcement agency. 18 SEC. 2. Section 538e of the Penal Code is amended to read: 19 538e. (a) Any person, other than an officer or member of a 20 fire department, who willfully wears, exhibits, or uses the 21 authorized uniform, insignia, emblem, device, label, certificate, 22 card, or writing of an officer or member of a fire department or a 23 deputy state fire marshal, with the intent of fraudulently 24 impersonating an officer or member of a fire department or the 25 Office of the State Fire Marshal, or of fraudulently inducing the 26 belief that they are an officer or member of a fire department or 27 the Office of the State Fire Marshal, or who willfully and credibly 28 impersonates such an officer or member on an internet website, 29 or by other electronic means, for purposes of defrauding another, 30 is guilty of a misdemeanor. 31 (b) (1) Any person, other than the one who by law is given the 32 authority of an officer or member of a fire department, or a deputy 33 state fire marshal, who willfully wears, exhibits, or uses the badge 34 of a fire department or the Office of the State Fire Marshal with 35 the intent of fraudulently impersonating an officer, or member of 36 a fire department, or a deputy state fire marshal, or of fraudulently 37 inducing the belief that they are an officer or member of a fire 38 department, or a deputy state fire marshal, is guilty of a 39 misdemeanor punishable by imprisonment in a county jail not to 99 Packet Pg. 54 — 5 — SB 264 3.d 1 exceed one year, by a fine not to exceed two thousand dollars 2 ($2,000), or by both that imprisonment and fine. 3 (2) Any person who willfully wears or uses any badge that 4 falsely purports to be authorized for the use of one who by law is 5 given the authority of an officer or member of a fire department, 6 or a deputy state fire marshal, or which so resembles the authorized 7 badge of an officer or member of a fire department, or a deputy 8 state fire marshal as would deceive any ordinary reasonable person 9 into believing that it is authorized for the use of one who by law 10 is given the authority of an officer or member of a fire department 11 or a deputy state fire marshal, for the purpose of fraudulently 12 impersonating an officer or member of a fire department, or a 13 deputy state fire marshal, or of fraudulently inducing the belief 14 that they are an officer or member of a fire department, or a deputy 15 state fire marshal, is guilty of a misdemeanor punishable by 16 imprisonment in a county jail not to exceed one year, by a fine not 17 to exceed two thousand dollars ($2,000), or by both that 18 imprisonment and fine. 19 (c) Any person who willfully wears, exhibits, or uses, or who 20 willfully makes, sells, loans, gives, or transfers to another, any 21 badge, insignia, emblem, device, or any label, certificate, card, or 22 writing, which falsely purports to be authorized for the use of one 23 who by law is given the authority of an officer, or member of a 24 fire department or a deputy state fire marshal, or which so 25 resembles the authorized badge, insignia, emblem, device, label, 26 certificate, card, or writing of an officer or member of a fire 27 department or a deputy state fire marshal as would deceive an 28 ordinary reasonable person into believing that it is authorized for 29 use by an officer or member of a fire department or a deputy state 30 fire marshal, is guilty of a misdemeanor, except that any person 31 who makes or sells any badge under the circumstances described 32 in this subdivision is guilty of a misdemeanor punishable by a fine 33 not to exceed fifteen thousand dollars ($15,000). 34 (d) Any person who, for the purpose of selling, leasing or 35 otherwise disposing of merchandise, supplies or equipment used 36 in fire prevention or suppression, falsely represents, in any manner 37 whatsoever, to any other person that they are a fire marshal, fire 38 inspector or member of a fire department, or that they have the 39 approval, endorsement or authorization of any fire marshal, fire 99 Packet Pg. 55 SB 264 3.d 1 inspector or fire department, or member thereof, is guilty of a 2 misdemeanor. 3 (e) Any person convicted of violating subdivision (a), (b), (c), 4 or (d) during a state of emergency or local emergency, as defined 5 in Section 463, shall be punished either by imprisonment in a 6 county jail not to exceed one year, by a fine not to exceed two 7 thousand dollars ($2, 000), or by both that imprisonment and fine, 8 or by imprisonment pursuant to subdivision (h) of Section 1170 9 and by a fine not to exceed ten thousand dollars ($10, 000). 10 (-e) 11 (f) (1) Vendors of uniforms shall verify that a person purchasing 12 a uniform identifying a firefighting agency or department is an 13 employee or authorized member of the agency or department 14 identified on the uniform. Examination of a valid photo 15 identification card issued by a firefighting agency or department 16 that designates the person as an employee or authorized member 17 of the agency or department identified on the uniform shall be 18 sufficient verification. 19 (2) If a person purchasing a uniform does not have a valid photo 20 identification card issued by a firefighting agency or department, 21 the person shall present an official letter of authorization from the 22 firefighting agency or department designating that person as an 23 employee or authorized member of the agency or department. The 24 person shall also present a government issued photo identification 25 card bearing the same name as listed in the letter of authorization 26 issued by the agency or department. 27 (3) Any uniform vendor who sells a uniform identifying a 28 firefighting agency or department without verifying that the 29 purchaser is an employee or authorized member of the agency or 30 department is guilty of a misdemeanor, punishable by a fine of not 31 more than one thousand dollars ($1,000). 32 (4) This subdivision shall not apply if the uniform is to be used 33 solely as a prop for a motion picture, television, video production, 34 or a theatrical event, and prior written permission has been obtained 35 from the identified firefighting agency or department. 36 () 37 (g) This section shall not apply to either of the following: 38 (1) Use of a badge solely as a prop for a motion picture, 39 television, or video production, or an entertainment or theatrical 40 event. 99 Packet Pg. 56 — 7 — SB 264 3.d 1 (2) A badge supplied by a recognized employee organization 2 as defined in Section 3501 of the Government Code representing 3 firefighters or a state or international organization to which it is 4 affiliated. 5 SEC. 3. No reimbursement is required by this act pursuant to 6 Section 6 of Article XIIIB of the California Constitution because 7 the only costs that may be incurred by a local agency or school 8 district will be incurred because this act creates a new crime or 9 infraction, eliminates a crime or infraction, or changes the penalty 10 for a crime or infraction, within the meaning of Section 17556 of 11 the Government Code, or changes the definition of a crime within 12 the meaning of Section 6 of Article XIII B of the California 13 Constitution. X 99 Packet Pg. 57 3.e SENATE BILL No. 265 Introduced by Senator Valladares (Coauthors: Senators Alvarado -Gil, Choi, Dahle, Grove, Hurtado, Jones, Niello, Ochoa Bogh, and Seyarto) (Coauthors: Assembly Members Alanis, Chen, Davies, Gallagher, Sanchez, and Wallis) February 3, 2025 An act to amend Section 463 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST SB 265, as introduced, Valladares. Crimes: looting. Existing law defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law defines burglary of the first degree as any burglary of an inhabited building and makes burglary of the first degree punishable by imprisonment in the state prison for 2, 4, or 6 years. Existing law defines all other burglary as burglary of the 2nd degree and makes it punishable by imprisonment in the county jail for one year or as a felony. Existing law defines any 2nd degree burglary during and within an affected county in a state of emergency or local emergency, as specified, as looting, punishable by either imprisonment in a county jail for one year or as a felony. This bill would make that crime punishable instead as a felony. By increasing the punishment of a crime, this bill would impose a state -mandated local program. 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. 99 Packet Pg. 58 SB 265 —2— 3.e This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 463 of the Penal Code is amended to 2 read: 3 463. (a) (1) Every person who violates Section 459, 4 punishable as a second-degree burglary pursuant to subdivision 5 (b) of Section 461, during and within an affected county in a "state 6 of emergency" or a "local emergency," or under an "evacuation 7 order," resulting from an earthquake, fire, flood, riot, or other 8 natural or manmade disaster shall be guilty of the crime of looting, 9 punishable by imprisonment in a eounty jail for one year o 10 pursuant to subdivision (h) of Section 1170. Any person convicted 11 under this subdivision who is eligible for probation and who is 12 granted probation shall, as a condition thereof, be confined in a 13 county jail for at least 180 days, except that the court may, in the 14 case where the interest of justice would best be served, reduce or 15 eliminate that mandatory jail sentence, if the court specifies on the 16 record and enters into the minutes the circumstances indicating 17 that the interest of justice would best be served by that disposition. 18 In addition to whatever custody is ordered, the court, in its 19 discretion, may require any person granted probation following 20 conviction under this subdivision to serve up to 240 hours of 21 community service in any program deemed appropriate by the 22 court, including any program created to rebuild the community. 23 F-of 24 (2) For purposes of this subdivision, the fact that the structure 25 entered has been damaged by the earthquake, fire, flood, or other 26 natural or manmade disaster shall not, in and of itself, preclude 27 conviction. 28 (b) Every person who commits the crime of grand theft, as 29 defined in Section 487 or subdivision (a) of Section 487a, except 30 grand theft of a firearm, during and within an affected county in 31 a "state of emergency" or a "local emergency," or under an 32 "evacuation order," resulting from an earthquake, fire, flood, riot, 33 or other natural or unnatural disaster shall be guilty of the crime 99 Packet Pg. 59 — 3 — SB 265 3.e 1 of looting, punishable by imprisonment in a county jail for one 2 year or pursuant to subdivision (h) of Section 1170. Every person 3 who commits the crime of grand theft of a firearm, as defined in 4 Section 487, during and within an affected county in a "state of 5 emergency" or a "local emergency" resulting from an earthquake, 6 fire, flood, riot, or other natural or unnatural disaster shall be guilty 7 of the crime of looting, punishable by imprisonment in the state 8 prison, as set forth in subdivision (a) of Section 489. Any person 9 convicted under this subdivision who is eligible for probation and 10 who is granted probation shall, as a condition thereof, be confined 11 in a county jail for at least 180 days, except that the court may, in 12 the case where the interest of justice would best be served, reduce 13 or eliminate that mandatory jail sentence, if the court specifies on 14 the record and enters into the minutes the circumstances indicating 15 that the interest of justice would best be served by that disposition. 16 In addition to whatever custody is ordered, the court, in its 17 discretion, may require any person granted probation following 18 conviction under this subdivision to serve up to 160 hours of 19 community service in any program deemed appropriate by the 20 court, including any program created to rebuild the community. 21 (c) Every person who commits the crime of petty theft, as 22 defined in Section 488, during and within an affected county in a 23 "state of emergency" or a "local emergency," or under an 24 "evacuation order," resulting from an earthquake, fire, flood, riot, 25 or other natural or manmade disaster shall be guilty of a 26 misdemeanor, punishable by imprisonment in a county jail for six 27 months. Any person convicted under this subdivision who is 28 eligible for probation and who is granted probation shall, as a 29 condition thereof, be confined in a county jail for at least 90 days, 30 except that the court may, in the case where the interest of justice 31 would best be served, reduce or eliminate that mandatory minimum 32 jail sentence, if the court specifies on the record and enters into 33 the minutes the circumstances indicating that the interest of justice 34 would best be served by that disposition. In addition to whatever 35 custody is ordered, the court, in its discretion, may require any 36 person granted probation following conviction under this 37 subdivision to serve up to 80 hours of community service in any 38 program deemed appropriate by the court, including any program 39 created to rebuild the community. 99 Packet Pg. 60 SB 265 — 4 — 3.e 1 (d) (1) For purposes of this section, "state of emergency" means 2 conditions that, by reason of their magnitude, are, or are likely to 3 be, beyond the control of the services, personnel, equipment, and 4 facilities of any single county, city and county, or city and require 5 the combined forces of a mutual aid region or regions to combat. 6 (2) For purposes of this section, "local emergency" means 7 conditions that, by reason of their magnitude, are, or are likely to 8 be, beyond the control of the services, personnel, equipment, and 9 facilities of any single county, city and county, or city and require 10 the combined forces of a mutual aid region or regions to combat. 11 (3) For purposes of this section, a "state of emergency" shall 12 exist from the time of the proclamation of the condition of the 13 emergency until terminated pursuant to Section 8629 of the 14 Government Code. For purposes of this section only, a "local 15 emergency" shall exist from the time of the proclamation of the 16 condition of the emergency by the local governing body until 17 terminated pursuant to Section 8630 of the Government Code. 18 (4) For purposes of this section, "evacuation order" means an 19 order from the Governor, or a county sheriff, chief of police, or 20 fire marshal, under which persons subject to the order are required 21 to relocate outside of the geographic area covered by the order due 22 to an imminent danger resulting from an earthquake, fire, flood, 23 riot, or other natural or manmade disaster. 24 (5) Consensual entry into a commercial structure with the intent 25 to commit a violation of Section 470, 476, 476a, 484f, or 484g 26 shall not be charged as a violation under this section. 27 SEC. 2. No reimbursement is required by this act pursuant to 28 Section 6 of Article XIIIB of the California Constitution because 29 the only costs that may be incurred by a local agency or school 30 district will be incurred because this act creates a new crime or 31 infraction, eliminates a crime or infraction, or changes the penalty 32 for a crime or infraction, within the meaning of Section 17556 of 33 the Government Code, or changes the definition of a crime within 34 the meaning of Section 6 of Article XIII B of the California 35 Constitution. X 99 Packet Pg. 61