AB1022 - Authority to remove vehicles.

CALIFORNIA LEGISLATURE— 2025–2026 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. This bill would remove the authority of a peace officer or public employee, as appropriate, to remove a vehicle under the above-described circumstances, and make conforming changes. Existing law similarly authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle from an off-street parking facility located within the territorial limits in which the officer or employee may act, when the vehicle is known to have been issued 5 or more notices of parking violation over a period of 5 or more days, to which the owner or person in control of the vehicle has not responded or when any vehicle is illegally parked so as to prevent the movement of a legally parked vehicle. Existing law authorizes the vehicle to be impounded until the owner or person in control of the vehicle furnishes to the impounding law enforcement agency evidence of their identity and an address within this state at which they can be located and furnishes satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle. In lieu of requiring satisfactory evidence that the bail has been deposited, existing law authorizes the impounding law enforcement agency to, in its discretion, issue a notice to appear for the offenses charged, as specified. In lieu of either furnishing satisfactory evidence that the bail has been deposited or accepting the notice to appear, existing law authorizes the owner or person in control of the vehicle to demand to be taken without unnecessary delay before a magistrate within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. This bill would delete the authorization to remove a vehicle from an off-street parking facility when the vehicle is known to have been issued 5 or more notices of parking violation over a period of 5 or more days, to which the owner or person in control of the vehicle has not responded. The bill would also delete the impounding provisions described above. Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of the jurisdiction in which a vehicle is located, to immobilize the vehicle that is located on a highway or public lands located within the territorial limits in which the officer or employee may act, if the vehicle is found upon a highway or public lands and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within designated time periods, or the registered owner of the vehicle is known to have been issued 5 or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case, as specified. Existing law authorizes the vehicle to be immobilized until the person furnishes to the immobilizing law enforcement agency evidence of their identity and an address within this state at which they can be located and furnishes satisfactory evidence that the full amount of parking penalties been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. This bill would delete that provision. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 22651 of the Vehicle Code is amended to read: 22651. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, 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 may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances: (a) If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic. (b) If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway. (c) If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled. (d) If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway. (e) If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway. (f) If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power. (g) If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal. (h) (1) If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and, except as provided in Section 23109.3, does take, the person into custody. (2) If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389. (i) (1) If Until January 1, 2026, if a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five 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 showing that the case has been adjudicated or concerning which the registered owner’s record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following: (A) Evidence of their identity. (B) An address within this state where they can be located. (C) Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared. (2) The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. (3) A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where 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. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person. (4) A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following: (A) Pays the cost of towing and storing the vehicle. (B) Submits evidence of payment of fees as provided in Section 9561. (C) Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. (5) The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle. (j) If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located. (k) If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal. (l) If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance. (m) If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance. (n) Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal. (o) (1) If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances: (A) (i) With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility. (ii) Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph. (B) Displaying in, o [Text truncated for display. Full text available on Congress.gov.]