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CA AB2876

Bill

Status

Passed

9/20/2018

Primary Sponsor

Reginald Jones-Sawyer

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Amends Vehicle Code Section 22650 to clarify that vehicle removal by peace officers is a Fourth Amendment seizure and must be constitutionally reasonable based on the specific situation.

  • Establishes that removals based on community caretaking authority are only reasonable if necessary to achieve the community caretaking purpose, such as ensuring safe traffic flow or protecting property from theft or vandalism.

  • Requires law enforcement and other agencies with vehicle removal authority to provide hearings and places the burden on the storing agency to establish the authority for and validity of the removal.

  • Preserves the right of individuals to seek court review of vehicle removals under applicable state law.

Legislative Description

Vehicles: removal and impound authority.

Last Action

Chaptered by Secretary of State - Chapter 592, Statutes of 2018.

9/20/2018

Committee Referrals

Appropriations6/20/2018
Public Safety5/3/2018
Rules4/23/2018
Public Safety3/15/2018

Full Bill Text

No bill text available