CONSENT CALENDAR Agenda Item No. : 8a CC Mtg. : 5/10/2005

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1 CONSENT CALENDAR Agenda Item No. : 8a CC Mtg. : 5/10/2005 DATE : May 10, 2005 TO : FROM : SUBJECT : Mayor and City Council Members Police & Fire Departments RESOLUTION No A RESOLUTION SUPPORTING A DUI DRIVER VEHICLE IMPOUND PILOT PROGRAM - SENATE BILL No. 547 BACKGROUND / ISSUE As a national problem, Driving Under the Influence (DUI) has decreased greatly over the last 20 years. However, over the last five years impaired driving rates have risen both nationally and locally. The state has experienced a 32% increase in persons killed in alcohol-involved collisions since In 2002, Sacramento experienced 1,028 alcohol-involved fatal and injury collisions. Repeat offenders account for one-third of the drivers in fatal alcohol-involved collisions. The data estimates that a person drives 300-2,000 times while drunk prior to being arrested. Society has tried to address the DUI problem through penalties, education programs, rehabilitation, treatment and sanctions such as vehicle impounds. Vehicle impounds have resulted in reduced recidivism of 50% while the vehicle was impounded and 20% after the vehicle was returned. However, existing state law does not provide for impoundment on a first offense. With a lack of intensive intervention from law enforcement, the community has lost the message that DUI is risky behavior with substantial consequences. For youth, the message is even longer out of date. More needs to be done to increase the chances of being caught ; establish consequences that are substantial, tangible and immediate; establish partnerships ; and to raise public awareness and knowledge about the nature and extent of the problem. The proposed solution is a partnership among the two primary trauma centers (Mercy San Juan and UC Medical Center), the California Highway Patrol, local law enforcement, and Project Help, a community anti-drug coalition, to reduce DUI in Sacramento County. The two trauma centers will work with CHP and local law enforcement to saturate the community with DUI interventions (roving and checkpoints). A media campaign will increase public awareness of the increased enforcement efforts to deter DUI. With ongoing media attention, law enforcement will initiate DUI stops and test suspected impaired drivers

2 Contingent upon legal authority to do so, law enforcement will impound and hold for 30 days the vehicle of any driver who tests above the legal limit. This component of the effort may require local or state advocacy with regard to first offenders, and this project is contingent upon clear legal authority for that component. In addition, impaired drivers will receive an alcohol screening/assessment and be referred to treatment centers including patient follow-up. POLICY / RULE The City Council has the authority to endorse proposed legislation by Resolution. ANALYSIS The City and County of Sacramento has supported the efforts of Dr. Leon Owens, Head of Mercy San Juan Trauma Center, to seek enactment of state legislation to authorize a Pilot Program within Sacramento County which would amend the California Vehicle Code to permit law enforcement officers to direct the tow and impoundment (for up to 30 days) of vehicles driven by persons under the influence. The vehicle would be impounded at the time of arrest rather than after conviction. Dr. Owens has secured the authorship of SB547 by Senator Dave Cox with Senator's Tom Torlakson and David Jones as co-authors. Elected and Law Enforcement representatives within the County of Sacramento have requested that the Folsom City Council join with them in supporting the adoption of Senate Bill No. 547 (DUI Vehicle Impoundment Upon Arrest) through resolution. ENIVRONMENTAL REVIEW This report concerns administrative activities that will not have any significant effect on the environment, and do not constitute a "project" as defined by the California Environmental Quality Act (CEQA) [CEQA Guidelines Sections 15061(b)93) ; 15378(b)]. FISCAL IMPACT This Pilot Program will not result in any financial impact to the city. ATTACHMENT 1. Resolution No A Resolution Supporting A DUI Driver Vehicle Impound Pilot Program - Senate Bill No Senate Bill Amendments to Senate Bill

3 RECOMMENDATION / CITY COUNCIL ACTION The Police Department recommends that the City Council adopt Resolution No. 7 5 h 1 - A Resolution Supporting A DUI Driver Vehicle Impound Pilot Program - Senate Bill No Submitted, Sam L. Spiege, HIEF O r PO ICE Eric Dutton, IRE CHIEF

4 i Attachment 1 Resolution Resolution Supporting a DUI Driver Vehicle Impound Pilot Program -- Senate Bill No

5 RESOLUTION NO A RESOLUTION SUPPORTING A DUI DRIVER VEHICLE IMPOUND PILOT PROGRAM - SENATE BILL No. 547 WHEREAS, the City Council recognizes that Driving Under the Influence of Alcohol/Drugs has resulted in a 32% increase in persons killed in California in alcoholinvolved collisions since 1998 ; and, WHEREAS, the City Council recognizes that vehicle impounds result in a 50% decrease in recidivism while the DUI offenders vehicle is impounded; and, WHEREAS, Senate Bill 547 has been introduced in the California Legislature to implement a Pilot Program in Sacramento County that will permit the impoundment of a DUI drivers vehicle at the time of arrest; and, WHEREAS, the adoption and implementation of this Pilot Program could result in safer streets within the Folsom community ; and, WHEREAS, this Pilot Program will further traffic safety efforts of the Folsom Police Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby supports the adoption and implementation of Senate Bill No DUI Vehicle Impoundment Upon Arrest. vote : AYES : NOES : PASSED AND ADOPTED this 10th day of May 2005, by the following role call Council Members(s) Council Members(s) ABSENT : ABSTAIN : Council Members(s) Council Members (s) Stephen E. Miklos, MAYOR ATTEST : Christa Schmidt, CITY CLERK

6 Attachment 2 Senate Bill No

7 SB 547 Senate Bill - INTRODUCED Page 1 of 2 BILL NUMBER : SB 547 INTRODUCED BILL TEXT INTRODUCED BY (Coauthor : Senator Cox Assembly Member Jones) FEBRUARY 18, 2005 An act to add and repeal section of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 547, as introduced, Cox. Vehicles : driving-under-the-influence (DUI) : probation vehicle impoundment. (1) Existing law authorizes a court to order the impoundment of a person's vehicle when the person has been convicted of violating certain provisions prohibiting driving a vehicle while under the influence of alcohol or any drug, or a combination of those, if the conviction occurs within 5 years of a prior DUI conviction. This bill establish a pilot program in Sacramento County that would require, until January 1, 2009, a court to order the impoundment of a person's vehicle if the court grants probation for a first-time DUI offense and imposes as a condition of probation that the person enroll in, participate in, and successfully complete a licensed DUI program. To the extent that this requirement would impose additional duties on the county, the bill would establish a state-mandated local program. (2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote : majority. Appropriation : no. Fiscal committee yes. State-mandated local program yes.. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS : SECTION 1. Section is added to the Vehicle Code, to read : (a) If a court grants probation under Section and imposes as a condition of probation that the driver enroll in, participate in, and successfully complete a program licensed under Section of the Health and Safety Code, the court shall also order the impoundment of the person's vehicle for 30 days.(b) On or before January 1, 2009, the county shall report to the Legislature regarding the effectiveness of the pilot program authorized under this section in reducing the number of first-time violations and repeat offenses of Section in the county. (c) This section applies only to the County of Sacramento. (d) This section shall remain operative only until January 1, http ://info.sen.ca.gov/pub/bill/sen/sb /sb 547 bill introduced.htmi 4/19/

8 SB 547 Senate Bill - INTRODUCED Page 2 of (e) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. http ://info.sen.ca.gov/pub/bill/sen/sb /sb 547-bill introduced.html 4/19/

9 Attachment 3 Amendments to Senate Bill No

10 SB 547 Senate Bill - AMENDED Page 1 of 4 BILL NUMBER : SB 547 AMENDED BILL TEXT AMENDED IN SENATE MARCH 29, 2005 INTRODUCED BY Senator Cox (Coauthor : Senator Torlakson ) (Coauthor : Assembly Member Jones) FEBRUARY 18, 2005 An act to add and repeal Section _Z_2.~ of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 547, as amended, Cox. Vehicles : driving-under-the-influence vehicle impoundment. (1) Existing law authorizes a court to order the impoundment of a person's vehicle when the person has been convicted of violating certain provisions prohibiting driving a vehicle while under the influence of alcohol or any drug, or a combination of those 1 ;9 the rzo ati- wit _5yea-6s t a -t ~ e ~LT3 ae v st~ar} Existing law authorizes the removal of a vehicle in accordance with a specified procedure when a peace officer undertakes the arrest of a person who was driving or in control of a vehicle, for an alleged public offense and the officer is required or authorized to take the person into custody, and does take the person into custody. This bill would establish a pilot program in Sacramento County that would authorize, until January l, 2009, a ^su t t~-csdor the impoundment of a person's vehicle i-l the ^ r,% ^ ;t rte.- by a peace officer for a ~~ }-}~^^ DUI offense a" pr- bat"n that the person amr-011 1e, ~ ask}s}~ ate }A, and ~ti~cressta~~~~-caapi te a 3}espsed DV!--F egram that is undertaken in combination with an intervention and a referral of the person to a drug and alcohol treatment program, as specified. The bill would require the county to report to the Legislature regarding the effectiveness of the pilot program, as specified. To the extent that this requirement would impose additional duties on the county, the bill would establish a state-mandated local program. (2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote : majority. Appropriation : no. Fiscal committee : yes. State-mandated local program : yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS : http ://info.sen.ca.gov/pub/bill/sen/sb /sb 547 bill amended-sen.html 4/19/

11 SB 547 Senate Bill - AMENDED Page 2 of Ir-1-4 SECTION l. Section is added to the Vehicle Code, to read : 23~3~3 5 (.a.) Tf a "* 9iautC~ i' +,~ + z Q., part ,.+~ and.. F l l s s:e~~ s m a ~~i++f taat~i a and sa otyrroda, the iamat' ~~ia w 1 -Q crr3s. t.#afia 3 x.~li sime t c.;9 the-z.e ' s zrek s~ e- 3-0-days. -)) (a) (1) Notwithstanding any other provision of law, when a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for an alleged violation of Section or 23153, the peace officer may cause the removal and seizure of the motor vehicle driven by that person in the commission of that offense in accordance with this chapter. (2) A motor vehicle seized under paragraph (1) may be impounded for not more than 30 days. (3) The seizure and impoundment of a motor vehicle under paragraphs (1) and (2) shall be undertaken only if the county participates in a program that combines that seizure and impoundment with an intervention and a referral to a drug and alcohol treatment program immediately upon the arrest of the person described in paragraph (1) or upon the delivery of that person to a medical facility for treatment of any injuries. (b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section (c) (1) Notwithstanding this chapter or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances : (A) If the motor vehicle is a stolen motor vehicle. (B) If the person alleged to have violated Section or was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. (C) If the registered owner of the motor vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation of Section or 23153, or was unaware that the driver was using the vehicle to engage in the unlawful activity described in Section or (D) If the legal owner or registered owner of the motor vehicle is a rental car agency. (E) if, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court (2) A motor vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver's license to operate the vehicle and proof of current vehicle registration, or if ordered by a court. (3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment http ://info.sen.ca.gov/pub/bill/sen/sb /sb 547 bill amended sen.html 4/19/

12 SB 547 Senate Bill - AMENDED Page 3 of 4 period, neither the person charged with a violation of section or nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges. (d) A motor vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner's agent, on or before the 30th day of impoundment if all of the following conditions are met : (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (2) The legal owner or the legal owner's agent pays all towing and storage fees related to the impoundment of the vehicle. Lien sale processing fees shall not be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (3) The legal owner or the legal owner's agent presents foreclosure documents or an affidavit of repossession for the vehicle. (e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section (2) Notwithstanding paragraph (1), if the person is convicted of a violation of Section or and was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for towing and storage charges related to the impoundment, and administrative charges authorized under Section incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges. (3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section that were incurred by the rental car agency in connection with obtaining possession of the vehicle. (4) The owner is not liable for towing and storage charges related to the impoundment if acquittal or dismissal occurs. (5) The vehicle may not be sold prior to the defendant's conviction. (6) (A) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). (B) Notwithstanding subparagraph (A), nothing shall prohibit an impounding agency from making prior payment arrangements to satisfy the requirement described in subparagraph (A). (f) On or before January 1, 2009, the county shall report to the Legislature regarding the effectiveness of the pilot program authorized under this section in reducing the number of first-time violations and repeat offenses of Section or in the county. (=-'r (g) This section applies only to the County of Sacramento. -'egw http ://info.sen.ca.gov/pub/bill/sen/sb /sb 547-bill amended sen.html 4/19/

13 SB 547 Senate Bill - AMENDED Page 4 of 4 (h) This section shall remain operative only until January 1, (i) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. http ://info.sen.ca.gov/pub/bill/sen/sb /sb 547 bill amended sen.html 4/19/

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