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 re gularly employed and salaried emplo yee, who is eng aged in directing traffic or enforcing parking la ws and re gulations, of a city , county , or jurisdiction of a state agenc y in which a v ehicle is located, to remo ve 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 highw ay 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 v ehicle 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 f ailure to pay or f ailure 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 e xisting la w, a v ehicle that has been remo ved and impounded under those circumstances that is not released may be subject to a lien sale to compensate for the costs of to wage and for caring for and keeping safe the vehicle.
99 This bill w ould 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 la ws and regulations, of a city, county, or jurisdiction of a state agenc y in which a v ehicle is located, to remo ve a vehicle from an off-street parking facility located within the territorial limits in which the officer or emplo yee may act, when the v ehicle 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 an y vehicle is illegally parked so as to prevent the movement of a legally parked vehicle. Existing law authorizes the v ehicle to be impounded until the o wner or person in control of the v ehicle furnishes to the impounding la w 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, e xisting la w authorizes the impounding la w enforcement agency to, in its discretion, issue a notice to appear for the of fenses 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 tak en without unnecessary delay before a magistrate within the county in which the of fenses charged are alle ged to ha ve been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the v ehicle 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 re gularly 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 — 2 — AB 1022
lands and it is known to have been issued 5 or more notices of parking violations that are delinquent because the o wner 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 la w 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 the y can be located and furnishes satisf actory evidence that the full amount of parking penalties been deposited for all notices of parking violation issued for the v ehicle and an y other vehicle registered to the re gistered owner of the immobilized v ehicle 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:
line 1 SECTION 1. Section 22651 of the Vehicle Code is amended line 2 to read:
line 3 22651. A peace officer, as defined in Chapter 4.5 (commencing line 4 with Section 830) of Title 3 of P art 2 of the Penal Code, or a line 5 regularly emplo yed and salaried emplo yee who is eng aged in line 6 directing traffic or enforcing parking la ws and re gulations of a line 7 city, county, or jurisdiction of a state agency in which a vehicle is line 8 located may remove a vehicle located within the territorial limits line 9 in which the officer or emplo yee may act, under the follo wing line 10 circumstances:
line 11 (a) If a v ehicle is left unattended upon a bridge, viaduct, or line 12 causeway or in a tube or tunnel where the v ehicle constitutes an line 13 obstruction to traffic.
line 14 (b) If a vehicle is parked or left standing upon a highw ay in a line 15 position so as to obstruct the normal mo vement of traffic or in a line 16 condition so as to create a hazard to other traffic upon the highway. line 17 (c) If a vehicle is found upon a highw ay or public land and a line 18 report has pre viously been made that the v ehicle is stolen or a 99 AB 1022 — 3 —
line 1 complaint has been filed and a warrant thereon is issued charging line 2 that the vehicle was embezzled.
line 3 (d) If a vehicle is illegally parked so as to block the entrance to line 4 a private driveway, and it is impractical to move the vehicle from line 5 in front of the driveway to another point on the highway. line 6 (e) If a v ehicle is ille gally parked so as to pre vent access by line 7 firefighting equipment to a fire hydrant, and it is impracticable to line 8 move the vehicle from in front of the fire hydrant to another point line 9 on the highway.
line 10 (f) If a v ehicle, except highway maintenance or construction line 11 equipment, is stopped, parked, or left standing for more than four line 12 hours upon the right-of-way of a freeway that has full control of line 13 access and no crossings at grade, and the driver, if present, cannot line 14 move the vehicle under its own power.
line 15 (g) If the person in charge of a vehicle upon a highway or public line 16 land is, by reason of ph ysical injuries or illness, incapacitated to line 17 an extent so as to be unable to provide for its custody or removal. line 18 (h) (1) If an officer arrests a person dri ving or in control of a line 19 vehicle for an alle ged offense, and the officer is, by this code or line 20 other law, required or permitted to tak e, and, except as provided line 21 in Section 23109.3, does take, the person into custody. line 22 (2) If an officer serv es a notice of an order of suspension or line 23 revocation pursuant to Section 13388 or 13389.
line 24 (i) (1) If Until January 1, 2026, if a vehicle, other than a rented line 25 vehicle, is found upon a highw ay or public land, or is remo ved line 26 pursuant to this code, and it is kno wn that the v ehicle has been line 27 issued fiv e or more notices of parking violations to which the line 28 owner or person in control of the vehicle has not responded within line 29 21 calendar days of notice of citation issuance or citation issuance line 30 or 14 calendar days of the mailing of a notice of delinquent parking line 31 violation to the agenc y responsible for processing notices of line 32 parking violations, or the registered owner of the vehicle is known line 33 to have been issued five or more notices for failure to pay or failure line 34 to appear in court for traffic violations for which a certificate has line 35 not been issued by the magistrate or clerk of the court hearing the line 36 case showing that the case has been adjudicated or concerning line 37 which the registered owner’s record has not been cleared pursuant line 38 to Chapter 6 (commencing with Section 41500) of Di vision 17, line 39 the vehicle may be impounded until that person furnishes to the line 40 impounding law enforcement agency all of the following:
99 — 4 — AB 1022
line 1 (A) Evidence of their identity.
line 2 (B) An address within this state where they can be located. line 3 (C) Satisfactory evidence that all parking penalties due for the line 4 vehicle and all other vehicles registered to the registered owner of line 5 the impounded vehicle and all traffic violations of the re gistered line 6 owner have been cleared.
line 7 (2) The requirements in subparagraph (C) of paragraph (1) shall line 8 be fully enforced by the impounding law enforcement agency on line 9 and after the time that the Department of Motor Vehicles is able line 10 to provide access to the necessary records.
line 11 (3) A notice of parking violation issued for an unlawfully parked line 12 vehicle shall be accompanied by a warning that repeated violations line 13 may result in the impounding of the vehicle. In lieu of furnishing line 14 satisfactory evidence that the full amount of parking penalties or line 15 bail has been deposited, that person may demand to be tak en line 16 without unnecessary delay before a magistrate, for traffic offenses, line 17 or a hearing e xaminer, for parking of fenses, within the county line 18 where the of fenses charged are alle ged to ha ve been committed line 19 and who has jurisdiction of the of fenses and is nearest or most line 20 accessible with reference to the place where the v ehicle is line 21 impounded. Evidence of current re gistration shall be produced line 22 after a v ehicle has been impounded, or , at the discretion of the line 23 impounding la w enforcement agenc y, a notice to appear for line 24 violation of subdivision (a) of Section 4000 shall be issued to that line 25 person.
line 26 (4) A vehicle shall be released to the legal owner, as defined in line 27 Section 370, if the legal owner does all of the following:
line 28 (A) Pays the cost of towing and storing the vehicle. line 29 (B) Submits evidence of payment of fees as provided in Section line 30 9561.
line 31 (C) Completes an affida vit in a form acceptable to the line 32 impounding law enforcement agency stating that the vehicle was line 33 not in possession of the le gal owner at the time of occurrence of line 34 the offenses relating to standing or parking. A vehicle released to line 35 a legal owner under this subdivision is a repossessed v ehicle for line 36 purposes of disposition or sale. The impounding agency shall have line 37 a lien on any surplus that remains upon sale of the vehicle, to which line 38 the registered owner is or may be entitled, as security for the full line 39 amount of the parking penalties for all notices of parking violations line 40 issued for the v ehicle and for all local administrati ve char ges 99 AB 1022 — 5 —
line 1 imposed pursuant to Section 22850.5. The le gal o wner shall line 2 promptly remit to, and deposit with, the agenc y responsible for line 3 processing notices of parking violations from that surplus, on line 4 receipt of that surplus, the full amount of the parking penalties for line 5 all notices of parking violations issued for the v ehicle and for all line 6 local administrative charges imposed pursuant to Section 22850.5. line 7 (5) The impounding agency that has a lien on the surplus that line 8 remains upon the sale of a vehicle to which a registered owner is line 9 entitled pursuant to paragraph (4) has a deficienc y claim against line 10 the registered owner for the full amount of the parking penalties line 11 for all notices of parking violations issued for the vehicle and for line 12 all local administrati ve char ges imposed pursuant to Section line 13 22850.5, less the amount received from the sale of the vehicle. line 14 (j) If a vehicle is found illegally parked and there are no license line 15 plates or other evidence of registration displayed, the vehicle may line 16 be impounded until the owner or person in control of the v ehicle line 17 furnishes the impounding la w enforcement agenc y evidence of line 18 their identity and an address within this state where the y can be line 19 located.
line 20 (k) If a vehicle is parked or left standing upon a highway for 72 line 21 or more consecuti ve hours in violation of a local ordinance line 22 authorizing removal.
line 23 (l) If a vehicle is illegally parked on a highway in violation of line 24 a local ordinance forbidding standing or parking and the use of a line 25 highway, or a portion thereof, is necessary for the cleaning, repair, line 26 or construction of the highw ay, or for the installation of line 27 underground utilities, and signs giving notice that the vehicle may line 28 be removed are erected or placed at least 24 hours prior to the line 29 removal by a local authority pursuant to the ordinance. line 30 (m) If the use of the highw ay, or a portion of the highw ay, is line 31 authorized by a local authority for a purpose other than the normal line 32 flow of traffic or for the mo vement of equipment, articles, or line 33 structures of unusual size, and the parking of a v ehicle w ould line 34 prohibit or interfere with that use or movement, and signs giving line 35 notice that the v ehicle may be remo ved are erected or placed at line 36 least 24 hours prior to the remo val by a local authority pursuant line 37 to the ordinance.
line 38 (n) Whenever a vehicle is parked or left standing where local line 39 authorities, by resolution or ordinance, ha ve prohibited parking line 40 and have authorized the removal of vehicles. Except as provided 99 — 6 — AB 1022
line 1 in subdivisions (v) and (w), a vehicle shall not be removed unless line 2 signs are posted giving notice of the removal.
line 3 (o) (1) If a vehicle is found or operated upon a highway, public line 4 land, or an of fstreet parking f acility under an y of the follo wing line 5 circumstances:
line 6 (A) (i) With a re gistration e xpiration date in e xcess of six line 7 months before the date it is found or operated on the highw ay, line 8 public lands, or the offstreet parking facility. line 9 (ii) Prior to removing a vehicle pursuant to this subparagraph, line 10 the officer or emplo yee shall verify, using available Department line 11 of Motor Vehicles records, that no current re gistration exists for line 12 the v ehicle. A v ehicle shall not be remo ved pursuant to this line 13 subparagraph if it has a current re gistration on file with the line 14 Department of Motor Vehicles, regardless of whether the vehicle line 15 is in compliance with subdivision (a) of Section 5204. If the officer line 16 or employee does not ha ve immediate access to those records, a line 17 vehicle shall not be removed pursuant to this subparagraph. line 18 (B) Displaying in, or upon, the v ehicle, a re gistration card, line 19 identification card, temporary receipt, license plate, special plate, line 20 registration stick er, de vice issued pursuant to Section 4853, or line 21 permit that w as not issued for that v ehicle or is not otherwise line 22 lawfully used on that vehicle under this code.
line 23 (C) Displaying in, or upon, the v ehicle, an altered, for ged, line 24 counterfeit, or f alsified re gistration card, identification card, line 25 temporary receipt, license plate, special plate, registration sticker, line 26 device issued pursuant to Section 4853, or permit. line 27 (D) (i) The vehicle is operating using autonomous technology, line 28 without the registered owner or manufacturer of the vehicle having line 29 first applied for and obtained a v alid permit that is required to line 30 operate the v ehicle on public roads pursuant to Section 38750, line 31 Article 3.7 (commencing with Section 227.00) of Title 13 of the line 32 California Code of Regulations, and Article 3.8 (commencing with line 33 Section 228.00) of Title 13 of the California Code of Regulations. line 34 (ii) The vehicle is operating using autonomous technology after line 35 the registered owner or person in control of the v ehicle received line 36 notice that the v ehicle’s permit required for the operation of the line 37 vehicle pursuant to Section 38750, Article 3.7 (commencing with line 38 Section 227.00) of Title 13 of the California Code of Regulations, line 39 and Article 3.8 (commencing with Section 228.00) of Title 13 of 99 AB 1022 — 7 —
line 1 the California Code of Re gulations is suspended, terminated, or line 2 revoked.
line 3 (iii) For purposes of this subdi vision, the terms “autonomous line 4 technology” and “autonomous vehicle” have the same meanings line 5 as in Section 38750.
line 6 (iv) This subparagraph does not provide the authority for a peace line 7 officer to stop an autonomous v ehicle solely for the purpose of line 8 determining whether the v ehicle is operating using autonomous line 9 technology without a v alid permit required to operate the line 10 autonomous vehicle on public roads pursuant to Section 38750, line 11 Article 3.7 (commencing with Section 227.00) of Title 13 of the line 12 California Code of Regulations, and Article 3.8 (commencing with line 13 Section 228.00) of Title 13 of the California Code of Regulations. line 14 (2) If a vehicle described in paragraph (1) is occupied, only a line 15 peace officer, as defined in Chapter 4.5 (commencing with Section line 16 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. line 17 (3) For the purposes of this subdi vision, the v ehicle shall be line 18 released under any of the following circumstances:
line 19 (A) If the vehicle has been removed pursuant to subparagraph line 20 (A), (B), or (C) of paragraph (1), to the re gistered owner of, or line 21 person in control of, the v ehicle only after the o wner or person line 22 furnishes the storing law enforcement agency with proof of current line 23 registration and a valid driver’s license to operate the vehicle. line 24 (B) If the vehicle has been removed pursuant to subparagraph line 25 (D) of paragraph (1), to the registered owner of, or person in control line 26 of, the autonomous v ehicle, after the re gistered owner or person line 27 furnishes the storing law enforcement agency with proof of current line 28 registration and a valid driver’s license, if required to operate the line 29 autonomous vehicle, and either of the following:
line 30 (i) Proof of a valid permit required to operate the autonomous line 31 vehicle using autonomous technology on public roads pursuant to line 32 Section 38750, Article 3.7 (commencing with Section 227.00) of line 33 Title 13 of the California Code of Re gulations, and Article 3.8 line 34 (commencing with Section 228.00) of Title 13 of the California line 35 Code of Regulations.
line 36 (ii) A declaration or sworn statement to the Department of Motor line 37 Vehicles that states that the autonomous v ehicle will not be line 38 operated using autonomous technology upon public roads without line 39 first obtaining a v alid permit to operate the v ehicle pursuant to line 40 Section 38750, Article 3.7 (commencing with Section 227.00) of 99 — 8 — AB 1022
line 1 Title 13 of the California Code of Re gulations, and Article 3.8 line 2 (commencing with Section 228.00) of Title 13 of the California line 3 Code of Regulations.
line 4 (C) To the le gal owner or the le gal owner’s agency, without line 5 payment of an y fees, fines, or penalties for parking tick ets or line 6 registration and without proof of current registration, if the vehicle line 7 will only be transported pursuant to the e xemption specified in line 8 Section 4022 and if the legal owner does all of the following:
line 9 (i) Pays the cost of towing and storing the vehicle. line 10 (ii) Completes an affida vit in a form acceptable to the line 11 impounding law enforcement agency stating that the vehicle was line 12 not in possession of the le gal owner at the time of occurrence of line 13 an offense relating to standing or parking. A vehicle released to a line 14 legal owner under this subdi vision is a repossessed v ehicle for line 15 purposes of disposition or sale. The impounding agency has a lien line 16 on any surplus that remains upon sale of the vehicle to which the line 17 registered o wner is or may be entitled, as security for the full line 18 amount of parking penalties for any notices of parking violations line 19 issued for the v ehicle and for all local administrati ve char ges line 20 imposed pursuant to Section 22850.5. Upon receipt of any surplus, line 21 the le gal o wner shall promptly remit to, and deposit with, the line 22 agency responsible for processing notices of parking violations line 23 from that surplus, the full amount of the parking penalties for all line 24 notices of parking violations issued for the vehicle and for all local line 25 administrative charges imposed pursuant to Section 22850.5. line 26 (4) The impounding agency that has a lien on the surplus that line 27 remains upon the sale of a vehicle to which a registered owner is line 28 entitled has a deficiency claim against the registered owner for the line 29 full amount of parking penalties for an y notices of parking line 30 violations issued for the v ehicle and for all local administrati ve line 31 charges imposed pursuant to Section 22850.5, less the amount line 32 received from the sale of the vehicle.
line 33 (5) As used in this subdivision, “offstreet parking facility” means line 34 an offstreet facility held open for use by the public for parking line 35 vehicles and includes a publicly owned facility for offstreet parking line 36 and a privately owned facility for offstreet parking if a fee is not line 37 charged for the privilege to park and it is held open for the common line 38 public use of retail customers.
line 39 (p) If the peace officer issues the driver of a vehicle a notice to line 40 appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 99 AB 1022 — 9 —
line 1 14601.3, 14601.4, 14601.5, or 14604, and the v ehicle is not line 2 impounded pursuant to Section 22655.5. A vehicle so remo ved line 3 from the highw ay or public land, or from pri vate property after line 4 having been on a highway or public land, shall not be released to line 5 the registered owner or their agent, e xcept upon presentation of line 6 the re gistered o wner’s or their agent’ s currently v alid dri ver’s line 7 license to operate the v ehicle and proof of current v ehicle line 8 registration to the impounding la w enforcement agency or upon line 9 order of a court.
line 10 (q) If a vehicle is parked for more than 24 hours on a portion line 11 of highway that is located within the boundaries of a common line 12 interest development, as defined in Section 4100 or 6534 of the line 13 Civil Code, and signs, as required by paragraph (1) of subdivision line 14 (a) of Section 22658 of this code, have been posted on that portion line 15 of highway providing notice to drivers that vehicles parked thereon line 16 for more than 24 hours will be remo ved at the o wner’s expense line 17 pursuant to a resolution or ordinance adopted by the local authority. line 18 (r) If a vehicle is illegally parked and blocks the movement of line 19 a legally parked vehicle.
line 20 (s) (1) If a vehicle, except highway maintenance or construction line 21 equipment, an authorized emergency vehicle, or a vehicle that is line 22 properly permitted or otherwise authorized by the Department of line 23 Transportation, is stopped, parked, or left standing for more than line 24 eight hours within a roadside rest area or viewpoint. line 25 (2) Notwithstanding paragraph (1), if a commercial motor line 26 vehicle, as defined in paragraph (1) of subdivision (b) of Section line 27 15210, is stopped, parked, or left standing for more than 10 hours line 28 within a roadside rest area or viewpoint.
line 29 (3) For purposes of this subdi vision, a roadside rest area or line 30 viewpoint is a publicly maintained vehicle parking area, adjacent line 31 to a highway, utilized for the convenient, safe stopping of a vehicle line 32 to enable motorists to rest or to vie w the scenery. If two or more line 33 roadside rest areas are located on opposite sides of the highw ay, line 34 or upon the center divider, within seven miles of each other, then line 35 that combination of rest areas is considered to be the same rest line 36 area.
line 37 (t) If a peace officer issues a notice to appear for a violation of line 38 Section 25279.
line 39 (u) If a peace officer issues a citation for a violation of Section line 40 11700, and the vehicle is being offered for sale. 99 — 10 — AB 1022
line 1 (v) (1) If a vehicle is a mobile billboard advertising display, as line 2 defined in Section 395.5, and is parked or left standing in violation line 3 of a local resolution or ordinance adopted pursuant to subdivision line 4 (m) of Section 21100, if the re gistered owner of the v ehicle was line 5 previously issued a warning citation for the same offense pursuant line 6 to paragraph (2).
line 7 (2) Notwithstanding subdivision (a) of Section 22507, a city or line 8 county, in lieu of posting signs noticing a local ordinance line 9 prohibiting mobile billboard advertising displays adopted pursuant line 10 to subdivision (m) of Section 21100 may provide notice by issuing line 11 a warning citation advising the registered owner of the vehicle that line 12 they may be subject to penalties upon a subsequent violation of line 13 the ordinance that may include the remo val of the v ehicle as line 14 provided in paragraph (1). A city or county is not required to line 15 provide further notice for a subsequent violation prior to the line 16 enforcement of penalties for a violation of the ordinance. line 17 (w) (1) If a vehicle is parked or left standing in violation of a line 18 local ordinance or resolution adopted pursuant to subdivision (p) line 19 of Section 21100, if the re gistered o wner of the v ehicle w as line 20 previously issued a warning citation for the same offense pursuant line 21 to paragraph (2).
line 22 (2) Notwithstanding subdivision (a) of Section 22507, a city or line 23 county, in lieu of posting signs noticing a local ordinance regulating line 24 advertising signs adopted pursuant to subdi vision (p) of Section line 25 21100 may provide notice by issuing a warning citation advising line 26 the registered owner of the v ehicle that the y may be subject to line 27 penalties upon a subsequent violation of the ordinance that may line 28 include the removal of the v ehicle as provided in paragraph (1). line 29 A city or county is not required to pro vide further notice for a line 30 subsequent violation before the enforcement of penalties for a line 31 violation of the ordinance.
line 32 SEC. 2. Section 22651.3 of the Vehicle Code is amended to line 33 read:
line 34 22651.3. (a) Any peace officer , as that term is defined in line 35 Chapter 4.5 (commencing with Section 830) of Title 3 of P art 2 line 36 of the Penal Code, or an y re gularly emplo yed and salaried line 37 employee, who is engaged in directing traffic or enforcing parking line 38 laws and re gulations, of a city , county, or jurisdiction of a state line 39 agency in which any vehicle, other than a rented vehicle, is located line 40 may remove the vehicle from an offstreet public parking facility 99 AB 1022 — 11 —
line 1 located within the territorial limits in which the officer or employee line 2 may act when the v ehicle is kno wn to ha ve been issued fiv e or line 3 more notices of parking violation o ver a period of fiv e or more line 4 days, to which the o wner or person in control of the v ehicle has line 5 not responded or when an y vehicle is ille gally parked so as to line 6 prevent the movement of a legally parked vehicle. line 7 A notice of parking violation issued to a v ehicle which is line 8 registered in a foreign jurisdiction or is without current California line 9 registration and is known to have been issued five or more notices line 10 of parking violation o ver a period of fiv e or more days shall be line 11 accompanied by a warning that repeated violations may result in line 12 the impounding of the vehicle.
line 13 (b) The vehicle may be impounded until the o wner or person line 14 in control of the v ehicle furnishes to the impounding la w line 15 enforcement agency evidence of his or her identity and an address line 16 within this state at which he or she can be located and furnishes line 17 satisfactory evidence that bail has been deposited for all notices line 18 of parking violation issued for the v ehicle. In lieu of requiring line 19 satisfactory e vidence that the bail has been deposited, the line 20 impounding law enforcement agency may, in its discretion, issue line 21 a notice to appear for the offenses charged, as provided in Article line 22 2 (commencing with Section 40500) of Chapter 2 of Division 17. line 23 In lieu of either furnishing satisfactory evidence that the bail has line 24 been deposited or accepting the notice to appear , the o wner or line 25 person in control of the vehicle may demand to be taken without line 26 unnecessary delay before a magistrate within the county in which line 27 the offenses charged are alleged to have been committed and who line 28 has jurisdiction of the of fenses and is nearest or most accessible line 29 with reference to the place where the vehicle is impounded. line 30 (c) Evidence of current re gistration shall be produced after a line 31 vehicle has been impounded. At the discretion of the impounding line 32 law enforcement agenc y, a notice to appear for violation of line 33 subdivision (a) of Section 4000 may be issued to the o wner or line 34 person in control of the v ehicle, if the tw o days immediately line 35 following the day of impoundment are weekend days or holidays. line 36 SEC. 3. Section 22651.7 of the Vehicle Code is repealed. line 37 22651.7. (a) In addition to, or as an alternative to, removal, a line 38 peace officer, as defined in Chapter 4.5 (commencing with Section line 39 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed line 40 and salaried emplo yee who is eng aged in directing traffic or 99 — 12 — AB 1022
line 1 enforcing parking laws and regulations, of a jurisdiction in which line 2 a v ehicle is located may immobilize the v ehicle with a de vice line 3 designed and manufactured for the immobilization of vehicles, on line 4 a highway or any public lands located within the territorial limits line 5 in which the officer or emplo yee may act if the v ehicle is found line 6 upon a highway or public lands and it is known to have been issued line 7 five or more notices of parking violations that are delinquent line 8 because the o wner or person in control of the v ehicle has not line 9 responded to the agenc y responsible for processing notices of line 10 parking violation within 21 calendar days of notice of citation line 11 issuance or citation issuance or 14 calendar days of the mailing of line 12 a notice of delinquent parking violation, or the re gistered owner line 13 of the vehicle is known to have been issued five or more notices line 14 for failure to pay or failure to appear in court for traffic violations line 15 for which no certificate has been issued by the magistrate or clerk line 16 of the court hearing the case sho wing that the case has been line 17 adjudicated or concerning which the registered owner’s record has line 18 not been cleared pursuant to Chapter 6 (commencing with Section line 19 41500) of Division 17. The vehicle may be immobilized until that line 20 person furnishes to the immobilizing law enforcement agency all line 21 of the following:
line 22 (1) Evidence of his or her identity.
line 23 (2) An address within this state at which he or she can be line 24 located.
line 25 (3) Satisfactory e vidence that the full amount of parking line 26 penalties has been deposited for all notices of parking violation line 27 issued for the v ehicle and an y other v ehicle re gistered to the line 28 registered owner of the immobilized vehicle and that bail has been line 29 deposited for all traffic violations of the registered owner that have line 30 not been cleared. The requirements in this paragraph shall be fully line 31 enforced by the immobilizing law enforcement agency on and after line 32 the time that the Department of Motor Vehicles is able to provide line 33 access to the necessary records. A notice of parking violation issued line 34 to the v ehicle shall be accompanied by a w arning that repeated line 35 violations may result in the impounding or immobilization of the line 36 vehicle. In lieu of furnishing satisf actory evidence that the full line 37 amount of parking penalties or bail, or both, have been deposited line 38 that person may demand to be tak en without unnecessary delay line 39 before a magistrate, for traffic offenses, or a hearing examiner, for line 40 parking offenses, within the county in which the offenses charged 99 AB 1022 — 13 —
line 1 are alleged to have been committed and who has jurisdiction of line 2 the offenses and is nearest or most accessible with reference to the line 3 place where the v ehicle is immobilized. Evidence of current line 4 registration shall be produced after a vehicle has been immobilized line 5 or, at the discretion of the immobilizing law enforcement agency, line 6 a notice to appear for violation of subdivision (a) of Section 4000 line 7 shall be issued to that person.
line 8 (b) A person, other than a person authorized under subdivision line 9 (a), shall not immobilize a vehicle.
line 10 SEC. 4. Section 22851.1 of the Vehicle Code is amended to line 11 read:
line 12 22851.1. (a) If the vehicle is impounded prior to January 1, line 13 2026, pursuant to subdivision (i) of Section 22651 and not released line 14 as provided in that subdivision, the vehicle may be sold pursuant line 15 to this chapter to satisfy the liens specified in Section 22851 and line 16 in subdivision (b) of this section.
line 17 (b) A local authority impounding a v ehicle pursuant to line 18 subdivision (i) of Section 22651 shall have a lien dependent upon line 19 possession by the keeper of the garage for satisfaction of bail for line 20 all outstanding notices of parking violation issued by the local line 21 authority for the v ehicle, when the conditions specified in line 22 subdivision (c) ha ve been met. This lien shall be subordinate in line 23 priority to the lien established by Section 22851, and the proceeds line 24 of any sale shall be applied accordingly. Consistent with this order line 25 of priority, the term “lien,” as used in this article and in Chapter line 26 6.5 (commencing with Section 3067) of Title 14 of P art 4 of line 27 Division 3 of the Ci vil Code, includes a lien imposed by this line 28 subdivision. In an y action brought to perfect the lien, where line 29 required by subdivision (d) of Section 22851.8 of this code, or by line 30 subdivision (d) of Section 3071 or subdivision (d) of Section 3072 line 31 of the Civil Code, it shall be a defense to the recovery of bail that line 32 the owner of the vehicle at the time of impoundment was not the line 33 owner of the vehicle at the time of the parking offense. line 34 (c) A lien shall exist for bail with respect to parking violations line 35 for which no person has answered the char ge in the notice of line 36 parking violation gi ven, or filed an affida vit of nono wnership line 37 pursuant to and within the time specified in subdi vision (b) of line 38 Section 41103.
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99 — 14 — AB 1022