California 2011-2012 Regular Session Status: Enacted

AB 353 — Vehicles: checkpoints.

Last action — Chaptered by Secretary of State - Chapter 653, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards and driving-under-the-influence (DUI) offenses. Existing law authorizes a peace officer, whenever the peace officer determines, among other things, that a person was driving a vehicle without ever having been issued a driver's license, to immediately arrest that person and cause the removal and seizure of his or her vehicle for an impoundment period of 30 days, or, if the person is currently without a valid driver's license, to remove the vehicle for a shorter period of time upon issuance of a notice to appear if the registered owner or the registered owner's agent presents a currently valid driver's license and proof of current vehicle registration, or upon order of the court. This bill would require the driver of a motor vehicle to stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop. The bill would, notwithstanding other provisions of law, require that a peace officer or any other authorized person not cause the impoundment of a vehicle at a sobriety checkpoint, established pursuant to these provisions or any other law, if the driver's only offense is, among other offenses, the failure to hold a valid driver's license. The bill would require, during the conduct of a sobriety checkpoint, a law enforcement officer to make a reasonable attempt to identify the registered owner of the vehicle in order to release the vehicle to the registered owner if he or she is a licensed driver or to a licensed driver authorized by the registered owner. The bill would require that if a notice to appear is issued, the name and driver's license number of the licensed driver to whom the vehicle was released be listed on the officer's copy of the notice to appear issued to the unlicensed driver and would require if a vehicle cannot be released, that the vehicle be removed, as specified. (2) Existing law authorizes a peace officer to either immediately arrest a person and cause the removal and seizure of the vehicle he or she was operating or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle, without the necessity of arresting the person, if the peace officer determines that the person was driving the vehicle while his or her driving privilege was suspended or revoked or without having been issued a license. Existing law subjects a vehicle to forfeiture as a nuisance if it is driven on a highway by a driver with a suspended or revoked license, or by an unlicensed driver, as specified. Existing law requires a vehicle to be impounded for at least 30 days if its driver is unable to produce a valid driver's license, except as specified. The bill would require a vehicle removed pursuant to the provisions of the bill to be released to the registered owner of the vehicle, or the registered owner's agent, as specified, upon a showing of proof of a currently valid driver's license and vehicle registration. Because this bill would expand the duties of local law enforcement officials and the scope of an existing DUI checkpoint program, this bill would impose a state-mandated local program. Because the failure to comply with these provisions would constitute an infraction under the Vehicle Code, the bill would also impose a state-mandated local program, by creating a new crime. (3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 653, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 12. Page 2832.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2134.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.

  12. Re-referred to Com. on PUB. S.

  13. Re-referred to Com. on RLS.

  14. Withdrawn from committee.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  16. Referred to Com. on T. & H.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 8. Page 1820.)

  19. Ordered to third reading.

  20. From inactive file.

  21. Notice of intention to remove from inactive file given by Assembly Member Cedillo.

  22. Ordered to inactive file at the request of Assembly Member Charles Calderon.

  23. Read second time. Ordered to third reading.

  24. From committee: Do pass. (Ayes 13. Noes 2.) (May 4).

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 25). Re-referred to Com. on APPR.

  26. In committee: Set, first hearing. Hearing canceled at the request of author.

  27. Referred to Com. on TRANS.

  28. From printer. May be heard in committee March 13.

  29. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Cedillo

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 353 CEDILLO Concurrence in Senate Amendments

Passed 64 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 631004
Republican 0200
Democratic 1000
Total 641204
% of votes cast 80%15%0%5%
How each member voted (80)
Member Party Vote
Butler — Yea
Carter — Yea
Fong — Yea
Alejo — Yea
Olsen — Yea
Eng — Yea
Fuentes — Yea
Hill — Yea
Huber — Yea
Allen — Yea
Cedillo — Yea
Logue — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Galgiani — Yea
Gordon — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Chesbro — Yea
Nestande — Yea
Nielsen — Yea
Torres — Yea
Yamada — Yea
Gorell — Not Voting
Atkins — Yea
Halderman — Nay
Bonilla — Not Voting
Campos — Yea
Conway — Nay
Davis — Not Voting
Donnelly — Nay
Lara — Yea
Mansoor — Nay
Mendoza — Yea
Monning — Yea
Morrell — Nay
Pan — Yea
Silva — Nay
Furutani — Yea
Gatto — Yea
Portantino — Yea
Hagman — Yea
Skinner — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huffman — Yea
Jeffries — Nay
Knight — Nay
Ma — Yea
Miller — Yea
Norby — Yea
Perea — Yea
Smyth — Yea
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Cook — Yea
Feuer — Yea
Dickinson — Yea
Garrick — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB353 Cedillo By Simitian

Passed 30 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 28603
Democratic 2000
Republican 0100
Total 30703
% of votes cast 75%18%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Harman — Not Voting
Rubio — Yea
Hernandez — Yea
Cannella — Yea
Runner — Not Voting
Huff — Nay
Anderson — Nay
Corbett — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Not Voting
Vargas — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 353 CEDILLO Assembly Third Reading

Passed 55 Yea · 8 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 546017
Democratic 1000
Republican 0200
Total 558017
% of votes cast 69%10%0%21%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Not Voting
Fuentes — Yea
Gatto — Yea
Cedillo — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
Allen — Yea
Logue — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Smyth — Yea
Yamada — Not Voting
Butler — Not Voting
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Eng — Nay
Fletcher — Yea
Galgiani — Yea
Campos — Yea
Garrick — Not Voting
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Carter — Not Voting
Hall — Not Voting
Harkey — Not Voting
Fong — Not Voting
Chesbro — Yea
Ammiano — Yea
Beall — Yea
Donnelly — Nay
Hayashi — Yea
Huffman — Yea
Knight — Yea
Lara — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Not Voting
Silva — Not Voting
Torres — Nay
Wieckowski — Yea
Achadjian — Yea
Alejo — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Nay
Jeffries — Yea
Ma — Yea
Mansoor — Not Voting
Nielsen — Yea
Perea — Yea
Skinner — Yea
Solorio — Not Voting
Swanson — Yea
Valadao — Not Voting
Wagner — Yea
Williams — Not Voting
Feuer — Yea
Davis — Yea
Dickinson — Not Voting
Furutani — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12202
Democratic 1000
Total 13202
% of votes cast 76%12%0%12%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Hill — Yea
Davis — Yea
Nielsen — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Lara — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Not Voting
Norby — Yea
Solorio — Yea
Wagner — Not Voting
Donnelly — Nay
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 11 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11003
Total 11003
% of votes cast 79%0%0%21%
How each member voted (14)
Member Party Vote
Bonilla — Yea
Portantino — Yea
Mitchell — Yea
Miller — Yea
Norby — Not Voting
Achadjian — Yea
Blumenfield — Not Voting
Buchanan — Yea
Jeffries — Yea
Logue — Yea
Solorio — Yea
Eng — Not Voting
Galgiani — Yea
Bonnie Lowenthal — Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 353 do?
(1) Existing law authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards and driving-under-the-influence (DUI) offenses. Existing law authorizes a peace officer, whenever the peace officer determines, among other things, that a person was driving a vehicle without ever having been issued a driver's license, to immediately arrest that person and cause the removal and seizure of his or her vehicle for an impoundment period of 30 days, or, if the person is currently without a valid driver's license, to remove the vehicle for a shorter period of time upon issuance of a notice to appear if the registered owner or the registered owner's agent presents a currently valid driver's license and proof of current vehicle registration, or upon order of the court. This bill would require the driver of a motor vehicle to stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop. The bill would, notwithstanding other provisions of law, require that a peace officer or any other authorized person not cause the impoundment of a vehicle at a sobriety checkpoint, established pursuant to these provisions or any other law, if the driver's only offense is, among other offenses, the failure to hold a valid driver's license. The bill would require, during the conduct of a sobriety checkpoint, a law enforcement officer to make a reasonable attempt to identify the registered owner of the vehicle in order to release the vehicle to the registered owner if he or she is a licensed driver or to a licensed driver authorized by the registered owner. The bill would require that if a notice to appear is issued, the name and driver's license number of the licensed driver to whom the vehicle was released be listed on the officer's copy of the notice to appear issued to the unlicensed driver and would require if a vehicle cannot be released, that the vehicle be removed, as specified. (2) Existing law authorizes a peace officer to either immediately arrest a person and cause the removal and seizure of the vehicle he or she was operating or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle, without the necessity of arresting the person, if the peace officer determines that the person was driving the vehicle while his or her driving privilege was suspended or revoked or without having been issued a license. Existing law subjects a vehicle to forfeiture as a nuisance if it is driven on a highway by a driver with a suspended or revoked license, or by an unlicensed driver, as specified. Existing law requires a vehicle to be impounded for at least 30 days if its driver is unable to produce a valid driver's license, except as specified. The bill would require a vehicle removed pursuant to the provisions of the bill to be released to the registered owner of the vehicle, or the registered owner's agent, as specified, upon a showing of proof of a currently valid driver's license and vehicle registration. Because this bill would expand the duties of local law enforcement officials and the scope of an existing DUI checkpoint program, this bill would impose a state-mandated local program. Because the failure to comply with these provisions would constitute an infraction under the Vehicle Code, the bill would also impose a state-mandated local program, by creating a new crime. (3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 353?
AB 353 is sponsored by Cedillo and Travis Allen.
What is the current status of AB 353?
This bill has been enacted into law. Introduced February 10, 2011. Enacted.
Where can I track AB 353?
Track AB 353 free on One Click Politics — get push/email alerts when it moves.

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