California 2017-2018 Regular Session Status: Enacted

AB 2876 — Vehicles: removal and impound authority.

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

  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 16, 2018. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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

Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officer's criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officer's community caretaking function, such as removing a vehicle to safeguard the vehicle's contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic. This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation.

Bill Text

Action History

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

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 2. Page 7010.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 2. Page 5952.).

  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 ordered to second reading pursuant to Senate Rule 28.8.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 19). Re-referred to Com. on APPR.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

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

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4828.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (April 17).

  19. Referred to Com. on PUB. S.

  20. From printer. May be heard in committee March 19.

  21. Read first time. To print.

Sponsors

  • Jones-Sawyer · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Jones-Sawyer

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 2876 JONES-SAWYER Concurrence in Senate Amendments

Passed 75 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 54202
Democratic 15001
Republican 6000
Total 75203
% of votes cast 94%3%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Not Voting
Medina — Yea
Nazarian — Yea
Steinorth — Yea
Thurmond — Yea
Weber — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Holden — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Kamlager-Dove — Yea
Chau — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Gray — Yea
Mayes — Yea
McCarty — Yea
Melendez — Yea
Chu — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Mullin — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Wood — Yea
Rubio — Yea
Rivas — Yea
Friedman — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Yea
Waldron — Nay
Eggman — Yea
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2876 Jones-Sawyer By Lara

Passed 36 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 31202
Democratic 5000
Total 36202
% of votes cast 90%5%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Yea
Hernandez — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Dodd — Yea
Fuller — Yea
Galgiani — Not Voting
Glazer — Yea
Morrell — Nay
Cannella — Yea
Chang — Yea
Allen — Yea
Mitchell — Yea
Hertzberg — Yea
Atkins — Yea
Portantino — Yea
Hill — Yea
Delgado — Yea
De León — Yea
Beall — Yea
Bradford — Yea
Nielsen — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2876 JONES-SAWYER Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 54003
Democratic 15000
Republican 6000
Total 75003
% of votes cast 96%0%0%4%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Not Voting
Steinorth — Yea
Voepel — Yea
Wood — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Gray — Yea
Harper — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kamlager-Dove — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Eggman — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican 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 2876 do?
Existing law authorizes a peace officer to order the removal and storage of a vehicle under various circumstances including when the driver is incapacitated or has been arrested, the vehicle is unregistered, reported stolen, or has been used in a crime, or the vehicle is parked in a manner obstructing traffic or blocking access to a fire hydrant. Judicial precedent deems the warrantless removal of a vehicle a seizure subject to the protections of the Fourth Amendment of the Constitution of the United States that is permissible only pursuant to a recognized exception to the warrant requirement. Case law permits removal of a vehicle by a peace officer in furtherance of an officer's criminal investigation function, such as removing a vehicle used in a crime for the collection or preservation of evidence, or pursuant to an officer's community caretaking function, such as removing a vehicle to safeguard the vehicle's contents, to ensure the safe flow of traffic, or to remove an illegally parked vehicle or a public nuisance. Case law has held that those statutory authorities that permit the removal of a vehicle when the driver is arrested are based on community caretaking and therefore may only reasonably be relied upon when the removal is reasonably necessary for a community caretaking reason such as safeguarding the vehicle or ensuring the flow of traffic. This bill would clarify that the removal of a vehicle as authorized by California statute is also required to be constitutionally reasonable based on the specific situation.
Who sponsors AB 2876?
AB 2876 is sponsored by Jones-Sawyer.
What is the current status of AB 2876?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2876?
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