Vehicles: towing and impoundment: unlicensed drivers.

(1) Existing law authorizes a peace officer to impound for 30 days a vehicle driven by a person who had never been issued a driver's license. Existing law subjects to forfeiture, and requires the impoundment of, a vehicle driven by an unlicensed driver who is a registered owner of the vehicle and who has a previous misdemeanor conviction of operating a vehicle without a driver's license. This bill would prohibit a peace officer from towing and impounding, or causing the towing and impoundment of, a vehicle driven by a person who does not have a valid driver's license, as specified, if the vehicle is, or could be, legally parked at a location near the scene of the traffic stop or if control of the vehicle is, or could be, relinquished to a licensed driver. If a licensed driver is not present at the time of the traffic stop, the bill would require the peace officer to inform the driver that the vehicle will not be towed and impounded if a licensed driver can retrieve the vehicle within a reasonable amount of time of the traffic stop. The bill would require a peace officer to obtain the approval of a supervisory officer before the towing and impoundment of a vehicle subject to these provisions. By requiring a higher level of service by a local law enforcement agency, this bill would impose a state-mandated local program. The bill would require the release of the impounded vehicle upon the presentation of the registered owner's, or his or her agent's, currently valid driver's license and proof of current vehicle registration, or upon order of a court. This bill would also make conforming changes. (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.