Vehicles: motor vehicle sideshows.

Existing law makes it a crime to engage in a motor vehicle speed contest on a highway, reckless driving on a highway, reckless driving in an offstreet parking facility, or an exhibition of speed on a highway. Existing law allows a peace officer to arrest a person and seize the motor vehicle of the person if the peace officer determines that the person was engaged in these activities. Existing law allows a vehicle seized for these purposes to be impounded for up to 30 days. This bill would make it a crime, subject to specified penalties, to actively participate in, or aid or abet, a motor vehicle sideshow, defined as an event in which 2 or more persons block or impede traffic on a highway or other public place open to vehicle traffic, or access private property without the consent of the owner, operator, or agent thereof, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. By creating a new crime, this bill would impose a state-mandated local program. The bill would require a magistrate presented with an affidavit of a peace officer establishing reasonable cause to believe that a vehicle was an instrumentality used in the peace officer's presence in a motor vehicle sideshow to issue a warrant or order authorizing a peace officer to immediately seize and cause the removal of the vehicle. The bill would allow the vehicle to be impounded for a period not to exceed 30 days, subject to a poststorage hearing, as provided. The bill would also allow the vehicle to be released prior to the conclusion of the 30-day impoundment period without the need to obtain authorization from the magistrate under certain circumstances, as provided. The bill would make it a misdemeanor for a legal owner who gains possession of the vehicle to release the vehicle to a registered owner prior to the 30-day impoundment period, as specified. By creating a new crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.