Latest bill textAmended version, July 1, 2026 · 1,107 words
Amended IN Assembly July 01, 2026
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Amended IN Assembly June 24, 2026
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Amended IN Senate May 14, 2026
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Amended IN Senate March 25, 2026
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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 1198
Introduced by Senator Menjivar (Coauthors: Senators Archuleta, Richardson, and Stern) (Coauthors: Assembly Members Petrie-Norris Davies, Petrie-Norris, and Schultz)
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February 19, 2026 |
An act to amend Section 23109.2 of, to amend, repeal, and add Section 13200 of, and to add Section 23109.4 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1198, as amended, Menjivar. Vehicles: reckless driving: impoundment.
Under existing law, a court is authorized to suspend the driving privilege of a licensed driver convicted of a violation relating to the speed of vehicles or reckless driving for a period not to exceed 30 days for a first conviction, for a period not to exceed 60 days upon a 2nd conviction, and for a period not to exceed 6 months upon a 3rd or any subsequent conviction.
This bill would, commencing on January 1, 2028, authorize a court, for a conviction of reckless driving, to suspend the driving privilege for a period not to exceed 60 days upon a first conviction days, and for a period of not less than 30 days and not to exceed 6 months upon a 2nd conviction, and when the offense occurred within 10 years of a separate reckless driving violation. The bill would require a court to suspend the driving privilege for a period of not less than 90 days and not to exceed one year upon a 3rd or any subsequent conviction. if the offense occurred within 10 years of 2 or more separate reckless driving violations.
Existing law authorizes a peace officer to arrest a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway or in an offstreet parking facility. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days. Existing law requires an impounding agency to release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period if, among other reasons, the person alleged to have been engaged in the motor vehicle speed contest was not authorized by the registered owner to operate the motor vehicle at the time of the commission of the offense, or if the registered owner was neither the driver nor a passenger of the motor vehicle or was unaware that the driver was using the motor vehicle to engage in the prohibited activities.
If an impounding agency releases a motor vehicle to the registered owner or agent prior to the conclusion of the impoundment period, this bill would require the registered owner to provide evidence that the driver did not have authorization from the registered owner to operate the motor vehicle, as specified, or require the registered owner to submit a written, signed statement attesting that the registered owner was unaware that the driver was using the vehicle to engage in reckless driving. The bill would allow a registered owner or their agent to obtain their vehicle prior to the conclusion of the impoundment period based on the reason that the registered owner was not the driver or passenger of the motor vehicle or was unaware that the driver was engaging in reckless driving 3 times. The bill would prohibit a registered owner from using this reason to obtain the motor vehicle prior to the conclusion of the impoundment period for a 4th or any subsequent arrest that involves the same driver and vehicle.
Existing law requires an impounding agency to release an impounded vehicle before the conclusion of the impound period if the charges against the driver are dismissed.
This bill would prohibit the registered owner or driver of the vehicle from being charged any towing or storage fees if the vehicle is released for this reason.
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
The people of the State of California do enact as follows:
SECTION 1.
Section 13200 of the Vehicle Code is amended to read:
13200.
(a) Whenever any person licensed under this code is convicted of a violation of any provision of this code relating to the speed of vehicles or a violation of Section 23103 the court may, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period of not to exceed 30 days upon a first conviction, for a period of not to exceed 60 days upon a second conviction, and for a period of not to exceed six months upon a third or any subsequent conviction.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 2.
Section 13200 is added to the Vehicle Code, to read:
13200.
(a) Whenever any person licensed under this code is convicted of a violation of any provision of this code relating to the speed of vehicles, the court may, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days upon a first conviction, for a period not to exceed 60 days upon a second conviction, and for a period not to exceed six months upon a third or any subsequent conviction.
(b) (1) Whenever any person licensed under this code is convicted of a violation of Section 23103, the court may, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period not as follows:
(A) Except as provided in subparagraph (B) and paragraph (2), for a period not
to exceed 60
days upon a first conviction and for days.(B) For
a period of not less than 30 days and not to exceed six months
upon a second conviction. when the offense occurred within 10 years of a separate violation of Section 23103.(2) Whenever any person licensed under this code is convicted of a violation of Section 23103, the court shall, unless this code makes mandatory a revocation by the department, suspend the privilege of the person to operate a motor vehicle for a period of not less than 90 days and not to exceed one year upon a third or any subsequent conviction. if the offense occurred within 10 years of two or more separate violations of Section 23103.
(c) This section shall become operative on January 1, 2028.