(a) Notwithstanding any other law, the Cities of Los Angeles, Oakland, and Sacramento may each adopt an ordinance to conduct a 24-month pilot program in which law enforcement officers of the city may, pursuant to a valid arrest, remove a vehicle used in the commission, or attempted commission, of pimping in violation of Section 266h of the Penal Code, pandering in violation of Section 266i of the Penal Code, or solicitation of prostitution in violation of paragraph (2) or (3) of subdivision (b) of Section 647 of the Penal Code.
(b) If either city elects to implement the pilot program described in subdivision (a), it shall do all of the following:
(1) Offer a diversion program to prostitutes cited or arrested in the course of the pilot program.
(2) Authorize the removal of a vehicle only if the individual committing, or attempting to commit, a crime described in subdivision (a) is the sole registered owner of the vehicle. If that individual is not the sole registered owner, the other registered owner or owners of the vehicle shall be provided an opportunity to take possession of the vehicle.
(3) Reimburse an individual for the costs associated with towing and impounding the vehicle if he or she is not found guilty of the crime for which the vehicle was impounded or if the charge of committing, or attempting to commit, the crime for which the vehicle was impounded was dismissed.
(c) (1) Within six months of the completion of the pilot program described in subdivision (a), each of the participating cities shall issue a report that describes, at a minimum, all of the following:
(A) The number of individuals cited, and the number of individuals arrested, during the pilot program for the commission, or attempted commission, of a crime described in subdivision (a).
(B) The number of vehicles towed during the pilot program because they were used in the commission, or attempted commission, of a crime described in subdivision (a).
(C) The number of minor victims of a crime described in subdivision (a) that law enforcement encountered during the course of the pilot program.
(D) Whether the implementation of the pilot program impacted the number of citations or arrests for commission, or attempted commission, of a crime described in subdivision (a).
(2) (A) The report described in paragraph (1) shall be submitted to the Legislature, including the Chairs of the Senate and Assembly Committees on Public Safety, the Senate President pro Tempore, and the Speaker of the Assembly, and to the Governor and Attorney General.
(B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(d) An ordinance adopted pursuant to this section shall contain, but not be limited to, the following provisions:
(1) At the time of arrest, the person shall be notified that his or her vehicle will be towed and given information on how the vehicle may be retrieved.
(2) The registered owner or his or her agent may retrieve the vehicle at any time.
(3) The registered owner or his or her agent is responsible for all towing and storage fees related to the seizure of a vehicle pursuant to this section.
(4) If a vehicle is not claimed by the registered owner within 30 days and the legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person who is not the registered owner but holds a security interest in the vehicle, the legal owner shall be given notice that the car has been seized and shall be given an opportunity to retrieve the vehicle. The vehicle shall be released to the legal owner upon payment of all towing and storage fees due.
(e) This section shall not be construed to limit the authority of any peace officer to impound a vehicle pursuant to any applicable provision of this code.
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
(Added by Stats. 2017, Ch. 531, Sec. 1. (AB 1206) Effective January 1, 2018. Repealed on January 1, 2022, by its own provisions.)
Last modified: October 25, 2018