SB 1198
Vehicles: reckless driving: impoundment.
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Majority
Fiscal committee
No
Appropriation
No
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Sign in to take action- Introduced
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Bill overview
This bill changes the penalties for reckless driving convictions in California. Starting January 1, 2028, a first conviction will result in a 60-day driving suspension, while subsequent convictions will lead to longer suspensions, up to a year, depending on the number of prior offenses. The bill also requires registered owners to provide evidence they weren’t authorizing the driver or were unaware of the reckless driving, and prohibits towing and storage fees in certain release scenarios.
Key provisions
- Increases the maximum driving suspension period for reckless driving convictions.
- Establishes a minimum 90-day suspension for a third or subsequent reckless driving conviction.
- Requires registered owners to provide evidence they did not authorize the driver or were unaware of the reckless driving.
- Prohibits towing and storage fees when a vehicle is released based on specific circumstances (e.g., dismissal of charges, driver lacked authorization).
- Specifies that a registered owner cannot use the ‘driver lacked authorization’ reason for release for a fourth or subsequent arrest involving the same driver and vehicle.
- Addresses the release of vehicles seized for speed contests or exhibitions of speed.
- Clarifies the process for releasing impounded vehicles based on various factors, including dismissed charges and driver lack of authorization.
- Requires a registered owner to provide documentation of driver authorization or lack thereof when a vehicle is released early.
Who is affected
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SB1198:v95#DOCUMENT
Bill Start
| Amended IN Assembly July 01, 2026 |
| Amended IN Assembly June 24, 2026 |
| Amended IN Senate May 14, 2026 |
| Amended IN Senate March 25, 2026 |
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) |
| 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
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.
SEC. 3.
Section 23109.2 of the Vehicle Code is amended to read:
23109.2.
(a) (1) Whenever a peace officer determines that a person was engaged in an activity set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is seized may be impounded for not more than 30 days.
(2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109.
(B) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109.
(ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility.
(b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.
(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other law, an impounding agency shall release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:
(A) If the vehicle is a stolen vehicle.
(B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.
(C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in an activity described in subdivision (a).
(D) If the legal owner or registered owner of the vehicle is a rental car agency.
(E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.
(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or their agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (E) of paragraph (1), a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.
(d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:
(1) 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, not the registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. Lien sale processing fees shall not be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(e) (1) The registered owner or the registered owner’s agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle.
(4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
(5) The vehicle may not be sold prior to the defendant’s conviction.
(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.
(f) A period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (h) of Section 23109.
SEC. 4.
Section 23109.4 is added to the Vehicle Code, to read:
23109.4.
(a) (1) Whenever a peace officer determines that a person was engaged in an activity set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is seized may be impounded for not more than 30 days.
(2) (A) Reckless driving on a highway, as described in subdivision (a) of Section 23103.
(B) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.
(b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.
(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other law, an impounding agency shall release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances:
(A) If the vehicle is a stolen vehicle.
(B) If the person alleged to have been engaged in reckless driving, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. The registered owner shall provide evidence that the person did not have authorization from the registered owner to operate the vehicle, including, but not limited to, theft reports, documented history of unauthorized use, or communication denying use of the vehicle.
(C) (i) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in an activity described in subdivision (a). The registered owner shall submit a written, signed statement attesting that the registered owner was unaware that the driver was using the vehicle to engage in reckless driving.
(ii) The relief available in clause (i) shall only be available to a registered owner of a vehicle three times. A registered owner is prohibited from using the relief available in clause (i) for a fourth or any subsequent arrest described in subdivision (a) that involves the same driver and vehicle.
(D) If the legal owner or registered owner of the vehicle is a rental car agency.
(E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.
(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or their agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (E) of paragraph (1), a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of Section 23103 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.
(d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:
(1) 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, not the registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. Lien sale processing fees shall not be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.
(e) (1) The registered owner or the registered owner’s agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle.
(4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
(5) The vehicle may not be sold prior to the defendant’s conviction.
(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement.
(f) A period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (h) of Section 23109.