AMENDED IN SENATE JULY 10, 2025

AMENDED IN SENATE JUNE 25, 2025

AMENDED IN SENATE JUNE 11, 2025

AMENDED IN ASSEMBLY APRIL 21, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

93

CHAPTER 168

Statutes of 2025

[ Approved by Governor October 1, 2025. Filed with Secretary of State October 1, 2025. ]

Introduced by Assembly Member Muratsuchi

(Coauthor: Assembly Member Davies)

February 19, 2025

An act to add Section 22651.08 to the Vehicle Code, relating to vehicles.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody.

This bill would additionally authorize a peace officer to remove a vehicle that (1) has fewer than 4 wheels, but that does not meet the definition of an electric bicycle, if that vehicle is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway and is being operated by an operator without a current license to operate the vehicle, or (2) is a class 3 electric bicycle being operated by a person under 16 years of age. The bill would authorize a city, county, or city and county to adopt a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs of the vehicle, as provided. The bill would require an agency to release a seized vehicle to the owner, violator, or their agent after a minimum of 48 hours if certain conditions are met, including that the costs of removal, seizure, and storage have been paid. The bill would in certain circumstances authorize an agency to require, as a condition of release, proof that the violator has completed an electric bicycle safety and training program or a related local bicycle safety course, as described.

The people of the State of California do enact as follows:

SECTION 1.

Section 22651.08 is added to the Vehicle Code, to read:

22651.08.

(a) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a vehicle located within the territorial limits in which the officer may act, under either of the following circumstances:

(1) A person is operating a vehicle with fewer than four wheels that does not meet the definition of an electric bicycle set forth in Section 312.5 and is both of the following:

(A) Powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway.

(B) Being operated by an operator who is not licensed to operate the vehicle.

(2) A person is operating a vehicle that is a class 3 electric bicycle in violation of subdivision (a) of Section 21213.

(b) (1) A city, county, or city and county may adopt at a public meeting a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs. The charges shall not exceed the actual costs incurred for the expenses directly related to removing, seizing, and storing the vehicle.

(2) A local jurisdiction that has adopted a regulation, ordinance, or resolution pursuant to paragraph (1) shall publicly and conspicuously post the schedule of charges on their internet website.

(c) An agency shall release a seized vehicle to the owner, violator, or their agent after a minimum of 48 hours, if both of the following conditions are met:

(1) The owner, violator, or authorized agent’s request is made during normal business hours.

(2) The applicable removal, seizure, and storage costs have been paid.

(d) If a peace officer removes a vehicle pursuant to paragraph (2) of subdivision (a), an agency may, as a condition of release, require the owner, violator, or the parent or legal guardian of the owner or violator to deliver proof that the violator has completed an electric bicycle safety and training program, as described in Section 894 of the Streets and Highways Code, or a related local bicycle safety course, if one is available, as prescribed by authorities in the local jurisdiction.