RBOC-supported Measure Addressing Vessels Used in Crimes Passes Committee

RBOC-supported legislation to authorize a peace officer or marine safety offer to remove a vessel from public property when the vessel has been used in a crime or provides evidence of a crime has passed the Senate Public Safety Committee with unanimous, bipartisan support and now proceeds to the Senate Floor [Senate Third Reading] for consideration.

The provisions of AB 2175 [Aguiar-Curry] as per the committee analysis would allow a peace officer or marine safety officer to impound a vessel in either of the following circumstances:

• When the vessel is found on public property and the officer has probable cause to believe that it was used in the commission of a crime; or 
• When the vessel is found on public property and the officer has probable cause to believe that the vessel itself provides evidence that a crime was committed, or it contains evidence of a possible crime and the evidence cannot be easily removed from it.

The bill states that a lien shall not attach to a vessel impounded under this section unless it is determined that it was used in the commission of a crime with the express or implied consent of the owner.  

The bill also allows the court to order a person convicted of a crime involving the use of the impounded vessel to pay for the costs of towing and storage, as well as any administrative charges related to the removal, impoundment, storage, or release of the vessel.

Finally, the bill defines “vessel” for the purposes of the section to include both the vessel and any trailer used by the operator to transport the vessel.

AB 2175 has already passed the Assembly. It is sponsored by the California State Sheriff's Association.

Assembly Fiscal Committee Places Vessel Impoundment Bill "On Suspense"

The Assembly Appropriations Committee today placed AB 2175 [Aguiar-Curry] "on suspense" until it determines whether there is sufficient state monies to cover the projected state costs associated with its implementation.

AB 2175 is the RBOC-supported measure that would enhance boating safety by clarifying law enforcement’s ability to remove and store vessels under specified circumstances.

The bill would allow peace officers and harbor patrol officers to remove a vessel from public property when the officer has probable cause to believe that the vessel was used as the means of committing a crime and when the officers believe that the vessel is itself evidence, or that the vessel contains evidence which cannot easily be removed.

Today, the bill was placed “on suspense” as anticipated due to the projected state fiscal impact:: "Unknown, potentially significant costs (various funds) for the California Department of Fish and Game and the Department of Parks and Recreation for towing and impoundment costs. Costs are likely to be in the tens of thousands or hundreds of thousands of dollars, potentially exceeding $150,000."

The committee will decide just prior to the Memorial Day Weekend whether this and the numerous other measures placed on suspense will pass through the Appropriations Committee an on to the Floor for consideration.

The measure is sponsored by the California State Sheriffs' Association.

RBOC-supported Boating Safety Law Enforcement Measure Passes Committee

The RBOC-supported AB 2175 [Aguiar-Curry] that would enhance boating safety law enforcement efforts has passed the Assembly Committee on Public Safety.

RBOC supports the provisions of AB 2175 that would enhance boating safety by clarifying law enforcement’s ability to remove and store vessels under specified circumstances. The bill would: 

• Authorize a peace officer or marine safety officer, while engaged in the performance of official duties, to remove a vessel from, and, if necessary, store a vessel removed from, public property within the territorial limits in which the officer may act, under specified circumstances relating to the use of the vessel in the commission of a crime.
• Authorize a court to order a person convicted of a crime involving the use of a vessel that is removed and impounded pursuant to these provisions to pay the costs of towing and storage of the vessel and any related administrative costs imposed in connection with the removal, impoundment, storage, or release of the vessel.

The measure is sponsored by the California State Sheriffs' Association.