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VETOES
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S.B. 558
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27-111.
(a) In this section, "police department" has the [same] meaning [indicated]
STATED in § 25-201 of this article.
(b) (1) For the purpose of impounding or immobilizing a vehicle under this
section, the police department may use its own personnel, equipment, and facilities
or, subject to the provisions of paragraph (2) of this subsection, use other persons,
equipment, and facilities for immobilizing vehicles or removing, preserving, and
storing impounded vehicles.
(2) A police department may not authorize the use of a tow truck under
paragraph (1) of this subsection unless the tow truck is registered under § 13-920 of
this article.
(c) (1) As a sentence, a part of a sentence, or a condition of probation, a court
may order, for not more than 180 days, the impoundment or immobilization, OR
CONTINUED IMPOUNDMENT, of a solely-owned vehicle used in the commission of a
violation of § 16-101 OR § 16-303(c) or (d) of this article if, at the time of the violation;
(i) The owner of the vehicle was driving the vehicle; and
(ii) 1. The owner's license was suspended or revoked under §
16-205 of this article; OR
2. THE OWNER DID NOT HOLD A VALID DRIVER'S LICENSE.
(2) Among the factors that a court may consider in determining whether
to order an impoundment or immobilization, OR CONTINUE AN IMPOUNDMENT, of a
vehicle is whether the vehicle is the primary means of transportation available for the
use of the individuals immediate family.
(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph,
impoundment or immobilization, OR CONTINUED IMPOUNDMENT, of a vehicle may
not be ordered under this section, if the registered owner of the vehicle made a bona
fide sale, gift, or other transfer of the vehicle to another person before the date of the
finding of a violation of § 16-101 OR § 16-303(c) or (d) of this article.
(ii) The registered owner of the vehicle has the burden of proving
that a bona fide sale, gift, or other transfer of the vehicle has occurred.
(d) (1) The registered owner of a vehicle impounded or immobilized under
this section is responsible for all actual costs incurred as a result of the immobilizing
of the vehicle, or the towing, preserving, and storing of the impounded vehicle.
(2) The court may require the registered owner of a vehicle impounded or
immobilized under this section to post a bond or other adequate security to equal the
actual costs of immobilizing the vehicle, or towing, preserving, and storing the
vehicle, and providing the notices required under subsection (f) of this section.
(3) Subject to the provisions of this section, a police department that
impounds a vehicle by taking the vehicle into custody or immobilizes a vehicle under
this section promptly shall return possession or use of the vehicle to the registered
- 3162 -
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