This bill makes various changes to the offense of drag racing, as described below. "DRAG RACING" DEFINED Present law provides several definitions for "drag racing," including the use of any motor vehicle for the purpose of accepting or carrying out a challenge, made orally, in writing, or otherwise, made or received with reference to the performance abilities of one or more motor vehicles. This bill adds to this definition challenges made on a social media platform. This bill also changes "drag racing" to "street drag racing" and adds that the use of one or more motor vehicles for the purpose of performing motor vehicle drifting stunts or reckless driving for spectators is also street drag racing. "PARTICIPANT" DEFINED Present law defines a street drag racing "participant" as anyone who operates a motor vehicle for the purpose of drag racing, and anyone who arranges for, supervises, or in any way sets in motion any drag racing, regardless of whether or not the person may be the operator of, or be a passenger in, any motor vehicle participating in drag racing. This bill adds to this definition anyone who promotes or organizes the street drag race. This bill also expands the definition so that any person who arranges for, organizes, promotes, supervises, or in any way and manner sets in motion any street drag racing is a considered a participant for purposes of the law even if they do not drive, ride, or even attend the street drag race as a spectator. "DRIFTING" DEFINED This bill defines as a new term "drifting," which means the act of steering a vehicle in a turn in an attempt to make the rear wheel or wheels of the vehicle lose traction and create a controlled or uncontrolled skid sideways. OFFENSE AND PENALTIES Present law classifies street drag racing as a Class E felony, punishable by one to six years in prison and a jury-assessed fine up to $3,000, and any person who operates a motor vehicle on public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by the public at large, or who is a participant (as defined above), for the purpose of street drag racing commits the offense of street drag racing unless the premises are licensed for this purpose. This bill adds commercial property to the above list of places this offense can be committed. Present law provides that any motor vehicle used to commit street drag racing or to flee afterward is, upon conviction for the offense, subject to seizure and forfeiture. This bill adds that the vehicle is also, prior to conviction, subject to being impounded for the purpose of collecting evidence pertaining to the offense. All towing and impounding fees must be assessed against the person charged with the street drag racing violation. This bill prohibits a law enforcement officer who has arrested a person for street drag racing from issuing a citation to the arrested person in lieu of the continued custody and the taking of the arrested person before a magistrate. RECKLESS ENDANGERMENT This bill creates the assaultive offense of reckless endangerment by street drag racing, which is a Class E felony. In addition to the Class E felony penalty, the court must also assess a fine of $50 for reckless endangerment.

Statutes affected:
Introduced: 55-10-501(1), 55-10-501, 55-10-501(1)(E), 55-10-502(a), 55-10-502, 55-10-503, 39-13-103(b), 39-13-103, 7-3-312(b)(4), 7-3-312, 39-13-213(a)(3), 39-13-213, 40-4-122(b)(4), 40-4-122, 55-10-206(b), 55-10-206, 55-10-306(b)(2), 55-10-306, 55-10-307(b)(4), 55-10-307, 68-55-306