[GOD]

fresh out of san diego:
DRAFT FOR NEW LEGISLATION TO AFFECT ILLEGAL STREET RACING - VEHICLE CODE: VC 23109.1

A. No person shall knowingly attend as a spectator the scene of any illegal speed contest or exhibition of speed on a highway, nor knowingly remain as a spectator at the scene of any illegal speed contest or exhibition of speed on a highway, with (1) the intent of being present at the scene of any such speed contest or exhibition of speed, and (2) for the purpose of viewing, watching, or observing any such speed contest or exhibition of speed, or, for any illegal purpose.

B. For the purposes of this section "spectator" is defined as one who attends for the purpose of viewing, observing, watching, or witnessing a speed contest or exhibition of speed. "The scene" is defined as any highway, public location, or private location generally open to the public that is within 200 feet of the start, finish, or in-progress location of the speed contest or exhibition of speed.

C. To prove a violation of Section 23109.1, evidence may include, but is not limited to any one or more of the following: (1) the time of day, (2) the nature and description of the scene; (3) the number of people at the scene; (4) the location of the person charged in relation to any group or crowd of other persons present at the scene; (6) the number of motor vehicles at the scene; (7) whether within seven days prior to the charged offense, the person charged was present at or near the scene of one or more illegal speed contests or exhibitions of speed that were in proximity to the scene of the charged offense.

D. Prior acts of the person charged also may be used to prove a violation of this section and include, but are not limited to the following: (1) any admissible evidence that the perosn charged has previously participated in an illegal speed contest or exhibition of speed; (2) any admissible eveidence that the person charged has previously aided and abetted any illegal speed contest or exhibition of speed; (3) any admissible evidence that the person charged has previously attended as a spectator any illegal speed contest or exhibition of speed. Such prior acts evidence may be admissible if the prior act(s) has (have) occurred at any time within five years of the present charged offense anywhere within or outside of the State of California. Prior acts may include both a charged act and an uncharged act whether or not the charged acts resulted in convictions.

E. Any person who violates this section shall upon conviction thereof be punished by imprisonment in the county jail for not more than 90 days or by a fine of not more than five hundred dollars or by both that fine and imprisonment.