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AB-1848 Motorcycle theft.(2009-2010)

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AB1848:v96#DOCUMENT

Assembly Bill No. 1848
CHAPTER 120

An act to add Section 466.65 to the Penal Code, relating to crimes.

[ Approved by Governor  July 19, 2010. Filed with Secretary of State  July 19, 2010. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1848, Garrick. Motorcycle theft.
Existing law provides that every person having upon him or her or in his or her possession specified tools or other items, with the intent to feloniously break or enter into any motor vehicle, is guilty of a misdemeanor.
This bill would provide, in addition, that it is a misdemeanor to (1) possess, give, or lend a device designed to bypass the factory-installed ignition of a motorcycle in order to start the engine of a motorcycle without a manufacturer’s key, (2) possess, give, or lend a motorcycle ignition, or part thereof, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, or (3) possess, give, or lend any item of hardware, including, but not limited to, bolt cutters, electrical tape, wire cutters, wire strippers, or allen wrenches, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner.
By creating new crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 466.65 is added to the Penal Code, to read:

466.65.
 (a) Every person who possesses, gives, or lends any device designed to bypass the factory-installed ignition of a motorcycle in order to start the engine of a motorcycle without a manufacturer’s key, or who possesses, gives, or lends any motorcycle ignition, or part thereof, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor.
(b) Every person who possesses, gives, or lends any item of hardware, including, but not limited to, boltcutters, electrical tape, wirecutters, wire strippers, or allen wrenches, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.