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AB-2620 Property crime: embezzlement: vehicles.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2620:v97#DOCUMENT

Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2620


Introduced by Assembly Member Ting

February 15, 2018


An act to amend Sections 10500 and 10855 of the Vehicle Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


AB 2620, as amended, Ting. Property crime: embezzlement: vehicles.
Existing law establishes a presumption that a person who willfully and intentionally fails to return a leased or rented vehicle to its owner within 5 days of the expiration of the agreement has embezzled the vehicle. Existing law requires a peace officer, upon receiving a report based on reliable information that a registered vehicle has been stolen, or that a leased or rented vehicle has not been returned within 5 days after its owner has made written demand for its return following the expiration of the lease or rental agreement, to report the information to the Department of Justice Stolen Vehicle System.
This bill would reduce the period following the expiration of the vehicle lease or rental agreement to 3 days 48 hours for the presumption of embezzlement to apply. The bill would require a peace officer, upon receiving a report that a leased or rented vehicle has not been returned within 3 days 48 hours after its owner has made written demand for its return following the expiration of the lease or rental agreement, to report the information to the Department of Justice Stolen Vehicle System.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 10500 of the Vehicle Code is amended to read:

10500.
 (a) Every peace officer, upon receiving a report based on reliable information that any vehicle registered under this code has been stolen, taken, or driven in violation of Section 10851, or that a leased or rented vehicle has not been returned within three days 48 hours after its owner has made written demand for its return, by certified or registered mail, following the expiration of the lease or rental agreement, or that license plates for any vehicle have been lost or stolen, shall, shall immediately after receiving that information, report the information to the Department of Justice Stolen Vehicle System. An officer, upon receiving information of the recovery of any vehicle described in this subdivision, or of the recovery of plates which have been previously reported as lost or stolen, shall immediately report the fact of the recovery to the Department of Justice Stolen Vehicle System. At the same time, the recovering officer shall advise the Department of Justice Stolen Vehicle System and the original reporting police agency of the location and condition of the vehicle or license plates recovered. The original reporting police agency, upon receipt of the information from the recovering officer, shall, immediately attempt to notify the reporting party by telephone, if the telephone number of the reporting party is available or readily accessible, of the location and condition of the recovered vehicle. If the reporting party’s telephone number is unknown, or notification attempts were unsuccessful, the original reporting police agency shall notify the reporting party by placing, in the mail, a notice providing the location and condition of the recovered vehicle. This written notice shall be mailed within 24 hours of the original reporting police agency’s receipt of the information of the recovery of the vehicle, excluding holidays and weekends.
(b) If the recovered vehicle is subject to parking or storage charges, Section 10652.5 applies.

SEC. 2.

 Section 10855 of the Vehicle Code is amended to read:

10855.
 Whenever any person who has leased or rented a vehicle wilfully willfully and intentionally fails to return the vehicle to its owner within three days 48 hours after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.