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AB-495 Vehicles: use of personal identifying information: theft.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB495:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 495


Introduced by Assembly Member Voepel

February 13, 2017


An act to amend Section 22348 of the Vehicle Code, relating to speed limits. An act to add Section 10855.5 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 495, as amended, Voepel. Speed limits. Vehicles: use of personal identifying information: theft.
Existing law provides that whenever a person who has leased or rented a vehicle wilfully and intentionally fails to return the vehicle to its owner within 5 days after the lease or rental agreement has expired, that person is presumed to have embezzled the vehicle. Existing law makes it a crime to willfully obtain the personal identifying information of another, as defined, and use it for an unlawful purpose. Existing law makes it a crime to obtain goods by using an access card of another, as defined, without consent and with the intent to defraud.
This bill would make it a felony for a person, without consent, to rent a vehicle using the personal identifying information of another or an access card or access card account information of another.
By creating a new crime, 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.

Existing law prohibits a person from driving a vehicle upon a highway with a speed limit established pursuant to specified provisions at a speed greater than that speed limit.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 10855.5 is added to the Vehicle Code, to read:

10855.5.
 A person who, without consent, rents a vehicle using the personal identifying information of another, as defined in Section 530.55 of the Penal Code, or an access card of another, as defined in Section 484d of the Penal Code, or access card account information of another, is guilty of a felony punishable pursuant to subdivision (h) of Section 1170 of the Penal Code.

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.
SECTION 1.Section 22348 of the Vehicle Code is amended to read:
22348.

(a)Notwithstanding subdivision (b) of Section 22351, a person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.

(b)A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction punishable as follows:

(1)Upon a first conviction of a violation of this subdivision, by a fine of not to exceed five hundred dollars ($500). The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days pursuant to Section 13200.5.

(2)Upon a conviction under this subdivision of an offense that occurred within three years of a prior offense resulting in a conviction of an offense under this subdivision, by a fine of not to exceed seven hundred fifty dollars ($750). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.

(3)Upon a conviction under this subdivision of an offense that occurred within five years of two or more prior offenses resulting in convictions of offenses under this subdivision, by a fine of not to exceed one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to subdivision (b) of Section 13355.

(c)A vehicle subject to Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if a lane has not been so designated, in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. If, however, one or more specific lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, a vehicle may also be driven in the lane to the immediate left of the right-hand lane, unless otherwise prohibited under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is in the process of entering into or exiting from a highway or to a driver who is required necessarily to drive in a lane other than the right-hand lane to continue on his or her intended route.