California Assembly Bill AB2489 Amended / Bill

 BILL NUMBER: AB 2489AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 8, 2012 AMENDED IN ASSEMBLY MARCH 27, 2012 INTRODUCED BY Assembly Member Hall FEBRUARY 24, 2012 An act to amend Section 19.8 of the Penal Code, and to amend Section 4464 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2489, as amended, Hall. Vehicles: license plates: alteration. (1) Existing law prohibits a person from displaying upon a vehicle a license plate altered from its original markings. A violation of this provision is an infraction and the penalty for the first conviction of an infraction under the Vehicle Code is a fine not exceeding $100. This bill would define "altered"  to mean defacing the license plate in any manner   for this purpose to mean altering the license plate in any manner, including in a manner  designed to avoid visual or electronic capture of the license plate or its  characters and would   characters. The bill would additionally prohibit a person from displaying a license plate that is defaced and would  provide that  "defacing"   "defaced"  includes painting over or erasing the reflective coating of a license plate. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. The bill would provide that a violation of this prohibition is punishable by a fine of not more than $250 and would provide that the offense is subject to specified procedures with regard to a defendant electing to have the case proceed as a misdemeanor. (2) 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19.8 of the Penal Code is amended to read: 19.8.  (a)    The following offenses are subject to subdivision (d) of Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652, and 853.7 of this code; subdivision (c) of Section 532b, and subdivision (n) of Section 602 of this code; subdivision (b) of Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the Business and Professions Code; Section 27204 of the Government Code; subdivision (c) of Section 23109 and Sections 4464, 12500, 14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any other offense that the Legislature makes subject to subdivision (d) of Section 17. Except where a lesser maximum fine is expressly provided for a violation of those sections, a violation that is an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250).  Except   (b)     Except  for the violations enumerated in subdivision (d) of Section 13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code based upon failure to appear, a conviction for an offense made an infraction under subdivision (d) of Section 17 is not grounds for the suspension, revocation, or denial of a license, or for the revocation of probation or parole of the person convicted. SEC. 2. Section 4464 of the Vehicle Code is amended to read: 4464. (a) A person shall not display upon a vehicle a license plate that is  defaced or  altered from its original markings. (b) As used in this section, the following definitions apply: (1) "Altered"  means defacing   means altering  the license plate in any manner  , including in a manner  designed to avoid visual or electronic capture of the license plate or its characters. (2)  "Defacing"   "Defaced"  includes, but is not limited to, painting over or erasing the reflective coating of a license plate. (c) A violation of this section is an infraction punishable by a fine of not more than two hundred fifty dollars ($250), pursuant to Section 19.8 of the Penal Code. SEC. 3. 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.