California 2017 2017-2018 Regular Session

California Assembly Bill AB2620 Amended / Bill

Filed 03/22/2018

                    Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2620Introduced by Assembly Member TingFebruary 15, 2018 An act to amend Sections 10500 and 10855 of the Vehicle Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTAB 2620, as amended, Ting. Property crime. 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 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 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.Existing law defines specified property crimes, including arson, burglary, larceny, extortion, and trespass and imposes specified penalties for the commission of those crimes.This bill would state the intent of the Legislature to enact legislation that would make changes to property crime.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe 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 five three days 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, 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 partys 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 agencys 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 and intentionally fails to return the vehicle to its owner within five three days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.SECTION 1.It is the intent of the Legislature to enact legislation that would make changes to property crime.

 Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2620Introduced by Assembly Member TingFebruary 15, 2018 An act to amend Sections 10500 and 10855 of the Vehicle Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTAB 2620, as amended, Ting. Property crime. 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 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 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.Existing law defines specified property crimes, including arson, burglary, larceny, extortion, and trespass and imposes specified penalties for the commission of those crimes.This bill would state the intent of the Legislature to enact legislation that would make changes to property crime.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 22, 2018

Amended IN  Assembly  March 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2620

Introduced by Assembly Member TingFebruary 15, 2018

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

## LEGISLATIVE COUNSEL'S DIGEST

AB 2620, as amended, Ting. Property crime. 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 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 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.Existing law defines specified property crimes, including arson, burglary, larceny, extortion, and trespass and imposes specified penalties for the commission of those crimes.This bill would state the intent of the Legislature to enact legislation that would make changes to property crime.

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 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 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.

Existing law defines specified property crimes, including arson, burglary, larceny, extortion, and trespass and imposes specified penalties for the commission of those crimes.



This bill would state the intent of the Legislature to enact legislation that would make changes to property crime.



## Digest Key

## Bill Text

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 five three days 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, 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 partys 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 agencys 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 and intentionally fails to return the vehicle to its owner within five three days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.SECTION 1.It is the intent of the Legislature to enact legislation that would make changes to property crime.

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

## 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 five three days 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, 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 partys 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 agencys 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.

SECTION 1. Section 10500 of the Vehicle Code is amended to read:

### SECTION 1.

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 five three days 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, 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 partys 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 agencys 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.

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 five three days 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, 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 partys 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 agencys 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.

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 five three days 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, 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 partys 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 agencys 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.



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 five three days 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, 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 partys 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 agencys 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 and intentionally fails to return the vehicle to its owner within five three days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.

SEC. 2. Section 10855 of the Vehicle Code is amended to read:

### SEC. 2.

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

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

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



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



It is the intent of the Legislature to enact legislation that would make changes to property crime.