| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2761Introduced by Assembly Member GallagherFebruary 20, 2020 An act to amend Section 38010 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2761, as introduced, Gallagher. Off-highway vehicles: reciprocity.Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, with certain exceptions, including an off-highway motor vehicle with a currently valid identification or registration permit issued by another state. Except as otherwise specified, a violation of the Vehicle Code is punishable as an infraction.This bill would permit application of that exception only if the other state recognizes an identification plate or device issued by the department as valid for use in that state. By narrowing the exception, the bill would expand the scope of an existing crime and would therefore 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.The bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 38010 of the Vehicle Code is amended to read:38010. (a) Except as otherwise provided in subdivision (b), every a motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department.(b) Subdivision (a) does not apply to any of the following:(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.(2) Implements of husbandry.(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid drivers license issued by a foreign jurisdiction is presumed to be a nonresident.(7) Commercial vehicles weighing more than 6,000 pounds unladen.(8) Any A motorcycle manufactured in the year 1942 or prior.(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.(10) A motor vehicle with a currently valid identification or registration permit issued by another state. state, if the other state recognizes an identification plate or device issued pursuant to subdivision (a) as valid for use in that state.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2761Introduced by Assembly Member GallagherFebruary 20, 2020 An act to amend Section 38010 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 2761, as introduced, Gallagher. Off-highway vehicles: reciprocity.Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, with certain exceptions, including an off-highway motor vehicle with a currently valid identification or registration permit issued by another state. Except as otherwise specified, a violation of the Vehicle Code is punishable as an infraction.This bill would permit application of that exception only if the other state recognizes an identification plate or device issued by the department as valid for use in that state. By narrowing the exception, the bill would expand the scope of an existing crime and would therefore 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.The bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2761 |
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| 15 | 15 | | Introduced by Assembly Member GallagherFebruary 20, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Gallagher |
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| 18 | 18 | | February 20, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 38010 of the Vehicle Code, relating to vehicles. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2761, as introduced, Gallagher. Off-highway vehicles: reciprocity. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, with certain exceptions, including an off-highway motor vehicle with a currently valid identification or registration permit issued by another state. Except as otherwise specified, a violation of the Vehicle Code is punishable as an infraction.This bill would permit application of that exception only if the other state recognizes an identification plate or device issued by the department as valid for use in that state. By narrowing the exception, the bill would expand the scope of an existing crime and would therefore 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.The bill would provide that no reimbursement is required by this act for a specified reason. |
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| 29 | 29 | | |
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| 30 | 30 | | Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, with certain exceptions, including an off-highway motor vehicle with a currently valid identification or registration permit issued by another state. Except as otherwise specified, a violation of the Vehicle Code is punishable as an infraction. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would permit application of that exception only if the other state recognizes an identification plate or device issued by the department as valid for use in that state. By narrowing the exception, the bill would expand the scope of an existing crime and would therefore impose a state-mandated local program. |
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| 33 | 33 | | |
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| 34 | 34 | | 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. |
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| 35 | 35 | | |
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| 36 | 36 | | The bill would provide that no reimbursement is required by this act for a specified reason. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 39 | 39 | | |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 38010 of the Vehicle Code is amended to read:38010. (a) Except as otherwise provided in subdivision (b), every a motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department.(b) Subdivision (a) does not apply to any of the following:(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.(2) Implements of husbandry.(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid drivers license issued by a foreign jurisdiction is presumed to be a nonresident.(7) Commercial vehicles weighing more than 6,000 pounds unladen.(8) Any A motorcycle manufactured in the year 1942 or prior.(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.(10) A motor vehicle with a currently valid identification or registration permit issued by another state. state, if the other state recognizes an identification plate or device issued pursuant to subdivision (a) as valid for use in that state.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Section 38010 of the Vehicle Code is amended to read:38010. (a) Except as otherwise provided in subdivision (b), every a motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department.(b) Subdivision (a) does not apply to any of the following:(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.(2) Implements of husbandry.(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid drivers license issued by a foreign jurisdiction is presumed to be a nonresident.(7) Commercial vehicles weighing more than 6,000 pounds unladen.(8) Any A motorcycle manufactured in the year 1942 or prior.(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.(10) A motor vehicle with a currently valid identification or registration permit issued by another state. state, if the other state recognizes an identification plate or device issued pursuant to subdivision (a) as valid for use in that state. |
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| 50 | 50 | | SECTION 1. Section 38010 of the Vehicle Code is amended to read: |
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| 51 | 51 | | |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 38010. (a) Except as otherwise provided in subdivision (b), every a motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department.(b) Subdivision (a) does not apply to any of the following:(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.(2) Implements of husbandry.(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid drivers license issued by a foreign jurisdiction is presumed to be a nonresident.(7) Commercial vehicles weighing more than 6,000 pounds unladen.(8) Any A motorcycle manufactured in the year 1942 or prior.(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.(10) A motor vehicle with a currently valid identification or registration permit issued by another state. state, if the other state recognizes an identification plate or device issued pursuant to subdivision (a) as valid for use in that state. |
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| 56 | 56 | | 38010. (a) Except as otherwise provided in subdivision (b), every a motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department.(b) Subdivision (a) does not apply to any of the following:(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.(2) Implements of husbandry.(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid drivers license issued by a foreign jurisdiction is presumed to be a nonresident.(7) Commercial vehicles weighing more than 6,000 pounds unladen.(8) Any A motorcycle manufactured in the year 1942 or prior.(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.(10) A motor vehicle with a currently valid identification or registration permit issued by another state. state, if the other state recognizes an identification plate or device issued pursuant to subdivision (a) as valid for use in that state. |
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| 58 | 58 | | 38010. (a) Except as otherwise provided in subdivision (b), every a motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department.(b) Subdivision (a) does not apply to any of the following:(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.(2) Implements of husbandry.(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid drivers license issued by a foreign jurisdiction is presumed to be a nonresident.(7) Commercial vehicles weighing more than 6,000 pounds unladen.(8) Any A motorcycle manufactured in the year 1942 or prior.(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.(10) A motor vehicle with a currently valid identification or registration permit issued by another state. state, if the other state recognizes an identification plate or device issued pursuant to subdivision (a) as valid for use in that state. |
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| 62 | 62 | | 38010. (a) Except as otherwise provided in subdivision (b), every a motor vehicle specified in Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall be issued and display an identification plate or device issued by the department. |
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| 64 | 64 | | (b) Subdivision (a) does not apply to any of the following: |
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| 66 | 66 | | (1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019. |
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| 68 | 68 | | (2) Implements of husbandry. |
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| 70 | 70 | | (3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States. |
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| 72 | 72 | | (4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512. |
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| 74 | 74 | | (5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work. |
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| 76 | 76 | | (6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid drivers license issued by a foreign jurisdiction is presumed to be a nonresident. |
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| 78 | 78 | | (7) Commercial vehicles weighing more than 6,000 pounds unladen. |
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| 80 | 80 | | (8) Any A motorcycle manufactured in the year 1942 or prior. |
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| 82 | 82 | | (9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction. |
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| 84 | 84 | | (10) A motor vehicle with a currently valid identification or registration permit issued by another state. state, if the other state recognizes an identification plate or device issued pursuant to subdivision (a) as valid for use in that state. |
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| 85 | 85 | | |
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| 86 | 86 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 88 | 88 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 90 | 90 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 92 | 92 | | ### SEC. 2. |
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