Leased and rented vehicles: embezzlement and theft.
The bill introduces significant amendments to Sections 10500 and 10855 of the Vehicle Code. It mandates that rental agreements clearly state the consequences of not returning a vehicle within the stipulated 72 hours, including potential criminal liability under embezzlement laws. Furthermore, it requires rental owners to try and contact the lessee prior to reporting the vehicle as stolen to law enforcement. The goal is to streamline the reporting process and encourage proactive communication between vehicle owners and renters, thereby decreasing unnecessary legal actions.
Assembly Bill No. 391, introduced by Voepel, focuses on the issue of embezzlement and theft related to leased and rented vehicles. Existing California law presumes that a person who fails to return a leased or rented vehicle within five days after the lease agreement expires has committed embezzlement. AB391 modifies this timeframe, reducing the period to 72 hours, reflecting a more expedited response to potential theft cases. This shift aims to enhance the efficiency of reporting stolen vehicles and improve recovery rates for rental companies and individual owners alike.
The sentiment among supporters of AB391 leans positively, with many praising it as a necessary update to adapt to the evolving landscape of vehicle rentals and theft. Advocates argue that the changes would prevent unnecessary delays in addressing potential theft and aid in quicker recoveries of vehicles. However, there are concerns raised by critics regarding the rapidity of the new 72-hour window, which they fear might place undue pressure on renters, especially those who may encounter legitimate delays in returning vehicles due to unforeseen circumstances.
Contention surrounding AB391 primarily revolves around the amended reporting requirements and the new shorter timeframe for presuming embezzlement. Supporters assert that the changes are essential for modernizing vehicle theft responses, while opponents argue that they may lead to abusive reporting practices by rental companies. Furthermore, questions remain about the legal implications for renters who might not be able to return vehicles within the newly required timeframe, raising concerns about potential wrongful accusations of theft.