California 2019-2020 Regular Session

California Assembly Bill AB391 Compare Versions

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1-Assembly Bill No. 391 CHAPTER 609An act to amend, repeal, and add Sections 10500 and 10855 of the Vehicle Code, relating to rented vehicles. [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 391, Voepel. Leased and rented vehicles: embezzlement and theft.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, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction.This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.The bill would repeal its provisions on January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.SEC. 2. Section 10500 is added to the Vehicle Code, to read:10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall become operative on January 1, 2024.SEC. 3. Section 10855 of the Vehicle Code is amended to read:10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).(b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).(c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.(d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.(e) Section 40000.1 does not apply to an owner who fails to comply with this section.(f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.SEC. 4. Section 10855 is added to the Vehicle Code, to read:10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(b) This section shall become operative on January 1, 2024.
1+Enrolled September 06, 2019 Passed IN Senate August 30, 2019 Passed IN Assembly September 05, 2019 Amended IN Senate August 21, 2019 Amended IN Senate June 24, 2019 Amended IN Assembly March 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 391Introduced by Assembly Member VoepelFebruary 06, 2019An act to amend, repeal, and add Sections 10500 and 10855 of the Vehicle Code, relating to rented vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 391, Voepel. Leased and rented vehicles: embezzlement and theft.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, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction.This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.The bill would repeal its provisions on January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.SEC. 2. Section 10500 is added to the Vehicle Code, to read:10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall become operative on January 1, 2024.SEC. 3. Section 10855 of the Vehicle Code is amended to read:10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).(b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).(c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.(d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.(e) Section 40000.1 does not apply to an owner who fails to comply with this section.(f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.SEC. 4. Section 10855 is added to the Vehicle Code, to read:10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(b) This section shall become operative on January 1, 2024.
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3- Assembly Bill No. 391 CHAPTER 609An act to amend, repeal, and add Sections 10500 and 10855 of the Vehicle Code, relating to rented vehicles. [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 391, Voepel. Leased and rented vehicles: embezzlement and theft.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, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction.This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.The bill would repeal its provisions on January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 06, 2019 Passed IN Senate August 30, 2019 Passed IN Assembly September 05, 2019 Amended IN Senate August 21, 2019 Amended IN Senate June 24, 2019 Amended IN Assembly March 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 391Introduced by Assembly Member VoepelFebruary 06, 2019An act to amend, repeal, and add Sections 10500 and 10855 of the Vehicle Code, relating to rented vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 391, Voepel. Leased and rented vehicles: embezzlement and theft.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, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction.This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.The bill would repeal its provisions on January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Assembly Bill No. 391 CHAPTER 609
5+ Enrolled September 06, 2019 Passed IN Senate August 30, 2019 Passed IN Assembly September 05, 2019 Amended IN Senate August 21, 2019 Amended IN Senate June 24, 2019 Amended IN Assembly March 11, 2019
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7- Assembly Bill No. 391
7+Enrolled September 06, 2019
8+Passed IN Senate August 30, 2019
9+Passed IN Assembly September 05, 2019
10+Amended IN Senate August 21, 2019
11+Amended IN Senate June 24, 2019
12+Amended IN Assembly March 11, 2019
813
9- CHAPTER 609
14+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
15+
16+ Assembly Bill
17+
18+No. 391
19+
20+Introduced by Assembly Member VoepelFebruary 06, 2019
21+
22+Introduced by Assembly Member Voepel
23+February 06, 2019
1024
1125 An act to amend, repeal, and add Sections 10500 and 10855 of the Vehicle Code, relating to rented vehicles.
12-
13- [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ]
1426
1527 LEGISLATIVE COUNSEL'S DIGEST
1628
1729 ## LEGISLATIVE COUNSEL'S DIGEST
1830
1931 AB 391, Voepel. Leased and rented vehicles: embezzlement and theft.
2032
2133 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, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction.This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.The bill would repeal its provisions on January 1, 2024.
2234
2335 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, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction.
2436
2537 This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.
2638
2739 The bill would repeal its provisions on January 1, 2024.
2840
2941 ## Digest Key
3042
3143 ## Bill Text
3244
3345 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) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.SEC. 2. Section 10500 is added to the Vehicle Code, to read:10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall become operative on January 1, 2024.SEC. 3. Section 10855 of the Vehicle Code is amended to read:10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).(b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).(c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.(d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.(e) Section 40000.1 does not apply to an owner who fails to comply with this section.(f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.SEC. 4. Section 10855 is added to the Vehicle Code, to read:10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(b) This section shall become operative on January 1, 2024.
3446
3547 The people of the State of California do enact as follows:
3648
3749 ## The people of the State of California do enact as follows:
3850
3951 SECTION 1. Section 10500 of the Vehicle Code is amended to read:10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
4052
4153 SECTION 1. Section 10500 of the Vehicle Code is amended to read:
4254
4355 ### SECTION 1.
4456
4557 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
4658
4759 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
4860
4961 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
5062
5163
5264
5365 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 72 hours following the expiration of the lease or rental agreement and after the owner attempted to notify the customer pursuant to subdivision (b) of Section 10855, or that license plates for a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement agencys receipt of the information of the recovery of the vehicle, excluding holidays and weekends.
5466
5567 (b) If the recovered vehicle is subject to parking or storage charges, Section 10652.5 applies.
5668
5769 (c) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
5870
5971 SEC. 2. Section 10500 is added to the Vehicle Code, to read:10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall become operative on January 1, 2024.
6072
6173 SEC. 2. Section 10500 is added to the Vehicle Code, to read:
6274
6375 ### SEC. 2.
6476
6577 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall become operative on January 1, 2024.
6678
6779 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall become operative on January 1, 2024.
6880
6981 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement 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.(c) This section shall become operative on January 1, 2024.
7082
7183
7284
7385 10500. (a) A peace officer, upon receiving a report based on reliable information that a 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 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 a 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 a 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 law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement 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 law enforcement 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 law enforcement agencys receipt of the information of the recovery of the vehicle, excluding holidays and weekends.
7486
7587 (b) If the recovered vehicle is subject to parking or storage charges, Section 10652.5 applies.
7688
7789 (c) This section shall become operative on January 1, 2024.
7890
7991 SEC. 3. Section 10855 of the Vehicle Code is amended to read:10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).(b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).(c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.(d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.(e) Section 40000.1 does not apply to an owner who fails to comply with this section.(f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
8092
8193 SEC. 3. Section 10855 of the Vehicle Code is amended to read:
8294
8395 ### SEC. 3.
8496
8597 10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).(b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).(c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.(d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.(e) Section 40000.1 does not apply to an owner who fails to comply with this section.(f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
8698
8799 10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).(b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).(c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.(d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.(e) Section 40000.1 does not apply to an owner who fails to comply with this section.(f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
88100
89101 10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).(b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).(c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.(d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.(e) Section 40000.1 does not apply to an owner who fails to comply with this section.(f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
90102
91103
92104
93105 10855. (a) (1) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.
94106
95107 (2) If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).
96108
97109 (b) The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c).
98110
99111 (c) The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.
100112
101113 (d) The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.
102114
103115 (e) Section 40000.1 does not apply to an owner who fails to comply with this section.
104116
105117 (f) This section shall remain in effect until January 1, 2024, and as of that date, is repealed.
106118
107119 SEC. 4. Section 10855 is added to the Vehicle Code, to read:10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(b) This section shall become operative on January 1, 2024.
108120
109121 SEC. 4. Section 10855 is added to the Vehicle Code, to read:
110122
111123 ### SEC. 4.
112124
113125 10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(b) This section shall become operative on January 1, 2024.
114126
115127 10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(b) This section shall become operative on January 1, 2024.
116128
117129 10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.(b) This section shall become operative on January 1, 2024.
118130
119131
120132
121133 10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle.
122134
123135 (b) This section shall become operative on January 1, 2024.