BILL NUMBER: AB 144	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009
	AMENDED IN ASSEMBLY  MARCH 2, 2009

INTRODUCED BY   Assembly Member Ma

                        JANUARY 22, 2009

   An act to amend Section 1465.6 of the Penal Code, and to amend
Sections 4461, 4463, 22511.57, 40000.7, and 42001.13 of the Vehicle
Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 144, as amended, Ma. Vehicles: distinguishing placards and
special license plates.
   (1) Existing law prohibits a person to whom a disabled person
placard has been issued from lending the placard to another person,
and prohibits a disabled person from knowingly permitting the use of
the placard, or special license plates for a disabled person or
disabled veteran, for parking purposes by one not entitled to the
placard or license plates. Existing law also generally prohibits a
person from displaying a disabled person placard that was not issued
to him or her or that has been canceled or revoked as specified, and
prohibits a person using a vehicle displaying special license plates
issued to another person from parking in specified parking stalls or
spaces designated for disabled persons, unless transporting a
disabled person. A violation of any of those prohibitions is a
misdemeanor punishable by a fine of not less than $250 and not more
than $1,000, imprisonment in the county jail for not more than 6
months, or both that fine and imprisonment. Existing law also
provides that a person who, with fraudulent intent, displays or
causes or permits to be displayed a forged, counterfeit, or false
disabled person placard is guilty of a misdemeanor, punishable by a
fine of not less than $500 and not more than $1,000, imprisonment in
a county jail for 6 months, or both that fine and imprisonment.
   This bill would make all of those violations punishable as either
a misdemeanor or by the issuance of a parking citation. If treated as
a parking violation, a violation would be punishable by a civil
penalty of not less than $250 and not more than $1,000. The
punishment would remain the same for a violation treated as a
misdemeanor, except that the fine for a misdemeanor punishment for a
person who, with fraudulent intent, displays or causes or permits to
be displayed a forged, counterfeit, or false disabled person placard
would be not less than $250, rather than not less than $500, and not
more than $1,000.
   (2) Existing law authorizes a local authority, as defined, by
ordinance or resolution, to prohibit or restrict the parking or
standing of a vehicle on streets or highways or in a disabled person'
s parking space at an offstreet parking facility within its
jurisdiction when the vehicle displays a distinguishing placard
issued to a disabled person or disabled veteran, and the records of
the Department of Motor Vehicles indicate that the placard has been
reported as lost, stolen, surrendered, canceled, revoked, or expired,
or was issued to a person who has been reported as being deceased
for a period exceeding 60 days.
   This bill, instead, would authorize a local authority, by
ordinance or resolution, to prohibit or restrict the parking or
standing of a vehicle on one of those areas in its jurisdiction when
the vehicle displays that distinguishing placard, a temporary
distinguishing placard, or a special license plate issued to a
disabled person, disabled veteran, or specified organizations, and
the records of the department indicate the placard or license plate
has been reported as lost, stolen, surrendered, canceled, revoked, or
expired, or was issued to a person who has been reported deceased
for a period exceeding 60 days; the placard or license plate is
displayed on a vehicle that is not being used to transport, and is
not in the reasonable proximity of, the person to whom the placard or
license plate was issued or a person who is authorized to be
transported in the vehicle displaying that placard or license plate;
or the placard or license plate is counterfeit, forged, altered, or
mutilated. Because a violation of these provisions would be an
infraction, the bill would impose a state-mandated local program.
   (3) Existing law imposes specified fines on a person convicted of
a first, 2nd, 3rd, or subsequent offense related to parking or
leaving a vehicle without a distinguishing placard or special license
plate in a parking space designated for disabled persons and
disabled veterans, blocking access to those parking spaces, or
parking or leaving standing a vehicle on the lines marking the
boundaries of one of those parking spaces or in any area of the
pavement adjacent to one of those parking spaces that is marked by
crosshatched lines and is designated for the loading and unloading of
vehicles parked in the parking space.
   This bill, instead, would require a person who commits one of
those offenses or one of the offenses described in (2) to be subject
to the issuance of a parking citation imposing a civil penalty of not
less than $250 and not more than $1,000, regardless of whether the
person previously committed the offense.
   (4) Existing law requires an additional assessment equal to 10% of
the fine, penalty, or forfeiture imposed under specified provisions
of the Vehicle Code to be imposed by each county for a violation of
specified provisions of the Vehicle Code.
   This bill would require the additional assessment to also be
imposed for a fine, penalty, or forfeiture for a violation described
in (2).
   (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1465.6 of the Penal Code is amended to read:
   1465.6.  In addition to an assessment levied pursuant to Section
1465.5 of this code, or any other law, an additional assessment equal
to 10 percent of the fine, penalty, or forfeiture imposed under
Section 42001, 42001.5, or 42001.13 of the Vehicle Code shall be
imposed by each county for a violation of Section 22507.8, 22511.57,
or 22522 of the Vehicle Code. An assessment imposed pursuant to this
section shall be deposited in the general fund of the city or county
wherein the violation occurred.
  SEC. 2.  Section 4461 of the Vehicle Code is amended to read:
   4461.  (a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.
   (b) A person to whom a disabled person placard has been issued
shall not lend the placard to another person, and a disabled person
shall not knowingly permit the use for parking purposes of the
placard or identification license plate issued pursuant to Section
5007 by one not entitled to it. A person to whom a disabled person
placard has been issued may permit another person to use the placard
only while in the presence or reasonable proximity of the disabled
person for the purpose of transporting the disabled person. A
violation of this subdivision is subject to the issuance of a parking
citation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), or
is a misdemeanor punishable by a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000),
imprisonment in the county jail for not more than six months, or
both that fine and imprisonment.
   (c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard that was not issued to him or her or that has been
canceled or revoked pursuant to Section 22511.6. A violation of this
subdivision is subject to the issuance of a parking citation imposing
a civil penalty of not less than two hundred fifty dollars ($250)
and not more than one thousand dollars ($1,000), or is a misdemeanor
punishable by a fine of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000), imprisonment
in the county jail for not more than six months, or both that fine
and imprisonment.
   (d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued
to another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a parking
citation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), or
is a misdemeanor punishable by a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000),
imprisonment in the county jail for not more than six months, or
both that fine and imprisonment.
   (e)  For the purposes of subdivisions (b) and (c), "disabled
person placard" means a placard issued pursuant to Section 22511.55
or 22511.59.
  SEC. 3.  Section 4463 of the Vehicle Code is amended to read:
   4463.  (a) A person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment in the
state prison for 16 months or two or three years, or by imprisonment
in a county jail for not more than one year:
   (1) Alters, forges, counterfeits, or falsifies a certificate of
ownership, registration card, certificate, license, license plate,
device issued pursuant to Section 4853, special plate, or permit
provided for by this code or a comparable certificate of ownership,
registration card, certificate, license, license plate, device
comparable to that issued pursuant to Section 4853, special plate, or
permit provided for by a foreign jurisdiction, or alters, forges,
counterfeits, or falsifies the document, device, or plate with intent
to represent it as issued by the department, or alters, forges,
counterfeits, or falsifies with fraudulent intent an endorsement of
transfer on a certificate of ownership or other document evidencing
ownership, or with fraudulent intent displays or causes or permits to
be displayed or have in his or her possession a blank, incomplete,
canceled, suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, device issued pursuant to Section 4853, special plate,
or permit.
   (2) Utters, publishes, passes, or attempts to pass, as true and
genuine, a false, altered, forged, or counterfeited matter listed in
paragraph (1) knowing it to be false, altered, forged, or
counterfeited.
   (b) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of a misdemeanor, and
upon conviction thereof shall be punished by imprisonment in a county
jail for six months, a fine of not less than five hundred dollars
($500) and not more than one thousand dollars ($1,000), or both that
fine and imprisonment, which penalty shall not be suspended:
   (1) Forges, counterfeits, or falsifies a disabled person placard
or a comparable placard relating to parking privileges for disabled
persons provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a disabled person placard with intent to
represent it as issued by the department.
   (2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit disabled person placard knowing it to be
false, forged, or counterfeited.
   (3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard.
   (c) A person who, with fraudulent intent, displays or causes or
permits to be displayed a forged, counterfeit, or false disabled
person placard, is subject to the issuance of a parking citation
imposing a civil penalty of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000) , or is guilty
of a misdemeanor punishable by imprisonment in a county jail for six
months, a fine of not less than two hundred fifty dollars ($250) and
not more than one thousand dollars ($1,000), or both that fine and
imprisonment, which penalty shall not be suspended.
   (d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59.
   (e) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of an infraction, and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100) and not more than two hundred fifty
dollars ($250) for a first offense, not less than two hundred fifty
dollars ($250) and not more than five hundred dollars ($500) for a
second offense, and not less than five hundred dollars ($500) and not
more than one thousand dollars ($1,000) for a third or subsequent
offense, which penalty shall not be suspended:
   (1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
comparable clean air sticker relating to high occupancy vehicle lane
privileges provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a Clean Air Sticker with intent to
represent it as issued by the department.
   (2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit Clean Air Sticker knowing it to be false,
forged, or counterfeited.
   (3) Acquires, possesses, sells, or offers for sale a counterfeit
Clean Air Sticker.
   (4) Acquires, possesses, sells, or offers for sale a genuine Clean
Air Sticker separate from the vehicle for which the department
issued that sticker.
   (f) As used in this section, "Clean Air Sticker" means a label or
decal issued pursuant to Sections 5205.5 and 21655.9.
  SEC. 4.  Section 22511.57 of the Vehicle Code is amended to read:
   22511.57.  A local authority may, by ordinance or resolution,
prohibit or restrict the parking or standing of a vehicle on streets
or highways or in a disabled person's parking stall or space of a
privately or publicly owned or operated offstreet parking facility
within its jurisdiction when the vehicle displays, in order to obtain
special parking privileges, a distinguishing placard or special
license plate, issued pursuant to Section 5007, 22511.55, or
22511.59, and any of the following conditions are met:
   (a) The records of the Department of Motor Vehicles for the
identification number assigned to the placard or license plate
indicate that the placard or license plate has been reported as lost,
stolen, surrendered, canceled, revoked, or expired, or was issued to
a person who has been reported as deceased for a period exceeding 60
days.
   (b) The placard or license plate is displayed on a vehicle that is
not being used to transport, and is not in the reasonable proximity
of, the person to whom the license plate or placard was issued or a
person who is authorized to be transported in the vehicle displaying
that placard or license plate.
   (c) The placard or license plate is counterfeit, forged, altered,
or mutilated.
  SEC. 5.  Section 40000.7 of the Vehicle Code is amended to read:
   40000.7.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 2416, relating to regulations for emergency vehicles.
   (b) Section 2800, relating to failure to obey an officer's lawful
order or submit to a lawful inspection.
   (c) Section 2800.1, relating to fleeing from a peace officer.
   (d) Section 2801, relating to failure to obey a firefighter's
lawful order.
   (e) Section 2803, relating to unlawful vehicle or load.
   (f) Section 2813, relating to stopping for inspection.
   (g) Subdivisions (b), (c), and (d) of Section 4461 and
subdivisions (b) and (c) of Section 4463, relating to disabled person
placards and disabled person and disabled veteran license plates,
except as otherwise provided by those subdivisions.
   (h) Section 4462.5, relating to deceptive or false evidence of
vehicle registration.
   (i) Section 4463.5, relating to deceptive or facsimile license
plates.
   (j) Section 5500, relating to the surrender of registration
documents and license plates before dismantling may begin.
   (k) Section 5506, relating to the sale of a total loss salvage
vehicle, or of a vehicle reported for dismantling by a salvage
vehicle rebuilder.
   (l) Section 5753, relating to delivery of certificates of
ownership and registration when committed by a dealer or any person
while a dealer within the preceding 12 months.
   (m) Section 5901, relating to dealers and lessor-retailers giving
notice.
   (n) Section 8802, relating to the return of canceled, suspended,
or revoked certificates of ownership, registration cards, or license
plates, when committed by a person with intent to defraud.
   (o) Section 8803, relating to return of canceled, suspended, or
revoked documents and license plates of a dealer, manufacturer,
remanufacturer, transporter, dismantler, or salesman.
  SEC. 6.  Section 42001.13 of the Vehicle Code is amended to read:
   42001.13.  (a) A person who commits a violation of Section 22507.8
or 22511.57 is subject to the issuance of a parking citation
imposing a civil penalty of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000).
   (b) The court  or issuing agency  may suspend the
imposition of the penalty if the person possessed at the time of the
offense, but failed to display, a valid special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59.
   (c) A penalty imposed under this section may be paid in
installments if the court  or issuing agency  determines
that the person is unable to pay the entire amount in one payment.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.