BILL NUMBER: AB 1848	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2010

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 12, 2010

   An act to add Section 466.65 to the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1848, as amended, Garrick. Motorcycle theft. Existing law
provides that every person having upon him or her or in his or her
possession specified tools or other items, with the intent to
feloniously break or enter into any motor vehicle, is guilty of a
misdemeanor.
   This bill would provide, in addition, that it is a misdemeanor to
(1) possess, give, or lend a device designed to bypass the
factory-installed ignition of a motorcycle in order to start the
engine of a motorcycle without a manufacturer's key, (2) possess,
give, or lend a motorcycle ignition, or part thereof, 
knowing or having reason to believe that it is intended 
 with the intent to unlawfully take or drive, or  to
facilitate the unlawful taking or driving of  ,  a
motorcycle without the consent of the owner, or (3) possess, give, or
lend  items   any item  of hardware,
including, but not limited to, bolt cutters, electrical tape, wire
cutters, wire strippers, or allen wrenches, with the intent to
unlawfully take or drive, or to facilitate the unlawful taking or
driving of, a motorcycle without the consent of the owner.
   By creating new crimes, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   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 466.65 is added to the Penal Code, to read:
   466.65.  (a) Every person who possesses, gives, or lends any
device designed to bypass the factory-installed ignition of a
motorcycle in order to start the engine of a motorcycle without a
manufacturer's key, or who possesses, gives, or lends any 
motorcycle ignition, or part thereof, knowing or having reason to
believe that it is intended to facilitate the unlawful taking or
driving of a motorcycle without the consent of the owner, is guilty
of a misdemeanor.   motorcycle ignition, or part
thereof, with the intent to unlawfully take or drive, or to
facilitate the unlawful taking or driving of, a motorcycle without
  the consent of the owner, is guilty of a misdemeanor.

   (b) Every person who possesses, gives, or lends  items
  any item  of hardware, including, but not limited
to, bolt cutters, electrical tape, wire cutters, wire strippers, or
allen wrenches, with the intent to unlawfully take or drive, or to
facilitate the unlawful taking or driving of, a motorcycle without
the consent of the owner, is guilty of a misdemeanor.
  SEC. 2.  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.