BILL NUMBER: AB 2489 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2012
AMENDED IN ASSEMBLY MAY 8, 2012
AMENDED IN ASSEMBLY MARCH 27, 2012
INTRODUCED BY Assembly Member Hall
FEBRUARY 24, 2012
An act to amend Section 19.8 of the Penal Code, and to amend
Section Sections 4464 , 5201, and
5201.1 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2489, as amended, Hall. Vehicles: license plates:
obstruction or alteration.
(1) Existing law prohibits a person from displaying upon a vehicle
a license plate altered from its original markings. Existing
law also prohibits a person from selling a product or device that
obscures, or is intended to obscure, the reading or recognition of a
license plate, as specified. A violation of this
provision these provisions is an infraction and
the penalty for the first conviction of an infraction under the
Vehicle Code is a fine not exceeding $100.
This bill would define "altered" for this purpose to mean
altering the license plate in any manner, including in a manner
designed to avoid visual or electronic capture of the license plate
or its characters. The bill would additionally prohibit a
person from displaying a license plate that is defaced and
would provide that "defaced" includes painting over or erasing the
reflective coating of a license plate selling a
product or device that obscures, or is intended to obscure, the
reading or re cognition of a license plate by visual means
. The bill would also prohibit a person from operating a
vehicle with such a product or device and would make it a crime for a
person to erase the reflective coating of, paint over the reflective
coating of, or alter a license plate to avoid visual or electronic
capture of the license plate or its characters by state or local law
enforcement. By
By creating new crimes and expanding the definition of
an existing crime, the bill would impose a state-mandated local
program. The bill would provide that a violation of this
prohibition these prohibitions is punishable by
a fine of not more than $250 per item sold or per violation
and would provide that the offense is
these offenses are subject to specified procedures with regard
to a defendant electing to have the case proceed as a misdemeanor.
(2) 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 19.8 of the Penal Code is amended to read:
19.8. (a) The following offenses are subject to subdivision (d)
of Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13,
652, and 853.7 of this code; subdivision (c) of Section 532b, and
subdivision (n) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections 4464,
5201.1, 12500, 14601.1, 27150.1, 40508, and
42005 of the Vehicle Code, and any other offense that the Legislature
makes subject to subdivision (d) of Section 17. Except where a
lesser maximum fine is expressly provided for a violation of those
sections, a violation that is an infraction is punishable by a fine
not exceeding two hundred fifty dollars ($250).
(b) Except for the violations enumerated in subdivision (d) of
Section 13202.5 of the Vehicle Code, and Section 14601.1 of the
Vehicle Code based upon failure to appear, a conviction for an
offense made an infraction under subdivision (d) of Section 17 is not
grounds for the suspension, revocation, or denial of a license, or
for the revocation of probation or parole of the person convicted.
SEC. 2. Section 4464 of the Vehicle Code is amended to read:
4464. (a) A person shall
not display upon a vehicle a license plate that is defaced
or altered from its original markings.
(b) As used in this section, the following definitions apply:
(1) "Altered" means altering the license plate in any manner,
including in a manner designed to avoid visual or electronic capture
of the license plate or its characters.
(2) "Defaced" includes, but is not limited to, painting over or
erasing the reflective coating of a license plate.
(c) A violation of this section is an infraction punishable by a
fine of not more than two hundred fifty dollars ($250), pursuant to
Section 19.8 of the Penal Code.
SEC. 3. Section 5201 of the Vehicle
Code is amended to read:
5201. (a) License plates shall at all times
be securely fastened to the vehicle for which they are issued so as
to prevent the plates from swinging, shall be mounted in a position
so as to be clearly visible, and so that the characters are upright
and display from left to right, and shall be maintained in a
condition so as to be clearly legible. The rear license plate shall
be mounted not less than 12 inches nor more than 60 inches from the
ground, and the front license plate shall be mounted not more than 60
inches from the ground, except as follows:
(a)
(1) The rear license plate on a tow truck or
repossessor's tow vehicle may be mounted on the left-hand side of the
mast assembly at the rear of the cab of the vehicle, not less than
12 inches nor more than 90 inches from the ground.
(b)
(2) The rear license plate on a tank vehicle hauling
hazardous waste, as defined in Section 25117 of the Health and Safety
Code, or asphalt material may be mounted not less than 12 inches nor
more than 90 inches from the ground.
(c)
(3) The rear license plate on a truck tractor may be
mounted at the rear of the cab of the vehicle, but not less than 12
inches nor more than 90 inches from the ground.
(d)
(4) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by a person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.
(e)
(5) The rear license plate on a two-axle livestock
trailer may be mounted 12 inches or more, but not more than 90
inches, from the ground.
(f)
(b) A covering shall not be used on license plates
except as follows:
(1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision. A peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
(2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs. No portion of a license plate
security cover shall rest over the license plate number.
(g)
(c) A casing, shield, frame, border, product, or other
device that obstructs or impairs the reading or recognition of a
license plate by an electronic device operated by state or local law
enforcement, an electronic device operated in connection with a toll
road, high-occupancy toll lane, toll bridge, or other toll facility,
or a remote emission sensing device, as specified in Sections 44081
and 44081.6 of the Health and Safety Code, shall not be installed on,
or affixed to, a vehicle.
(h)
(d) (1) It is the intent of the Legislature that an
accommodation be made to persons with disabilities and to those
persons who regularly transport persons with disabilities, to allow
the removal and relocation of wheelchair lifts and wheelchair
carriers without the necessity of removing and reattaching the
vehicle's rear license plate. Therefore, it is not a violation of
this section if the reading or recognition of a rear license plate is
obstructed or impaired by a wheelchair lift or wheelchair carrier
and all of the following requirements are met:
(A) The owner of the vehicle has been issued a special
identification license plate pursuant to Section 5007, or the person
using the wheelchair that is carried on the vehicle has been issued a
distinguishing placard under Section 22511.55.
(B) (i) The operator of the vehicle displays a decal, designed and
issued by the department, that contains the license plate number
assigned to the vehicle transporting the wheelchair.
(ii) The decal is displayed on the rear window of the vehicle, in
a location determined by the department, in consultation with the
Department of the California Highway Patrol, so as to be clearly
visible to law enforcement.
(2) Notwithstanding any other law, if a decal is displayed
pursuant to this subdivision, the requirements of this code that
require the illumination of the license plate and the license plate
number do not apply.
(3) The department shall adopt regulations governing the
procedures for accepting and approving applications for decals, and
issuing decals, authorized by this subdivision.
(4) This subdivision does not apply to a front license plate.
SEC. 4. Section 5201.1 of the Vehicle
Code is amended to read:
5201.1. (a) A person shall not sell a product or device that
obscures, or is intended to obscure, the reading or recognition of a
license plate by visual means, or by an electronic device
, as prohibited by subdivision (g)
(c) of Section 5201.
(b) A person shall not operate a vehicle with a product or device
that violates subdivision (a).
(c) A person shall not erase the reflective coating of, paint over
the reflective coating of, or alter a license plate to avoid visual
or electronic capture of the license plate or its characters by state
or local law enforcement.
(b)
(d) A conviction for a violation of
subdivision (a) this section is punishable by a
fine of two hundred fifty dollars ($250) per item sold or per
violation .
SEC. 3. SEC. 5. 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.