California Legislature—2015–16 Regular Session

Assembly Bill No. 2866

Introduced by Assembly Member Gatto

February 19, 2016

An act to amend Section 10851.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2866, as introduced, Gatto. Binder chains.

Under existing law, a person who takes binder chains having a value of $950 or less that are not his or her own, without the owner’s consent and with intent either permanently or temporarily to deprive the owner of title to or possession of the binder chains, or any party or accessory to that act, is guilty of a misdemeanor, subject to imprisonment in the county jail, a fine, or both, as specified.

This bill would make technical, nonsubstantive changes to those provisions, including deleting an obsolete cross-reference.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 10851.5 of the Vehicle Code is amended
to read:

10851.5.  

begin delete Any end delete begin insert A end insert person who takes binder begin delete chains, required under
regulations adopted pursuant to Section 31510, end delete begin insert chains end insert having a
value of nine hundred fifty dollars ($950) or less begin delete which chains end delete begin insert that end insert
are not his begin insert or her end insert own, without the consent of the owner thereof,
and with intent either permanently or temporarily to deprive the
owner thereof of his begin insert or her end insert title to or possession of the binder
begin delete chains end delete begin insert chains, end insert whether with or without intent to steal the begin delete same, or
any person end delete begin insert binder chains, or a person end insert who is a party or accessory
to or an accomplice in the unauthorized taking or begin delete stealing end delete begin insert stealing, end insert
is guilty of a misdemeanor, and upon conviction thereof shall be
punished by imprisonment in the county jail for not less than six
months or by a fine of not less than one thousand dollars ($1,000)
or by both begin delete such end delete begin insert the end insert fine and imprisonment. The consent of the
owner of the binder chain to its taking shall not in any case be
presumed or implied because of begin delete such end delete begin insert the end insert owner’s consent on a
previous occasion to the taking of the binder chain by the same or
a different person.