BILL NUMBER: AB 144	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        JANUARY 22, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 144, as introduced, Ma. Vehicles: distinguishing placards and
special license plates.
   (1) 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.
   (2) Existing law imposes specified fines on a person convicted of
a first, second, third, 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 convicted of one of
those offenses or one of the offenses described in (1) to be punished
by a fine of $250 to $750, regardless of whether the person
previously had been convicted of the offense.
   (3) 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 (1).
   (4) 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  any   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 22511.57 of the Vehicle Code is amended to read:
   22511.57.   Local authorities   A local
authority may, by ordinance or resolution, prohibit or restrict
the parking or standing of a vehicle on streets or highways or
 from   in  a disabled person's parking
stall or space of a privately or publicly owned or operated offstreet
parking facility within  their   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  the record of the Department of
Motor Vehicles for the identification number assigned to the placard
indicates that the placard has been reported as lost, stolen,
surrendered, cancelled, revoked, or expired, or was issued to a
person who has been reported as being deceased for a period exceeding
60 days.   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 licence plate is counterfeit, forged, altered,
or mutilated. 
  SEC. 3.  Section 42001.13 of the Vehicle Code is amended to read:
   42001.13.  (a) A person convicted of an infraction for a violation
of Section 22507.8  or 22511.57  shall be punished 
as follows:   by a fine of not less than two hundred
fifty dollars ($250) and not more than seven hundred fifty dollars
($750).  
   (1) A fine of not less than two hundred fifty dollars ($250) and
not more than five hundred dollars ($500) for the first offense.
 
   (2) A fine of not less than five hundred dollars ($500) and not
more than seven hundred fifty dollars ($750) for the second offense.
 
   (3) A fine of not less than seven hundred fifty dollars ($750) and
not more than one thousand dollars ($1,000) for three or more
offenses. 
   (b) The court may suspend the imposition of the fine if the person
convicted 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 fine imposed under this section may be paid in installments
if the court determines that the defendant is unable to pay the
entire amount in one payment.
  SEC. 4.  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.