BILL NUMBER: AB 144 AMENDED
BILL TEXT
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 22511.57 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 infraction. If treated as an infraction, a violation
would be punishable by a fine 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.
(1)
(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.
(2)
(3) 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)
(2) to be punished by a fine of not less
than $250 to $750 and not more than
$1,000 , regardless of whether the person previously had been
convicted of the offense.
(3)
(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 (1) (2) .
(4)
(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) No A person may
shall not lend any 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,
nor may any and a person shall not
knowingly permit its use by one not entitled to it.
(b) No A person to whom a disabled
person placard has been issued may shall not
lend the placard to any other another
person, nor may any 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 an infraction
punishable by a fine of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000), or a
misdemeanor , punishable by a fine of not less
than two hundred fifty dollars ($250) nor and
not more than one thousand dollars ($1,000), or by
imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment.
(c) Except for the purpose of transporting a disabled
persons person as specified in
subdivision (b), no a person
may shall not display any
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 an infraction punishable by
a fine of not less than two hundred fifty dollars ($250) and not more
than one thousand dollars ($1,000), or a misdemeanor
, punishable by a fine of not less than two hundred fifty
dollars ($250) nor and not more than
one thousand dollars ($1,000), or by imprisonment
in the county jail for not more than six months, or by
both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), no
a person using a vehicle displaying a special
identification license plate issued to another pursuant to Section
5007 may 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 an infraction punishable by a
fine of not less than two hundred fifty dollars ($250) and not more
than one thousand dollars ($1,000), or a misdemeanor ,
punishable by a fine of not less than two hundred fifty
dollars ($250) nor and not more than
one thousand dollars ($1,000), or by imprisonment
in the county jail for not more than six months, or by
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 any 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 or by , a fine of
not less than five hundred dollars ($500) or
and not more than one thousand dollars ($1,000), or by
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 any a forged,
counterfeit, or false disabled person placard, is guilty of an
infraction punishable by a fine of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000) or
a misdemeanor , and upon conviction thereof shall be
punished by punishable by imprisonment in a
county jail for six months or by , a
fine of not less than five hundred dollars ($500) or
two hundred fifty dollars ($250) and not more
than one thousand dollars ($1,000), or by 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) or and not
more than two hundred fifty dollars ($250) for a first offense, not
less than two hundred fifty dollars ($250) or
and not more than five hundred dollars ($500) for a second
offense, and not less than five hundred dollars ($500) or
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 any 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. 2. 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 licence plate is counterfeit, forged, altered,
or mutilated.
SEC. 5. Section 40000.7 of the Vehicle
Code is amended to read:
40000.7. (a) A violation of
any of the following provisions is a misdemeanor, and not an
infraction:
(1)
(a) Section 2416, relating to regulations for emergency
vehicles.
(2)
(b) Section 2800, relating to failure to obey an
officer's lawful order or submit to a lawful inspection.
(3)
(c) Section 2800.1, relating to fleeing from a peace
officer.
(4)
(d) Section 2801, relating to failure to obey a
firefighter's lawful order.
(5)
(e) Section 2803, relating to unlawful vehicle or load.
(6)
(f) Section 2813, relating to stopping for inspection.
(7)
(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 .
(8)
(h) Section 4462.5, relating to deceptive or false
evidence of vehicle registration.
(9)
(i) Section 4463.5, relating to deceptive or facsimile
license plates.
(10) Section 5105.5, relating to environmental license plates.
(11)
(j) Section 5500, relating to the surrender of
registration documents and license plates before dismantling may
begin.
(12)
(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.
(13)
(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.
(14)
(m) Section 5901, relating to dealers and
lessor-retailers giving notice.
(15) Section 5901.1, relating to lessors giving notice and failure
to pay fee.
(16)
(n) Section 8802, relating to the return of canceled,
suspended, or revoked certificates of ownership, registration cards,
or license plates, when committed by any a
person with intent to defraud.
(17)
(o) Section 8803, relating to return of canceled,
suspended, or revoked documents and license plates of a dealer,
manufacturer, remanufacturer, transporter, dismantler, or salesman.
(b) This section shall become operative on January 1, 2001.
SEC. 3. SEC. 6. 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 by a fine of not
less than two hundred fifty dollars ($250) and not more than
seven hundred fifty dollars ($750) one thousand
dollars ($1,000) .
(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. 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.