BILL NUMBER: AB 1848	CHAPTERED
	BILL TEXT

	CHAPTER  120
	FILED WITH SECRETARY OF STATE  JULY 19, 2010
	APPROVED BY GOVERNOR  JULY 19, 2010
	PASSED THE SENATE  JULY 1, 2010
	PASSED THE ASSEMBLY  APRIL 22, 2010
	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, 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, 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 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.


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, 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 any item of
hardware, including, but not limited to, boltcutters, electrical
tape, wirecutters, 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.