BILL ANALYSIS
AB 1848
Page 1
Date of Hearing: March 23, 2010
Chief Counsel Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1848 (Garrick) - As Amended: March 17, 2010
SUMMARY : Makes it a misdemeanor to possess any device designed
to bypass the factory installed ignition of a motorcycle or to
possess specified tools with the intent to unlawfully take or
drive or to facilitate the unlawful taking of a motorcycle.
Specifically, this bill :
1)Provides that 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 taking or
driving of a motorcycle without the consent of the owner is
guilty of a misdemeanor punishable by up to six months in the
county, by a fine not to exceed $1,000, or both.
2)Provides that every person who possesses, gives, or lends
items of hardware, including, but not limited to, bolt
cutters, electrical tape, wire strippers, or allen wrenches,
with the intent to unlawfully take or drive, or to facilitate
the taking or driving of a motorcycle without the consent of
the owner is guilty of a misdemeanor punishable by up to six
months in the county, by a fine not to exceed $1,000, or both.
EXISTING LAW :
1)Makes the possession of a picklock, crow, keybit, crowbar,
screwdriver, vise-grip plier, water-pump plier, slidehammer,
slim jim, tension bar, lock pick gun, tubular lock pick,
floor-safe door puller, master keys, or other instrument or
tool with the intent to break into any building, railroad car,
vessel, or vehicle a misdemeanor punishable by up to six
months in county jail, or a fine not to exceed $1,000, or
both. (Penal Code Section 466.)
AB 1848
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2)Makes the possession of a key, tool, instrument, explosive, or
device, or a drawing, print, or mold of a key, tool,
instrument, explosive, or device designed to open, break into,
or damage a coin-operated machine with the intent to commit
theft from such machine punishable by up to one year in county
jail, or by a fine of not more than $1,000, or by both.
(Penal Code Section 466.3.)
3)Provides that every person who, with the intent to use it in
the commission of an unlawful act, possesses a motor vehicle
master key, or a motor vehicle wheel lock master key is guilty
of a misdemeanor. [Penal Code Section 466.5(a).]
4)Provides that every person who, with the intent to use it in
the commission of an unlawful act, uses a motor vehicle master
key, or a motor vehicle wheel lock master key to open a lock
or operate the ignition switch of any motor or uses a motor
vehicle wheel lock master key to open a wheel lock is guilty
of a misdemeanor. [Penal Code Section 466.5(b).]
5)States that every person who knowingly manufactures for sale,
advertises for sale, offers for sale, or sells a motor vehicle
master key or a motor vehicle wheel lock master key, except to
persons that use such keys in their lawful occupation or
business is guilty of a misdemeanor. [Penal Code Section
466.5(c).]
6)Provides that every person who, with the intent to use it in
the commission of an unlawful act, possesses a motor vehicle
key with knowledge that the key was made without the consent
of either the registered or legal owner is guilty of a
misdemeanor. (Penal Code Section 466.7.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Authors Statement : According to the author, "Motorcycle theft
is easily committed using simple devices. Since stolen sport
motorcycles are frequently sold outside of this country
(especially when stolen in San Diego County), often before the
owner even knows the motorcycle is gone, motorcycle thieves
steal with impunity. In 2007, more than 1,400 sport
motorcycles were stolen in San Diego. In 2008, the number of
stolen motorcycle decreased to 1,100, partly due to a regional
AB 1848
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law enforcement undercover operation. This operation
identified three large, separate 'cells' of thieves operating
in San Diego County. Authorities were able to identify 160
individuals actively participating in one motorcycle theft
ring. According to the insurance industry, the cost of
motorcycle claims run between $8,000 - $10,000 per claim per
bike. These costs are in turned passed onto consumers in the
form of higher rates. Motorcycle thieves are able to use the
'pigtail' device quickly by simply cutting a few wires and
inserting the device into the ignition. AB1848 will outlaw
the 'pigtail', motorcycle ignition bypass devices that are
currently possessed only by motorcycle thieves. There is no
legitimate reason to be in possession of an ignition bypass
device and, in fact, even authorized motorcycle mechanics
cannot purchase this device because it is installed at the
factory facility."
2)Comments : Penal Code Section 466 makes the possession of a
picklock, crow, keybit, crowbar, screwdriver, vise-grip plier,
water-pump plier, slidehammer, slim jim, tension bar, lock
pick gun, tubular lock pick, floor-safe door puller, master
keys, or other instrument or tool with the intent to break or
enter into any building, railroad car, vessel, or vehicle a
misdemeanor. This section requires the specific intent to
"feloniously break or enter" which are the elements of
burglary. However, when a motorcycle is stolen, the
perpetrator does not "break or enter". Thus, a person can
possess the tools needed to steal a motorcycle with the intent
to steal and not be subject to prosecution. This bill merely
creates a parallel offense that makes it a misdemeanor to
possess specified tools with the intent to unlawfully take or
drive a motorcycle.
3)Prior Legislation : AB 2015 (Corbett), Chapter 335, Statutes
of 2002, made the possession of porcelain or ceramic spark
plug pieces or chips with the intent to break or enter a
building or vehicle a misdemeanor punishable by up to six
months in the county jail, by a fine not to exceed $1,000, or
both a fine and imprisonment.
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego County District Attorney (Sponsor)
AB 1848
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American Motorcyclist Association District 37
Dual Sport
California District Attorneys Association
California Motorcycle Dealers Association
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744