BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1848|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1848
Author: Garrick (R)
Amended: 3/17/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/22/10 (Consent) - See last page
for vote
SUBJECT : Tools for stealing motorcycles
SOURCE : San Diego County District Attorney
DIGEST : This bill defines a new misdemeanor that would
be committed where a person possesses a tool or device with
the specific intent of stealing a motorcycle.
ANALYSIS : Existing law provides that any person who
possesses specified burglary tools (picklock, vise grip,
slim jim, master key, etc.) with the intent to break into
or enter any building, vehicle or vessel, is guilty of a
misdemeanor. Any person who, without authority, makes or
alters a key (or specified tool) so as to open the lock of
a building, vehicle, etc., is guilty of a misdemeanor.
(Section 466 of the Penal Code [PEN])
CONTINUED
AB 1848
Page
2
Existing law provides that any person who makes, alters, or
repairs any instrument or thing, knowing or having reason
to believe that it is intended to be used in committing a
misdemeanor or felony, is guilty of a misdemeanor. (PEN
Section 466)
Existing law provides that any person who possesses a tool
designed to break into a vending machine, and who intends
to commit theft from such a machine, is guilty of a
misdemeanor. (PEN Section 466.3)
This bill 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.
This bill 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/29/10)
San Diego County District Attorney (source)
American Motorcyclist Association District 37
Association of Los Angeles Deputy Sheriffs
California District Attorneys Association
California Motorcycle Dealers Association
California Peace Officers' Association
California Police Chiefs Association
CONTINUED
AB 1848
Page
3
California State Sheriffs' Association
Los Angeles Police Protective League
Riverside Sheriffs' Association
Sheriff of San Bernardino County
ARGUMENTS IN SUPPORT : 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 14-hundred sport motorcycles
were stolen in San Diego. In 2008, the number of stolen
motorcycles decreased to 11-hundred, partly due to a
regional 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 - 10,000.00 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. AB 1848 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.
"Penal Code section 466 prohibits possession of 'burglary
tools,' which include auto theft tools such as slim jims
and shaved keys since it is a 'burglary' to enter a
locked motor vehicle. Also prohibited are 'other
instrument[s] or tool[s]' with the intent to commit
burglary. These items are not illegal to possess if the
possessor intends to steal a motorcycle since that crime
does not involve burglary. When police catch a criminal
in possession of a motorcycle ignition bypass device
called a 'pigtail,' that criminal can not be arrested.
CONTINUED
AB 1848
Page
4
"Penal Code section 466 also makes it illegal to 'make,
alter, or repair any instrument or thing, knowing or
having reason to believe that it is intended to be used
in committing a misdemeanor or felony,' but this requires
proving that the person made, altered or repaired a
motorcycle theft tool (as opposed to merely possess the
item.) Moreover, many items used to steal motorcycles
have legitimate uses and are not modified in any way.
Thus, when suspected motorcycle thieves are found in the
middle of the night, for example, in an area known for
motorcycle theft, and they possess many of the tools of
the trade, such as motorcycle ignitions, wire cutters,
wire strippers, or bolt cutters, they likewise can not be
arrested.
"Finally, in cases which a convicted motorcycle thief is
granted probation, it is possible to order the
probationer not to possess the items proposed in this
legislation. If the probationer returns to stealing
motorcycles, he will likely get away with it, but it is
easy to find the tools of his trade by simply conducting
a probation search. The same deterrent effect should
apply to non-probationers."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby, Vacancy
CONTINUED
AB 1848
Page
5
RJG:mw 6/30/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED