BILL ANALYSIS �
AB 1323
Page 1
Date of Hearing: April 4, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1323 (Gatto) - As Amended: March 24, 2011
SUBJECT : Vehicles: anti-theft programs
SUMMARY : Requires a court to impose an additional penalty
equivalent to all reasonable investigative costs on any person
convicted of felony or misdemeanor vehicular theft.
EXISTING LAW : Authorizes counties to impose a $1 fee upon
vehicle registration and registration renewal, the proceeds of
which may be expended only to fund programs that enhance the
capacity of local police and prosecutors to deter, investigate,
and prosecute vehicle theft crimes. In any county with a
population of 250,000 or less, the funds may also be expended
for the prosecution of crimes involving driving while under the
influence of alcohol or drugs, or both, or vehicular
manslaughter, or any combination of those crimes.
FISCAL EFFECT : Unknown
COMMENTS : The author has presented this bill as an enhancement
for the anti-theft programs that resulted from SB 2139 (Davis)
Chapter 1670, Statutes of 1990, which authorized counties to
undertake vehicle theft deterrence programs to be financed by a
$1 surcharge on vehicle registrations. He cites highly
successful efforts in Los Angeles and San Diego Counties under
SB 2139 that have recovered tens of thousands of stolen vehicles
and resulted in thousands of successful prosecutions of car
thieves.
Bemoaning the fact that no new resources have been directed to
these programs since their inception, the author asserts that by
penalizing convicted thieves, "This measure would allow counties
to recover some of (their) costs from those who can best afford
it: the criminals who profit from victimizing Californians.
Allowing law enforcement to recover the cost of investigating
these crimes would help allow counties to keep (anti-theft) task
forces operating and reduce auto theft statewide." It should
also be noted that the existing programs are funded by a fee on
law-abiding vehicle owners (who, as the author points out, are
the victims), as opposed to the criminals themselves, who would
AB 1323
Page 2
fund this enhancement.
Opponents complain that "penalties for those offenses are stiff
enough already. In felony cases, a court can impose a
restitution fine of up to $10,000." They also question whether
the revenues generated by this bill would offset its additional
administrative burden.
Suggested committee amendment : The intent of this bill is to
penalize "those who can best afford it, the criminals who profit
from victimizing Californians." While this may well include the
majority of car thieves: career criminals, theft rings, etc.,
there are other car thieves who may be occasional or even
one-time offenders whose activities net them nowhere near the
cost of investigation. Therefore, it may be prudent to give
courts the authority to assess these fines, but not to make the
fines mandatory. This can be accomplished by replacing the word
"shall" with the word "may" on page 5, line 4 of the bill.
REGISTERED SUPPORT / OPPOSITION :
Support
Association for Los Angeles County Deputy Sheriffs
Los Angeles County Sheriff's Office
Los Angeles Police Protective League
Police Officers Research Association of California
Riverside Sheriffs' Association
Opposition
California Coalition for Women Prisoners
Legal Services for Prisoners with Children
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093