BILL NUMBER: AB 2489	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 27, 2012

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 24, 2012

   An act to amend  Section 19.8 of the Penal Code, and to amend
 Section 4464 of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2489, as amended, Hall. Vehicles: license plates: alteration.
   (1) Existing law prohibits a person from displaying upon a vehicle
a license plate altered from its original markings. A violation of
this provision is an infraction  and the penalty for the first
conviction of an infraction under the Vehicle Code is a fine not
exceeding $100  .
   This bill would define "altered" to mean defacing the license
plate in any manner designed to avoid visual or electronic capture of
the license plate or its characters and would provide that "defacing"
includes painting over or erasing the reflective coating of a
license plate. By expanding the definition of an existing crime, the
bill would impose a state-mandated local program. The bill would
 also increase the penalty to a misdemeanor  
provide that a violation of this prohibition is  punishable by a
fine of not  less   more  than 
$500   $250 and would provide that the offense is
subject to specified procedures with regard to a defendant electing
to have the case proceed as a misdemeanor  .
   (2) 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 19.8 of the   Penal
Code   is amended to read: 
   19.8.  The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
and 853.7 of this code; subdivision (c) of Section 532b, and
subdivision (n) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections  4464,  12500,
14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any
other offense  which   that  the
Legislature makes subject to subdivision (d) of Section 17. Except
where a lesser maximum fine is expressly provided for a violation of
 any of  those sections,  any  
a  violation  which   that  is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).
   Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for  any
  an  offense made an infraction under subdivision
(d) of Section 17 is not grounds for the suspension, revocation, or
denial of  any   a  license, or for the
revocation of probation or parole of the person convicted.
   SECTION 1.   SEC. 2.   Section 4464 of
the Vehicle Code is amended to read:
   4464.  (a) A person shall not display upon a vehicle a license
plate that is altered from its original markings.
   (b) As used in this section, the following definitions apply:
   (1) "Altered" means defacing the license plate in any manner
designed to avoid visual or electronic capture of the license plate
or its characters.
   (2) "Defacing" includes, but is not limited to, painting over or
erasing the reflective coating of a license plate.
   (c) A violation of this section is  a misdemeanor
  an infraction  punishable by a fine of not
 less   more  than  five hundred
dollars ($500)   two hundred and fifty dollars ($250),
pursuant to Section 19.8 of the Penal Code  .
   SEC. 2.   SEC. 3.   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.