Bill Text: CA AB1699 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 1699 (Prior Session Legislation)

Introduced

Bill Title: Vehicles used in commission of crimes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-18 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1699 Detail]

Download: California-2021-AB1699-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1699

Introduced by Assembly Member Maienschein

January 25, 2022

An act to amend Section 12810 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1699, as introduced, Maienschein. Vehicles used in commission of crimes.

Existing law establishes that specified convictions, violations, and traffic-related incidents count as points against a driver’s record for purposes of the suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point count.

This bill would count as a point against a driver’s record a conviction of organized retail theft that involved the use or acquisition of a vehicle in the commission of the crime. The bill would also count as a point against a driver’s record a conviction of theft of a package from residences, as specified, that involved the use or acquisition of a vehicle in the commission of the crime.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 12810 of the Vehicle Code is amended to read:

12810.

In determining the violation point count, the following shall apply:

(a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.

(b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.

(d) (1) A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.

(2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.

(e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.

(f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.

(g) A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.

(h) A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.

(i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.

(2) A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.

(3) A violation of subdivision (d) of Section 21712 shall not result in a violation point count.

(4) A violation of Section 23136 shall not result in a violation point count.

(5) A violation of Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count.

(j) A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.

(k) A conviction of a violation of Section 490.4 of the Penal Code involving the use or acquisition of a vehicle in the commission of the crime shall be given a value of one point.
(l) A value of one point shall be given for a conviction of a violation of Section 484, 487, 490.1, or 490.2 of the Penal Code, if all the following conditions are met:
(1) A vehicle was acquired or used in the commission of the crime.
(2) The crime involved the theft of a package.
(3) The package was taken from the curtilage of a dwelling or from an authorized depository for packages for an apartment building or other multi-unit dwelling.
(4) For purposes of this subdivision, “curtilage” means an area adjacent to or in the immediate area of the dwelling, and to which the activity of home life extends, including, but not limited to, a porch, doorstep, patio, stoop, driveway, hallway, or enclosed yard.