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california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)

INTRODUCED BY Assembly Member Carter

FEBRUARY 9, 2011

An act to amend Sections 2805 and 2810 of the Vehicle Code,
relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 316, as introduced, Carter. Vehicles: theft inspection.
(1) Existing law authorizes, for the purpose of locating stolen
vehicles, any member of the California Highway Patrol, or a member of
a city police department, a county sheriff's office, or a district
attorney investigator whose primary responsibility is to conduct
vehicle theft investigations, to inspect any vehicle of a type
required to be registered under the Vehicle Code, or any identifiable
vehicle component thereof, and implements of husbandry, special
construction equipment, forklifts, and special mobile equipment on a
highway or in any public garage, or at any agricultural or
construction work location where work is being actively performed,
and other specified locations, as specified.
This bill would additionally authorize the above-designated law
enforcement officers to conduct agricultural or construction vehicle
theft investigations.
(2) Existing law authorizes the Department of the California
Highway Patrol to stop a vehicle transporting timber products,
livestock, poultry, farm produce, crude oil, petroleum products, or
inedible kitchen grease and inspect certain documents to determine
whether the driver is in legal possession of the load, and, upon
reasonable belief that the driver of the vehicle is not in legal
possession, to take custody of the vehicle and load, as prescribed,
and imposes duties on the sheriff with respect to the care and
safekeeping of those products.
This bill would make those provisions applicable with regard to a
vehicle that is transporting metal products or metal alloy products.
By imposing additional duties on a sheriff regarding the care and
safekeeping of metal products and metal alloy products, this bill
would impose a state-mandated local program.
The bill additionally would authorize a member of a city police
department and a member of a county sheriff's office, whose primary
responsibility is to conduct theft investigations, to stop and
inspect vehicles transporting any of those loads.
(3)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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 2805 of the Vehicle Code is amended to read:
2805. (a) (1) For the purpose of locating
stolen vehicles, (1) (A) any member of
the Department of the California Highway Patrol, or
(2) (B) a member of a city police
department, a member of a county sheriff's office, or a district
attorney investigator , whose primary
responsibility is to conduct vehicle theft investigations or
conduct agricultural or construction vehicle theft investigations,
may inspect any a vehicle of a
type required to be registered under this code, or any identifiable
vehicle component thereof, on a highway or in any
a public garage, repair shop, terminal, parking lot, new
or used car lot, automobile dismantler's lot, vehicle shredding
facility, vehicle leasing or rental lot, vehicle equipment rental
yard, vehicle salvage pool, or other similar establishment, or
any at an agricultural or construction
work location where work is being actively performed, and may inspect
the title or registration of vehicles, in order to establish the
rightful ownership or possession of the vehicle or identifiable
vehicle component.
As

(2) As used in this subdivision,
"identifiable vehicle component" means any a
component which that can be
distinguished from other similar components by a serial number or
other unique distinguishing number, sign, or symbol.
(b) A member of the Department of the California
Highway Patrol, or a member of a city police department or
county sheriff's office, or a district attorney investigator whose
primary responsibility is to conduct vehicle theft investigations
, or conduct agricultural or construction
vehicle theft investigations,
may also inspect, for the
purposes specified in subdivision (a), implements of husbandry,
special construction equipment, forklifts, and special mobile
equipment in the places described in subdivision (a) or when that
vehicle is incidentally operated or transported upon a highway.
(c) Whenever possible, inspections conducted pursuant to
subdivision (a) or (b) shall be conducted at a time and in a manner
so as to minimize any interference with, or delay of, business
operations.
SEC. 2. Section 2810 of the Vehicle Code is amended to read:
2810. (a) A member of the Department of the California
Highway Patrol , or a member of a city police department or a
county sheriff's office
whose primary responsibility is to
conduct theft investigations,
may stop any vehicle
transporting any timber products, livestock, poultry, farm produce,
crude oil, petroleum products, metal products, metal alloy
products,
or inedible kitchen grease, and inspect the bills of
lading, shipping or delivery papers, or other evidence to determine
whether the driver is in legal possession of the load, and, upon
reasonable belief that the driver of the vehicle is not in legal
possession, shall take custody of the vehicle and load and turn them
over to the custody of the sheriff of the county in which the timber
products, livestock, poultry, farm produce, crude oil, petroleum
products, metal products, metal alloy products, or
inedible kitchen grease, or any part thereof, is apprehended.
(b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended timber products, livestock, poultry,
farm produce, crude oil, petroleum products, metal products,
metal alloy products,
or inedible kitchen grease, or any part
thereof, and immediately, in cooperation with the department, proceed
with an investigation and its legal disposition.
(c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.