AB 391 — Leased and rented vehicles: embezzlement and theft.

Summary

Existing law establishes a presumption that a person who willfully and intentionally fails to return a leased or rented vehicle to its owner within 5 days of the expiration of the agreement has embezzled the vehicle. Existing law requires a peace officer, upon receiving a report based on reliable information that a registered vehicle has been stolen, or that a leased or rented vehicle has not been returned within 5 days after its owner has made written demand for its return, to report the information to the Department of Justice Stolen Vehicle System by certified or registered mail, following the expiration of the lease or rental agreement. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction. This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 72 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 72 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact them if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes. The bill would repeal its provisions on January 1, 2024.

Bill Text

• Chaptered 10/08/19 - Chaptered Current pdf October 08, 2019
• Enrolled 09/06/19 - Enrolled pdf September 06, 2019
• Amended 08/21/19 - Amended Senate pdf August 21, 2019
• Amended 06/24/19 - Amended Senate pdf June 24, 2019
• Amended 03/11/19 - Amended Assembly pdf March 11, 2019
• Introduced 02/06/19 - Introduced pdf February 06, 2019
• AB391 View text html

Action History

1. October 08, 2019

   Chaptered by Secretary of State - Chapter 609, Statutes of 2019.

2. October 08, 2019

   Approved by the Governor.

3. September 11, 2019

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 05, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 1. Page 3010.).

5. August 30, 2019

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 1 pursuant to Assembly Rule 77.

6. August 30, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2328.).

7. August 27, 2019

   Ordered to special consent calendar.

8. August 22, 2019

   Read second time. Ordered to third reading.

9. August 21, 2019

   Read third time and amended. Ordered to second reading.

10. July 09, 2019

    Read second time. Ordered to third reading.

11. July 08, 2019

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

12. June 24, 2019

    Read second time and amended. Re-referred to Com. on APPR.

13. June 20, 2019

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 18).

14. May 22, 2019

    Referred to Com. on PUB. S.

15. May 14, 2019

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 13, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1. Page 1626.)

17. May 09, 2019

    Read second time. Ordered to third reading.

18. May 08, 2019

    From committee: Do pass. (Ayes 18. Noes 0.) (May 8).

19. May 01, 2019

    In committee: Set, first hearing. Hearing canceled at the request of author.

20. April 24, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 23). Re-referred to Com. on APPR.

21. March 25, 2019

    From committee: Be re-referred to Com. on PUB. S. Re-referred. (Ayes 12. Noes 0.) (March 25). Re-referred to Com. on PUB. S.

22. March 14, 2019

    Re-referred to Com. on RLS. pursuant to Assembly Rule 96(a).

23. March 12, 2019

    Re-referred to Com. on P. & C.P.

24. March 11, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

25. February 15, 2019

    Referred to Com. on P. & C.P.

26. February 07, 2019

    From printer. May be heard in committee March 9.

27. February 06, 2019

    Read first time. To print.

Sponsors

• Voepel · Primary

Votes

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