AB 92

Current law prohibits, with certain exceptions, a person from operating a motor

vehicle on a highway unless the vehicle owner or operator has in effect a motor

vehicle liability insurance policy with respect to the motor vehicle. Any person who

violates this requirement may be required to forfeit not more than $500. Current law

also prohibits a person from operating a motor vehicle on a highway unless the

person has in his or her immediate possession proof that he or she is in compliance

with the insurance requirement. Any person who violates this provision may be

required to forfeit $10.

Also under current law, a person may not do any of the following for purposes

of creating the appearance of satisfying the insurance requirement:

1. Forge, falsify, counterfeit, or fraudulently alter an insurance document.

2. Possess any forged, falsified, fictitious, counterfeit, or fraudulently altered

insurance document.

3. Represent that an insurance document is valid and in effect, knowing or

having reason to believe that the document is not valid or not in effect.

Any person who violates this provision may be required to forfeit not more than

$5,000.

This bill alters the penalties for violations of the motor vehicle insurance

requirements. Under this bill, a person who violates the requirement that the owner

or operator of a motor vehicle be insured is subject to the following penalties:

1. A forfeiture of not less than $1,000 and not more than $5,000 for a first

offense.

2. A forfeiture of not less than $2,500 nor more than $7,500 for a second or

subsequent offense occurring within three years.

3. If the person, in the course of the violation, causes bodily harm to another

or damage to the property of another, a forfeiture of not less than $5,000 nor more

than $7,500. If, however, the person committing the violation knows at the time of

the violation that he or she is not appropriately insured, the person committing the

violation is guilty of a Class I felony, punishable by a fine not to exceed $10,000 or

imprisonment not to exceed three years and six months, or both.

4. If the person, in the course of the violation, causes the death of another, a

forfeiture of not less than $7,500 nor more than $10,000. If, however, the person

committing the violation knows at the time of the violation that he or she is not

appropriately insured, the person committing the violation is guilty of a Class H

felony, punishable by a fine not to exceed $10,000 or imprisonment not to exceed six

years, or both.

Also under this bill, a person who violates the possession of proof of insurance

requirement may be required to forfeit not less than $25 nor more than $125 for a

first offense, not less than $150 nor more than $300 for the second offense occurring

within three years, and not less than $250 nor more than $500 for the third or