AB 853

This bill increases the penalties for vehicle theft, reckless driving, and fleeing

an officer.

Vehicle theft

Under current law, if a person takes or operates a vehicle or commercial motor

vehicle without the consent of the owner (vehicle theft), the person is guilty of a

felony. Under current law, the class of felony for the crime of vehicle theft depends

on whether the person used force, the type of force used, whether it is a repeat

offense, and whether the vehicle was a commercial vehicle.

The bill increases the penalties for vehicle theft by one felony classification and

imposes a 30-day mandatory minimum term of incarceration for vehicle theft, for

knowingly being a passenger in a stolen vehicle, or for removing a part of a vehicle

without the consent of the owner.

Currently, subject to certain exceptions, a person under 17 years of age who is

alleged to have violated a criminal law is subject to the jurisdiction of the Juvenile

Court, which is assigned to exercise jurisdiction under the Juvenile Justice Code,

and is subject to the procedures and dispositions specified in the Juvenile Justice

Code. Under current law, a person who is under the jurisdiction of the Juvenile Court

is not subject to the sentencing requirements under the Criminal Code. Under the

bill, if a juvenile has been adjudged delinquent for vehicle theft, for knowingly being

a passenger in a stolen vehicle, or for stealing a part of a vehicle, the Juvenile Court

is required to place the juvenile in a secured placement in a juvenile detention

facility, juvenile portion of a county jail, or juvenile correctional facility for a

minimum of 30 days, in addition to any other dispositions that are available under

the Juvenile Justice Code.

Under the bill, if a prosecutor seeks to amend or dismiss a charge of vehicle

theft, or if a petitioner seeks to amend or dismiss a petition that alleges that a

juvenile has violated the vehicle theft laws, the charge or petition may be amended

or dismissed only if the court finds that doing so is consistent with the public's

interest in deterring the theft of motor vehicles.

Reckless driving

Under current law, no person may endanger the safety of any person or property

by the negligent operation of a vehicle, commonly referred to as “reckless driving.”

Under the bill:

1. The penalty for reckless driving is increased from a $25-$200 forfeiture to

a $50-$500 forfeiture.

2. The penalty for a second or subsequent reckless driving offense in a

four-year period is increased from a fine of $50-$500 to a fine of $100-$1,000.

3. The penalty for recklessly driving on or across a railroad crossing is increased

from a $300-$1,000 forfeiture to a $600-$10,000 forfeiture.

4. The penalty for reckless driving that causes bodily harm to another is