AB 1122

This bill creates a new crime related to motor vehicle entry devices and modifies financial liability standards applicable to persons renting motor vehicles.

Under the bill, it is a Class I felony to manufacture, sell, offer to sell, transfer, possess, or permit another to use a motor vehicle key programming or emulating device or a relay attack device with intent that the device be used to commit a crime. Additionally, any person who is authorized to possess a motor vehicle key programming or emulating device or relay attack device for any legitimate purpose must report such a device lost or stolen within 48 hours or be guilty of a Class I felony. Under current law, a Class I felony is punishable by a fine of up to $10,000 or imprisonment for up to three years and six months, or both.

Currently, a motor vehicle rental company may hold a renter of a private passenger vehicle responsible for physical or mechanical damage to the vehicle caused by a theft of the vehicle while the vehicle is under a rental agreement if the theft is intentionally caused by the renter. Under the bill, the renter may be held responsible for such damage caused by any theft during the rental agreement.

Current law prohibits a rental company from offering for sale damage waivers in conjunction with a rental agreement unless the waiver meets certain standards. Among these standards is a prohibition on denial of coverage for damage unless the damage is of a sort listed in the statutes. Among the sorts of damage that may be excluded from coverage are damage occurring while the driver is driving while intoxicated or damage that is intentionally caused. The bill adds to this list damage occurring due to theft of the vehicle if 1) the theft is caused by the intentional conduct or negligent vehicle management of the renter, 2) the renter fails to file an official report of the theft with a law enforcement agency within 24 hours of learning of the theft, or 3) the renter fails to reasonably cooperate with a rental company or law enforcement investigation of the theft.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.