This chapter shall be known and may be cited as the “Motor Vehicle Theft Prevention Act.”
Chapter 5Motor Vehicle Theft Prevention
Section § 10900
This law is officially called the "Motor Vehicle Theft Prevention Act." It focuses on measures to prevent the theft of motor vehicles.
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Section § 10901
This law focuses on the use of certain funds to prevent and investigate economic automobile theft, which is theft done for financial gain. It directs money from insurance assessments to be used by the California Highway Patrol and local law enforcement for enhanced theft prevention and investigation, including thwarting the export of stolen vehicles. Money for these purposes can't replace existing funds; it must add to them. There's also a requirement for an annual report detailing how funds were spent and the effects, like arrests and recoveries. Economic auto theft includes stealing vehicles for profit, filing false insurance claims about stolen cars, and altering vehicle ID numbers to claim stolen cars.
(a)CA Vehicle Code § 10901(a) Pursuant to Section 1872.8 of the Insurance Code, proceeds from the assessment imposed thereunder shall be used to fund prevention and increased investigation of economic automobile theft. Funds received pursuant to Section 1872.8 shall be deposited in the Motor Vehicle Account and appropriated to the Department of the California Highway Patrol for prevention and enhanced investigative efforts to deter economic automobile theft.
(b)CA Vehicle Code § 10901(b) Moneys received by the commissioner pursuant to this section shall be used to fund (1) enhanced programs to prevent and investigate economic automobile theft; (2) a program directed at investigating and interdicting the export of stolen motor vehicles and stolen motor vehicle components across an international border; and (3) to operate the CAL H.E.A.T (Californians Help Eliminate Auto Theft) program. Moneys received by a local law enforcement agency pursuant to this section shall be used to fund enhanced programs to prevent and investigate economic automobile theft and shall not be used to supplant or replace funding of existing personnel or equipment.
The commissioner shall submit an annual report to the Legislature, no later than 90 days following the completion of the fiscal year, accounting for all funds received and disbursed pursuant to this section. The report shall detail (A) the uses to which those funds were put, including payment of salaries and expenses, purchase of equipment and supplies, and other expenditures by type; and (B) results achieved as a consequence of expenditures made, including the number of investigations, arrests, complaints filed, convictions, and the number of vehicles recovered and amounts of property losses saved.
(c)CA Vehicle Code § 10901(c) As used in this section, “economic automobile theft” means automobile theft perpetrated for financial gain, including, but not limited to, the following:
(1)CA Vehicle Code § 10901(c)(1) Theft of a motor vehicle for financial gain.
(2)CA Vehicle Code § 10901(c)(2) Reporting that a motor vehicle has been stolen for the purpose of filing a false insurance claim.
(3)CA Vehicle Code § 10901(c)(3) Engaging in any act prohibited by Chapter 3.5 (commencing with Section 10801) of Division 4 this code.
(4)CA Vehicle Code § 10901(c)(4) Switching of vehicle identification numbers to obtain title to a stolen motor vehicle.
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Section § 10902
The California Highway Patrol is required to create a program called CAL H.E.A.T. to combat auto theft. It includes a toll-free hotline for the public to report car thefts, which are then shared with law enforcement. The program's success is measured in an annual report showing statistics like calls, arrests, convictions, and vehicles recovered.
If insurance companies provide funding, the program can also offer rewards for tips that lead to arrests and convictions for car theft. In this case, a special claims board with members from law enforcement and the insurance industry will decide the reward amounts.
The Department of the California Highway Patrol shall establish a program entitled “CAL H.E.A.T.” (Help Eliminate Auto Theft) for the purpose of reducing the incidence of economic auto theft in California. The program shall be an anti-auto theft program with a toll-free telephone hotline operator funded by the department using funds distributed to it pursuant to Section 10901. The hotline operator shall channel reports from the public regarding auto thefts to state and local law enforcement agencies. In the annual report, the commissioner shall report on the results of this program, including the number of calls from the public reporting a suspected motor vehicle theft, the number of arrests, complaints filed, convictions, and vehicles recovered, and the amount of property losses saved as a result of the program.
If funded by admitted insurers in this state, the program may offer rewards for reports that lead to the arrest and conviction of a person engaged in economic automobile theft. If so funded, the Department of the California Highway Patrol shall establish a claims board, which shall include appointments from state and local law enforcement agencies and the insurance industry, to determine the amount of individual awards.
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Section § 10904
This law allows the commissioner to create an educational campaign for the public. The goal is to stop people from committing auto insurance fraud and to motivate them to report any fraudulent claims they see.
The commissioner may develop a public education campaign to deter participation in auto insurance fraud and to encourage reporting of fraudulent claims.
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