(a) Any person who, having been convicted of a previous
violation of Section 10851 of the Vehicle Code, or of subdivision (d)
of Section 487, involving a vehicle or vessel, and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for the offense, is subsequently
convicted of a violation of Section 499b, involving a vehicle or
vessel, is punishable for the subsequent offense by imprisonment in
the county jail not exceeding one year or the state prison for 16
months, two, or three years.
   (b) Any person convicted of a violation of Section 499b, who has
been previously convicted under charges separately brought and tried
two or more times of a violation of Section 499b, all such violations
involving a vehicle or vessel, and who has been imprisoned therefore
as a condition of probation or otherwise at least once, is
punishable by imprisonment in the county jail for not more than one
year or in the state prison for 16 months, two, or three years.
   (c) This section shall become operative on January 1, 1997.

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Last modified: July 31, 2008