BILL NUMBER: AB 1272 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Grove
FEBRUARY 27, 2015
An act to amend Section 22500 of add
Section 729 to the Business and Professions Code, to
amend Sections 6250 and 6251 of, and to add Section 6211.1 to, the
Family Code, and to amend Sect ion 836 of, and to add
Section 268 to, the Penal Code, relating to business
developmental disabilities .
LEGISLATIVE COUNSEL'S DIGEST
AB 1272, as amended, Grove. Ticket sellers.
Persons with developmental disabilities: sexual exploitation.
(1) Existing law establishes that the crime of sexual exploitation
by a physician and surgeon, psychotherapist, or alcohol and drug
abuse counselor has occurred when any physician and surgeon,
psychotherapist, alcohol and drug abuse counselor engages in
specified sexual acts with a patient or client, or with a former
patient or client, as provided.
This bill would provide that a developmental disability
residential service provider is guilty of sexual exploitation when he
or she engages in specified sexual acts with a person with a
developmental disability who is an inpatient or resident of a
treatment or care facility, unless the person is his or her spouse or
domestic partner. Because this bill would create a new crime, it
would impose a state-mandated local program.
(2) Existing law authorizes a judicial officer to issue an ex
parte emergency protective order when a law enforcement officer has
reasonable grounds to believe that a person is in immediate and
present danger of domestic violence, a child is in immediate and
present danger of abuse by a family or household member or may be
abducted by a parent or relative, or when an elder or dependant adult
is in immediate and present danger of abuse, as specified.
This bill would also authorize a judicial officer to issue an ex
parte emergency protective order when a law enforcement officer has
reasonable grounds to believe that a person with a developmental
disability is in immediate and present danger of sexual exploitation
by a developmental disability residential service provider.
(3) Existing law requires that any time a peace officer is called
out on a domestic violence call, the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest,
except as specified.
This bill would, among other things, also require a peace officer
who receives a call alleging that a person with a developmental
disability is being sexually exploited by a developmental disability
residential service provider, to inform the victim of his or her
right to make a citizen's arrest, except as specified. By imposting
additional duties on local authorities, the bill would create a
state-mandated local program.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement. This bill would provide that with regard to certain
mandates no reimbursement is required by this act for a specified
reason. With regard to any other mandates, this bill would provide
that, if the Commission on State Mandates determines that the bill
contains costs so mandated by the state, reimbursement for those
costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a ticket seller to have a permanent business
address that shall be included in any advertisement and from which
tickets may only be sold and requires the ticket seller to be
licensed as may be required by a local jurisdiction. A violation of
these provisions is a crime and is subject to a civil penalty.
This bill would make a nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 729 of the Business
and Professions Code is amended to read:
729. (a) (1) Any physician and surgeon,
psychotherapist, alcohol and drug abuse counselor or any person
holding himself or herself out to be a physician and surgeon,
psychotherapist, or alcohol and drug abuse counselor, who engages in
an act of sexual intercourse, sodomy, oral copulation, or sexual
contact with a patient or client, or with a former patient or client
when the relationship was terminated primarily for the purpose of
engaging in those acts, is guilty of sexual exploitation,
unless the physician and surgeon, psychotherapist, or alcohol and
drug abuse counselor has referred the patient or client to an
independent and objective physician and surgeon, psychotherapist, or
alcohol and drug abuse counselor recommended by a third-party
physician and surgeon, psychotherapist, or alcohol and drug abuse
counselor for treatment, is guilty of sexual exploitation by
a physician and surgeon, psychotherapist, or alcohol and drug abuse
counselor. treatment.
(2) Any developmental disability residential service provider who
engages in an act of sexual intercourse, sodomy, oral copulation, or
sexual contact with a person with a developmental disability who is
an inpatient or resident of a treatment or care facility where the
provider is employed or holds himself or herself out to be employed,
or any former developmental disability residential service provider
who engages in any of those acts with an inpatient or resident when
the inpatient or resident has not been informed or does not
understand that the former provider is not employed by the treatment
or care facility, is guilty of sexual exploitation.
(b) Sexual exploitation by a physician and surgeon,
psychotherapist, or alcohol and drug abuse
counselor , or a developmental disability residential service
provider is a public offense:
(1) An act in violation of subdivision (a) shall be punishable by
imprisonment in a county jail for a period of not more than six
months, or a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(2) Multiple acts in violation of subdivision (a) with a single
victim, when the offender has no prior conviction for sexual
exploitation, shall be punishable by imprisonment in a county jail
for a period of not more than six months, or a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
(3) An act or acts in violation of subdivision (a) with two or
more victims shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, and a fine not exceeding ten
thousand dollars ($10,000); or the act or acts shall be punishable by
imprisonment in a county jail for a period of not more than one
year, or a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(4) Two or more acts in violation of subdivision (a) with a single
victim, when the offender has at least one prior conviction for
sexual exploitation, shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, and a fine not exceeding ten
thousand dollars ($10,000); or the act or acts shall be punishable by
imprisonment in a county jail for a period of not more than one
year, or a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(5) An act or acts in violation of subdivision (a) with two or
more victims, and the offender has at least one prior conviction for
sexual exploitation, shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, and a fine not exceeding ten
thousand dollars ($10,000).
For
(c) For purposes of subdivision
(a), in no instance shall consent of the patient or client
be consent of the alleged victim is not a
defense. However, physicians and surgeons shall not be guilty of
sexual exploitation for touching any intimate part of a patient or
client unless the touching is outside the scope of medical
examination and treatment, or the touching is done for sexual
gratification. In addition, developmental disability residential
service providers shall n ot be guilty of sexual
exploitation for touching any intimate part of an inpatient or
resident unless the touching is outside the scope of his or her care
or treatment responsibilities or the touching is done for sexual
gratification.
(c)
(d) For purposes of this section:
(1) "Psychotherapist" has the same meaning as defined in Section
728.
(2) "Alcohol and drug abuse counselor" means an individual who
holds himself or herself out to be an alcohol or drug abuse
professional or paraprofessional.
(3) "Sexual contact" means sexual intercourse or the touching of
an intimate part of a patient for the purpose of sexual arousal,
gratification, or abuse.
(4) "Intimate part" and "touching" have the same meanings as
defined in Section 243.4 of the Penal Code.
(5) "Developmental disability" has the same meaning as defined in
Section 4512 of the Welfare and Institutions Code.
(6) "Developmental disability residential service provider" means
either of the following:
(A) A person who is, or holds himself or herself out to be, an
employee, contractor, or volunteer of a treatment or care facility
for persons with developmental disabilities and who provides
treatment or care to inpatients or residents of the facility.
(B) A person who is, or holds himself or herself out to be, an
owner, officer, manager, or supervisor of a treatment or care
facility that provides treatment or care to inpatients or residents
who are persons with developmental disabilities.
(d)
(e) In the investigation and prosecution of a violation
of this section, no a person shall
not seek to obtain disclosure of any confidential files of
other patients, clients, or former patients or clients of the
physician and surgeon, psychotherapist, or alcohol
and drug abuse counselor , or developmental disability
residential service provider .
(e)
(f) (1) This section does not
apply to sexual contact between a physician and surgeon and his or
her spouse or person in an equivalent domestic relationship when that
physician and surgeon provides medical treatment, other than
psychotherapeutic treatment, to his or her spouse or person in an
equivalent domestic relationship.
(2) This section does not apply to sexual contact between a
developmental disability residential service provider and his or her
spouse or person in an equivalent domestic relationship when that
service provider provides care or treatment to, or is an owner,
officer, manager, or supervisor of the facility that provides care or
treatment to, his or her spouse or person in an equivalent domestic
relationship.
(f)
(g) If a physician and surgeon, psychotherapist,
or alcohol and drug abuse counselor ,
or developmental disability residential service provider
in a professional partnership or similar group has sexual contact
with a patient , client, o r resident in
violation of this section, another physician and surgeon,
psychotherapist, or alcohol and drug abuse
counselor , or developmental disability residential service
provider in the partnership or group shall not be subject to
action under this section solely because of the occurrence of that
sexual contact.
(h) This section does not preclude arrest, prosecution, or
conviction of any person under any other law.
(i) This section and Section 268 of the Penal Code are
substantially identical. It is the intent of Legislature that this
section and Section 268 of the Penal Code remain substantially
identical following any future amendments.
SEC. 2. Section 6211.1 is added to the
Family Code , to read:
6211.1. Nothing in this division shall be interpreted to define
as domestic violence any crimes against children, elders, dependent
adults, or persons with developmental disabilities who are not
described in Section 6211.
SEC. 3. Section 6250 of the Family Code
is amended to read:
6250. A judicial officer may issue an ex parte emergency
protective order where if a law
enforcement officer asserts reasonable grounds to believe any of the
following:
(a) That a person is in immediate and present danger of domestic
violence, based on the person's allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought.
(b) That a child is in immediate and present danger of abuse by a
family or household member, based on an allegation of a recent
incident of abuse or threat of abuse by the family or household
member.
(c) That a child is in immediate and present danger of being
abducted by a parent or relative, based on a reasonable belief that a
person has an intent to abduct the child or flee with the child from
the jurisdiction or based on an allegation of a recent threat to
abduct the child or flee with the child from the jurisdiction.
(d) That an elder or dependent adult is in immediate and present
danger of abuse as defined in Section 15610.07 of the Welfare and
Institutions Code, based on an allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought, except that no emergency protective order shall be issued
based solely on an allegation of financial abuse.
(e) That a person with a developmental disability, as defined in
Section 4512 of the Welfare and Institutions Code, is in immediate
and present danger of sexual exploitation by a developmental
disability residential service provider, as described in Section 729
of the Business and Professions Code and Section 268 of the Penal
Code.
SEC. 4. Section 6251 of the Family Code
is amended to read:
6251. An emergency protective order may be issued only if the
judicial officer finds both of the following:
(a) That reasonable grounds have been asserted to believe that an
immediate and present danger of domestic violence exists, that a
child is in immediate and present danger of abuse or abduction,
or that an elder or dependent adult is in
immediate and present danger of abuse as defined in Section 15610.07
of the Welfare and Institutions Code , or that a person with a
developmental disability is in immediate and present danger of sexual
expl oitation by a developmental disability
residential service provider as described in Section 729 of the
Business and Professions Code and Section 268 of the Penal Code
.
(b) That an emergency protective order is necessary to prevent the
occurrence or recurrence of domestic violence, child abuse, child
abduction, or abuse of an elder or dependent adult
, or sexual exploitation of a person with a developmental
disability .
SEC. 5. Section 268 is added to the
Penal Code , to read:
268. (a) (1) Any physician and surgeon, psychotherapist, alcohol
and drug abuse counselor or any person holding himself or herself out
to be a physician and surgeon, psychotherapist, or alcohol and drug
abuse counselor, who engages in an act of sexual intercourse, sodomy,
oral copulation, or sexual contact with a patient or client, or with
a former patient or client when the relationship was terminated
primarily for the purpose of engaging in those acts, is guilty of
sexual exploitation, unless the physician and surgeon,
psychotherapist, or alcohol and drug abuse counselor has referred the
patient or client to an independent and objective physician and
surgeon, psychotherapist, or alcohol and drug abuse counselor
recommended by a third-party physician and surgeon, psychotherapist,
or alcohol and drug abuse counselor for treatment.
(2) Any developmental disability residential service provider who
engages in an act of sexual intercourse, sodomy, oral copulation, or
sexual contact with a person with a developmental disability who is
an inpatient or resident of a treatment or care facility where the
provider is employed or holds himself or herself out to be employed,
or any former developmental disability residential service provider
who engages in any of those acts with an inpatient or resident when
the inpatient or resident has not been informed or does not
understand that the former provider is not employed by the treatment
or care facility, is guilty of sexual exploitation.
(b) Sexual exploitation by a physician and surgeon,
psychotherapist, alcohol and drug abuse counselor, or a developmental
disability residential service provider is a public offense:
(1) An act in violation of subdivision (a) shall be punishable by
imprisonment in a county jail for a period of not more than six
months, or a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(2) Multiple acts in violation of subdivision (a) with a single
victim, when the offender has no prior conviction for sexual
exploitation, shall be punishable by imprisonment in a county jail
for a period of not more than six months, or a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
(3) An act or acts in violation of subdivision (a) with two or
more victims shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, and a fine not exceeding ten
thousand dollars ($10,000); or the act or acts shall be punishable by
imprisonment in a county jail for a period of not more than one
year, or a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(4) Two or more acts in violation of subdivision (a) with a single
victim, when the offender has at least one prior conviction for
sexual exploitation, shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, and a fine not exceeding ten
thousand dollars ($10,000); or the act or acts shall be punishable by
imprisonment in a county jail for a period of not more than one
year, or a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(5) An act or acts in violation of subdivision (a) with two or
more victims, and the offender has at least one prior conviction for
sexual exploitation, shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, and a fine not exceeding ten
thousand dollars ($10,000).
(c) For purposes of subdivision (a), consent of the alleged victim
is not a defense. However, physicians and surgeons shall not be
guilty of sexual exploitation for touching any intimate part of a
patient or client unless the touching is outside the scope of medical
examination and treatment, or the touching is done for sexual
gratification. In addition, developmental disability residential
service providers shall not be guilty of sexual exploitation for
touching any intimate part of an inpatient or resident unless the
touching is outside the scope of his or her care or treatment
responsibilities or the touching is done for sexual gratification.
(d) For purposes of this section:
(1) "Psychotherapist" has the same meaning as defined in Section
728 of the Business Professions Code.
(2) "Alcohol and drug abuse counselor" means an individual who
holds himself or herself out to be an alcohol or drug abuse
professional or paraprofessional.
(3) "Sexual contact" means sexual intercourse or the touching of
an intimate part of a patient for the purpose of sexual arousal,
gratification, or abuse.
(4) "Intimate part" and "touching" have the same meanings as
defined in Section 243.4.
(5) "Developmental disability" has the same meaning as defined in
Section 4512 of the Welfare and Institutions Code.
(6) "Developmental disability residential service provider" means
either of the following:
(A) A person who is, or holds himself or herself out to be, an
employee, contractor, or volunteer of a treatment or care facility
for persons with developmental disabilities who provides treatment or
care to inpatients or residents of the facility.
(B) A person who is, or holds himself or herself out to be, an
owner, officer, manager, or supervisor of a treatment or care
facility that provides treatment or care to inpatients or residents
who are persons with developmental disabilities.
(e) In the investigation and prosecution of a violation of this
section, a person shall not seek to obtain disclosure of any
confidential files of other patients, clients, or former patients or
clients of the physician and surgeon, psychotherapist, alcohol and
drug abuse counselor, or developmental disability residential service
provider.
(f) (1) This section does not apply to sexual contact between a
physician and surgeon and his or her spouse or person in an
equivalent domestic relationship when that physician and surgeon
provides medical treatment, other than psychotherapeutic treatment,
to his or her spouse or person in an equivalent domestic
relationship.
(2) This section does not apply to sexual contact between a
developmental disability residential service provider and his or her
spouse or person in an equivalent domestic relationship when that
service provider provides care or treatment to, or is an owner,
officer, manager, or supervisor of the facility that provides care or
treatment to, his or her spouse or person in an equivalent domestic
relationship.
(g) If a physician and surgeon, psychotherapist, alcohol and drug
abuse counselor, or developmental disability residential service
provider in a professional partnership or similar group has sexual
contact with a patient, client, or resident in violation of this
section, another physician and surgeon, psychotherapist, alcohol and
drug abuse counselor, or developmental disability residential service
provider in the partnership or group shall not be subject to action
under this section solely because of the occurrence of that sexual
contact.
(h) This section does not preclude arrest, prosecution, or
conviction of any person under any other law.
(i) This section and Section 729 of the Business and Professions
Code are substantially identical. It is the intent of Legislature
that this section and Section 729 of the Business and Professions
Code remain substantially identical following any future amendments.
SEC. 6. Section 836 of the Penal Code
is amended to read:
836. (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
(1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.
(2) The person arrested has committed a felony, although not in
the officer's presence.
(3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
(b) (1) Any time a peace officer is called
out on a domestic violence call, it shall be mandatory that the
officer make a good faith effort to inform the victim of his or her
right to make a citizen's arrest, unless the peace officer makes an
arrest for a violation of paragraph (1) of subdivision (e) of Section
243 or 273.5. This information shall include advising the victim how
to safely execute the arrest.
(2) Any time a peace officer receives a call alleging a violation
of Section 729 of the Business and Professions Code and Section 268
of this code, the officer shall make a good faith effort to inform
the victim of his or her right to make a citizen's arrest, unless the
peace officer makes an arrest. This information shall include
advising the victim or other person how to safely execute the arrest.
If the call was made by a person other than the victim and the
victim is unable to understand the information or is unable to
execute the citizen's arrest, the officer shall make a good faith
effort to inform the person who made the call of his or her right to
make the citizen's arrest.
(c) (1) (A) When a peace officer is
responding to a call alleging a violation of a domestic violence
protective or restraining order issued under Section 527.6 of the
Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or
paragraph (2) of subdivision (a) of Section 1203.097 of this code,
Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of
a domestic violence protective or restraining order issued by the
court of another state, tribe, or territory and the peace officer has
probable cause to believe that the person against whom the order is
issued has notice of the order and has committed an act in violation
of the order, the officer shall, consistent with subdivision (b) of
Section 13701, make a lawful arrest of the person without a warrant
and take that person into custody whether or not the violation
occurred in the presence of the arresting officer. The officer shall,
as soon as possible after the arrest, confirm with the appropriate
authorities or the Domestic Violence Protection Order Registry
maintained pursuant to Section 6380 of the Family Code that a true
copy of the protective order has been registered, unless the victim
provides the officer with a copy of the protective order.
(B) When a peace officer is responding to a call alleging
violation of a protective or restraining order against a
developmental disability residential service provider issued under
Section 6250 of the Family Code, and the peace officer has probable
cause to believe that the person against whom the order is issued has
notice of the order and has committed an act in violation of the
order, the officer shall make a lawful arrest of the person without a
warrant and take that person into custody whether or not the
violation occurred in the presence of the arresting officer. The
officer shall, as soon as possible after the arrest, confirm with the
appropriate authorities that a true copy of the protective or
restraining order has been registered, unless the victim or another
person provides the officer with a copy of the order.
(2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim or, in
the case of a person with a developmental disability, another person
presents to the officer proof of service of the order, the
officer confirms with the appropriate authorities that a true copy of
the proof of service is on file, or the person against whom the
protective order was issued was present at the protective order
hearing or was informed by a peace officer of the contents of the
protective order.
(3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the dominant
aggressor. In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the dominant aggressor involved in the
incident. The dominant aggressor is the person determined to be the
most significant, rather than the first, aggressor. In identifying
the dominant aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
(d) (1) Notwithstanding paragraph (1) of
subdivision (a), if a suspect commits an assault or battery upon a
current or former spouse, fiancé, fiancée, a current or former
cohabitant as defined in Section 6209 of the Family Code, a person
with whom the suspect currently is having or has previously had an
engagement or dating relationship, as defined in paragraph (10) of
subdivision (f) of Section 243, a person with whom the suspect has
parented a child, or is presumed to have parented a child pursuant to
the Uniform Parentage Act (Part 3 (commencing with Section 7600) of
Division 12 of the Family
Code), a child of the suspect, a child whose parentage by the suspect
is the subject of an action under the Uniform Parentage Act, a child
of a person in one of the above categories, any other person related
to the suspect by consanguinity or affinity within the second
degree, or any person who is 65 years of age or older and who is
related to the suspect by blood or legal guardianship, a peace
officer may arrest the suspect without a warrant where both of the
following circumstances apply:
(1)
(A) The peace officer has probable cause to believe
that the person to be arrested has committed the assault or
battery, crime, whether or not it has in fact
been committed.
(2)
(B) The peace officer makes the arrest as soon as
probable cause arises to believe that the person to be arrested has
committed the assault or battery crime
, whether or not it has in fact been committed.
(2) If a suspect violates Section 729 of the Business and
Professions Code and Section 268 of this code, a peace officer may
arrest the suspect without a warrant if the conditions of
subparagraphs (A) and (B) of paragraph (1) are satisfied.
(e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.
(3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 25400.
SEC. 7. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SECTION 1. Section 22500 of the Business and
Professions Code is amended to read:
22500. (a) A ticket seller shall have a permanent business
address from which tickets may only be sold and that address shall be
included in any advertisement or solicitation, and shall be duly
licensed as may be required by any local jurisdiction.
(b) A violation of this section shall constitute a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
or by fine not exceeding two thousand five hundred dollars ($2,500),
or by both.
(c) Any person who engages, has engaged, or proposes to engage in
a violation of this section shall be liable for a civil penalty not
to exceed two thousand five hundred dollars ($2,500) for each
violation, which may be assessed and recovered in a civil action
brought in the name of the people of the State of California by the
Attorney General, or a district attorney, or a city attorney of a
city that has a population in excess of 750,000, and, with the
consent of the district attorney, by a city prosecutor in any city,
county, or city and county that has a full-time prosecutor in any
court of competent jurisdiction. Payment of the civil penalty shall
be made pursuant to the provisions of subdivision (b) of Section
17206. For the purposes of this section, each ticket sold or offered
for sale in violation of this section shall constitute a separate
violation. The remedies provided by this section are cumulative to
each other and to the remedies or penalties available under all other
laws of this state.