BILL NUMBER: AB 924 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 9, 2013
AMENDED IN ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 22, 2013
An act to amend Section 8214.1 of the Government Code, to
amend Sections 1265.5, 1337.9, and 1736.5 of the Health and Safety
Code, a nd to amend Sections 186.2, 463,
487 and , 487a, 489 , and 1202.5
of the Penal Code, relating to grand theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 924, as amended, Bigelow. Grand theft.
Under existing law, every person who feloniously steals,
takes, carries, leads, or drives away the personal property of
another, or who fraudulently appropriates the property which has been
entrusted to him or her, among other things, is guilty of theft.
Under existing law, grand theft is generally theft committed
when the money, labor, or real or personal property taken is of a
value exceeding $950, or when certain kinds of property are taken.
Under existing law, grand theft is committed when the property taken
is a horse, mare, gelding, any bovine animal, any caprine animal,
mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig,
or if a person steals the carcass or portion of the carcass of any
bovine, caprine, equine, ovine, or suine animal, or of any mule,
jack, or jenny. Under existing law, grand theft is punishable either
as a felony or a misdemeanor.
This bill would make grand theft of the above-specified animals
punishable as a felony or a misdemeanor, or by a fine not exceeding
$5,000, or by both that fine and imprisonment. The bill would require
the proceeds of the fine to be allocated to the Bureau of Livestock
Identification to be used upon appropriation for specified purposes.
The bill would make technical, nonsubstantive, and conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8214.1 of the
Government Code is amended to read:
8214.1. The Secretary of State may refuse to appoint any person
as notary public or may revoke or suspend the commission of any
notary public upon any of the following grounds:
(a) Substantial and material misstatement or omission in the
application submitted to the Secretary of State to become a notary
public.
(b) Conviction of a felony, a lesser offense involving moral
turpitude, or a lesser offense of a nature incompatible with the
duties of a notary public. A conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of this
subdivision.
(c) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct based on dishonesty, or for any cause
substantially relating to the duties or responsibilities of a notary
public.
(d) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a notary public.
(e) When adjudicated liable for damages in any suit grounded in
fraud, misrepresentation, or for a violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties as a notary public.
(f) The use of false or misleading advertising wherein the notary
public has represented that the notary public has duties, rights, or
privileges that he or she does not possess by law.
(g) The practice of law in violation of Section 6125 of the
Business and Professions Code.
(h) Charging more than the fees prescribed by this chapter.
(i) Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the notary public or
another, or substantially injure another.
(j) Failure to complete the acknowledgment at the time the notary'
s signature and seal are affixed to the document.
(k) Failure to administer the oath or affirmation as required by
paragraph (3) of subdivision (a) of Section 8205.
(l) Execution of any certificate as a notary public containing a
statement known to the notary public to be false.
(m) Violation of Section 8223.
(n) Failure to submit any remittance payable upon demand by the
Secretary of State under this chapter or failure to satisfy any
court-ordered money judgment, including restitution.
(o) Failure to secure the sequential journal of official acts,
pursuant to Section 8206, or the official seal, pursuant to Section
8207, or willful failure to report the theft or loss of the
sequential journal, pursuant to subdivision (b) of Section 8206.
(p) Violation of Section 8219.5.
(q) Commission of an act in violation of Section 6203, 8214.2,
8225, or 8227.3 of the Government Code or of Section 115, 470, 487,
subdivision (a) of Section 487a, or Section
530.5 of the Penal Code.
(r) Willful failure to provide access to the sequential journal of
official acts upon request by a peace officer.
SEC. 2. Section 1265.5 of the Health
and Safety Code is amended to read:
1265.5. (a) (1) Prior to the initial licensure or renewal of a
license of any person or persons to operate or manage an intermediate
care facility/developmentally disabled habilitative, an intermediate
care facility/developmentally disabled-nursing, an intermediate care
facility/developmentally disabled-continuous nursing, or an
intermediate care facility/developmentally disabled, other than an
intermediate care facility/developmentally disabled operated by the
state, that secures criminal record clearances for its employees
through a method other than as specified in this section or upon the
hiring of direct care staff by any of these facilities, the
department shall secure from the Department of Justice criminal
offender record information to determine whether the applicant,
facility administrator or manager, any direct care staff, or any
other adult living in the same location, has ever been convicted of a
crime other than a minor traffic violation.
(2) (A) The criminal record clearance shall require the applicant
to submit electronic fingerprint images and related information of
the facility administrator or manager, and any direct care staff, or
any other adult living in the same location, to the Department of
Justice. Applicants shall be responsible for any cost associated with
capturing or transmitting the fingerprint images and related
information.
(B) The criminal record clearance shall be completed prior to
direct staff contact with residents of the facility. A criminal
record clearance shall be complete when the department has obtained
the person's criminal record information from the Department of
Justice and has determined that he or she is not disqualified from
engaging in the activity for which clearance is required.
(3) (A) The Licensing and Certification Program shall issue an All
Facilities Letter (AFL) to facility licensees when it determines
that both of the following criteria have been met for a period of 30
days:
(i) The program receives, within three business days, 95 percent
of its total responses indicating no evidence of recorded criminal
information from the Department of Justice.
(ii) The program processes 95 percent of its total responses
requiring disqualification in accordance with subdivision (b), with
notices mailed to the facility no later than 45 days after the date
that the criminal offender record information report is received from
the Department of Justice.
(B) After the AFL is issued, facilities shall not allow newly
hired facility administrators, managers, direct care staff, or any
other adult living in the same location to have direct contact with
clients or residents of the facility prior to completion of the
criminal record clearance. A criminal record clearance shall be
complete when the department has obtained the person's criminal
offender record information search response from the Department of
Justice and has determined that the person is not disqualified from
engaging in the activity for which clearance is required.
(C) An applicant or certificate holder who may be disqualified on
the basis of a criminal conviction shall provide the department with
a certified copy of the judgment of each conviction. In addition, the
individual may, during a period of two years after the department
receives the criminal record report, provide the department with
evidence of good character and rehabilitation in accordance with
subdivision (c). Upon receipt of a new application for certification
of the individual, the department may receive and consider the
evidence during the two-year period without requiring additional
fingerprint imaging to clear the individual.
(D) The department's Licensing and Certification Program shall
explore and implement methods for maximizing its efficiency in
processing criminal record clearances within the requirements of law,
including a streamlined clearance process for persons that have been
disqualified on the basis of criminal convictions that do not
require automatic denial pursuant to subdivision (b).
(4) An applicant and any other person specified in this
subdivision, as part of the background clearance process, shall
provide information as to whether or not the person has any prior
criminal convictions, has had any arrests within the past 12-month
period, or has any active arrests, and shall certify that, to the
best of his or her knowledge, the information provided is true. This
requirement is not intended to duplicate existing requirements for
individuals who are required to submit fingerprint images as part of
a criminal background clearance process. Every applicant shall
provide information on any prior administrative action taken against
him or her by any federal, state, or local governmental agency and
shall certify that, to the best of his or her knowledge, the
information provided is true. An applicant or other person required
to provide information pursuant to this section that knowingly or
willfully makes false statements, representations, or omissions may
be subject to administrative action, including, but not limited to,
denial of his or her application or exemption or revocation of any
exemption previously granted.
(b) (1) The application for licensure or renewal shall be denied
if the criminal record indicates that the person seeking initial
licensure or renewal of a license referred to in subdivision (a) has
been convicted of a violation or attempted violation of any one or
more of the following Penal Code provisions: Section 187, subdivision
(a) of Section 192, Section 203, 205, 206, 207, 209, 210, 210.5,
211, 220, 222, 243.4, 245, 261, 262, or 264.1, Sections 265 to 267,
inclusive, Section 273a, 273d, 273.5, or 285, subdivisions (c), (d),
(f), and (g) of Section 286, Section 288, subdivisions (c), (d), (f),
and (g) of Section 288a, Section 288.5, 289, 289.5, 368, 451, 459,
470, 475, 484, or 484b, Sections 484d to 484j, inclusive, or
Section 487, subdivision (a) of Section
487a, or Section 488, 496, 503, 518, or 666, unless any of the
following applies:
(A) The person was convicted of a felony and has obtained a
certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code and the
information or accusation against the person has been dismissed
pursuant to Section 1203.4 of the Penal Code with regard to that
felony.
(B) The person was convicted of a misdemeanor and the information
or accusation against the person has been dismissed pursuant to
Section 1203.4 or 1203.4a of the Penal Code.
(C) The person was convicted of a felony or a misdemeanor, but has
previously disclosed the fact of each conviction to the department
and the department has made a determination in accordance with law
that the conviction does not disqualify the person.
(2) The application for licensure or renewal shall be denied if
the criminal record of the person includes a conviction in another
state for an offense that, if committed or attempted in this state,
would have been punishable as one or more of the offenses set forth
in paragraph (1), unless evidence of rehabilitation comparable to the
dismissal of a misdemeanor or a certificate of rehabilitation as set
forth in subparagraph (A) or (B) of paragraph (1) is provided to the
department.
(c) If the criminal record of a person described in subdivision
(a) indicates any conviction other than a minor traffic violation or
other than a conviction listed in subdivision (b), the department may
deny the application for licensure or renewal. In determining
whether or not to deny the application for licensure or renewal
pursuant to this subdivision, the department shall take into
consideration the following factors as evidence of good character and
rehabilitation:
(1) The nature and seriousness of the offense under consideration
and its relationship to their employment duties and responsibilities.
(2) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.
(3) The time that has elapsed since the commission of the conduct
or offense referred to in paragraph (1) or (2) and the number of
offenses.
(4) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
(5) Any rehabilitation evidence, including character references,
submitted by the person.
(6) Employment history and current employer recommendations.
(7) Circumstances surrounding the commission of the offense that
would demonstrate the unlikelihood of repetition.
(8) The granting by the Governor of a full and unconditional
pardon.
(9) A certificate of rehabilitation from a superior court.
(d) Nothing in this section shall be construed to require a
criminal record check of a person receiving services in an
intermediate care facility/developmentally disabled habilitative,
intermediate care facility/developmentally disabled-nursing,
intermediate care facility/developmentally disabled-continuous
nursing, or intermediate care facility/developmentally disabled.
(e) For purposes of this section, "direct care staff" means all
facility staff who are trained and experienced in the care of persons
with developmental disabilities and who directly provide program and
nursing services to clients. Administrative and licensed personnel
shall be considered direct care staff when directly providing program
and nursing services to clients. Persons employed as consultants and
acting as direct care staff shall be subject to the same
requirements for a criminal record clearance as other direct care
staff. However, the employing facility shall not be required to pay
any costs associated with that criminal record clearance.
(f) Upon the employment of any person specified in subdivision
(a), and prior to any contact with clients or residents, the facility
shall ensure that electronic fingerprint images are submitted to the
Department of Justice for the purpose of obtaining a criminal record
check.
(g) The department shall develop procedures to ensure that any
licensee, direct care staff, or certificate holder for whom a
criminal record has been obtained pursuant to this section or Section
1338.5 or 1736 shall not be required to obtain multiple criminal
record clearances.
(h) In addition to the persons who are not required to obtain
multiple criminal record clearances pursuant to subdivision (g), a
person shall not be required to obtain a separate criminal record
clearance if the person meets all of the following criteria:
(1) The person is employed as a consultant and acts as direct care
staff.
(2) The person is a registered nurse, licensed vocational nurse,
physical therapist, occupational therapist, or speech-language
pathologist.
(3) The person has obtained a criminal record clearance as a
prerequisite to holding a license or certificate to provide direct
care services.
(4) The person has a license or certificate to provide direct care
service that is in good standing with the appropriate licensing or
certification board.
(5) The person is providing time-limited specialized clinical care
or services.
(6) The person is not left alone with the client.
(i) If, at any time, the department determines that it does not
meet the standards specified in clauses (i) and (ii) of subparagraph
(A) of paragraph (3) of subdivision (a), for a period of 90
consecutive days, the requirements in paragraph (3) of subdivision
(a) shall be suspended until the department determines that it has
met those standards for a period of 90 consecutive days.
(j) During any period of time in which paragraph (3) of
subdivision (a) is inoperative, facilities may allow newly hired
facility administrators, managers, direct care staff, or any other
adult living in the same location to have direct contact with clients
or residents of the facility after those persons have submitted
live-scan fingerprint images to the Department of Justice, and the
department shall issue an AFL advising of this change in the
statutory requirement.
(k) Notwithstanding any other provision of law, the department is
authorized to provide an individual with a copy of his or her state
or federal level criminal offender record information search response
as provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
SEC. 3. Section 1337.9 of the Health
and Safety Code is amended to read:
1337.9. (a) (1) The state department may deny an application
for, initiate an action to suspend or revoke a certificate for, or
deny a training and examination application for a nurse assistant.
(2) The state department shall deny a training and examination
application and deny, suspend, or revoke a certificate issued under
this article if the applicant or certificate holder has been
convicted of a violation or attempted violation of any one or more of
the following Penal Code provisions: Section 187, subdivision (a) of
Section 192, Section 203, 205, 206, 207, 209, 210, 210.5, 211, 220,
222, 243.4, 245, 261, 262, or 264.1, Sections 265 to 267, inclusive,
Section 273a, 273d, 273.5, or 285, subdivisions (c), (d), (f), and
(g) of Section 286, Section 288, subdivisions (c), (d), (f), and (g)
of Section 288a, Section 288.5, 289, 289.5, 368, 451, 459, 470, 475,
484, or 484b, Sections 484d to 484j, inclusive, Section 487,
subdivision (a) of Section 487a, or Section 488, 496, 503, 518,
or 666, unless any of the following applies:
(A) The person was convicted of a felony and has obtained a
certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code and the
information or accusation against him or her has been dismissed
pursuant to Section 1203.4 of the Penal Code.
(B) The person was convicted of a misdemeanor and the information
or accusation against him or her has been dismissed pursuant to
Section 1203.4 or 1203.4a of the Penal Code.
(C) The certificate holder was convicted of a felony or a
misdemeanor, but has previously disclosed the fact of each conviction
to the department, and the department has made a determination in
accordance with law that the conviction does not disqualify the
applicant from certification.
(D) The person was convicted of a misdemeanor violation of
Section 488 or 496, is requesting a renewal of their certificate, and
has had no subsequent convictions in the last five years. This
paragraph shall become inoperative on August 1, 2001.
(b) An application or certificate shall be denied, suspended, or
revoked upon conviction in another state of an offense that, if
committed or attempted in this state, would have been punishable as
one or more of the offenses set forth in subdivision (a), unless
evidence of rehabilitation comparable to the certificate of
rehabilitation or dismissal of a misdemeanor set forth in paragraph
(1) or (2) of subdivision (a) is provided.
(c) The state department may deny an application or deny,
suspend, or revoke a certificate issued under this article for any of
the following:
(1) Unprofessional conduct, including, but not limited to,
incompetence, gross negligence, unless due to circumstances beyond
the nurse assistant's control, physical, mental, or verbal abuse of
patients, or misappropriation of property of patients or others.
(2) Conviction of a crime substantially related to the
qualifications, functions, and duties of a certified nurse assistant,
irrespective of a subsequent order under Section 1203.4, 1203.4a, or
4852.13 of the Penal Code, where the state department determines
that the applicant or certificate holder has not adequately
demonstrated that he or she has been rehabilitated and will present a
threat to the health, safety, or welfare of patients.
(3) Conviction for, or use of, any controlled substance as
defined in Division 10 (commencing with Section 11000), or any
dangerous drug, as defined in Section 4022 of the Business and
Professions Code, or alcoholic beverages, to an extent or in a manner
dangerous or injurious to the certified nurse assistant, any other
person, or the public, to the extent that this use would impair the
ability to conduct, with safety to the public, the practice
authorized by a certificate.
(4) Procuring a certified nurse assistant certificate by fraud or
misrepresentation or mistake.
(5) Making or giving any false statement or information in
conjunction with the application for issuance of a nurse assistant
certificate or training and examination application.
(6) Impersonating any applicant, or acting as proxy for an
applicant, in any examination required under this article for the
issuance of a certificate.
(7) Impersonating another certified nurse assistant, a licensed
vocational nurse, or a registered nurse, or permitting or allowing
another person to use a certificate for the purpose of providing
nursing services.
(8) Violating or attempting to violate, directly or indirectly,
or assisting in or abetting the violating of, or conspiring to
violate any provision or term of, this article.
(d) In determining whether or not to deny the application for
licensure or renewal pursuant to subdivision (c), the department
shall take into consideration the following factors as evidence of
good character and rehabilitation:
(1) The nature and seriousness of the conduct or crime under
consideration and its relationship to their employment duties and
responsibilities.
(2) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.
(3) The time that has elapsed since the commission of the conduct
or offense referred to in paragraph (1) or (2) and the number of
offenses.
(4) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
(5) Any rehabilitation evidence, including character references,
submitted by the person.
(6) Employment history and current employer recommendations.
(7) Circumstances surrounding the commission of the offense that
would demonstrate the unlikelihood of repetition.
(8) The granting by the Governor of a full and unconditional
pardon.
(9) A certificate of rehabilitation from a superior court.
(e) When the state department determines that a certificate shall
be suspended, the state department shall specify the period of
actual suspension. The state department may determine that the
suspension shall be stayed, placing the certificate holder on
probation with specified conditions for a period not to exceed two
years. When the state department determines that probation is the
appropriate action, the certificate holder shall be notified that in
lieu of the state department proceeding with a formal action to
suspend the certification and in lieu of an appeal pursuant to
subdivision (h), the certificate holder may request to enter into a
diversion program agreement. A diversion program agreement shall
specify terms and conditions related to matters, including, but not
limited to, work performance, rehabilitation, training, counseling,
progress reports, and treatment programs. If a certificate holder
successfully completes a diversion program, no action shall be taken
upon the allegations that were the basis for the diversion agreement.
Upon failure of the certificate holder to comply with the terms and
conditions of an agreement, the state department may proceed with a
formal action to suspend or revoke the certification.
(f) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere shall be deemed a conviction within the meaning
of this article. The state department may deny an application or
deny, suspend, or revoke a certification based on a conviction as
provided in this article when the judgment of conviction is entered
or when an order granting probation is made suspending the imposition
of sentence.
(g) Upon determination to deny an application or deny, revoke, or
suspend a certificate, the state department shall notify the
applicant or certificate holder in writing by certified mail of all
of the following:
(1) The reasons for the determination.
(2) The applicant's or certificate holder's right to appeal the
determination if the determination was made under subdivision (c).
(h) (1) Upon written notification that the state department has
determined that an application shall be denied or a certificate shall
be denied, suspended, or revoked under subdivision (c), the
applicant or certificate holder may request an administrative hearing
by submitting a written request to the state department within 20
business days of receipt of the written notification. Upon receipt of
a written request, the state department shall hold an administrative
hearing pursuant to the procedures specified in Section 100171,
except where those procedures are inconsistent with this section.
(2) A hearing under this section shall be conducted within 60
days of the receipt of the written request of the applicant or
certificate holder submitted pursuant to paragraph (1) by a hearing
officer or administrative law judge designated by the director at a
location, other than the work facility, convenient to the applicant
or certificate holder unless the applicant or certificate holder
agrees to an extension. The hearing shall be tape recorded and a
written decision shall be sent by certified mail to the applicant or
certificate holder within 30 calendar days of the hearing. Except as
specified in subdivision (i), the effective date of an action to
revoke or suspend a certificate shall be specified in the written
decision, or if no administrative hearing is timely requested, the
effective date shall be 21 business days from written notification of
the department's determination to revoke or suspend.
(i) The state department may revoke or suspend a certificate
prior to any hearing when immediate action is necessary in the
judgment of the director to protect the public welfare. Notice of
this action, including a statement of the necessity of immediate
action to protect the public welfare, shall be sent in accordance
with subdivision (g). If the certificate holder requests an
administrative hearing pursuant to subdivision (h), the state
department shall hold the administrative hearing as soon as possible
but not later than 30 calendar days from receipt of the request for a
hearing. A written hearing decision upholding or setting aside the
action shall be sent by certified mail to the certificate holder
within 30 calendar days of the hearing.
(j) Upon the expiration of the term of suspension, he or she
shall be reinstated by the state department and shall be entitled to
resume practice unless it is established to the satisfaction of the
state department that the person has practiced as a certified nurse
assistant in this state during the term of suspension. In this event,
the state department shall
revoke the person's certificate.
(k) Upon a determination to deny an application or deny, revoke,
or suspend a certificate, the state department shall notify the
employer of the applicant and certificate holder in writing of that
determination, and whether the determination is final, or whether a
hearing is pending relating to this determination. If a licensee or
facility is required to deny employment or terminate employment of
the employee based upon notice from the state that the employee is
determined to be unsuitable for employment under this section, the
licensee or facility shall not incur criminal, civil, unemployment
insurance, workers' compensation, or administrative liability as a
result of that denial or termination.
SEC. 4. Section 1736.5 of the Health
and Safety Code is amended to read:
1736.5. (a) The department shall deny a training application and
deny, suspend, or revoke a certificate issued under this article if
the applicant or certificate holder has been convicted of a violation
or attempted violation of any of the following Penal Code
provisions: Section 187, subdivision (a) of Section 192, Section 203,
205, 206, 207, 209, 210, 210.5, 211, 220, 222, 243.4, 245, 261, 262,
or 264.1, Sections 265 to 267, inclusive, Section 273a, 273d, 273.5,
or 285, subdivisions (c), (d), (f), and (g) of Section 286, Section
288, subdivisions (c), (d), (f), and (g) of Section 288a, Section
288.5, 289, 289.5, 368, 451, 459, 470, 475, 484, or 484b, Sections
484d to 484j, inclusive, or Section 487,
subdivision (a) of Section 487a, or Section 488, 496, 503, 518,
or 666, unless any of the following applies:
(1) The person was convicted of a felony and has obtained a
certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code and the
information or accusation against him or her has been dismissed
pursuant to Section 1203.4 of the Penal Code.
(2) The person was convicted of a misdemeanor and the information
or accusation against him or her has been dismissed pursuant to
Section 1203.4 or 1203.4a of the Penal Code.
(3) The certificate holder was convicted of a felony or a
misdemeanor, but has previously disclosed the fact of each conviction
to the department, and the department has made a determination in
accordance with law that the conviction does not disqualify the
applicant from certification.
(b) An application or certificate shall be denied, suspended, or
revoked upon conviction in another state of an offense that, if
committed or attempted in this state, would have been punishable as
one or more of the offenses set forth in subdivision (a), unless
evidence of rehabilitation comparable to the certificate of
rehabilitation or dismissal of a misdemeanor set forth in paragraph
(1) or (2) of subdivision (a) is provided.
(c) (1) The department may deny an application or deny, suspend,
or revoke a certificate issued under this article for any of the
following:
(A) Unprofessional conduct, including, but not limited to,
incompetence, gross negligence, physical, mental, or verbal abuse of
patients, or misappropriation of property of patients or others.
(B) Conviction of a crime substantially related to the
qualifications, functions, and duties of a home health aide,
irrespective of a subsequent order under Section 1203.4, 1203.4a, or
4852.13 of the Penal Code, where the department determines that the
applicant or certificate holder has not adequately demonstrated that
he or she has been rehabilitated and will present a threat to the
health, safety, or welfare of patients.
(C) Conviction for, or use of, any controlled substance as defined
in Division 10 (commencing with Section 11000) of this code, or any
dangerous drug, as defined in Section 4022 of the Business and
Professions Code, or alcoholic beverages, to an extent or in a manner
dangerous or injurious to the home health aide, any other person, or
the public, to the extent that this use would impair the ability to
conduct, with safety to the public, the practice authorized by a
certificate.
(D) Procuring a home health aide certificate by fraud,
misrepresentation, or mistake.
(E) Making or giving any false statement or information in
conjunction with the application for issuance of a home health aide
certificate or training and examination application.
(F) Impersonating any applicant, or acting as proxy for an
applicant, in any examination required under this article for the
issuance of a certificate.
(G) Impersonating another home health aide, a licensed vocational
nurse, or a registered nurse, or permitting or allowing another
person to use a certificate for the purpose of providing nursing
services.
(H) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or term of, this article.
(2) In determining whether or not to deny an application or deny,
suspend, or revoke a certificate issued under this article pursuant
to this subdivision, the department shall take into consideration the
following factors as evidence of good character and rehabilitation:
(A) The nature and seriousness of the offense under consideration
and its relationship to the person's employment duties and
responsibilities.
(B) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.
(C) The time that has elapsed since the commission of the conduct
or offense referred to in subparagraph (A) or (B) and the number of
offenses.
(D) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
(E) Any rehabilitation evidence, including character references,
submitted by the person.
(F) Employment history and current employer recommendations.
(G) Circumstances surrounding the commission of the offense that
would demonstrate the unlikelihood of repetition.
(H) Granting by the Governor of a full and unconditional pardon.
(I) A certificate of rehabilitation from a superior court.
(d) When the department determines that a certificate shall be
suspended, the department shall specify the period of actual
suspension. The department may determine that the suspension shall be
stayed, placing the certificate holder on probation with specified
conditions for a period not to exceed two years. When the department
determines that probation is the appropriate action, the certificate
holder shall be notified that in lieu of the department proceeding
with a formal action to suspend the certification and in lieu of an
appeal pursuant to subdivision (g), the certificate holder may
request to enter into a diversion program agreement. A diversion
program agreement shall specify terms and conditions related to
matters including, but not limited to, work performance,
rehabilitation, training, counseling, progress reports, and treatment
programs. If a certificate holder successfully completes a diversion
program, no action shall be taken upon the allegations that were the
basis for the diversion agreement. Upon failure of the certificate
holder to comply with the terms and conditions of an agreement, the
department may proceed with a formal action to suspend or revoke the
certification.
(e) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere, shall be deemed a conviction within the meaning
of this article. The department may deny an application or deny,
suspend, or revoke a certification based on a conviction as provided
in this article when the judgment of conviction is entered or when an
order granting probation is made suspending the imposition of
sentence.
(f) Upon determination to deny an application or deny, revoke, or
suspend a certificate, the department shall notify the applicant or
certificate holder in writing by certified mail of both of the
following:
(1) The reasons for the determination.
(2) The applicant's or certificate holder's right to appeal the
determination if the determination was made under subdivision (c).
(g) (1) Upon written notification that the department has
determined that an application shall be denied or a certificate shall
be denied, suspended, or revoked under subdivision (c), the
applicant or certificate holder may request an administrative hearing
by submitting a written request to the department within 20 business
days of receipt of the written notification. Upon receipt of a
written request, the department shall hold an administrative hearing
pursuant to the procedures specified in Section 100171, except where
those procedures are inconsistent with this section.
(2) A hearing under this section shall be conducted by a hearing
officer or administrative law judge designated by the director at a
location, other than the work facility, that is convenient to the
applicant or certificate holder. The hearing shall be audio or video
recorded and a written decision shall be sent by certified mail to
the applicant or certificate holder within 30 calendar days of the
hearing. Except as specified in subdivision (h), the effective date
of an action to revoke or suspend a certificate shall be specified in
the written decision, or if no administrative hearing is timely
requested, the effective date shall be 21 business days from written
notification of the department's determination to revoke or suspend.
(h) The department may revoke or suspend a certificate prior to
any hearing when immediate action is necessary in the judgment of the
director to protect the public welfare. Notice of this action,
including a statement of the necessity of immediate action to protect
the public welfare, shall be sent in accordance with subdivision
(f). If the certificate holder requests an administrative hearing
pursuant to subdivision (g), the department shall hold the
administrative hearing as soon as possible but not later than 30
calendar days from receipt of the request for a hearing. A written
hearing decision upholding or setting aside the action shall be sent
by certified mail to the certificate holder within 30 calendar days
of the hearing.
(i) Upon the expiration of the term of suspension, the certificate
holder shall be reinstated by the department and shall be entitled
to resume practice unless it is established to the satisfaction of
the department that the person has practiced as a home health aide in
California during the term of suspension. In this event, the
department shall revoke the person's certificate.
(j) Upon a determination to deny an application or deny, revoke,
or suspend a certificate, the department shall notify the employer of
the applicant or certificate holder in writing of that
determination, and whether the determination is final, or whether a
hearing is pending relating to this determination. If a licensee or
facility is required to deny employment or terminate employment of
the employee based upon notice from the state that the employee is
determined to be unsuitable for employment under this section, the
licensee or facility shall not incur criminal, civil, unemployment
insurance, workers' compensation, or administrative liability as a
result of that denial or termination.
SEC. 5. Section 186.2 of the Penal Code
is amended to read:
186.2. For purposes of this chapter, the following definitions
apply:
(a) "Criminal profiteering activity" means any act committed or
attempted or any threat made for financial gain or advantage, which
act or threat may be charged as a crime under any of the following
sections:
(1) Arson, as defined in Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as defined in subdivision
(b) of Section 311.2, or Section 311.3 or 311.4, which may be
prosecuted as a felony.
(4) Felonious assault, as defined in Section 245.
(5) Embezzlement, as defined in Sections 424 and 503.
(6) Extortion, as defined in Section 518.
(7) Forgery, as defined in Section 470.
(8) Gambling, as defined in Sections 337a to 337f, inclusive, and
Section 337i, except the activities of a person who participates
solely as an individual bettor.
(9) Kidnapping, as defined in Section 207.
(10) Mayhem, as defined in Section 203.
(11) Murder, as defined in Section 187.
(12) Pimping and pandering, as defined in Section 266.
(13) Receiving stolen property, as defined in Section 496.
(14) Robbery, as defined in Section 211.
(15) Solicitation of crimes, as defined in Section 653f.
(16) Grand theft, as defined in Section 487 or subdivision
(a) of Section 487a .
(17) Trafficking in controlled substances, as defined in Sections
11351, 11352, and 11353 of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as
defined in Section 25541 of the Corporations Code.
(19) Any of the offenses contained in Chapter 7.5 (commencing with
Section 311) of Title 9, relating to obscene matter, or in Chapter
7.6 (commencing with Section 313) of Title 9, relating to harmful
matter that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in
Section 550.
(21) False or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code.
(22) Money laundering, as defined in Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as
specified in Section 350.
(24) Offenses relating to the unauthorized access to computers,
computer systems, and computer data, as specified in Section 502.
(25) Conspiracy to commit any of the crimes listed above, as
defined in Section 182.
(26) Subdivision (a) of Section 186.22, or a felony subject to
enhancement as specified in subdivision (b) of Section 186.22.
(27) Any offenses related to fraud or theft against the state's
beverage container recycling program, including, but not limited to,
those offenses specified in this subdivision and those criminal
offenses specified in the California Beverage Container Recycling and
Litter Reduction Act, commencing at Section 14500 of the Public
Resources Code.
(28) Human trafficking, as defined in Section 236.1.
(29) Any crime in which the perpetrator induces, encourages, or
persuades a person under 18 years of age to engage in a commercial
sex act. For purposes of this paragraph, a commercial sex act means
any sexual conduct on account of which anything of value is given or
received by any person.
(30) Any crime in which the perpetrator, through force, fear,
coercion, deceit, violence, duress, menace, or threat of unlawful
injury to the victim or to another person, causes a person under 18
years of age to engage in a commercial sex act. For purposes of this
paragraph, a commercial sex act means any sexual conduct on account
of which anything of value is given or received by any person.
(31) Theft of personal identifying information, as defined in
Section 530.5.
(32) Offenses involving the theft of a motor vehicle, as specified
in Section 10851 of the Vehicle Code.
(33) Abduction or procurement by fraudulent inducement for
prostitution, as defined in Section 266a.
(b) (1) "Pattern of criminal profiteering activity" means engaging
in at least two incidents of criminal profiteering, as defined by
this chapter, that meet the following requirements:
(A) Have the same or a similar purpose, result, principals,
victims, or methods of commission, or are otherwise interrelated by
distinguishing characteristics.
(B) Are not isolated events.
(C) Were committed as a criminal activity of organized crime.
(2) Acts that would constitute a "pattern of criminal profiteering
activity" may not be used by a prosecuting agency to seek the
remedies provided by this chapter unless the underlying offense
occurred after the effective date of this chapter and the prior act
occurred within 10 years, excluding any period of imprisonment, of
the commission of the underlying offense. A prior act may not be used
by a prosecuting agency to seek remedies provided by this chapter if
a prosecution for that act resulted in an acquittal.
(c) "Prosecuting agency" means the Attorney General or the
district attorney of any county.
(d) "Organized crime" means crime that is of a conspiratorial
nature and that is either of an organized nature and seeks to supply
illegal goods and services such as narcotics, prostitution,
loan-sharking, gambling, and pornography, or that, through planning
and coordination of individual efforts, seeks to conduct the illegal
activities of arson for profit, hijacking, insurance fraud,
smuggling, operating vehicle theft rings, fraud against the beverage
container recycling program, or systematically encumbering the assets
of a business for the purpose of defrauding creditors. "Organized
crime" also means crime committed by a criminal street gang, as
defined in subdivision (f) of Section 186.22. "Organized crime" also
means false or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code, and
the theft of personal identifying information, as defined in Section
530.5.
(e) "Underlying offense" means an offense enumerated in
subdivision (a) for which the defendant is being prosecuted.
SEC. 6. Section 463 of the Penal Code
is amended to read:
463. (a) Every person who violates Section 459, punishable as a
second-degree burglary pursuant to subdivision (b) of Section 461,
during and within an affected county in a "state of emergency" or a
"local emergency" resulting from an earthquake, fire, flood, riot, or
other natural or manmade disaster shall be guilty of the crime of
looting, punishable by imprisonment in a county jail for one year or
pursuant to subdivision (h) of Section 1170. Any person convicted
under this subdivision who is eligible for probation and who is
granted probation shall, as a condition thereof, be confined in a
county jail for at least 180 days, except that the court may, in the
case where the interest of justice would best be served, reduce or
eliminate that mandatory jail sentence, if the court specifies on the
record and enters into the minutes the circumstances indicating that
the interest of justice would best be served by that disposition. In
addition to whatever custody is ordered, the court, in its
discretion, may require any person granted probation following
conviction under this subdivision to serve up to 240 hours of
community service in any program deemed appropriate by the court,
including any program created to rebuild the community.
For purposes of this section, the fact that the structure entered
has been damaged by the earthquake, fire, flood, or other natural or
manmade disaster shall not, in and of itself, preclude conviction.
(b) Every person who commits the crime of grand theft, as defined
in Section 487 or subdivision (a) of Section 487a , except
grand theft of a firearm, during and within an affected county in a
"state of emergency" or a "local emergency" resulting from an
earthquake, fire, flood, riot, or other natural or unnatural disaster
shall be guilty of the crime of looting, punishable by imprisonment
in a county jail for one year or pursuant to subdivision (h) of
Section 1170. Every person who commits the crime of grand theft of a
firearm, as defined in Section 487, during and within an affected
county in a "state of emergency" or a "local emergency" resulting
from an earthquake, fire, flood, riot, or other natural or unnatural
disaster shall be guilty of the crime of looting, punishable by
imprisonment in the state prison, as set forth in subdivision (a) of
Section 489. Any person convicted under this subdivision who is
eligible for probation and who is granted probation shall, as a
condition thereof, be confined in a county jail for at least 180
days, except that the court may, in the case where the interest of
justice would best be served, reduce or eliminate that mandatory jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this subdivision
to serve up to 160 hours of community service in any program deemed
appropriate by the court, including any program created to rebuild
the community.
(c) Every person who commits the crime of petty theft, as defined
in Section 488, during and within an affected county in a "state of
emergency" or a "local emergency" resulting from an earthquake, fire,
flood, riot, or other natural or manmade disaster shall be guilty of
a misdemeanor, punishable by imprisonment in a county jail for six
months. Any person convicted under this subdivision who is eligible
for probation and who is granted probation shall, as a condition
thereof, be confined in a county jail for at least 90 days, except
that the court may, in the case where the interest of justice would
best be served, reduce or eliminate that mandatory minimum jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this subdivision
to serve up to 80 hours of community service in any program deemed
appropriate by the court, including any program created to rebuild
the community.
(d) (1) For purposes of this section, "state of emergency" means
conditions which, by reason of their magnitude, are, or are likely to
be, beyond the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city and require
the combined forces of a mutual aid region or regions to combat.
(2) For purposes of this section, "local emergency" means
conditions which, by reason of their magnitude, are, or are likely to
be, beyond the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city and require
the combined forces of a mutual aid region or regions to combat.
(3) For purposes of this section, a "state of emergency" shall
exist from the time of the proclamation of the condition of the
emergency until terminated pursuant to Section 8629 of the Government
Code. For purposes of this section only, a "local emergency" shall
exist from the time of the proclamation of the condition of the
emergency by the local governing body until terminated pursuant to
Section 8630 of the Government Code.
(4) Consensual entry into a commercial structure with the intent
to commit a violation of Section 470, 476, 476a, 484f, or 484g of the
Penal Code, shall not be charged as a violation under this section.
SECTION 1. SEC. 7. Section 487 of
the Penal Code is amended to read:
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, or real or personal property taken is
of a value exceeding nine hundred fifty dollars ($950), except as
provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding two hundred fifty dollars
($250).
(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value may be
shown by the presentation of credible evidence which establishes
that on the day of the theft domestic fowls, avocados, olives, citrus
or deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops of the same variety and weight exceeded two hundred
fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding two
hundred fifty dollars ($250).
(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more in
any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) A horse, mare, gelding, any bovine animal, any caprine animal,
mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or
pig.
(2)
(1) An automobile.
(3)
(2) A firearm.
SEC. 8. Section 487a of the Penal Code
is amended to read:
487a. (a) Every person who feloniously steals, takes,
carries, leads, or drives away any horse, mare, gelding, any bovine
animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow,
boar, gilt, barrow, or pig, which is the personal property of
another, or who fraudulently appropriates that same property which
has been entrusted to him or her, or who knowingly and designedly, by
any false or fraudulent representation or pretense, defrauds any
other person of that same property, or who causes or procures others
to report falsely of his or her wealth or mercantile character and by
thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of that same property, is
guilty of grand theft.
(b) Every person who shall feloniously steal, take,
transport or carry the carcass of any bovine, caprine, equine, ovine,
or suine animal or of any mule, jack or jenny, which is the personal
property of another, or who shall fraudulently appropriate such
property which has been entrusted to him, is guilty of grand theft.
(b)
(c) Every person who shall feloniously steal, take,
transport, or carry any portion of the carcass of any bovine,
caprine, equine, ovine, or suine animal or of any mule, jack, or
jenny, which has been killed without the consent of the owner
thereof, is guilty of grand theft.
SEC. 2. SEC. 9.
Section 489 of the Penal Code is amended to read:
489. Grand theft is punishable as follows:
(a) If the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, two,
or two or three years.
(b) If the grand theft involves a violation of paragraph
(1) of subdivision (d) of Section 487 or Section 487a, by
imprisonment in a county jail not exceeding one year or pursuant to
subdivision (h) of Section 1170, or by a fine not exceeding five
thousand dollars ($5,000), or by both that fine and imprisonment. The
proceeds of this fine shall be allocated to the Bureau of Livestock
Identification to be used, upon appropriation by the Legislature, for
purposes relating to the investigation of cases involving grand
theft of any animal or animals specified in paragraph (1) of
subdivision (d) of Section 487 , or of the carcass or
carcasses of, or any portion of the carcass or carcasses of, any
animal specified in Section 487a.
(c) In all other cases, by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170.
SEC. 10. Section 1202.5 of the Penal
Code is amended to read:
1202.5. (a) In any case in which a defendant is convicted of any
of the offenses enumerated in Section 211, 215, 459, 470, 484, 487,
subdivision (a) of Section 487a, or Section 488, or 594,
the court shall order the defendant to pay a fine of ten dollars
($10) in addition to any other penalty or fine imposed. If the court
determines that the defendant has the ability to pay all or part of
the fine, the court shall set the amount to be reimbursed and order
the defendant to pay that sum to the county in the manner in which
the court believes reasonable and compatible with the defendant's
financial ability. In making a determination of whether a defendant
has the ability to pay, the court shall take into account the amount
of any other fine imposed upon the defendant and any amount the
defendant has been ordered to pay in restitution.
(b) (1) All fines collected pursuant to this section shall be held
in trust by the county collecting them, until transferred to the
local law enforcement agency to be used exclusively for the
jurisdiction where the offense took place. All moneys collected shall
implement, support, and continue local crime prevention programs.
(2) All amounts collected pursuant to this section shall be in
addition to, and shall not supplant funds received for crime
prevention purposes from other sources.
(c) As used in this section, "law enforcement agency" includes,
but is not limited to, police departments, sheriffs departments, and
probation departments.