Bill Text: CA AB1616 | 2019-2020 | Regular Session | Amended
Bill Title: Department of Consumer Affairs: boards: expunged convictions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-07-07 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. [AB1616 Detail]
Download: California-2019-AB1616-Amended.html
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Amended
IN
Senate
July 07, 2020 |
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Amended
IN
Assembly
January 06, 2020 |
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Amended
IN
Assembly
April 01, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 1616
| Introduced by Assembly Member Low (Coauthor: Assembly Member Eduardo Garcia) |
February 22, 2019 |
An act to add Section 493.5 to the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1616, as amended, Low.
Department of Consumer Affairs: boards: expunged convictions.
Existing law establishes the Department of Consumer Affairs, which is composed of various boards, and authorizes a board to suspend or revoke a license on the ground that the licensee has been convicted of a crime substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. Existing law, the Medical Practice Act, provides for the licensure and regulation of the practice of medicine by the Medical Board of California and requires the board to post certain historical information on current and former licensees, including felony and certain misdemeanor convictions. Existing law also requires the Medical Board of California, upon receipt of a certified copy of an expungement order from a current or former licensee, to post notification of the expungement order and the date thereof on its internet website.
This bill would require a board within the department that has posted on its internet website that a person’s license was revoked because the person was convicted of a crime to, crime, within 6 months 90 days of receiving the an expungement order for the underlying offense from the person, if the person reapplies for
licensure or is relicensed, to post notification of the expungement order and the date thereof on the board’s internet website if the person applies for licensure or is relicensed, or remove the initial posting on its internet website that the person’s license was revoked website. The bill would require the board, on receiving an expungement order, if the person is not currently licensed and does not reapply for licensure, as specified. to remove within the same period the initial posting on its internet website that the person’s license was revoked and information previously posted regarding arrests, charges, and convictions.
The bill would require a person in either case to pay a fee, to be $50 fee to the board, unless another amount is determined by the department, to the board for board to be necessary to cover the cost of administering the bill’s provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 493.5 is added to the Business and Professions Code, to read:493.5.
(a) A board within the department that has posted on its internet website that a person’s license was revoked because the person was convicted of a crime, upon receiving from the person a certified copy of an expungement order granted pursuant to Section 1203.4 of the Penal Code for the underlying offense, shall, within(1) If the person
reapplies for licensure or has been relicensed, post notification of the expungement order and the date thereof on its internet website.
(2) If the person is not currently licensed and does not reapply
for licensure, remove the initial posting on its internet website that the person’s license was revoked. revoked and information previously posted regarding arrests, charges, and convictions.
(b) A person described in subdivision (a) shall pay to the board a fee in an the amount to be of fifty dollars ($50), unless another amount is
determined by the department board to be necessary to cover the administrative cost, ensuring that
the amount does not exceed the reasonable cost of administering this section. The fee shall be deposited by the board into the appropriate fund and shall be available only upon appropriation by the Legislature.
(c) For purposes of this section “board” means an entity listed in Section 101.
(d) If any provision in this section conflicts with Section 2027, Section 2027 shall prevail.
