Bill Text: CA AB1796 | 2011-2012 | Regular Session | Amended
Bill Title: Criminal profiteering: sale of secondhand goods.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-07-03 - From committee without further action pursuant to Joint Rule 62(a). [AB1796 Detail]
Download: California-2011-AB1796-Amended.html
BILL NUMBER: AB 1796 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 21, 2012
An act to amend Section 6031 21640
of the Business and Professions Code, and to amend Section 186.2
of the Penal Code, relating to the State Bar.
criminal profiteering.
LEGISLATIVE COUNSEL'S DIGEST
AB 1796, as amended, Galgiani. State Bar of California:
board of governors. Criminal profiteering: sale of
secondhand goods.
Existing law, the California Control of Profits of Organized Crime
Act, provides the procedure for the forfeiture of property and
proceeds acquired through a pattern of criminal profiteering
activity, as specified, and requires the prosecution to file a
petition for forfeiture in conjunction with certain criminal charges.
Under existing law, criminal profiteering activity is defined to
include specified crimes, including forgery and receiving stolen
property. Existing law requires a person engaged in business as a
secondhand dealer, as defined, to be licensed by local law
enforcement, and makes a violation of that requirement a misdemeanor
under circumstances where a person knows or should have known that a
violation was being committed.
This bill would make a violation of the requirement to be licensed
when engaging in business as a secondhand dealer a misdemeanor
irrespective of knowledge that a violation was being committed. By
expending the scope of an existing crime, the bill would impose a
state-mandated local program.
The bill would also include within the definition of criminal
profiteering activity the sale of tangible personal property or other
secondhand goods, including, but not limited to, gold and other
precious metals, by a secondhand dealer, without a license, as
specified. By expanding the scope of an existing crime, the bill
would impose a state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California. The State Bar
is governed by a board of trustees. Existing law prohibits the
board, except as specified, from conducting or participating in, or
authorizing any person or entity of the State Bar to conduct or
participate in, any evaluation, review, or report on the
qualifications, integrity, diligence, or judicial ability of any
specific justice of a court of appeal or the California Supreme
Court.
This bill would make nonsubstantive, technical changes 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 21640 of the
Business and Professions Code is amended to read:
21640. It is unlawful for any Any
person to engage who engages in the
business of secondhand dealer, as defined in Section 21626, without
being licensed as provided in this article , is guilty of a
misdemeanor .
SEC. 2. 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
an act committed or attempted or any
a 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.
(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 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 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 A 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 A 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.
(34) Sale of tangible personal property or other secondhand goods,
including, but not limited to, gold and other precious metals,
without a license, as prohibited by Section 21640 of the Business and
Professions Code.
(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. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.
SECTION 1. Section 6031 of the Business and
Professions Code is amended to read:
6031. (a) The board may aid in all matters pertaining to the
advancement of the science of jurisprudence or to the improvement of
the administration of justice, including, but not limited to, all
matters that may advance the professional interests of the members of
the State Bar and such matters as concern the relations of the bar
with the public.
(b) Notwithstanding this section or any other provision of law,
the board shall not conduct or participate in, or authorize any
committee, agency, employee, or commission of the State Bar to
conduct or participate in, any evaluation, review, or report on the
qualifications, integrity, diligence, or judicial ability of any
specific justice of a court provided for in Section 2 or 3 of Article
VI of the California Constitution without prior review and statutory
authorization by the Legislature.
The provisions of this subdivision shall not be construed to
prohibit a member of the State Bar from conducting or participating
in such an evaluation, review, or report in his or her individual
capacity.
The provisions of this subdivision shall not be construed to
prohibit an evaluation of potential judicial appointees or nominees
as authorized by Section 12011.5 of the Government Code.
