Bill Text: CA AB595 | 2015-2016 | Regular Session | Amended

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Bill Title: Forfeiture.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB595 Detail]

Download: California-2015-AB595-Amended.html

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BILL NUMBER: AB 595	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016
	AMENDED IN ASSEMBLY  APRIL 15, 2015

INTRODUCED BY   Assembly Member Alejo
    (   Principal coauthor: 
 Assembly Member   Dodd  )

    (   Coauthors:  
Assembly Members   Dababneh  
  and Cristina Garcia  ) 
    (   Coauthor:   Senator
  Bates   ) 

                        FEBRUARY 24, 2015

    An act to amend Section 3077 of, to add Sections 3090.1
and 3109.1 to, to repeal Section 2556 of, and to repeal and add
Sections 655 and 2555 of, the Business and Professions Code, relating
to healing arts.   An act to amend, repeal, and add
Sections 186.2 and 186.4 of the Penal Code, relating to forfeiture.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 595, as amended, Alejo.  Registered dispensing
opticians: optometrists: practices.   Forfeiture. 

   Existing law subjects property acquired through or as proceeds of
criminal profiteering activity to forfeiture. Existing law defines
criminal profiteering activity as any specified acts or threats made
for financial gain or advantage. Existing law requires a prosecuting
agency to file a petition of forfeiture in conjunction with the
criminal proceeding for the underlying offense.  
   This bill would allow the prosecuting agency to file a petition of
forfeiture prior to the commencement of the underlying criminal
proceeding if the value of the assets seized exceeds $100,000, there
is a substantial probability that the prosecuting agency will file a
criminal complaint, there is a substantial probability the
prosecuting agency will prevail on the issue of forfeiture and
failure to enter the order will result in the property being
destroyed or otherwise removed from the jurisdiction of the court,
the need to preserve the property outweighs the hardship on any party
against whom the order is entered, and there is a substantial
probability that the assets subject to forfeiture represent direct or
indirect proceeds of criminal activity committed for the benefit of,
at the direction of, or in association with, a transnational
criminal organization, as defined. The bill would allow a person
claiming an interest in the property or proceeds to move for return
of the property on the grounds there is not probable cause to believe
that the property is subject to forfeiture, and if the prosecuting
agency does not establish substantial probability that the property
is subject to forfeiture the court would be required to order the
seized property returned. The bill would require the Attorney
General, on or before January 1, 2019, to report to the Governor and
specified committees on the use of these proceedings. The bill would
provide for the repeal of these changes on January 1, 2020. 

   (1) The Optometry Practice Act provides for the licensure and
regulation of the practice of optometry by the State Board of
Optometry, and makes a violation of the act a crime. Existing law
requires individuals, corporations, and firms engaged in the business
of filling prescriptions of physicians and surgeons and optometrists
for prescription lenses and kindred products to register with the
Division of Licensing of the Medical Board of California as a
registered dispensing optician, and makes a violation of the
provisions governing registered dispensing opticians a crime.
 
   (2) Existing law prohibits a licensed optometrist from having any
membership, proprietary interest, coownership, landlord-tenant
relationship, or any profit-sharing arrangement, in any form, whether
directly or indirectly, with any person licensed as a registered
dispensing optician, and prohibits a registered dispensing optician
from having any membership, proprietary interest, coownership,
landlord-tenant relationship, or any profit-sharing arrangement in
any form directly or indirectly with a licensed optometrist. Existing
law also prohibits a licensed optometrist from having any
membership, proprietary interest, coownership, landlord-tenant
relationship, or any profit-sharing arrangement in any form, directly
or indirectly, either by stock ownership, interlocking directors,
trusteeship, mortgage, trust deed, or otherwise with any person who
is engaged in the manufacture, sale, or distribution to physicians
and surgeons, optometrists, or dispensing opticians of lenses,
frames, optical supplies, optometric appliances or devices or kindred
products. Under existing law, a violation of the above provisions by
a licensed optometrist and any person, whether or not licensed, who
participates with a licensed optometrist in violating those
provisions constitutes a misdemeanor.  
   This bill would delete those provisions. The bill instead would
prohibit a licensed registered dispensing optician or a manufacturer
or distributor of optical goods that is renting or leasing office
space to or from, sharing office space with, or receiving space from
an optometrist from engaging in conduct that would influence or
interfere with the clinical decisions, as defined, of that
optometrist, as specified. The bill would prohibit an optometrist
that is using or sharing office space with a registered dispensing
optician from giving or receiving, among other things, a fee or thing
of material value, to or from any person in return for referral of
patients or to secure patients. The bill would make a violation of
these provisions punishable as a misdemeanor.  
   (3) Existing law permits a certificate of a registered dispensing
optician to be suspended, revoked, or subjected to probation for
violation of regulations or laws, as specified, or for incompetence,
gross negligence, or repeated similar negligent acts by the
registrant or an employee, as provided.  
   This bill would delete those provisions. The bill similarly would
permit a certificate of a registered dispensing optician to be
suspended, revoked, or subjected to probation for violation of
regulations or laws, as specified, or for incompetence, gross
negligence, or repeated negligent acts by the registrant or an
employee, as provided, and additionally would permit the certificate
to be suspended, revoked, or subjected to probation for
unprofessional conduct, which includes repeated interference with the
optometrist's clinical judgment or compliance with prevailing
clinical standards. The bill authorizes assessment of administrative
fines for violation of specified provisions of law and requires
registered dispensing opticians to cooperate with investigations into
a complaint or alleged violation of law.  
   (4) Under existing law, it is unlawful for a registered dispensing
optician to advertise the furnishing of, or to furnish, the services
of a refractionist, an optometrist, or a physician and surgeon; to
directly or indirectly employ or maintain on or near the premises
used for optical dispensing a refractionist, an optometrist, a
physician and surgeon, or a practitioner of any other profession for
the purpose of any examination or treatment of the eyes; or to
duplicate or change lenses without a prescription or order from a
person duly licensed to issue the same.  
   This bill would delete those prohibitions.  
   (5) The Optometry Practice Act prohibits a person from having an
office for the practice of optometry unless he or she is licensed to
practice optometry, and requires an optometrist that has more than
one office to comply with certain provisions of the act, including,
among others, that an optometrist obtain a branch office license for
any additional office. The act prohibits more than one branch office
license from being issued to an optometrist or any 2 or more
optometrists, jointly. The act requires an optometrist that had a
branch office prior to January 1, 1957, and who wants to continue
that branch office on or after that date to notify the board, as
specified.  
   The bill would delete the prohibition of an optometrist or 2 or
more optometrists, jointly, from having more than one branch office,
and would delete the requirement that an optometrist that had a
branch office prior to January 1, 1957, and who wants to continue
that branch office to notify the board. The bill would prohibit a
person from having any proprietary interest in an office for the
practice of optometry unless he or she is licensed to practice
optometry. The bill would specify that a branch office is any
additional office that is not the principal place of business of an
optometrist, as specified.  
   (6) The Optometry Practice Act prohibits an optometrist from
directly or indirectly accepting employment from any person not
having a valid, unrevoked license as an optometrist, except that the
act authorizes an optometrist to be employed by a physician and
surgeon who practices in the specialty of ophthalmology or by a
health care service plan.  
   This bill would require an optometrist to report to the State
Board of Optometry any action or circumstance that the optometrist
reasonably and in good faith believes is an attempt by a registered
dispensing optician, or an employee or agent thereof, to interfere
with the optometrist's independent clinical judgment or compliance
with prevailing clinical standards. The bill would require the State
Board of Optometry to report these complaints to the Division of
Licensing of the Medical Board of California.  
   (7) The bill also would require the State Board of Optometry to
receive any complaint made to a state board or department related to
care provided to a patient by a licensed optometrist. 

   (8) A violation of the optometry laws and the law governing
registered dispensing opticians is a crime. Therefore, by expanding
the scope of an existing crime, this 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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   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.   350, or offenses
relating to piracy, as specified in Section 653w. 
   (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 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. 
   (34) Offenses relating to insurance fraud, as specified in
Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of
the Unemployment Insurance Code.  
   (b) "Organized crime" means crime that is of a conspiratorial
nature and that is either of an organized nature and seeks to supply
illegal goods or services such as narcotics, prostitution, pimping
and pandering, loan-sharking, counterfeiting of a registered mark in
violation of Section 350, the piracy of a recording or audiovisual
work in violation of Section 653w, 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, embezzlement,
securities fraud, insurance fraud in violation of the provisions
listed in paragraph 34 of subdivision (a), grand theft, money
laundering, forgery, 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. 

   (b) 
    (c)  (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) 
    (d)  "Prosecuting agency" means the Attorney General or
the district attorney of any county. 
   (d) 
    (e)   "Organized crime"  
"Transnational criminal organization"  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,   ongoing organization, group,  or
 that, through planning and coordination of individual
efforts, seeks to conduct the illegal activities  
association having leaders, associates, operations, or activities in
more than one country, with one  of  arson for profit,
hijacking, insurance fraud, smuggling, operating vehicle theft rings,
fraud against   its primary activities being  the
 beverage container recycling program, or systematically
encumbering the assets   commission  of  a
business for the purpose   one or more  of 
defrauding creditors. "Organized crime" also means crime committed
by a criminal street gang, as defined in   the criminal
acts enumerated in paragraphs (1) to (25), inclusive, or (31) to
(33), inclusive, of subdivision  (f)   (e)
 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) 
    (f)  "Underlying offense" means an offense enumerated in
subdivision (a) for which the defendant is being prosecuted. 
   (g) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
   SEC. 2.    Section 186.2 is added to the  
Penal Code   , 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) 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, or offenses relating to piracy, as
specified in Section 653w.
   (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) 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.
   (34) Offenses relating to insurance fraud, as specified in
Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of
the Unemployment Insurance 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 or services such as narcotics, prostitution, pimping
and pandering, loan-sharking, counterfeiting of a registered mark in
violation of Section 350, the piracy of a recording or audiovisual
work in violation of Section 653w, 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, embezzlement,
securities fraud, insurance fraud in violation of the provisions
listed in paragraph 34 of subdivision (a), grand theft, money
laundering, forgery, 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.
   (f) This section shall become operative on January 1, 2020. 
   SEC. 3.    Section 186.4 of the   Penal Code
  is amended to read: 
   186.4.   (a) (1) The prosecuting agency shall, in conjunction
with the criminal proceeding, file a petition of forfeiture with the
superior court of the county in which the defendant has been charged
with the underlying criminal offense, which shall allege that the
defendant has engaged in a pattern of criminal profiteering activity,
including the acts or threats chargeable as crimes and the property
forfeitable pursuant to Section 186.3.  
   (2) The prosecuting agency may, prior to the commencement of a
criminal proceeding, file a petition of forfeiture with the superior
court of the county in which the defendant is being investigated,
which shall allege that the defendant has engaged in a pattern of
criminal profiteering activity, including the acts or threats
chargeable as crimes and the property forfeitable pursuant to Section
186.3, provided the court determines that:  
   (A) The value of the assets to be seized exceeds one hundred
thousand dollars ($100,000).  
   (B) There is a substantial probability that the prosecuting agency
will file a criminal complaint or seek a grand jury indictment
against the defendant.  
   (C) There is a substantial probability that the prosecuting agency
will prevail on the issue of forfeiture and that failure to enter
the order will result in the property being destroyed, removed from
the jurisdiction of the court, or otherwise made unavailable for
forfeiture.  
   (D) The need to preserve the availability of the property through
the entry of the requested order outweighs the hardship on any party
against whom the order is to be entered.  
   (E) There is a substantial probability that the assets subject to
forfeiture represent direct or indirect proceeds of criminal activity
committed for the benefit of, at the direction of, or in association
with, a transnational criminal organization, as defined in Section
186.2.  
   (a) 
    (b)  The prosecuting agency  shall, in
conjunction with the criminal proceeding, file a petition of
forfeiture with the superior court of the county in which the
defendant has been charged with the underlying criminal offense,
which  shall  allege that the defendant has engaged
in a pattern of criminal profiteering activity, including the acts or
threats chargeable as crimes and the property forfeitable pursuant
to Section 186.3. The prosecuting agency shall  make service
of process of a notice regarding that petition upon every individual
who may have a property interest in the alleged proceeds, which
notice shall state that any interested party may file a verified
claim with the superior court stating the amount of their claimed
interest and an affirmation or denial of the prosecuting agency's
allegation. If the notices cannot be given by registered mail or
personal delivery, the notices shall be published for at least three
successive weeks in a newspaper of general circulation in the county
where the property is located. If the property alleged to be subject
to forfeiture is real property, the prosecuting agency shall, at the
time of filing the petition of forfeiture, record a lis pendens in
each county in which the real property is situated which specifically
identifies the real property alleged to be subject to forfeiture.
The judgment of forfeiture shall not affect the interest in real
property of any third party which was acquired prior to the recording
of the lis pendens. 
   (c) (1) If a forfeiture petition is filed pursuant to paragraph
(2) of subdivision (a), prior to the filing of the complaint in a
criminal action, a person claiming an interest in the property or
proceeds may move for the return of the property on the grounds that
there is not probable cause to believe the property is forfeitable
pursuant to Section 186.3 and is not automatically subject to a court
order of forfeiture or destruction by another provision of this
chapter. The motion may be made prior to, during, or subsequent to,
the filing of criminal charges or a grand jury indictment. If the
prosecuting agency does not establish a substantial probability that
the property is subject to forfeiture, the court shall order the
seized property released to the person it determines is entitled to
the property.  
   (2) If a claimant's motion filed pursuant to paragraph (1) is
granted, the people may, within 15 days, file a petition for a writ
of mandate or prohibition seeking appellate review of the ruling.
 
   (d) If a forfeiture petition is filed pursuant to paragraph (2) of
subdivision (a), prior to the filing of the complaint in a criminal
action, the motion and any injunctive order shall be dismissed if a
criminal complaint or grand jury indictment is not filed within 30
days of the grant of the motion. If a forfeiture petition is
dismissed pursuant to this subdivision, the motion shall not be
refiled, except upon the filing of a criminal complaint. 

   (b) 
    (e)  All notices shall set forth the time within which a
claim of interest in the property seized is required to be filed
pursuant to Section 186.5. 
   (f) On or before January 1, 2019, the Attorney General shall
report to the Senate Committee on Public Safety, the Assembly
Committee on Public Safety, and the Governor. The report shall
include, but not be limited to, the following information regarding
petitions filed pursuant to paragraph (2) of subdivision (a) between
January 1, 2017, and January 1, 2019:  
   (1) The number of cases in which the process authorized by
paragraph (2) of subdivision (a) has been used.  
   (2) The value and kinds of property seized in each case. 

   (3) The criminal charges filed, if any, in conjunction with each
forfeiture action.  
   (4) The number of cases in which related charges were not filed.
 
   (5) The number of cases in which property was returned because
charges were not filed.  
   (6) The length of time between dismissal, if any, of the
forfeiture petition and the return of the property pursuant to
subdivision (d) in each case.  
   (7) The number of cases in which property was returned pursuant to
a motion filed under paragraph (1) of subdivision (c).  
   (g) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
   SEC. 4.    Section 186.4 is added to the  
Penal Code   , to read:  
   186.4.  (a) The prosecuting agency shall, in conjunction with the
criminal proceeding, file a petition of forfeiture with the superior
court of the county in which the defendant has been charged with the
underlying criminal offense, which shall allege that the defendant
has engaged in a pattern of criminal profiteering activity, including
the acts or threats chargeable as crimes and the property
forfeitable pursuant to Section 186.3.
   (b) The prosecuting agency shall make service of process of a
notice regarding that petition upon every individual who may have a
property interest in the alleged proceeds, which notice shall state
that any interested party may file a verified claim with the superior
court stating the amount of their claimed interest and an
affirmation or denial of the prosecuting agency's allegation. If the
notices cannot be given by registered mail or personal delivery, the
notices shall be published for at least three successive weeks in a
newspaper of general circulation in the county where the property is
located. If the property alleged to be subject to forfeiture is real
property, the prosecuting agency shall, at the time of filing the
petition of forfeiture, record a lis pendens in each county in which
the real property is situated which specifically identifies the real
property alleged to be subject to forfeiture. The judgment of
forfeiture shall not affect the interest in real property of any
third party which was acquired prior to the recording of the lis
pendens.
   (c) All notices shall set forth the time within which a claim of
interest in the property seized is required to be filed pursuant to
Section 186.5.
   (d) This section shall become operative on January 1, 2020. 

  SECTION 1.    Section 655 of the Business and
Professions Code is repealed.  
  SEC. 2.    Section 655 is added to the Business
and Professions Code, to read:
   655.  (a) A person registered under Chapter 5.5 (commencing with
Section 2550), (registered dispensing optician), a person who is
engaged in the manufacture, sale or distribution to physicians and
surgeons, optometrists, or dispensing opticians of lenses, frames,
optical supplies, optometric appliances or devices or kindred
products that is renting or leasing office space, directly or through
an intermediary, to or from or otherwise using or sharing office
space with, or receiving space from, any person licensed under
Chapter 7 (commencing with Section 3000), (optometrist), shall not
engage in conduct that would influence or interfere with the clinical
decisions of that optometrist including, but not limited to, the
following:
                                                                 (1)
Setting quotas for the number of exams or limiting the amount of time
that an optometrist can spend with an individual patient.
   (2) Holding an optometrist responsible for the sale of, or
requiring that person to sell, the eyewear of a registered dispensing
optician.
   (3) Providing compensation to an optometrist for the sale of the
eyewear of a registered dispensing optician.
   (b) The optometrist's clinical decisions means the judgment
necessary to perform or control any acts as set forth in Section
3041.
   (c) An optometrist that is renting or leasing space to or from or
otherwise using or sharing office space with any registered
dispensing optician shall not give or receive a fee, salary,
commission, or thing of material value, in any manner or under any
pretext, to or from any person, firm, or corporation for either of
the following:
   (1) In return for the referral of optometric patients.
   (2) In order to secure optometric patients.
   (d) In connection with the transactions described in (a), all of
the following shall be met:
   (1) Registered dispensing opticians shall ensure signs and
displays concerning the optometrist's office shall have the name of
the doctor or doctors of optometry and the nature of the relationship
between the registered dispensing optician and the optometrist.
   (2) The optometrist's office shall have a separate telephone
listing and number from that of the registered dispensing optician,
but may be accessible from a general number that the public
associates with the premises.
   (3) Registered dispensing opticians shall not:
   (A) Constrain the optometrist in scheduling patients, the fees
charged for optometric services, the amount of time spent with a
patient, or the number of patients to be seen in a particular time
period. The optometrist may contract to provide or arrange for the
provision of optometric services during agreed-upon hours and days.
   (B) Limit the optometrist's participation in managed care or
insurance plans.
   (C) Have an interest in the optometrist's patient records, to
which the optometrist shall have 24-hour access, including physical
access or electronic access.
   (D) Advertise that it performs eye examinations or other
optometric services that it is not permitted to lawfully perform
under state law.
   (4) The parties shall execute a written agreement, with
commercially reasonable terms, providing that rent payments are not
affected by either party's referral of any person or sales of product
by either party, and a term of at least one year, terminable only
for cause as defined under the agreement or at the expiration of the
agreement on at least 60 days' written notice.
   (5) Optometric office space inside an optical dispensary shall be
definite and distinct from space occupied by other occupants of the
premises and shall include at least one private room for the
exclusive use of providing optometric services to patients by the
optometrist.
   (6) Forms used by the optometric office shall be separate from
those of the registered dispensing optician.
   (7) The optometrist shall be free to practice to the full scope of
his or her license under law, and shall control the hiring,
staffing, training, and office and employment policies of the
individuals employed or engaged to assist the optometrist in the
management and administrative aspects of his or her practice and in
patient care. The optometrist may contract for the provision of
technician and administrative services. Nothing herein shall limit
the right of the optometrist and the registered dispensing optician
to agree to restrict the optometrist from offering or selling
spectacles, lenses, frames, contact lenses or other optical goods to
the optometrist's patients or to the public in the occupied space
during the term of the written agreement.
   (8) The optometrist shall be responsible for and shall maintain
full and independent control of information disseminated to the
public through any advertising or other commercial medium when that
information relates to optometric services being provided by the
optometrist, whether or not that advertising is paid for or sponsored
by the optometrist. It is not a violation of this section to include
in an advertisement that is not disseminated by the optometrist a
statement advertising the availability of optometric services,
including eye examinations, by an independent doctor of optometry
located adjacent to or in proximity to a registered dispensing
optician or a statement containing substantially similar language.
   (e) A violation of this section is punishable as a misdemeanor.
 
  SEC. 3.    Section 2555 of the Business and
Professions Code is repealed.  
  SEC. 4.    Section 2555 is added to the Business
and Professions Code, to read:
   2555.  (a) Certificates issued hereunder may in the discretion of
the division be suspended or revoked or subjected to terms and
conditions of probation for violating or attempting to violate this
chapter, Chapter 5.4 (commencing with Section 2540), any regulation
adopted under this chapter or Chapter 5.4 (commencing with Section
2540), or Section 651, 654, or 655, or for incompetence, gross
negligence, unprofessional conduct or repeated negligent acts
performed by the registrant or by an employee of the registrant.
Unprofessional conduct includes, but is not limited to, repeated
interference with the independent clinical judgment of an optometrist
or the optometrist's compliance with prevailing clinical standards
for the practice of optometry and when the registered dispensing
optician knows or has reason to know that the repeated interference
is impairing the optometrist's ability to provide appropriate health
care to his or her patients. Nothing herein shall limit the ability
of the optometrist to file a complaint about the registered
dispensing optician's interference directly with any state regulatory
agency with authority to oversee the practice of optometry or of
registered dispensing opticians. The proceedings shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, and the division
shall have all the powers granted therein.
   (b) If the division determines during a proceeding conducted in
accordance with subdivision (a) that a registered dispensing optician
has violated Section 655, the division may assess an administrative
fine of up to five thousand dollars ($5,000) for the first violation
and up to twenty-five thousand dollars ($25,000) for any subsequent
violation that occurs within three years after the division's finding
of a first violation. If a registered dispensing optician's second
violation of Section 655 occurs after three years of its first
violation, then the division shall assess a fine of up to five
thousand dollars ($5,000). This section is not to be construed to
limit the division's existing authority to enforce the provisions of
subdivision (a) or any other law.
   (c) Registered dispensing opticians shall comply with all requests
for information by the division within 30 days after the request.
Failure to provide to the division, as directed, lawfully requested
copies of documents relating to a complaint or alleged violation of
the law shall constitute unprofessional conduct on the part of the
registered dispensing optician, unless the registered dispensing
optician is unable to provide the documents within the time period
for good cause, including, but not limited to, inability to access
the documents in the time allowed.
   (d) Failure to cooperate and participate in any division
investigation pending against a registered dispensing optician
relating to a complaint or alleged violation of the law shall also
constitute unprofessional conduct by the registered dispensing
optician. This subdivision shall not be construed to deprive a
registered dispensing optician of any privilege guaranteed by the
Constitution of the United States or any other constitutional or
statutory privileges. The registered dispensing optician's assertion
of any applicable constitutional, statutory, or other privilege,
including, but not limited to, attorney-client privilege or attorney
work product privilege, is not a violation of this section.
   (e) If the registered dispensing optician disputes a determination
by the division regarding a complaint or violation of the law, the
registered dispensing optician may appeal the division's decision to
an independent administrative law judge pursuant to Chapter 5
(commencing with Section 1100) of Part 1 of Division 3 of Title 2 of
the Government Code. Penalties, if any, shall be paid when all
appeals have been exhausted and the division's decision has been
upheld. In the event that the division's position has been upheld,
after all appeals have been exhausted the registered dispensing
optician shall be responsible for payment of all costs associated
with the prosecution of the matter.
   (f) A registered dispensing optician shall not discharge,
terminate, suspend, threaten, harass, or retaliate or discriminate
against an optometrist because that optometrist files a complaint as
set forth in Section 3109.1 or any other complaint against a
registered dispensing optician, or for lawful acts done by an
optometrist in disclosing information relating to any complaint
against a registered dispensing optician. When an optometrist files a
complaint against a registered dispensing optician, the optometrist
shall have all of the protections provided in Section 1102.5 of the
Labor Code.  
  SEC. 5.    Section 2556 of the Business and
Professions Code is repealed.  
  SEC. 6.    Section 3077 of the Business and
Professions Code is amended to read:
   3077.  (a) As used in this section, "office" means any office or
other place for the practice of optometry.
   (b) A person, singly or in combination with others, may not have
any proprietary interest in an office unless he or she is licensed to
practice optometry under this chapter.
   (c) An optometrist, or two or more optometrists jointly, may have
one office without obtaining a branch office license from the board.
   (d) An optometrist, or two or more optometrists jointly, may not
have more than one office unless he or she or they comply with the
provisions of this chapter as to additional offices. An additional
office that is not the optometrist's principal place of practice, as
described by Section 3070, constitutes a branch office for purposes
of this chapter.
   (e) Any optometrist who desires to open a branch office that is
not his or her principal place of business shall notify the board in
writing in a manner prescribed by the board.
   (f) A branch office may not be opened or operated without a branch
office license. Branch office licenses shall be valid for the
calendar year in or for which they are issued and shall be renewable
on January 1 of each year thereafter. Branch office licenses shall be
issued or renewed only upon the payment of the fee therefor
prescribed by this chapter.
   (g) Any failure to comply with the provisions of this chapter
relating to branch offices or branch office licenses as to any branch
office shall work the suspension of the optometrist license of each
optometrist who, individually or with others, has a branch office. An
optometrist license so suspended shall not be restored except upon
compliance with those provisions and the payment of the fee
prescribed by this chapter for restoration of a license after
suspension for failure to comply with the provisions of this chapter
relating to branch offices.
   (h) The holder or holders of a branch office license shall pay the
biennial renewal fee therefor in the amount required by this chapter
between the first day of January and the first day of February of
each renewal period. The failure to pay the fee in advance on or
before February 1 of each year during the time it is in force shall
ipso facto work the suspension of the branch office license. The
license shall not be restored except upon written application and the
payment of the penalty prescribed by this chapter, and, in addition,
all delinquent branch office fees.
   (i) The board shall have the power to adopt, amend, and repeal
rules and regulations to carry out the provisions of this section.
 
  SEC. 7.    Section 3090.1 is added to the Business
and Professions Code, to read:
   3090.1.  The State Board of Optometry shall receive any complaint
made to a state board or department related to care provided to a
patient by a licensed optometrist under Chapter 7 (commencing with
Section 3000).  
  SEC. 8.    Section 3109.1 is added to the Business
and Professions Code, to read:
   3109.1.  (a) An optometrist shall report to the board any action
or circumstance that the optometrist reasonably and in good faith
believes constitutes a continued and unresolved attempt to interfere
with his or her independent clinical judgment or compliance with
prevailing clinical standards for the practice of optometry by a
registered dispensing optician or any employee or agent of the
registered dispensing optician that violates Section 655.
   (b) The board shall report the complaint to the Division of
Licensing of the Medical Board of California, and the division shall
investigate the complaint pursuant to Section 2555.
   (c) A registered dispensing optician shall not discharge,
terminate, suspend, threaten, harass, or in any other manner
retaliate or discriminate against an optometrist that files a good
faith complaint pursuant to this section or any other law, or for
lawful acts done by an optometrist in disclosing information relating
to any complaint against a registered dispensing optician. When an
optometrist files a good faith complaint against a registered
dispensing optician, the optometrist shall have all of the
protections provided in Section 1102.5 of the Labor Code. 

  SEC. 9.    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.