Bill Text: CA SB285 | 2011-2012 | Regular Session | Chaptered
Bill Title: Massage therapy instruction: fraud: criminal
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 149, Statutes of 2011. [SB285 Detail]
Download: California-2011-SB285-Chaptered.html
BILL NUMBER: SB 285 CHAPTERED
BILL TEXT
CHAPTER 149
FILED WITH SECRETARY OF STATE AUGUST 1, 2011
APPROVED BY GOVERNOR AUGUST 1, 2011
PASSED THE SENATE MAY 31, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE MAY 24, 2011
AMENDED IN SENATE MAY 10, 2011
INTRODUCED BY Senator Correa
FEBRUARY 14, 2011
An act to add Chapter 1.3 (commencing with Section 628) to Title
15 of Part 1 of the Penal Code, relating to massage therapy.
LEGISLATIVE COUNSEL'S DIGEST
SB 285, Correa. Massage therapy instruction: fraud: criminal
prosecutions.
(1) Existing law provides for the certification of massage
practitioners and massage therapists by a massage therapy
organization and authorizes the legislative body of a city or county
to enact ordinances providing for the licensing and regulation of the
business of massage when carried on within the city or county.
This bill would provide that a person who provides a certificate,
transcript, diploma, or other document, or otherwise affirms that a
person has received instruction in massage therapy knowing that the
person has not received instruction in massage therapy or knowing
that the person has not received massage therapy instruction
consistent with that document or affirmation is guilty of a
misdemeanor and is subject to specified penalties. By creating a new
crime, the bill would impose a state-mandated local program.
The bill would authorize the arresting law enforcement agency, for
any person, who is criminally prosecuted for a violation of law in
connection with massage therapy, to provide to the California Massage
Therapy Council information concerning the massage therapy
instruction received by the person prosecuted.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.3 (commencing with Section 628) is added to
Title 15 of Part 1 of the Penal Code, to read:
CHAPTER 1.3. MASSAGE THERAPY
628. A person who provides a certificate, transcript, diploma, or
other document, or otherwise affirms that a person has received
instruction in massage therapy knowing that the person has not
received instruction in massage therapy or knowing that the person
has not received massage therapy instruction consistent with that
document or affirmation is guilty of a misdemeanor and is punishable
by a fine of not more than two thousand five hundred dollars ($2,500)
per violation, or imprisonment in a county jail for not more than
one year, or by both that fine and imprisonment.
628.5. For any person that is criminally prosecuted for a
violation of law in connection with massage therapy, including for
crimes relating to prostitution, the arresting law enforcement agency
may provide to the California Massage Therapy Council, created
pursuant to Section 4600.5 of the Business and Professions Code,
information concerning the massage therapy instruction received by
the person prosecuted, including the name of the school attended, if
any.
SEC. 2. 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.
