California Acts of the 2018 Legislative Session
SB 1494, Chapter 423
An act to amend
Sections 4982, 4989.54, 4990.32, 4992.3, and 4999.90 of the
Business and Professions Code, to amend Section 1946.7 of the Civil
Code, to amend Sections 128, 340.1, and 1219 of the Code of Civil
Procedure, to amend Sections 44010, 44424, 44435, 48900, 67362,
67380, 76038, and 87010 of the Education Code, to amend Sections
352.1, 782, 1036.2, 1103, 1108, and 1228 of the Evidence Code, to
amend Sections 6228 and 6928 of the Family Code, to amend Sections
6205.5, 6254, 7282.5, 13955, 13956, and 68152 of the Government
Code, to amend Sections 1265.5, 1564, 1736.5, 11350.5, 11377.5, and
121055 of the Health and Safety Code, to amend Sections 230, 230.1,
and 230.5 of the Labor Code, to amend Sections 136.7, 189, 190.2,
261.6, 261.7, 264.2, 269, 288.3, 289.6, 290, 290.005, 290.008,
290.019, 290.46, 290.5, 292, 294, 645, 647.6, 667, 667.5, 667.51,
667.6, 667.61, 667.71, 667.8, 667.9, 674, 675, 679.02, 680, 784.7,
799, 801.1, 803, 868.5, 868.8, 939.21, 999l, 1048, 1170.12, 1170.9,
1192.5, 1202.05, 1202.1, 1203, 1203.06, 1203.065, 1203.066,
1203.067, 1203.075, 1203.4, 1346, 1347.5, 1463.009, 1524.1, 2603,
2639, 2933.5, 3000, 3000.05, 3003, 3053.8, 3057, 4852.01, 5054.2,
11160, 11165.1, 12022.3, 12022.53, 12022.75, 12022.8, 12022.85,
13510.7, 13701, 13750, 13837, and 27535 of, and to amend and
renumber Section 288a of, the Penal Code, to amend Section 16028 of
the Vehicle Code, and to amend Sections 653.1, 781, 1732, 6500,
6600, and 15610.63 of the Welfare and Institutions Code, relating
to public safety.
SB 1494,
Committee on Public Safety. Public Safety Omnibus.
(1) Existing law sets forth
timelines for the retention of court records.
This bill would correct an
erroneous cross-reference in these provisions.
(2) Existing law defines the
crime of unlawful oral copulation and provides punishments for
violating the crime.
This bill would renumber that
provision and make conforming changes.
(3) Existing law prohibits,
except as specified, a person sentenced to imprisonment in a county
jail from being administered any psychiatric medication without his
or her prior informed consent.
This bill would delete duplicative
language in that provision.
(4) Existing law requires a
probation officer, under certain circumstances, to immediately
refer a juvenile offender for criminal prosecution.
This bill would delete an obsolete
cross reference from this provision and make conforming
changes.
(5) Existing law, upon the
demand of a peace officer or traffic collision investigator,
requires a person who drives a motor vehicle upon a highway to
provide evidence of financial responsibility for the vehicle, as
specified.
This bill would correct erroneous
cross-references in related provisions.
(6) Existing law authorizes,
with exceptions, a person who is the subject of a juvenile court
record, or the county probation officer, to petition the court for
the sealing of records relating to the person's case. Existing
law permits the petition to be filed 5 years or more after the
jurisdiction of the juvenile court has terminated or, if no
petition was filed, 5 years or more after the person was cited to
appear before a probation officer or was taken before a probation
officer or law enforcement officer, or at any time after the person
reaches 18 years of age.
This bill would make a technical,
nonsubstantive change to those provisions.
(7) Existing law authorizes
the Department of Corrections and Rehabilitation to contract with a
private debt collection agency or with the Franchise Tax Board,
whichever is more cost-effective, to make collections, on behalf of
a victim, from parolees who have failed to make restitution
payments according to the terms and conditions specified by the
department. Existing law requires, if a debt is referred to a
private collection agency or to the Franchise Tax Board pursuant to
this provision, either the department, in a specified manner, or
the parole officer to provide notice of that fact to the
parolee.
This bill would make these
provisions applicable to any person who is or has been under the
jurisdiction of the department and who has failed to make
restitution payments. The bill would additionally authorize the
private debt collection agency to provide the notice, in writing,
to the debtor that a debt has been referred to a private debt
collection agency or the Franchise Tax Board. The bill would also
make technical changes.
(8) Existing law requires the
Commission on Peace Officer Standards and Training, whenever a
peace officer holding a certificate issued by the commission is
determined to be disqualified from holding office or being employed
as a peace officer for any of specified reasons, including a felony
conviction, and the person has exhausted or waived his or her
appeal from the conviction or finding that forms the basis for or
accompanies the disqualification, to enter in the commission's
training record for that person a specified notice of ineligibility
to be a peace officer in California.
This bill would remove the
requirement that the person has exhausted or waived his or her
appeal before the commission is required to enter the notice of
ineligibility. The bill would make conforming changes to related
provisions.
Existing law requires, after the
time for filing a notice of appeal has passed, or where the
remittitur has been issued following the filing of a notice of
appeal, in a criminal case establishing the ineligibility of a
person to be a peace officer, the commission to reinstate a
person's basic certificate in the event a conviction of the
offense requiring or accompanying ineligibility is subsequently
overturned or reversed by the action of a court of competent
jurisdiction.
This bill would remove the
requirement on the commission to reinstate the basic certificate,
and would instead require the person to notify the commission in
writing and provide documentation of the court's action.
Existing law requires, upon
request of a person who is eligible for reinstatement due to
successful completion of probation for a drug possession offense,
as specified, the court to notify the commission of the successful
completion and the misdemeanor nature of the person's
conviction. Existing law requires the commission to thereupon
reinstate the person's eligibility.
This bill would remove the
requirement on the court to notify the commission and would instead
require the person to provide court documentation that he or she
had eligibility restored. The bill would instead require the
commission to remove the notation of ineligibility in the
commission's training record for that person.
(9) Existing law prohibits a
person from making an application to purchase more than one handgun
within any 30-day period, with exceptions, including, when
replacing a handgun that was lost or stolen, if the person reported
the lost or stolen firearm to a law enforcement agency.
This bill would make a technical,
nonsubstantive change to those provisions.
(10) This bill would provide
that any section of any act enacted by the Legislature during the
2018 calendar year that takes effect on or before January 1, 2019,
and affects any section of this act, would prevail over this act,
whether that act is enacted prior to, or subsequent to, the
enactment of this act.
THE PEOPLE OF THE STATE OF CALIFORNIA
DO ENACT AS FOLLOWS:
SECTION 1.
Section 4982 of the Business and Professions Code is amended to read:
4982.
The board may deny a license or registration or may suspend
or revoke the license or registration of a licensee or registrant
if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime
substantially related to the qualifications, functions, or duties
of a licensee or registrant under this chapter. The record of
conviction shall be conclusive evidence only of the fact that the
conviction occurred. The board may inquire into the circumstances
surrounding the commission of the crime in order to fix the degree
of discipline or to determine if the conviction is substantially
related to the qualifications, functions, or duties of a licensee
or registrant under this chapter. A plea or verdict of guilty or a
conviction following a plea of nolo contendere made to a charge
substantially related to the qualifications, functions, or duties
of a licensee or registrant under this chapter shall be deemed to
be a conviction within the meaning of this section. The board may
order any license or registration suspended or revoked, or may
decline to issue a license or registration when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal, or, when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code allowing the person to withdraw a
plea of guilty and enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information, or
indictment.
(b) Securing a license or
registration by fraud, deceit, or misrepresentation on any
application for licensure or registration submitted to the board,
whether engaged in by an applicant for a license or registration,
or by a licensee in support of any application for licensure or
registration.
(c) Administering to himself
or herself any controlled substance or using of any of the
dangerous drugs specified in Section 4022, or of any alcoholic
beverage to the extent, or in a manner, as to be dangerous or
injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any
other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is
licensed as a physician and surgeon, who uses...
