BILL NUMBER: AB 1694	CHAPTERED  07/16/04

	CHAPTER  165
	FILED WITH SECRETARY OF STATE  JULY 16, 2004
	APPROVED BY GOVERNOR  JULY 15, 2004
	PASSED THE ASSEMBLY  JULY 2, 2004
	PASSED THE SENATE  JUNE 24, 2004
	AMENDED IN SENATE  JUNE 8, 2004
	AMENDED IN ASSEMBLY  JANUARY 16, 2004
	AMENDED IN ASSEMBLY  JANUARY 7, 2004

INTRODUCED BY   Assembly Member Wiggins

                        FEBRUARY 21, 2003

   An act to add Section 160 to the Penal Code, relating to bail
services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1694, Wiggins.  Bail services:  solicitation.
   Existing law generally regulates persons offering bail services as
bail licensees. Violation of the provisions regulating solicitation
of bail is a crime.
   This bill would provide that no bail licensee may employ, engage,
solicit, pay or promise any payment, compensation, consideration or
thing of value to any person incarcerated in any prison, jail, or
other place of detention for the purpose of that person soliciting
bail on behalf of the licensee.  Violation of these prohibitions
would be a misdemeanor.
   By creating a new 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.


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


  SECTION 1.  Section 160 is added to the Penal Code, to read:
   160.  (a) No bail licensee may employ, engage, solicit, pay, or
promise any payment, compensation, consideration or thing of value to
any person incarcerated in any prison, jail, or other place of
detention for the purpose of that person soliciting bail on behalf of
the licensee.  A violation of this section is a misdemeanor.
   (b) Nothing in this section shall prohibit prosecution under
Section 1800 or 1814 of the Insurance Code, or any other applicable
provision of law.
  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.