BILL NUMBER: SB 496	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        FEBRUARY 26, 2009

   An act to add Section 10150.5 to the Business and Professions
Code, relating to real estate.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 496, as introduced, Maldonado. Real estate: sex offenders.
   The Real Estate Law provides for the licensing and regulation of
real estate salespersons and real estate brokers by the Real Estate
Commissioner, and authorizes the commissioner to deny, revoke, or
suspend a license for specified reasons. Existing law requires
persons convicted of certain sex offenses to register as sex
offenders, as specified. A violation of various provisions of the
Real Estate Law is a crime.
   This bill would, with regard to an individual who is required to
register as a sex offender, require the commissioner to deny an
application for licensure, renewal, or reinstatement of, or to
revoke, a license under the Real Estate Law, with specified
exceptions. The bill would require an individual who is convicted of
an offense that requires registration as a sex offender to notify the
commissioner within 5 days of the imposition of sentence, with
specified exceptions. Because a failure to comply with this
requirement would be a crime, the bill would thereby 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.


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

  SECTION 1.  Section 10150.5 is added to the Business and
Professions Code, to read:
   10150.5.  (a) Notwithstanding any other provision of law, except
as provided in subdivision (c), with regard to an individual who is
required to register as a sex offender pursuant to Section 290 of the
Penal Code, or the equivalent in another state or territory or under
military law, the commissioner shall be subject to the following
requirements:
   (1) The commissioner shall deny an application as a real estate
salesperson or real estate broker pursuant to this division.
   (2) If the individual is licensed under this division, the
commissioner shall revoke the license.
   (3) The commissioner shall not renew or reinstate the individual's
license under this division.
   (b) Except as provided in subdivision (c), a person licensed
pursuant to this division as a real estate salesperson or real estate
broker who is convicted of an offense that requires the individual
to register as a sex offender pursuant to Section 290 of the Penal
Code, or the equivalent in another state or territory or under
military law, shall, within five days of the imposition of sentence,
notify the commissioner.
   (c) This section shall not apply to any of the following:
   (1) An individual who has been relieved under Section 290.5 of the
Penal Code of his or her duty to register as a sex offender, or
whose duty to register has otherwise been formally terminated under
California law or the law of the jurisdiction that requires his or
her registration as a sex offender.
   (2) An individual who is required to register as a sex offender
pursuant to Section 290 of the Penal Code solely because of a
misdemeanor conviction under Section 314 of the Penal Code. However,
nothing in this paragraph shall prohibit the commissioner from
exercising his or her discretion to discipline a licensee under other
provisions of state law based upon the licensee's conviction under
Section 314 of the Penal Code.
   (3) Any administrative adjudication proceeding under Chapter 5
(commencing with Section 11500) of Part 1 of Title 2 of the
Government Code that is fully adjudicated prior to January 1, 2010.
  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.