BILL NUMBER: SB 496 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2009
AMENDED IN SENATE APRIL 15, 2009
INTRODUCED BY Senator Maldonado
(Coauthor: Senator Correa)
( Coauthor: Assembly Member
Harkey )
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 amended, 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. The bill would allow an
individual, under specified circumstances, to petition the superior
court to hold a hearing in order for the court to determine whether
the individual no longer poses a possible risk to the public, and
would provide for the court to order the commissioner to restore the
individual's license if it so finds. 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 or federal 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 part.
(2) If the individual is licensed under this part, the
commissioner shall revoke the license of the individual. The
commissioner shall not stay the revocation and place the license on
probation.
(3) The commissioner shall not renew or reinstate the individual's
license under this part. The commissioner shall not issue a stay of
license denial and place the license on probation.
(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 or federal 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 has obtained a certificate of rehabilitation
and pardon under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 of the Penal Code, and his or her probation has
been terminated and the information or accusation has been dismissed
pursuant to Section 1203.4 of the Penal Code.
(2)
(3) 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)
(4) 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.
A petition for reinstatement of a revoked or surrendered license
shall be considered a new proceeding for purposes of this paragraph,
and the prohibition against reinstating a license to an individual
who is required to register as a sex offender shall be applicable.
(d) (1) Five years after the effective date of the revocation and
three years after successful discharge from parole, probation, or
both parole and probation, an individual may petition the superior
court in the county in which the individual has resided for, at a
minimum, five years prior to filing the petition, to hold a hearing
within one year of the date of the petition, in order for the court
to determine whether the individual no longer poses a possible risk
to the public. The individual shall provide notice of the petition to
the Attorney General and to the commissioner at the time of its
filing. The Attorney General and the commissioner may present written
and oral argument to the court on the merits of the petition.
(2) If the court finds that the individual no longer poses a
possible risk to the public, and there are no other underlying
reasons for disciplinary action previously taken by the commissioner,
the court shall order, in writing, the commissioner to reinstate the
individual's license within 180 days of the date of the order. The
commissioner may issue a restricted license as prescribed in Sections
10156.5 and 10156.7 to an individual subject to this section subject
to the terms and conditions, including, but not limited to, any of
the conditions as specified in Sections 10156.6 and 10156.8.
(3) If the court finds that the individual continues to pose a
possible risk to the public, the court shall deny relief. The court's
decision shall be binding on the individual and the commissioner,
and the individual is prohibited from filing a subsequent petition
under this subdivision based on the same conviction.
(4) If a court denies the individual a certificate of
rehabilitation and pardon under Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code, the individual may
not petition the superior court for reinstatement of the individual's
license pursuant to this subdivision.
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.