BILL NUMBER: SB 238	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 9, 2011

   An act to amend Section 18897.93 of the Business and Professions
Code,  and to add Section 802.5 to the Penal Code, 
relating to athlete agents.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 238, as amended, De León. Athlete agents.
   Existing law, the Miller-Ayala Athlete Agents Act, regulates
specified activities of an athlete agent in representing or seeking
to represent student athletes and professional athletes, and
authorizes certain civil remedies for its violation. The act also
makes a violation of its provisions a misdemeanor offense and
authorizes the court to suspend or revoke the privilege of a person
to conduct the business of an athlete agent if the person is
convicted of a violation of the act.
   This bill would, instead, require the court to suspend, or where
appropriate, revoke the privilege of a person to conduct the business
of an athlete agent if the person is convicted of a violation of the
act. The bill would also require the court to order an athlete agent
or an athlete agent's representative or employee to disgorge all
 revenues   consideration  received in
connection with a violation of the act  , and would specify the
distribution of those disgorged moneys  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 18897.93 of the Business and Professions Code
is amended to read:
   18897.93.  (a) An athlete agent or athlete agent's representative
or employee who violates any provision of this chapter is guilty of a
misdemeanor, and shall be punished by a fine of not more than fifty
thousand dollars ($50,000), or imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
   (b) The court shall suspend  for a period of not less than one
year  or, where appropriate, revoke the privilege of any person
convicted of a violation of this chapter to conduct the business of
an athlete agent. In deciding whether to suspend or revoke the
privilege to conduct the business of an athlete agent, the court
shall consider any one or more of the relevant circumstances
presented by any of the parties to the case, including, but not
limited to, the nature and seriousness of the misconduct, the number
of violations, the persistence of the misconduct, the length of time
over which the misconduct occurred, and the willfulness of the
defendant's misconduct.
   (c) (1)    Upon conviction of any provision of
Article 3 (commencing with Section 18897.6), the court shall, in
addition to any punishment imposed under subdivision (a), order an
athlete agent or athlete agent's representative or employee to
disgorge all  revenues   consideration 
received in connection with the violation. 
   (2) (A) If an action under this section is brought by the Attorney
General, the moneys collected shall be paid to the General Fund.
 
   (B) If the action is brought by a district attorney, two-thirds of
the moneys collected shall be paid to the treasurer of the county in
which the judgment was entered and one-third shall be paid to the
General Fund.  
   (C) If the action is brought by a prosecuting city attorney,
two-thirds of the moneys collected shall be paid to the treasurer of
the city in which the judgment was entered and one-third shall be
paid to the General Fund. 
   SEC. 2.    Section 802.5 is added to th   e
  Penal Code   , to read:  
   802.5.  Notwithstanding Section 802 or any other provision of law,
prosecution for the offense described in Section 18897.93 of the
Business and Professions Code shall be commenced within three years
after discovery of the commission of the offense.