BILL NUMBER: SB 285	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2011

INTRODUCED BY   Senator Correa

                        FEBRUARY 14, 2011

   An act to add Chapter 1.3 (commencing with Section 628) to Title
15 of Part 1 of the Penal Code, relating to massage therapy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 285, as amended, Correa. Massage therapy instruction: fraud:
criminal prosecutions.
   (1) Existing law provides for the certification of massage
practitioners and massage therapists by  the Massage Therapy
Organization   a massage therapy organization  and
authorizes the legislative body of a city or county to enact
ordinances providing for the licensing and regulation of the business
of massage when carried on within the city or county.
   This bill would provide that a person who provides a certificate,
transcript, diploma, or other document, or otherwise affirms that a
person has received instruction in massage therapy knowing that the
person has not received instruction in massage therapy or knowing
that the person has not received massage therapy instruction
consistent with that document or affirmation is guilty of a
misdemeanor and is subject to specified penalties. By creating a new
crime, the bill would impose a state-mandated local program.
   The bill would require  a   the arresting
 law enforcement agency, for any person  that 
 , who  is criminally prosecuted for a violation of law in
connection with massage therapy, to provide to the  Massage
Therapy Organization   California Massage Therapy
Council  information concerning the massage therapy instruction
received by the person prosecuted. By imposing new duties on local
law enforcement agencies, the bill would impose a state-mandated
local program.
   (2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.  Chapter 1.3 (commencing with Section 628) is added to
Title 15 of Part 1 of the Penal Code, to read:
      CHAPTER 1.3.  MASSAGE THERAPY


   628.  A person who provides a certificate, transcript, diploma, or
other document, or otherwise affirms that a person has received
instruction in massage therapy knowing that the person has not
received instruction in massage therapy or knowing that the person
has not received massage therapy instruction consistent with that
document or affirmation is guilty of a misdemeanor and is punishable
by a fine of not more than two thousand five hundred dollars ($2,500)
per violation, or imprisonment in a county jail for not more than
one year, or by both that fine and imprisonment.
   628.5.  For any person that is criminally prosecuted for a
violation of law in connection with massage therapy, including for
crimes relating to prostitution,  a   the
arresting  law enforcement agency shall provide to the 
Massage Therapy Organization   California Massage
Therapy Council  , created pursuant to Section 4600.5 of the
Business and Professions Code, information  ,   if
known,  concerning the massage therapy instruction received by
the person prosecuted, including the name of the school attended, if
any.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.