Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 854


Introduced by Assembly Member Stone

February 21, 2013


An act to amend Sectionbegin delete 1418.91 of the Health and Safety Code, relating to elder abuse.end deletebegin insert 466.8 of the Penal Code, relating to locksmithing.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 854, as amended, Stone. begin deleteElder abuse. end deletebegin insertLocksmithing.end insert

begin insert

Existing law requires any person who knowingly and willfully makes a key capable of opening any door or other means of entrance to a residence or commercial establishment for another to obtain specified information, including the name and address of the person requesting or purchasing the key, and to retain a copy of the work order for 2 years. A violation of this provision is a misdemeanor.

end insert
begin insert

This bill would require the person making the key to obtain the e-mail address, if any, of the person requesting or purchasing the key, and to retain the work order for 4 years, rather than 2 years. Because the bill would revise the definition of a crime, the bill wold impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law requires a long-term health care facility to report to the State Department of Public Health immediately, or within 24 hours, all incidents of alleged or suspected abuse of a facility resident.

end delete
begin delete

This bill would make a technical, nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 466.8 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

466.8.  

(a) Any person who knowingly and willfully makes a
4key capable of opening any door or other means of entrance to any
5residence or commercial establishment for another by any method
6involving an onsite inspection ofbegin delete suchend deletebegin insert theend insert door or entrance, whether
7or not for compensation, shall obtain, together with the date the
8key was made, the street address of the residence or commercial
9establishment, and the signature of the person for whom the key
10was made, on a work order form, the following information
11regarding the person requesting or purchasing the key:

12(1) Name.

13(2) Address.

14(3) begin insert(A)end insertbegin insertend insert Telephone number, if any.

begin insert

15(B) E-mail address, if any.

end insert

16(4) Date of birth.

17(5) Driver’s license number or identification number, if any.

18A copy of eachbegin delete suchend delete work order shall be retained forbegin delete twoend deletebegin insert fourend insert
19 years and shall be open to inspection by any peace officer or by
20the Bureau of Collection and Investigative Services during business
21hours or submitted to the bureau upon request.

22Any person who violates any provision of this subdivision is
23guilty of a misdemeanor.

24(b) Nothing contained in this section shall be construed to
25prohibit the duplication of any key for a residence or commercial
26establishment from another such key.

27(c) Locksmiths licensed by the Bureau of Collection and
28Investigative Services are subject to the provisions set forth in
29Chapter 8.5 (commencing with Section 6980) of Division 3 of the
30Business and Professions Code.

P3    1(d) The provisions of this section shall include, but are not
2limited to, the making of a key from key codes or impressions.

3begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.

end insert
begin delete12

SECTION 1.  

Section 1418.91 of the Health and Safety Code
13 is amended to read:

14

1418.91.  

(a) A long-term health care facility shall report all
15incidents of alleged abuse or suspected abuse of a resident of the
16facility to the department immediately, or within 24 hours.

17(b) Failure to comply with the requirements of this section shall
18be a class “B” violation.

19(c) For purposes of this section, “abuse” shall mean any of the
20conduct described in subdivisions (a) and (b) of Section 15610.07
21of the Welfare and Institutions Code.

22(d) This section shall not change any reporting requirements
23under Section 15630 of the Welfare and Institutions Code, or as
24otherwise specified in the Elder Abuse and Dependent Adult Civil
25Protection Act, Chapter 11 (commencing with Section 15600) of
26Part 3 of Division 9 of the Welfare and Institutions Code.

end delete


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