BILL NUMBER: AB 854 AMENDED
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Stone
FEBRUARY 21, 2013
An act to amend Section
1418.91 of the Health and Safety
Code, relating to elder abuse. 466.8 of the Penal
Code, relating to locksmithing.
LEGISLATIVE COUNSEL'S DIGEST
AB 854, as amended, Stone. Elder abuse.
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.
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.
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
This bill would provide that no reimbursement is required by this
act for a specified reason.
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
This bill would make a technical, nonsubstantive change to this
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 466.8 of the Penal
Code is amended to read:
466.8. (a) Any person who knowingly and willfully makes a key
capable of opening any door or other means of entrance to any
residence or commercial establishment for another by any method
involving an onsite inspection of such the
door or entrance, whether or not for compensation, shall
obtain, together with the date the key was made, the street address
of the residence or commercial establishment, and the signature of
the person for whom the key was made, on a work order form, the
following information regarding the person requesting or purchasing
(3) (A) Telephone number, if any.
(B) E-mail address, if any.
(4) Date of birth.
(5) Driver's license number or identification number, if any.
A copy of each such work order shall be
retained for two four years and shall
be open to inspection by any peace officer or by the Bureau of
Collection and Investigative Services during business hours or
submitted to the bureau upon request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a residence or commercial
establishment from another such key.
(c) Locksmiths licensed by the Bureau of Collection and
Investigative Services are subject to the provisions set forth in
Chapter 8.5 (commencing with Section 6980) of Division 3 of the
Business and Professions Code.
(d) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
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
SECTION 1. Section 1418.91 of the Health and
Safety Code is amended to read:
1418.91. (a) A long-term health care facility shall report all
incidents of alleged abuse or suspected abuse of a resident of the
facility to the department immediately, or within 24 hours.
(b) Failure to comply with the requirements of this section shall
be a class "B" violation.
(c) For purposes of this section, "abuse" shall mean any of the
conduct described in subdivisions (a) and (b) of Section 15610.07 of
the Welfare and Institutions Code.
(d) This section shall not change any reporting requirements under
Section 15630 of the Welfare and Institutions Code, or as otherwise
specified in the Elder Abuse and Dependent Adult Civil Protection
Act, Chapter 11 (commencing with Section 15600) of Part 3 of Division
9 of the Welfare and Institutions Code.