Amended in Senate July 9, 2013

Amended in Assembly April 25, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 924

Introduced by Assembly Member Bigelow

February 22, 2013

An act to amend begin insert Section 8214.1 of the Government Code, to amend Sections 1265.5, 1337.9, and 1736.5 of the Health and Safety Code, and to amend end insert Sections begin insert 186.2, 463, end insert 487 begin delete and end delete begin insert , 487a, end insert 489 begin insert , and 1202.5 end insert of the Penal Code, relating to grand theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 924, as amended, Bigelow. Grand theft.

Under begin insert existing law, every person who feloniously steals, takes, carries, leads, or drives away the personal property of another, or who fraudulently appropriates the property which has been entrusted to him or her, among other things, is guilty of theft. Under end insert existing law, grand theft is generally theft committed when the money, labor, or real or personal property taken is of a value exceeding $950, or when certain kinds of property are taken. Under existing law, grand theft is committed when the property taken is a horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig, or if a person steals the carcass or portion of the carcass of any bovine, caprine, equine, ovine, or suine animal, or of any mule, jack, or jenny. Under existing law, grand theft is punishable either as a felony or a misdemeanor.

This bill would make grand theft of the above-specified animals punishable as a felony or a misdemeanor, or by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would require the proceeds of the fine to be allocated to the Bureau of Livestock Identification to be used upon appropriation for specified purposes. begin insert The bill would make technical, nonsubstantive, and conforming changes. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8214.1 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8214.1.  

The Secretary of State may refuse to appoint any person
as notary public or may revoke or suspend the commission of any
notary public upon any of the following grounds:

(a) Substantial and material misstatement or omission in the
application submitted to the Secretary of State to become a notary
public.

(b) Conviction of a felony, a lesser offense involving moral
turpitude, or a lesser offense of a nature incompatible with the
duties of a notary public. A conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of
this subdivision.

(c) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct based on dishonesty, or for any cause
substantially relating to the duties or responsibilities of a notary
public.

(d) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a notary public.

(e) When adjudicated liable for damages in any suit grounded
in fraud, misrepresentation, or for a violation of the state regulatory
laws, or in any suit based upon a failure to discharge fully and
faithfully the duties as a notary public.

(f) The use of false or misleading advertising wherein the notary
public has represented that the notary public has duties, rights, or
privileges that he or she does not possess by law.

(g) The practice of law in violation of Section 6125 of the
Business and Professions Code.

(h) Charging more than the fees prescribed by this chapter.

(i) Commission of any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit the notary public or another,
or substantially injure another.

(j) Failure to complete the acknowledgment at the time the
notary’s signature and seal are affixed to the document.

(k) Failure to administer the oath or affirmation as required by
paragraph (3) of subdivision (a) of Section 8205.

(l) Execution of any certificate as a notary public containing a
statement known to the notary public to be false.

(m) Violation of Section 8223.

(n) Failure to submit any remittance payable upon demand by
the Secretary of State under this chapter or failure to satisfy any
court-ordered money judgment, including restitution.

(o) Failure to secure the sequential journal of official acts,
pursuant to Section 8206, or the official seal, pursuant to Section
8207, or willful failure to report the theft or loss of the sequential
journal, pursuant to subdivision (b) of Section 8206.

(p) Violation of Section 8219.5.

(q) Commission of an act in violation of Section 6203, 8214.2,
8225, or 8227.3 of the Government Code or of Section 115, 470,
487, begin insert subdivision (a) of Section 487a, end insert or begin insert Section end insert 530.5 of the Penal
Code.

(r) Willful failure to provide access to the sequential journal of
official acts upon request by a peace officer.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1265.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1265.5.  

(a) (1) Prior to the initial licensure or renewal of a
license of any person or persons to operate or manage an
intermediate care facility/developmentally disabled habilitative,
an intermediate care facility/developmentally disabled-nursing,
an intermediate care facility/developmentally disabled-continuous
nursing, or an intermediate care facility/developmentally disabled,
other than an intermediate care facility/developmentally disabled
operated by the state, that secures criminal record clearances for
its employees through a method other than as specified in this
section or upon the hiring of direct care staff by any of these
facilities, the department shall secure from the Department of
Justice criminal offender record information to determine whether
the applicant, facility administrator or manager, any direct care
staff, or any other adult living in the same location, has ever been
convicted of a crime other than a minor traffic violation.

(2) (A) The criminal record clearance shall require the applicant
to submit electronic fingerprint images and related information of
the facility administrator or manager, and any direct care staff, or
any other adult living in the same location, to the Department of
Justice. Applicants shall be responsible for any cost associated
with capturing or transmitting the fingerprint images and related
information.

(B) The criminal record clearance shall be completed prior to
direct staff contact with residents of the facility. A criminal record
clearance shall be complete when the department has obtained the
person’s criminal record information from the Department of
Justice and has determined that he or she is not disqualified from
engaging in the activity for which clearance is required.

(3) (A) The Licensing and Certification Program shall issue an
All Facilities Letter (AFL) to facility licensees when it determines
that both of the following criteria have been met for a period of
30 days:

(i) The program receives, within three business days, 95 percent
of its total responses indicating no evidence of recorded criminal
information from the Department of Justice.

(ii) The program processes 95 percent of its total responses
requiring disqualification in accordance with subdivision (b), with
notices mailed to the facility no later than 45 days after the date
that the criminal offender record information report is received
from the Department of Justice.

(B) After the AFL is issued, facilities shall not allow newly
hired facility administrators, managers, direct care staff, or any
other adult living in the same location to have direct contact with
clients or residents of the facility prior to completion of the criminal
record clearance. A criminal record clearance shall be complete
when the department has obtained the person’s criminal offender
record information search response from the Department of Justice
and has determined that the person is not disqualified from
engaging in the activity for which clearance is required.

(C) An applicant or certificate holder who may be disqualified
on the basis of a criminal conviction shall provide the department
with a certified copy of the judgment of each conviction. In
addition, the individual may, during a period of two years after
the department receives the criminal record report, provide the
department with evidence of good character and rehabilitation in
accordance with subdivision (c). Upon receipt of a new application
for certification of the individual, the department may receive and
consider the evidence during the two-year period without requiring
additional fingerprint imaging to clear the individual.

(D) The department’s Licensing and Certification Program shall
explore and implement methods for maximizing its efficiency in
processing criminal record clearances within the requirements of
law, including a streamlined clearance process for persons that
have been disqualified on the basis of criminal convictions that do
not require automatic denial pursuant to subdivision (b).

(4) An applicant and any other person specified in this
subdivision, as part of the background clearance process, shall
provide information as to whether or not the person has any prior
criminal convictions, has had any arrests within the past 12-month
period, or has any active arrests, and shall certify that, to the best
of his or her knowledge, the information provided is true. This
requirement is not intended to duplicate existing requirements for
individuals who are required to submit fingerprint images as part
of a criminal background clearance process. Every applicant shall
provide information on any prior administrative action taken
against him or her by any federal, state, or local governmental
agency and shall certify that, to the best of his or her knowledge,
the information provided is true. An applicant or other person
required to provide information pursuant to this section that
knowingly or willfully makes false statements, representations, or
omissions may be subject to administrative action, including, but
not limited to, denial of his or her application or exemption or
revocation of any exemption previously granted.

(b) (1) The application for licensure or renewal shall be denied
if the criminal record indicates that the person seeking initial
licensure or renewal of a license referred to in subdivision (a) has
been convicted of a violation or attempted violation of any one or
more of the following Penal Code provisions: Section 187,
subdivision (a) of Section 192, Section 203, 205, 206, 207, 209,
210, 210.5, 211, 220, 222, 243.4, 245, 261, 262, or 264.1, Sections
265 to 267, inclusive, Section 273a, 273d, 273.5, or 285,
subdivisions (c), (d), (f), and (g) of Section 286, Section 288,
subdivisions (c), (d), (f), and (g) of Section 288a, Section 288.5,
289, 289.5, 368, 451, 459, 470, 475, 484, or 484b, Sections 484d
to 484j, inclusive, begin delete or end delete Section 487, begin insert subdivision (a) of Section 487a,
or Section end insert 488, 496, 503, 518, or 666, unless any of the following
applies:

(A) The person was convicted of a felony and has obtained a
certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code and the
information or accusation against the person has been dismissed
pursuant to Section 1203.4 of the Penal Code with regard to that
felony.

(B) The person was convicted of a misdemeanor and the
information or accusation against the person has been dismissed
pursuant to Section 1203.4 or 1203.4a of the Penal Code.

(C) The person was convicted of a felony or a misdemeanor,
but has previously disclosed the fact of each conviction to the
department and the department has made a determination in
accordance with law that the conviction does not disqualify the
person.

(2) The application for licensure or renewal shall be denied if
the criminal record of the person includes a conviction in another
state for an offense that, if committed or attempted in this state,
would have been punishable as one or more of the offenses set
forth in paragraph (1), unless evidence of rehabilitation comparable
to the dismissal of a misdemeanor or a certificate of rehabilitation
as set forth in subparagraph (A) or (B) of paragraph (1) is provided
to the department.

(c) If the criminal record of a person described in subdivision
(a) indicates any conviction other than a minor traffic violation or
other than a conviction listed in subdivision (b), the department
may deny the application for licensure or renewal. In determining
whether or not to deny the application for licensure or renewal
pursuant to this subdivision, the department shall take into
consideration the following factors as evidence of good character
and rehabilitation:

(1) The nature and seriousness of the offense under consideration
and its relationship to their employment duties and responsibilities.

(2) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.

(3) The time that has elapsed since the commission of the
conduct or offense referred to in paragraph (1) or (2) and the
number of offenses.

(4) The extent to which the person has complied with any terms
of parole, probation, restitution, or any other sanction lawfully
imposed against the person.

(5) Any rehabilitation evidence, including character references,
submitted by the person.

(6) Employment history and current employer recommendations.

(7) Circumstances surrounding the commission of the offense
that would demonstrate the unlikelihood of repetition.

(8) The granting by the Governor of a full and unconditional
pardon.

(9) A certificate of rehabilitation from a superior court.

(d) Nothing in this section shall be construed to require a
criminal record check of a person receiving services in an
intermediate care facility/developmentally disabled habilitative,
intermediate care facility/developmentally disabled-nursing,
intermediate care facility/developmentally disabled-continuous
nursing, or intermediate care facility/developmentally disabled.

(e) For purposes of this section, “direct care staff” means all
facility staff who are trained and experienced in the care of persons
with developmental disabilities and who directly provide program
and nursing services to clients. Administrative and licensed
personnel shall be considered direct care staff when directly
providing program and nursing services to clients. Persons
employed as consultants and acting as direct care staff shall be
subject to the same requirements for a criminal record clearance
as other direct care staff. However, the employing facility shall
not be required to pay any costs associated with that criminal record
clearance.

(f) Upon the employment of any person specified in subdivision
(a), and prior to any contact with clients or residents, the facility
shall ensure that electronic fingerprint images are submitted to the
Department of Justice for the purpose of obtaining a criminal record
check.

(g) The department shall develop procedures to ensure that any
licensee, direct care staff, or certificate holder for whom a criminal
record has been obtained pursuant to this section or Section 1338.5
or 1736 shall not be required to obtain multiple criminal record
clearances.

(h) In addition to the persons who are not required to obtain
multiple criminal record clearances pursuant to subdivision (g), a
person shall not be required to obtain a separate criminal record
clearance if the person meets all of the following criteria:

(1) The person is employed as a consultant and acts as direct
care staff.

(2) The person is a registered nurse, licensed vocational nurse,
physical therapist, occupational therapist, or speech-language
pathologist.

(3) The person has obtained a criminal record clearance as a
prerequisite to holding a license or certificate to provide direct
care services.

(4) The person has a license or certificate to provide direct care
service that is in good standing with the appropriate licensing or
certification board.

(5) The person is providing time-limited specialized clinical
care or services.

(6) The person is not left alone with the client.

(i) If, at any time, the department determines that it does not
meet the standards specified in clauses (i) and (ii) of subparagraph
(A) of paragraph (3) of subdivision (a), for a period of 90
consecutive days, the requirements in paragraph (3) of subdivision
(a) shall be suspended until the department determines that it has
met those standards for a period of 90 consecutive days.

(j) During any period of time in which paragraph (3) of
subdivision (a) is inoperative, facilities may allow newly hired
facility administrators, managers, direct care staff, or any other
adult living in the same location to have direct contact with clients
or residents of the facility after those persons have submitted
live-scan fingerprint images to the Department of Justice, and the
department shall issue an AFL advising of this change in the
statutory requirement.

(k) Notwithstanding any other provision of law, the department
is authorized to provide an individual with a copy of his or her
state or federal level criminal offender record information search
response as provided to that department by the Department of
Justice if the department has denied a criminal background
clearance based on this information and the individual makes a
written request to the department for a copy specifying an address
to which it is to be sent. The state or federal level criminal offender
record information search response shall not be modified or altered
from its form or content as provided by the Department of Justice
and shall be provided to the address specified by the individual in
his or her written request. The department shall retain a copy of
the individual’s written request and the response and date provided.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1337.9 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1337.9.  

(a)  (1)  The state department may deny an application
for, initiate an action to suspend or revoke a certificate for, or deny
a training and examination application for a nurse assistant.

(2)  The state department shall deny a training and examination
application and deny, suspend, or revoke a certificate issued under
this article if the applicant or certificate holder has been convicted
of a violation or attempted violation of any one or more of the
following Penal Code provisions: Section 187, subdivision (a) of
Section 192, Section 203, 205, 206, 207, 209, 210, 210.5, 211,
220, 222, 243.4, 245, 261, 262, or 264.1, Sections 265 to 267,
inclusive, Section 273a, 273d, 273.5, or 285, subdivisions (c), (d),
(f), and (g) of Section 286, Section 288, subdivisions (c), (d), (f),
and (g) of Section 288a, Section 288.5, 289, 289.5, 368, 451, 459,
470, 475, 484, or 484b, Sections 484d to 484j, inclusive, Section
487, begin insert subdivision (a) of Section 487a, or Section end insert 488, 496, 503,
518, or 666, unless any of the following applies:

(A)  The person was convicted of a felony and has obtained a
certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code and the
information or accusation against him or her has been dismissed
pursuant to Section 1203.4 of the Penal Code.

(B)  The person was convicted of a misdemeanor and the
information or accusation against him or her has been dismissed
pursuant to Section 1203.4 or 1203.4a of the Penal Code.

(C)  The certificate holder was convicted of a felony or a
misdemeanor, but has previously disclosed the fact of each
conviction to the department, and the department has made a
determination in accordance with law that the conviction does not
disqualify the applicant from certification.

(D)  The person was convicted of a misdemeanor violation of
Section 488 or 496, is requesting a renewal of their certificate, and
has had no subsequent convictions in the last five years. This
paragraph shall become inoperative on August 1, 2001.

(b)  An application or certificate shall be denied, suspended, or
revoked upon conviction in another state of an offense that, if
committed or attempted in this state, would have been punishable
as one or more of the offenses set forth in subdivision (a), unless
evidence of rehabilitation comparable to the certificate of
rehabilitation or dismissal of a misdemeanor set forth in paragraph
(1) or (2) of subdivision (a) is provided.

(c)  The state department may deny an application or deny,
suspend, or revoke a certificate issued under this article for any of
the following:

(1)  Unprofessional conduct, including, but not limited to,
incompetence, gross negligence, unless due to circumstances
beyond the nurse assistant’s control, physical, mental, or verbal
abuse of patients, or misappropriation of property of patients or
others.

(2)  Conviction of a crime substantially related to the
qualifications, functions, and duties of a certified nurse assistant,
irrespective of a subsequent order under Section 1203.4, 1203.4a,
or 4852.13 of the Penal Code, where the state department
determines that the applicant or certificate holder has not
adequately demonstrated that he or she has been rehabilitated and
will present a threat to the health, safety, or welfare of patients.

(3)  Conviction for, or use of, any controlled substance as
defined in Division 10 (commencing with Section 11000), or any
dangerous drug, as defined in Section 4022 of the Business and
Professions Code, or alcoholic beverages, to an extent or in a
manner dangerous or injurious to the certified nurse assistant, any
other person, or the public, to the extent that this use would impair
the ability to conduct, with safety to the public, the practice
authorized by a certificate.

(4)  Procuring a certified nurse assistant certificate by fraud or
misrepresentation or mistake.

(5)  Making or giving any false statement or information in
conjunction with the application for issuance of a nurse assistant
certificate or training and examination application.

(6)  Impersonating any applicant, or acting as proxy for an
applicant, in any examination required under this article for the
issuance of a certificate.

(7)  Impersonating another certified nurse assistant, a licensed
vocational nurse, or a registered nurse, or permitting or allowing
another person to use a certificate for the purpose of providing
nursing services.

(8)  Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violating of, or conspiring to violate
any provision or term of, this article.

(d)  In determining whether or not to deny the application for
licensure or renewal pursuant to subdivision (c), the department
shall take into consideration the following factors as evidence of
good character and rehabilitation:

(1)  The nature and seriousness of the conduct or crime under
consideration and its relationship to their employment duties and
responsibilities.

(2)  Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.

(3)  The time that has elapsed since the commission of the
conduct or offense referred to in paragraph (1) or (2) and the
number of offenses.

(4)  The extent to which the person has complied with any terms
of parole, probation, restitution, or any other sanction lawfully
imposed against the person.

(5)  Any rehabilitation evidence, including character references,
submitted by the person.

(6)  Employment history and current employer
recommendations.

(7)  Circumstances surrounding the commission of the offense
that would demonstrate the unlikelihood of repetition.

(8)  The granting by the Governor of a full and unconditional
pardon.

(9)  A certificate of rehabilitation from a superior court.

(e)  When the state department determines that a certificate shall
be suspended, the state department shall specify the period of actual
suspension. The state department may determine that the
suspension shall be stayed, placing the certificate holder on
probation with specified conditions for a period not to exceed two
years. When the state department determines that probation is the
appropriate action, the certificate holder shall be notified that in
lieu of the state department proceeding with a formal action to
suspend the certification and in lieu of an appeal pursuant to
subdivision (h), the certificate holder may request to enter into a
diversion program agreement. A diversion program agreement
shall specify terms and conditions related to matters, including,
but not limited to, work performance, rehabilitation, training,
counseling, progress reports, and treatment programs. If a
certificate holder successfully completes a diversion program, no
action shall be taken upon the allegations that were the basis for
the diversion agreement. Upon failure of the certificate holder to
comply with the terms and conditions of an agreement, the state
department may proceed with a formal action to suspend or revoke
the certification.

(f)  A plea or verdict of guilty, or a conviction following a plea
of nolo contendere shall be deemed a conviction within the
meaning of this article. The state department may deny an
application or deny, suspend, or revoke a certification based on a
conviction as provided in this article when the judgment of
conviction is entered or when an order granting probation is made
suspending the imposition of sentence.

(g)  Upon determination to deny an application or deny, revoke,
or suspend a certificate, the state department shall notify the
applicant or certificate holder in writing by certified mail of all of
the following:

(1)  The reasons for the determination.

(2)  The applicant’s or certificate holder’s right to appeal the
determination if the determination was made under subdivision
(c).

(h)  (1)  Upon written notification that the state department has
determined that an application shall be denied or a certificate shall
be denied, suspended, or revoked under subdivision (c), the
applicant or certificate holder may request an administrative
hearing by submitting a written request to the state department
within 20 business days of receipt of the written notification. Upon
receipt of a written request, the state department shall hold an
administrative hearing pursuant to the procedures specified in
Section 100171, except where those procedures are inconsistent
with this section.

(2)  A hearing under this section shall be conducted within 60
days of the receipt of the written request of the applicant or
certificate holder submitted pursuant to paragraph (1) by a hearing
officer or administrative law judge designated by the director at a
location, other than the work facility, convenient to the applicant
or certificate holder unless the applicant or certificate holder agrees
to an extension. The hearing shall be tape recorded and a written
decision shall be sent by certified mail to the applicant or certificate
holder within 30 calendar days of the hearing. Except as specified
in subdivision (i), the effective date of an action to revoke or
suspend a certificate shall be specified in the written decision, or
if no administrative hearing is timely requested, the effective date
shall be 21 business days from written notification of the
department’s determination to revoke or suspend.

(i)  The state department may revoke or suspend a certificate
prior to any hearing when immediate action is necessary in the
judgment of the director to protect the public welfare. Notice of
this action, including a statement of the necessity of immediate
action to protect the public welfare, shall be sent in accordance
with subdivision (g). If the certificate holder requests an
administrative hearing pursuant to subdivision (h), the state
department shall hold the administrative hearing as soon as possible
but not later than 30 calendar days from receipt of the request for
a hearing. A written hearing decision upholding or setting aside
the action shall be sent by certified mail to the certificate holder
within 30 calendar days of the hearing.

(j)  Upon the expiration of the term of suspension, he or she
shall be reinstated by the state department and shall be entitled to
resume practice unless it is established to the satisfaction of the
state department that the person has practiced as a certified nurse
assistant in this state during the term of suspension. In this event,
the state department shall revoke the person’s certificate.

(k)  Upon a determination to deny an application or deny,
revoke, or suspend a certificate, the state department shall notify
the employer of the applicant and certificate holder in writing of
that determination, and whether the determination is final, or
whether a hearing is pending relating to this determination. If a
licensee or facility is required to deny employment or terminate
employment of the employee based upon notice from the state that
the employee is determined to be unsuitable for employment under
this section, the licensee or facility shall not incur criminal, civil,
unemployment insurance, workers’ compensation, or administrative
liability as a result of that denial or termination.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1736.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1736.5.  

(a) The department shall deny a training application
and deny, suspend, or revoke a certificate issued under this article
if the applicant or certificate holder has been convicted of a
violation or attempted violation of any of the following Penal Code
provisions: Section 187, subdivision (a) of Section 192, Section
203, 205, 206, 207, 209, 210, 210.5, 211, 220, 222, 243.4, 245,
261, 262, or 264.1, Sections 265 to 267, inclusive, Section 273a,
273d, 273.5, or 285, subdivisions (c), (d), (f), and (g) of Section
286, Section 288, subdivisions (c), (d), (f), and (g) of Section 288a,
Section 288.5, 289, 289.5, 368, 451, 459, 470, 475, 484, or 484b,
Sections 484d to 484j, inclusive, begin delete or end delete Section 487, begin insert subdivision (a)
of Section 487a, or Section end insert 488, 496, 503, 518, or 666, unless any
of the following applies:

(1) The person was convicted of a felony and has obtained a
certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code and the
information or accusation against him or her has been dismissed
pursuant to Section 1203.4 of the Penal Code.

(2) The person was convicted of a misdemeanor and the
information or accusation against him or her has been dismissed
pursuant to Section 1203.4 or 1203.4a of the Penal Code.

(3) The certificate holder was convicted of a felony or a
misdemeanor, but has previously disclosed the fact of each
conviction to the department, and the department has made a
determination in accordance with law that the conviction does not
disqualify the applicant from certification.

(b) An application or certificate shall be denied, suspended, or
revoked upon conviction in another state of an offense that, if
committed or attempted in this state, would have been punishable
as one or more of the offenses set forth in subdivision (a), unless
evidence of rehabilitation comparable to the certificate of
rehabilitation or dismissal of a misdemeanor set forth in paragraph
(1) or (2) of subdivision (a) is provided.

(c) (1) The department may deny an application or deny,
suspend, or revoke a certificate issued under this article for any of
the following:

(A) Unprofessional conduct, including, but not limited to,
incompetence, gross negligence, physical, mental, or verbal abuse
of patients, or misappropriation of property of patients or others.

(B) Conviction of a crime substantially related to the
qualifications, functions, and duties of a home health aide,
irrespective of a subsequent order under Section 1203.4, 1203.4a,
or 4852.13 of the Penal Code, where the department determines
that the applicant or certificate holder has not adequately
demonstrated that he or she has been rehabilitated and will present
a threat to the health, safety, or welfare of patients.

(C) Conviction for, or use of, any controlled substance as defined
in Division 10 (commencing with Section 11000) of this code, or
any dangerous drug, as defined in Section 4022 of the Business
and Professions Code, or alcoholic beverages, to an extent or in a
manner dangerous or injurious to the home health aide, any other
person, or the public, to the extent that this use would impair the
ability to conduct, with safety to the public, the practice authorized
by a certificate.

(D) Procuring a home health aide certificate by fraud,
misrepresentation, or mistake.

(E) Making or giving any false statement or information in
conjunction with the application for issuance of a home health aide
certificate or training and examination application.

(F) Impersonating any applicant, or acting as proxy for an
applicant, in any examination required under this article for the
issuance of a certificate.

(G) Impersonating another home health aide, a licensed
vocational nurse, or a registered nurse, or permitting or allowing
another person to use a certificate for the purpose of providing
nursing services.

(H) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or term of, this article.

(2) In determining whether or not to deny an application or
deny, suspend, or revoke a certificate issued under this article
pursuant to this subdivision, the department shall take into
consideration the following factors as evidence of good character
and rehabilitation:

(A) The nature and seriousness of the offense under
consideration and its relationship to the person’s employment
duties and responsibilities.

(B) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.

(C) The time that has elapsed since the commission of the
conduct or offense referred to in subparagraph (A) or (B) and the
number of offenses.

(D) The extent to which the person has complied with any terms
of parole, probation, restitution, or any other sanction lawfully
imposed against the person.

(E) Any rehabilitation evidence, including character references,
submitted by the person.

(F) Employment history and current employer recommendations.

(G) Circumstances surrounding the commission of the offense
that would demonstrate the unlikelihood of repetition.

(H) Granting by the Governor of a full and unconditional pardon.

(I) A certificate of rehabilitation from a superior court.

(d) When the department determines that a certificate shall be
suspended, the department shall specify the period of actual
suspension. The department may determine that the suspension
shall be stayed, placing the certificate holder on probation with
specified conditions for a period not to exceed two years. When
the department determines that probation is the appropriate action,
the certificate holder shall be notified that in lieu of the department
proceeding with a formal action to suspend the certification and
in lieu of an appeal pursuant to subdivision (g), the certificate
holder may request to enter into a diversion program agreement.
A diversion program agreement shall specify terms and conditions
related to matters including, but not limited to, work performance,
rehabilitation, training, counseling, progress reports, and treatment
programs. If a certificate holder successfully completes a diversion
program, no action shall be taken upon the allegations that were
the basis for the diversion agreement. Upon failure of the certificate
holder to comply with the terms and conditions of an agreement,
the department may proceed with a formal action to suspend or
revoke the certification.

(e) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere, shall be deemed a conviction within the
meaning of this article. The department may deny an application
or deny, suspend, or revoke a certification based on a conviction
as provided in this article when the judgment of conviction is
entered or when an order granting probation is made suspending
the imposition of sentence.

(f) Upon determination to deny an application or deny, revoke,
or suspend a certificate, the department shall notify the applicant
or certificate holder in writing by certified mail of both of the
following:

(1) The reasons for the determination.

(2) The applicant’s or certificate holder’s right to appeal the
determination if the determination was made under subdivision
(c).

(g) (1) Upon written notification that the department has
determined that an application shall be denied or a certificate shall
be denied, suspended, or revoked under subdivision (c), the
applicant or certificate holder may request an administrative
hearing by submitting a written request to the department within
20 business days of receipt of the written notification. Upon receipt
of a written request, the department shall hold an administrative
hearing pursuant to the procedures specified in Section 100171,
except where those procedures are inconsistent with this section.

(2) A hearing under this section shall be conducted by a hearing
officer or administrative law judge designated by the director at a
location, other than the work facility, that is convenient to the
applicant or certificate holder. The hearing shall be audio or video
recorded and a written decision shall be sent by certified mail to
the applicant or certificate holder within 30 calendar days of the
hearing. Except as specified in subdivision (h), the effective date
of an action to revoke or suspend a certificate shall be specified
in the written decision, or if no administrative hearing is timely
requested, the effective date shall be 21 business days from written
notification of the department’s determination to revoke or suspend.

(h) The department may revoke or suspend a certificate prior
to any hearing when immediate action is necessary in the judgment
of the director to protect the public welfare. Notice of this action,
including a statement of the necessity of immediate action to
protect the public welfare, shall be sent in accordance with
subdivision (f). If the certificate holder requests an administrative
hearing pursuant to subdivision (g), the department shall hold the
administrative hearing as soon as possible but not later than 30
calendar days from receipt of the request for a hearing. A written
hearing decision upholding or setting aside the action shall be sent
by certified mail to the certificate holder within 30 calendar days
of the hearing.

(i) Upon the expiration of the term of suspension, the certificate
holder shall be reinstated by the department and shall be entitled
to resume practice unless it is established to the satisfaction of the
department that the person has practiced as a home health aide in
California during the term of suspension. In this event, the
department shall revoke the person’s certificate.

(j) Upon a determination to deny an application or deny, revoke,
or suspend a certificate, the department shall notify the employer
of the applicant or certificate holder in writing of that
determination, and whether the determination is final, or whether
a hearing is pending relating to this determination. If a licensee or
facility is required to deny employment or terminate employment
of the employee based upon notice from the state that the employee
is determined to be unsuitable for employment under this section,
the licensee or facility shall not incur criminal, civil, unemployment
insurance, workers’ compensation, or administrative liability as a
result of that denial or termination.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 186.2 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

186.2.  

For purposes of this chapter, the following definitions
apply:

(a) “Criminal profiteering activity” means any act committed
or attempted or any threat made for financial gain or advantage,
which act or threat may be charged as a crime under any of the
following sections:

(1) Arson, as defined in Section 451.

(2) Bribery, as defined in Sections 67, 67.5, and 68.

(3) Child pornography or exploitation, as defined in subdivision
(b) of Section 311.2, or Section 311.3 or 311.4, which may be
prosecuted as a felony.

(4) Felonious assault, as defined in Section 245.

(5) Embezzlement, as defined in Sections 424 and 503.

(6) Extortion, as defined in Section 518.

(7) Forgery, as defined in Section 470.

(8) Gambling, as defined in Sections 337a to 337f, inclusive,
and Section 337i, except the activities of a person who participates
solely as an individual bettor.

(9) Kidnapping, as defined in Section 207.

(10) Mayhem, as defined in Section 203.

(11) Murder, as defined in Section 187.

(12) Pimping and pandering, as defined in Section 266.

(13) Receiving stolen property, as defined in Section 496.

(14) Robbery, as defined in Section 211.

(15) Solicitation of crimes, as defined in Section 653f.

(16) Grand theft, as defined in Section 487 begin insert or subdivision (a)
of Section 487a end insert .

(17) Trafficking in controlled substances, as defined in Sections
11351, 11352, and 11353 of the Health and Safety Code.

(18) Violation of the laws governing corporate securities, as
defined in Section 25541 of the Corporations Code.

(19) Any of the offenses contained in Chapter 7.5 (commencing
with Section 311) of Title 9, relating to obscene matter, or in
Chapter 7.6 (commencing with Section 313) of Title 9, relating to
harmful matter that may be prosecuted as a felony.

(20) Presentation of a false or fraudulent claim, as defined in
Section 550.

(21) False or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code.

(22) Money laundering, as defined in Section 186.10.

(23) Offenses relating to the counterfeit of a registered mark,
as specified in Section 350.

(24) Offenses relating to the unauthorized access to computers,
computer systems, and computer data, as specified in Section 502.

(25) Conspiracy to commit any of the crimes listed above, as
defined in Section 182.

(26) Subdivision (a) of Section 186.22, or a felony subject to
enhancement as specified in subdivision (b) of Section 186.22.

(27) Any offenses related to fraud or theft against the state’s
beverage container recycling program, including, but not limited
to, those offenses specified in this subdivision and those criminal
offenses specified in the California Beverage Container Recycling
and Litter Reduction Act, commencing at Section 14500 of the
Public Resources Code.

(28) Human trafficking, as defined in Section 236.1.

(29) Any crime in which the perpetrator induces, encourages,
or persuades a person under 18 years of age to engage in a
commercial sex act. For purposes of this paragraph, a commercial
sex act means any sexual conduct on account of which anything
of value is given or received by any person.

(30) Any crime in which the perpetrator, through force, fear,
coercion, deceit, violence, duress, menace, or threat of unlawful
injury to the victim or to another person, causes a person under 18
years of age to engage in a commercial sex act. For purposes of
this paragraph, a commercial sex act means any sexual conduct
on account of which anything of value is given or received by any
person.

(31) Theft of personal identifying information, as defined in
Section 530.5.

(32) Offenses involving the theft of a motor vehicle, as specified
in Section 10851 of the Vehicle Code.

(33) Abduction or procurement by fraudulent inducement for
prostitution, as defined in Section 266a.

(b) (1) “Pattern of criminal profiteering activity” means
engaging in at least two incidents of criminal profiteering, as
defined by this chapter, that meet the following requirements:

(A) Have the same or a similar purpose, result, principals,
victims, or methods of commission, or are otherwise interrelated
by distinguishing characteristics.

(B) Are not isolated events.

(C) Were committed as a criminal activity of organized crime.

(2) Acts that would constitute a “pattern of criminal profiteering
activity” may not be used by a prosecuting agency to seek the
remedies provided by this chapter unless the underlying offense
occurred after the effective date of this chapter and the prior act
occurred within 10 years, excluding any period of imprisonment,
of the commission of the underlying offense. A prior act may not
be used by a prosecuting agency to seek remedies provided by this
chapter if a prosecution for that act resulted in an acquittal.

(c) “Prosecuting agency” means the Attorney General or the
district attorney of any county.

(d) “Organized crime” means crime that is of a conspiratorial
nature and that is either of an organized nature and seeks to supply
illegal goods and services such as narcotics, prostitution,
loan-sharking, gambling, and pornography, or that, through
planning and coordination of individual efforts, seeks to conduct
the illegal activities of arson for profit, hijacking, insurance fraud,
smuggling, operating vehicle theft rings, fraud against the beverage
container recycling program, or systematically encumbering the
assets of a business for the purpose of defrauding creditors.
“Organized crime” also means crime committed by a criminal
street gang, as defined in subdivision (f) of Section 186.22.
“Organized crime” also means false or fraudulent activities,
schemes, or artifices, as described in Section 14107 of the Welfare
and Institutions Code, and the theft of personal identifying
information, as defined in Section 530.5.

(e) “Underlying offense” means an offense enumerated in
subdivision (a) for which the defendant is being prosecuted.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 463 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

463.  

(a) Every person who violates Section 459, punishable
as a second-degree burglary pursuant to subdivision (b) of Section
461, during and within an affected county in a “state of emergency”
or a “local emergency” resulting from an earthquake, fire, flood,
riot, or other natural or manmade disaster shall be guilty of the
crime of looting, punishable by imprisonment in a county jail for
one year or pursuant to subdivision (h) of Section 1170. Any person
convicted under this subdivision who is eligible for probation and
who is granted probation shall, as a condition thereof, be confined
in a county jail for at least 180 days, except that the court may, in
the case where the interest of justice would best be served, reduce
or eliminate that mandatory jail sentence, if the court specifies on
the record and enters into the minutes the circumstances indicating
that the interest of justice would best be served by that disposition.
In addition to whatever custody is ordered, the court, in its
discretion, may require any person granted probation following
conviction under this subdivision to serve up to 240 hours of
community service in any program deemed appropriate by the
court, including any program created to rebuild the community.

For purposes of this section, the fact that the structure entered
has been damaged by the earthquake, fire, flood, or other natural
or manmade disaster shall not, in and of itself, preclude conviction.

(b) Every person who commits the crime of grand theft, as
defined in Section 487 begin insert or subdivision (a) of Section 487a end insert , except
grand theft of a firearm, during and within an affected county in
a “state of emergency” or a “local emergency” resulting from an
earthquake, fire, flood, riot, or other natural or unnatural disaster
shall be guilty of the crime of looting, punishable by imprisonment
in a county jail for one year or pursuant to subdivision (h) of
Section 1170. Every person who commits the crime of grand theft
of a firearm, as defined in Section 487, during and within an
affected county in a “state of emergency” or a “local emergency”
resulting from an earthquake, fire, flood, riot, or other natural or
unnatural disaster shall be guilty of the crime of looting, punishable
by imprisonment in the state prison, as set forth in subdivision (a)
of Section 489. Any person convicted under this subdivision who
is eligible for probation and who is granted probation shall, as a
condition thereof, be confined in a county jail for at least 180 days,
except that the court may, in the case where the interest of justice
would best be served, reduce or eliminate that mandatory jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this
subdivision to serve up to 160 hours of community service in any
program deemed appropriate by the court, including any program
created to rebuild the community.

(c) Every person who commits the crime of petty theft, as
defined in Section 488, during and within an affected county in a
“state of emergency” or a “local emergency” resulting from an
earthquake, fire, flood, riot, or other natural or manmade disaster
shall be guilty of a misdemeanor, punishable by imprisonment in
a county jail for six months. Any person convicted under this
subdivision who is eligible for probation and who is granted
probation shall, as a condition thereof, be confined in a county jail
for at least 90 days, except that the court may, in the case where
the interest of justice would best be served, reduce or eliminate
that mandatory minimum jail sentence, if the court specifies on
the record and enters into the minutes the circumstances indicating
that the interest of justice would best be served by that disposition.
In addition to whatever custody is ordered, the court, in its
discretion, may require any person granted probation following
conviction under this subdivision to serve up to 80 hours of
community service in any program deemed appropriate by the
court, including any program created to rebuild the community.

(d) (1) For purposes of this section, “state of emergency” means
conditions which, by reason of their magnitude, are, or are likely
to be, beyond the control of the services, personnel, equipment,
and facilities of any single county, city and county, or city and
require the combined forces of a mutual aid region or regions to
combat.

(2) For purposes of this section, “local emergency” means
conditions which, by reason of their magnitude, are, or are likely
to be, beyond the control of the services, personnel, equipment,
and facilities of any single county, city and county, or city and
require the combined forces of a mutual aid region or regions to
combat.

(3) For purposes of this section, a “state of emergency” shall
exist from the time of the proclamation of the condition of the
emergency until terminated pursuant to Section 8629 of the
Government Code. For purposes of this section only, a “local
emergency” shall exist from the time of the proclamation of the
condition of the emergency by the local governing body until
terminated pursuant to Section 8630 of the Government Code.

(4) Consensual entry into a commercial structure with the intent
to commit a violation of Section 470, 476, 476a, 484f, or 484g of
the Penal Code, shall not be charged as a violation under this
section.

begin delete SECTION 1. end delete
begin insert SEC. 7. end insert   

Section 487 of the Penal Code is amended to read:

487.  

Grand theft is theft committed in any of the following
cases:

(a) When the money, labor, or real or personal property taken
is of a value exceeding nine hundred fifty dollars ($950), except
as provided in subdivision (b).

(b) Notwithstanding subdivision (a), grand theft is committed
in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or
deciduous fruits, other fruits, vegetables, nuts, artichokes, or other
farm crops are taken of a value exceeding two hundred fifty dollars
($250).

(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value
may be shown by the presentation of credible evidence which
establishes that on the day of the theft domestic fowls, avocados,
olives, citrus or deciduous fruits, other fruits, vegetables, nuts,
artichokes, or other farm crops of the same variety and weight
exceeded two hundred fifty dollars ($250) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or
research operation which is producing that product, of a value
exceeding two hundred fifty dollars ($250).

(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more
in any 12 consecutive month period.

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

begin delete

(1) A horse, mare, gelding, any bovine animal, any caprine
animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow,
or pig.

end delete begin delete

(2)

end delete

begin insert (1) end insert  An automobile.

begin delete

(3)

end delete

begin insert (2) end insert  A firearm.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 487a of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

487a.  

(a)  begin insert Every person who feloniously steals, takes, carries,
leads, or drives away any horse, mare, gelding, any bovine animal,
any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar,
gilt, barrow, or pig, which is the personal property of another, or
who fraudulently appropriates that same property which has been
entrusted to him or her, or who knowingly and designedly, by any
false or fraudulent representation or pretense, defrauds any other
person of that same property, or who causes or procures others
to report falsely of his or her wealth or mercantile character and
by thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of that same property, is
guilty of grand theft. end insert

begin insert (b) end insert  Every person who shall feloniously steal, take, transport or
carry the carcass of any bovine, caprine, equine, ovine, or suine
animal or of any mule, jack or jenny, which is the personal property
of another, or who shall fraudulently appropriate such property
which has been entrusted to him, is guilty of grand theft.

begin delete

(b)

end delete

begin insert (c) end insert  Every person who shall feloniously steal, take, transport, or
carry any portion of the carcass of any bovine, caprine, equine,
ovine, or suine animal or of any mule, jack, or jenny, which has
been killed without the consent of the owner thereof, is guilty of
grand theft.

begin delete SEC. 2. end delete
begin insert SEC. 9. end insert   

Section 489 of the Penal Code is amended to read:

489.  

Grand theft is punishable as follows:

(a) If the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, begin delete two, end delete begin insert or two end insert or
three years.

(b) If the grand theft involves a violation of begin delete paragraph (1) of
subdivision (d) of Section 487 or end delete Section 487a, by imprisonment
in a county jail not exceeding one year or pursuant to subdivision
(h) of Section 1170, or by a fine not exceeding five thousand
dollars ($5,000), or by both that fine and imprisonment. The
proceeds of this fine shall be allocated to the Bureau of Livestock
Identification to be used, upon appropriation by the Legislature,
for purposes relating to the investigation of cases involving grand
theft of any animal or animals begin delete specified in paragraph (1) of
subdivision (d) of Section 487 end delete , or of the carcass or carcasses of,
or any portion of the carcass or carcasses of, any animal specified
in Section 487a.

(c) In all other cases, by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 1202.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1202.5.  

(a) In any case in which a defendant is convicted of
any of the offenses enumerated in Section 211, 215, 459, 470, 484,
487, begin insert subdivision (a) of Section 487a, or Section end insert 488, or 594, the
court shall order the defendant to pay a fine of ten dollars ($10)
in addition to any other penalty or fine imposed. If the court
determines that the defendant has the ability to pay all or part of
the fine, the court shall set the amount to be reimbursed and order
the defendant to pay that sum to the county in the manner in which
the court believes reasonable and compatible with the defendant’s
financial ability. In making a determination of whether a defendant
has the ability to pay, the court shall take into account the amount
of any other fine imposed upon the defendant and any amount the
defendant has been ordered to pay in restitution.

(b) (1) All fines collected pursuant to this section shall be held
in trust by the county collecting them, until transferred to the local
law enforcement agency to be used exclusively for the jurisdiction
where the offense took place. All moneys collected shall
implement, support, and continue local crime prevention programs.

(2) All amounts collected pursuant to this section shall be in
addition to, and shall not supplant funds received for crime
prevention purposes from other sources.

(c) As used in this section, “law enforcement agency” includes,
but is not limited to, police departments, sheriffs departments, and
probation departments.