Amended in Assembly January 4, 2016

Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 595


Introduced by Assembly Member Alejo

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(Principal coauthor: Assembly Member Dodd)

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(Coauthors: Assembly Members Dababneh and Cristina Garcia)

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(Coauthor: Senator Bates)

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February 24, 2015


begin deleteAn act to amend Section 3077 of, to add Sections 3090.1 and 3109.1 to, to repeal Section 2556 of, and to repeal and add Sections 655 and 2555 of, the Business and Professions Code, relating to healing arts. end deletebegin insertAn act to amend, repeal, and add Sections 186.2 and 186.4 of the Penal Code, relating to forfeiture.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 595, as amended, Alejo. begin deleteRegistered dispensing opticians: optometrists: practices. end deletebegin insertForfeiture.end insert

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Existing law subjects property acquired through or as proceeds of criminal profiteering activity to forfeiture. Existing law defines criminal profiteering activity as any specified acts or threats made for financial gain or advantage. Existing law requires a prosecuting agency to file a petition of forfeiture in conjunction with the criminal proceeding for the underlying offense.

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This bill would allow the prosecuting agency to file a petition of forfeiture prior to the commencement of the underlying criminal proceeding if the value of the assets seized exceeds $100,000, there is a substantial probability that the prosecuting agency will file a criminal complaint, there is a substantial probability the prosecuting agency will prevail on the issue of forfeiture and failure to enter the order will result in the property being destroyed or otherwise removed from the jurisdiction of the court, the need to preserve the property outweighs the hardship on any party against whom the order is entered, and there is a substantial probability that the assets subject to forfeiture represent direct or indirect proceeds of criminal activity committed for the benefit of, at the direction of, or in association with, a transnational criminal organization, as defined. The bill would allow a person claiming an interest in the property or proceeds to move for return of the property on the grounds there is not probable cause to believe that the property is subject to forfeiture, and if the prosecuting agency does not establish substantial probability that the property is subject to forfeiture the court would be required to order the seized property returned. The bill would require the Attorney General, on or before January 1, 2019, to report to the Governor and specified committees on the use of these proceedings. The bill would provide for the repeal of these changes on January 1, 2020.

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(1) The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the State Board of Optometry, and makes a violation of the act a crime. Existing law requires individuals, corporations, and firms engaged in the business of filling prescriptions of physicians and surgeons and optometrists for prescription lenses and kindred products to register with the Division of Licensing of the Medical Board of California as a registered dispensing optician, and makes a violation of the provisions governing registered dispensing opticians a crime.

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(2) Existing law prohibits a licensed optometrist from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement, in any form, whether directly or indirectly, with any person licensed as a registered dispensing optician, and prohibits a registered dispensing optician from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement in any form directly or indirectly with a licensed optometrist. Existing law also prohibits a licensed optometrist from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement in any form, directly or indirectly, either by stock ownership, interlocking directors, trusteeship, mortgage, trust deed, or otherwise with any person who is engaged in the manufacture, sale, or distribution to physicians and surgeons, optometrists, or dispensing opticians of lenses, frames, optical supplies, optometric appliances or devices or kindred products. Under existing law, a violation of the above provisions by a licensed optometrist and any person, whether or not licensed, who participates with a licensed optometrist in violating those provisions constitutes a misdemeanor.

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This bill would delete those provisions. The bill instead would prohibit a licensed registered dispensing optician or a manufacturer or distributor of optical goods that is renting or leasing office space to or from, sharing office space with, or receiving space from an optometrist from engaging in conduct that would influence or interfere with the clinical decisions, as defined, of that optometrist, as specified. The bill would prohibit an optometrist that is using or sharing office space with a registered dispensing optician from giving or receiving, among other things, a fee or thing of material value, to or from any person in return for referral of patients or to secure patients. The bill would make a violation of these provisions punishable as a misdemeanor.

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(3) Existing law permits a certificate of a registered dispensing optician to be suspended, revoked, or subjected to probation for violation of regulations or laws, as specified, or for incompetence, gross negligence, or repeated similar negligent acts by the registrant or an employee, as provided.

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This bill would delete those provisions. The bill similarly would permit a certificate of a registered dispensing optician to be suspended, revoked, or subjected to probation for violation of regulations or laws, as specified, or for incompetence, gross negligence, or repeated negligent acts by the registrant or an employee, as provided, and additionally would permit the certificate to be suspended, revoked, or subjected to probation for unprofessional conduct, which includes repeated interference with the optometrist’s clinical judgment or compliance with prevailing clinical standards. The bill authorizes assessment of administrative fines for violation of specified provisions of law and requires registered dispensing opticians to cooperate with investigations into a complaint or alleged violation of law.

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(4) Under existing law, it is unlawful for a registered dispensing optician to advertise the furnishing of, or to furnish, the services of a refractionist, an optometrist, or a physician and surgeon; to directly or indirectly employ or maintain on or near the premises used for optical dispensing a refractionist, an optometrist, a physician and surgeon, or a practitioner of any other profession for the purpose of any examination or treatment of the eyes; or to duplicate or change lenses without a prescription or order from a person duly licensed to issue the same.

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This bill would delete those prohibitions.

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(5) The Optometry Practice Act prohibits a person from having an office for the practice of optometry unless he or she is licensed to practice optometry, and requires an optometrist that has more than one office to comply with certain provisions of the act, including, among others, that an optometrist obtain a branch office license for any additional office. The act prohibits more than one branch office license from being issued to an optometrist or any 2 or more optometrists, jointly. The act requires an optometrist that had a branch office prior to January 1, 1957, and who wants to continue that branch office on or after that date to notify the board, as specified.

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The bill would delete the prohibition of an optometrist or 2 or more optometrists, jointly, from having more than one branch office, and would delete the requirement that an optometrist that had a branch office prior to January 1, 1957, and who wants to continue that branch office to notify the board. The bill would prohibit a person from having any proprietary interest in an office for the practice of optometry unless he or she is licensed to practice optometry. The bill would specify that a branch office is any additional office that is not the principal place of business of an optometrist, as specified.

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(6) The Optometry Practice Act prohibits an optometrist from directly or indirectly accepting employment from any person not having a valid, unrevoked license as an optometrist, except that the act authorizes an optometrist to be employed by a physician and surgeon who practices in the specialty of ophthalmology or by a health care service plan.

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This bill would require an optometrist to report to the State Board of Optometry any action or circumstance that the optometrist reasonably and in good faith believes is an attempt by a registered dispensing optician, or an employee or agent thereof, to interfere with the optometrist’s independent clinical judgment or compliance with prevailing clinical standards. The bill would require the State Board of Optometry to report these complaints to the Division of Licensing of the Medical Board of California.

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(7) The bill also would require the State Board of Optometry to receive any complaint made to a state board or department related to care provided to a patient by a licensed optometrist.

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(8) A violation of the optometry laws and the law governing registered dispensing opticians is a crime. Therefore, by expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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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.

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

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P5    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 186.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

186.2.  

For purposes of this chapter, the following definitions
4apply:

5(a) “Criminal profiteering activity” means any act committed
6or attempted or any threat made for financial gain or advantage,
7which act or threat may be charged as a crime under any of the
8following sections:

9(1) Arson, as defined in Section 451.

10(2) Bribery, as defined in Sections 67, 67.5, and 68.

11(3) Child pornography or exploitation, as defined in subdivision
12(b) of Section 311.2, or Section 311.3 or 311.4, which may be
13prosecuted as a felony.

14(4) Felonious assault, as defined in Section 245.

15(5) Embezzlement, as defined in Sections 424 and 503.

16(6) Extortion, as defined in Section 518.

17(7) Forgery, as defined in Section 470.

18(8) Gambling, as defined in Sections 337a to 337f, inclusive,
19and Section 337i, except the activities of a person who participates
20solely as an individual bettor.

21(9) Kidnapping, as defined in Section 207.

22(10) Mayhem, as defined in Section 203.

23(11) Murder, as defined in Section 187.

24(12) Pimping and pandering, as defined in Section 266.

25(13) Receiving stolen property, as defined in Section 496.

26(14) Robbery, as defined in Section 211.

27(15) Solicitation of crimes, as defined in Section 653f.

P6    1(16) Grand theft, as defined in Section 487 or subdivision (a)
2of Section 487a.

3(17) Trafficking in controlled substances, as defined in Sections
411351, 11352, and 11353 of the Health and Safety Code.

5(18) Violation of the laws governing corporate securities, as
6defined in Section 25541 of the Corporations Code.

7(19) begin delete Any of the offensesend deletebegin insert Offensesend insert contained in Chapter 7.5
8(commencing with Section 311) of Title 9, relating to obscene
9matter, or in Chapter 7.6 (commencing with Section 313) of Title
109, relating to harmful matter that may be prosecuted as a felony.

11(20) Presentation of a false or fraudulent claim, as defined in
12Section 550.

13(21) False or fraudulent activities, schemes, or artifices, as
14described in Section 14107 of the Welfare and Institutions Code.

15(22) Money laundering, as defined in Section 186.10.

16(23) Offenses relating to the counterfeit of a registered mark,
17as specified in Sectionbegin delete 350.end deletebegin insert 350, or offenses relating to piracy, as
18specified in Section 653w.end insert

19(24) Offenses relating to the unauthorized access to computers,
20computer systems, and computer data, as specified in Section 502.

21(25) Conspiracy to commit any of the crimes listed above, as
22defined in Section 182.

23(26) Subdivision (a) of Section 186.22, or a felony subject to
24enhancement as specified in subdivision (b) of Section 186.22.

25(27) begin delete Any offensesend deletebegin insert Offensesend insert related to fraud or theft against the
26state’s beverage container recycling program, including, but not
27limited to, those offenses specified in this subdivision and those
28criminal offenses specified in the California Beverage Container
29Recycling and Litter Reduction Act, commencing at Section 14500
30of the Public Resources Code.

31(28) Human trafficking, as defined in Section 236.1.

32(29) Any crime in which the perpetrator induces, encourages,
33or persuades a person under 18 years of age to engage in a
34commercial sex act. For purposes of this paragraph, a commercial
35sex act means any sexual conduct on account of which anything
36of value is given or received by any person.

37(30) Any crime in which the perpetrator, through force, fear,
38coercion, deceit, violence, duress, menace, or threat of unlawful
39injury to the victim or to another person, causes a person under 18
40years of age to engage in a commercial sex act. For purposes of
P7    1this paragraph, a commercial sex act means any sexual conduct
2on account of which anything of value is given or received by any
3person.

4(31) Theft of personal identifying information, as defined in
5Section 530.5.

6(32) Offenses involving the theft of a motor vehicle, as specified
7in Section 10851 of the Vehicle Code.

8(33) Abduction or procurement by fraudulent inducement for
9prostitution, as defined in Section 266a.

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10(34) Offenses relating to insurance fraud, as specified in
11Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and
122117 of the Unemployment Insurance Code.

end insert
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13(b) “Organized crime” means crime that is of a conspiratorial
14nature and that is either of an organized nature and seeks to supply
15illegal goods or services such as narcotics, prostitution, pimping
16and pandering, loan-sharking, counterfeiting of a registered mark
17in violation of Section 350, the piracy of a recording or audiovisual
18work in violation of Section 653w, gambling, and pornography,
19or that, through planning and coordination of individual efforts,
20seeks to conduct the illegal activities of arson for profit, hijacking,
21insurance fraud, smuggling, operating vehicle theft rings, fraud
22against the beverage container recycling program, embezzlement,
23securities fraud, insurance fraud in violation of the provisions
24listed in paragraph 34 of subdivision (a), grand theft, money
25laundering, forgery, or systematically encumbering the assets of
26a business for the purpose of defrauding creditors. “Organized
27crime” also means crime committed by a criminal street gang, as
28defined in subdivision (f) of Section 186.22. “Organized crime”
29also means false or fraudulent activities, schemes, or artifices, as
30described in Section 14107 of the Welfare and Institutions Code,
31and the theft of personal identifying information, as defined in
32Section 530.5.

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33(b)

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34begin insert(c)end insert (1) “Pattern of criminal profiteering activity” means
35engaging in at least two incidents of criminal profiteering, as
36defined by this chapter, that meet the following requirements:

37(A) Have the same or a similar purpose, result, principals,
38victims, or methods of commission, or are otherwise interrelated
39by distinguishing characteristics.

40(B) Are not isolated events.

P8    1(C) Were committed as a criminal activity of organized crime.

2(2) Acts that would constitute a “pattern of criminal profiteering
3activity” may not be used by a prosecuting agency to seek the
4remedies provided by this chapter unless the underlying offense
5occurred after the effective date of this chapter and the prior act
6occurred within 10 years, excluding any period of imprisonment,
7of the commission of the underlying offense. A prior act may not
8be used by a prosecuting agency to seek remedies provided by this
9chapter if a prosecution for that act resulted in an acquittal.

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10(c)

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11begin insert(d)end insert “Prosecuting agency” means the Attorney General or the
12district attorney of any county.

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13(d)

end delete

14begin insert(e)end insertbegin delete “Organized crime”end deletebegin insert “Transnational criminal organization”end insert
15 meansbegin delete crime that is of a conspiratorial nature and that is either ofend delete
16 anbegin delete organized nature and seeks to supply illegal goods and services
17such as narcotics, prostitution, loan-sharking, gambling, and
18pornography,end delete
begin insert ongoing organization, group,end insert orbegin delete that, through
19planning and coordination of individual efforts, seeks to conduct
20the illegal activitiesend delete
begin insert association having leaders, associates,
21operations, or activities in more than one country, with oneend insert
of
22begin delete arson for profit, hijacking, insurance fraud, smuggling, operating
23vehicle theft rings, fraud againstend delete
begin insert its primary activities beingend insert the
24begin delete beverage container recycling program, or systematically
25encumbering the assetsend delete
begin insert commissionend insert ofbegin delete a business for the purposeend delete
26begin insert one or moreend insert ofbegin delete defrauding creditors. “Organized crime” also means
27crime committed by a criminal street gang, as defined inend delete
begin insert the
28criminal acts enumerated in paragraphs (1) to (25), inclusive, or
29(31) to (33), inclusive, ofend insert
subdivisionbegin delete (f)end deletebegin insert(e)end insert of Section 186.22.
30begin delete “Organized crime” also means false or fraudulent activities,
31schemes, or artifices, as described in Section 14107 of the Welfare
32and Institutions Code, and the theft of personal identifying
33information, as defined in Section 530.5.end delete

begin delete

34(e)

end delete

35begin insert(f)end insert “Underlying offense” means an offense enumerated in
36subdivision (a) for which the defendant is being prosecuted.

begin insert

37(g) This section shall remain in effect only until January 1, 2020,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2020, deletes or extends that date.

end insert
40begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 186.2 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
P9    1

begin insert186.2.end insert  

For purposes of this chapter, the following definitions
2apply:

3(a) “Criminal profiteering activity” means any act committed
4or attempted or any threat made for financial gain or advantage,
5which act or threat may be charged as a crime under any of the
6following sections:

7(1) Arson, as defined in Section 451.

8(2) Bribery, as defined in Sections 67, 67.5, and 68.

9(3) Child pornography or exploitation, as defined in subdivision
10(b) of Section 311.2, or Section 311.3 or 311.4, which may be
11prosecuted as a felony.

12(4) Felonious assault, as defined in Section 245.

13(5) Embezzlement, as defined in Sections 424 and 503.

14(6) Extortion, as defined in Section 518.

15(7) Forgery, as defined in Section 470.

16(8) Gambling, as defined in Sections 337a to 337f, inclusive,
17and Section 337i, except the activities of a person who participates
18solely as an individual bettor.

19(9) Kidnapping, as defined in Section 207.

20(10) Mayhem, as defined in Section 203.

21(11) Murder, as defined in Section 187.

22(12) Pimping and pandering, as defined in Section 266.

23(13) Receiving stolen property, as defined in Section 496.

24(14) Robbery, as defined in Section 211.

25(15) Solicitation of crimes, as defined in Section 653f.

26(16) Grand theft, as defined in Section 487 or subdivision (a)
27of Section 487a.

28(17) Trafficking in controlled substances, as defined in Sections
2911351, 11352, and 11353 of the Health and Safety Code.

30(18) Violation of the laws governing corporate securities, as
31defined in Section 25541 of the Corporations Code.

32(19) Offenses contained in Chapter 7.5 (commencing with
33 Section 311) of Title 9, relating to obscene matter, or in Chapter
347.6 (commencing with Section 313) of Title 9, relating to harmful
35matter that may be prosecuted as a felony.

36(20) Presentation of a false or fraudulent claim, as defined in
37Section 550.

38(21) False or fraudulent activities, schemes, or artifices, as
39described in Section 14107 of the Welfare and Institutions Code.

40(22) Money laundering, as defined in Section 186.10.

P10   1(23) Offenses relating to the counterfeit of a registered mark,
2as specified in Section 350, or offenses relating to piracy, as
3specified in Section 653w.

4(24) Offenses relating to the unauthorized access to computers,
5computer systems, and computer data, as specified in Section 502.

6(25) Conspiracy to commit any of the crimes listed above, as
7defined in Section 182.

8(26) Subdivision (a) of Section 186.22, or a felony subject to
9enhancement as specified in subdivision (b) of Section 186.22.

10(27) Offenses related to fraud or theft against the state’s
11beverage container recycling program, including, but not limited
12to, those offenses specified in this subdivision and those criminal
13offenses specified in the California Beverage Container Recycling
14and Litter Reduction Act, commencing at Section 14500 of the
15Public Resources Code.

16(28) Human trafficking, as defined in Section 236.1.

17(29) Any crime in which the perpetrator induces, encourages,
18or persuades a person under 18 years of age to engage in a
19commercial sex act. For purposes of this paragraph, a commercial
20sex act means any sexual conduct on account of which anything
21of value is given or received by any person.

22(30) Any crime in which the perpetrator, through force, fear,
23coercion, deceit, violence, duress, menace, or threat of unlawful
24injury to the victim or to another person, causes a person under
2518 years of age to engage in a commercial sex act. For purposes
26of this paragraph, a commercial sex act means any sexual conduct
27on account of which anything of value is given or received by any
28person.

29(31) Theft of personal identifying information, as defined in
30Section 530.5.

31(32) Offenses involving the theft of a motor vehicle, as specified
32in Section 10851 of the Vehicle Code.

33(33) Abduction or procurement by fraudulent inducement for
34prostitution, as defined in Section 266a.

35(34) Offenses relating to insurance fraud, as specified in
36Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and
372117 of the Unemployment Insurance Code.

38(b) (1) “Pattern of criminal profiteering activity” means
39engaging in at least two incidents of criminal profiteering, as
40defined by this chapter, that meet the following requirements:

P11   1(A) Have the same or a similar purpose, result, principals,
2victims, or methods of commission, or are otherwise interrelated
3by distinguishing characteristics.

4(B) Are not isolated events.

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

6(2) Acts that would constitute a “pattern of criminal profiteering
7activity” may not be used by a prosecuting agency to seek the
8remedies provided by this chapter unless the underlying offense
9occurred after the effective date of this chapter and the prior act
10occurred within 10 years, excluding any period of imprisonment,
11of the commission of the underlying offense. A prior act may not
12be used by a prosecuting agency to seek remedies provided by this
13chapter if a prosecution for that act resulted in an acquittal.

14(c) “Prosecuting agency” means the Attorney General or the
15district attorney of any county.

16(d) “Organized crime” means crime that is of a conspiratorial
17nature and that is either of an organized nature and seeks to supply
18illegal goods or services such as narcotics, prostitution, pimping
19and pandering, loan-sharking, counterfeiting of a registered mark
20in violation of Section 350, the piracy of a recording or audiovisual
21work in violation of Section 653w, gambling, and pornography,
22or that, through planning and coordination of individual efforts,
23seeks to conduct the illegal activities of arson for profit, hijacking,
24insurance fraud, smuggling, operating vehicle theft rings, fraud
25against the beverage container recycling program, embezzlement,
26securities fraud, insurance fraud in violation of the provisions
27listed in paragraph 34 of subdivision (a), grand theft, money
28laundering, forgery, or systematically encumbering the assets of
29a business for the purpose of defrauding creditors. “Organized
30crime” also means crime committed by a criminal street gang, as
31defined in subdivision (f) of Section 186.22. “Organized crime”
32also means false or fraudulent activities, schemes, or artifices, as
33 described in Section 14107 of the Welfare and Institutions Code,
34and the theft of personal identifying information, as defined in
35Section 530.5.

36(e) “Underlying offense” means an offense enumerated in
37subdivision (a) for which the defendant is being prosecuted.

38(f) This section shall become operative on January 1, 2020.

end insert
39begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 186.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P12   1

186.4.  

begin insert

(a) (1) The prosecuting agency shall, in conjunction
2with the criminal proceeding, file a petition of forfeiture with the
3superior court of the county in which the defendant has been
4charged with the underlying criminal offense, which shall allege
5that the defendant has engaged in a pattern of criminal profiteering
6activity, including the acts or threats chargeable as crimes and
7the property forfeitable pursuant to Section 186.3.

end insert
begin insert

8(2) The prosecuting agency may, prior to the commencement
9of a criminal proceeding, file a petition of forfeiture with the
10superior court of the county in which the defendant is being
11investigated, which shall allege that the defendant has engaged in
12a pattern of criminal profiteering activity, including the acts or
13threats chargeable as crimes and the property forfeitable pursuant
14to Section 186.3, provided the court determines that:

end insert
begin insert

15(A) The value of the assets to be seized exceeds one hundred
16thousand dollars ($100,000).

end insert
begin insert

17(B) There is a substantial probability that the prosecuting
18agency will file a criminal complaint or seek a grand jury
19indictment against the defendant.

end insert
begin insert

20(C) There is a substantial probability that the prosecuting
21agency will prevail on the issue of forfeiture and that failure to
22enter the order will result in the property being destroyed, removed
23from the jurisdiction of the court, or otherwise made unavailable
24for forfeiture.

end insert
begin insert

25(D) The need to preserve the availability of the property through
26the entry of the requested order outweighs the hardship on any
27party against whom the order is to be entered.

end insert
begin insert

28(E) There is a substantial probability that the assets subject to
29forfeiture represent direct or indirect proceeds of criminal activity
30committed for the benefit of, at the direction of, or in association
31with, a transnational criminal organization, as defined in Section
32186.2.

end insert
begin delete

33(a)

end delete

34begin insert(b)end insert The prosecuting agencybegin delete shall, in conjunction with the
35criminal proceeding, file a petition of forfeiture with the superior
36court of the county in which the defendant has been charged with
37the underlying criminal offense, whichend delete
shallbegin delete allege that the
38defendant has engaged in a pattern of criminal profiteering activity,
39including the acts or threats chargeable as crimes and the property
40forfeitable pursuant to Section 186.3. The prosecuting agency shallend delete

P13   1 make service of process of a notice regarding that petition upon
2every individual who may have a property interest in the alleged
3proceeds, which notice shall state that any interested party may
4file a verified claim with the superior court stating the amount of
5their claimed interest and an affirmation or denial of the
6prosecuting agency’s allegation. If the notices cannot be given by
7registered mail or personal delivery, the notices shall be published
8for at least three successive weeks in a newspaper of general
9circulation in the county where the property is located. If the
10property alleged to be subject to forfeiture is real property, the
11prosecuting agency shall, at the time of filing the petition of
12forfeiture, record a lis pendens in each county in which the real
13property is situated which specifically identifies the real property
14alleged to be subject to forfeiture. The judgment of forfeiture shall
15not affect the interest in real property of any third party which was
16acquired prior to the recording of the lis pendens.

begin insert

17(c) (1) If a forfeiture petition is filed pursuant to paragraph (2)
18of subdivision (a), prior to the filing of the complaint in a criminal
19action, a person claiming an interest in the property or proceeds
20may move for the return of the property on the grounds that there
21is not probable cause to believe the property is forfeitable pursuant
22to Section 186.3 and is not automatically subject to a court order
23of forfeiture or destruction by another provision of this chapter.
24The motion may be made prior to, during, or subsequent to, the
25filing of criminal charges or a grand jury indictment. If the
26prosecuting agency does not establish a substantial probability
27that the property is subject to forfeiture, the court shall order the
28seized property released to the person it determines is entitled to
29the property.

end insert
begin insert

30(2) If a claimant’s motion filed pursuant to paragraph (1) is
31granted, the people may, within 15 days, file a petition for a writ
32of mandate or prohibition seeking appellate review of the ruling.

end insert
begin insert

33(d) If a forfeiture petition is filed pursuant to paragraph (2) of
34subdivision (a), prior to the filing of the complaint in a criminal
35action, the motion and any injunctive order shall be dismissed if
36a criminal complaint or grand jury indictment is not filed within
3730 days of the grant of the motion. If a forfeiture petition is
38dismissed pursuant to this subdivision, the motion shall not be
39refiled, except upon the filing of a criminal complaint.

end insert
begin delete

40(b)

end delete

P14   1begin insert(e)end insert All notices shall set forth the time within which a claim of
2interest in the property seized is required to be filed pursuant to
3Section 186.5.

begin insert

4(f) On or before January 1, 2019, the Attorney General shall
5report to the Senate Committee on Public Safety, the Assembly
6Committee on Public Safety, and the Governor. The report shall
7include, but not be limited to, the following information regarding
8petitions filed pursuant to paragraph (2) of subdivision (a) between
9January 1, 2017, and January 1, 2019:

end insert
begin insert

10(1) The number of cases in which the process authorized by
11paragraph (2) of subdivision (a) has been used.

end insert
begin insert

12(2) The value and kinds of property seized in each case.

end insert
begin insert

13(3) The criminal charges filed, if any, in conjunction with each
14forfeiture action.

end insert
begin insert

15(4) The number of cases in which related charges were not filed.

end insert
begin insert

16(5) The number of cases in which property was returned because
17charges were not filed.

end insert
begin insert

18(6) The length of time between dismissal, if any, of the forfeiture
19petition and the return of the property pursuant to subdivision (d)
20in each case.

end insert
begin insert

21(7) The number of cases in which property was returned
22pursuant to a motion filed under paragraph (1) of subdivision (c).

end insert
begin insert

23(g) This section shall remain in effect only until January 1, 2020,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2020, deletes or extends that date.

end insert
26begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 186.4 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
27

begin insert186.4.end insert  

(a) The prosecuting agency shall, in conjunction with
28the criminal proceeding, file a petition of forfeiture with the
29superior court of the county in which the defendant has been
30charged with the underlying criminal offense, which shall allege
31that the defendant has engaged in a pattern of criminal profiteering
32activity, including the acts or threats chargeable as crimes and
33the property forfeitable pursuant to Section 186.3.

34(b) The prosecuting agency shall make service of process of a
35notice regarding that petition upon every individual who may have
36a property interest in the alleged proceeds, which notice shall state
37that any interested party may file a verified claim with the superior
38court stating the amount of their claimed interest and an
39affirmation or denial of the prosecuting agency’s allegation. If the
40notices cannot be given by registered mail or personal delivery,
P15   1the notices shall be published for at least three successive weeks
2in a newspaper of general circulation in the county where the
3property is located. If the property alleged to be subject to
4forfeiture is real property, the prosecuting agency shall, at the
5time of filing the petition of forfeiture, record a lis pendens in each
6county in which the real property is situated which specifically
7identifies the real property alleged to be subject to forfeiture. The
8judgment of forfeiture shall not affect the interest in real property
9of any third party which was acquired prior to the recording of
10the lis pendens.

11(c) All notices shall set forth the time within which a claim of
12interest in the property seized is required to be filed pursuant to
13Section 186.5.

14(d) This section shall become operative on January 1, 2020.

end insert
begin delete
15

SECTION 1.  

Section 655 of the Business and Professions Code
16 is repealed.

17

SEC. 2.  

Section 655 is added to the Business and Professions
18Code
, to read:

19

655.  

(a) A person registered under Chapter 5.5 (commencing
20with Section 2550), (registered dispensing optician), a person who
21is engaged in the manufacture, sale or distribution to physicians
22and surgeons, optometrists, or dispensing opticians of lenses,
23frames, optical supplies, optometric appliances or devices or
24kindred products that is renting or leasing office space, directly or
25through an intermediary, to or from or otherwise using or sharing
26office space with, or receiving space from, any person licensed
27under Chapter 7 (commencing with Section 3000), (optometrist),
28shall not engage in conduct that would influence or interfere with
29the clinical decisions of that optometrist including, but not limited
30to, the following:

31(1) Setting quotas for the number of exams or limiting the
32amount of time that an optometrist can spend with an individual
33patient.

34(2) Holding an optometrist responsible for the sale of, or
35requiring that person to sell, the eyewear of a registered dispensing
36optician.

37(3) Providing compensation to an optometrist for the sale of the
38eyewear of a registered dispensing optician.

P16   1(b) The optometrist’s clinical decisions means the judgment
2necessary to perform or control any acts as set forth in Section
33041.

4(c) An optometrist that is renting or leasing space to or from or
5otherwise using or sharing office space with any registered
6dispensing optician shall not give or receive a fee, salary,
7commission, or thing of material value, in any manner or under
8any pretext, to or from any person, firm, or corporation for either
9of the following:

10(1) In return for the referral of optometric patients.

11(2) In order to secure optometric patients.

12(d) In connection with the transactions described in (a), all of
13the following shall be met:

14(1) Registered dispensing opticians shall ensure signs and
15displays concerning the optometrist’s office shall have the name
16of the doctor or doctors of optometry and the nature of the
17relationship between the registered dispensing optician and the
18optometrist.

19(2) The optometrist’s office shall have a separate telephone
20listing and number from that of the registered dispensing optician,
21but may be accessible from a general number that the public
22associates with the premises.

23(3) Registered dispensing opticians shall not:

24(A) Constrain the optometrist in scheduling patients, the fees
25charged for optometric services, the amount of time spent with a
26patient, or the number of patients to be seen in a particular time
27period. The optometrist may contract to provide or arrange for the
28provision of optometric services during agreed-upon hours and
29days.

30(B) Limit the optometrist’s participation in managed care or
31insurance plans.

32(C) Have an interest in the optometrist’s patient records, to
33which the optometrist shall have 24-hour access, including physical
34access or electronic access.

35(D) Advertise that it performs eye examinations or other
36optometric services that it is not permitted to lawfully perform
37under state law.

38(4) The parties shall execute a written agreement, with
39commercially reasonable terms, providing that rent payments are
40not affected by either party’s referral of any person or sales of
P17   1product by either party, and a term of at least one year, terminable
2only for cause as defined under the agreement or at the expiration
3of the agreement on at least 60 days’ written notice.

4(5) Optometric office space inside an optical dispensary shall
5be definite and distinct from space occupied by other occupants
6of the premises and shall include at least one private room for the
7exclusive use of providing optometric services to patients by the
8optometrist.

9(6) Forms used by the optometric office shall be separate from
10those of the registered dispensing optician.

11(7) The optometrist shall be free to practice to the full scope of
12his or her license under law, and shall control the hiring, staffing,
13training, and office and employment policies of the individuals
14employed or engaged to assist the optometrist in the management
15and administrative aspects of his or her practice and in patient care.
16The optometrist may contract for the provision of technician and
17administrative services. Nothing herein shall limit the right of the
18optometrist and the registered dispensing optician to agree to
19restrict the optometrist from offering or selling spectacles, lenses,
20frames, contact lenses or other optical goods to the optometrist’s
21patients or to the public in the occupied space during the term of
22the written agreement.

23(8) The optometrist shall be responsible for and shall maintain
24full and independent control of information disseminated to the
25public through any advertising or other commercial medium when
26that information relates to optometric services being provided by
27the optometrist, whether or not that advertising is paid for or
28sponsored by the optometrist. It is not a violation of this section
29to include in an advertisement that is not disseminated by the
30optometrist a statement advertising the availability of optometric
31services, including eye examinations, by an independent doctor
32of optometry located adjacent to or in proximity to a registered
33dispensing optician or a statement containing substantially similar
34language.

35(e) A violation of this section is punishable as a misdemeanor.

36

SEC. 3.  

Section 2555 of the Business and Professions Code is
37repealed.

38

SEC. 4.  

Section 2555 is added to the Business and Professions
39Code
, to read:

P18   1

2555.  

(a) Certificates issued hereunder may in the discretion
2of the division be suspended or revoked or subjected to terms and
3conditions of probation for violating or attempting to violate this
4chapter, Chapter 5.4 (commencing with Section 2540), any
5regulation adopted under this chapter or Chapter 5.4 (commencing
6with Section 2540), or Section 651, 654, or 655, or for
7incompetence, gross negligence, unprofessional conduct or repeated
8negligent acts performed by the registrant or by an employee of
9the registrant. Unprofessional conduct includes, but is not limited
10to, repeated interference with the independent clinical judgment
11of an optometrist or the optometrist’s compliance with prevailing
12clinical standards for the practice of optometry and when the
13registered dispensing optician knows or has reason to know that
14the repeated interference is impairing the optometrist’s ability to
15provide appropriate health care to his or her patients. Nothing
16herein shall limit the ability of the optometrist to file a complaint
17about the registered dispensing optician’s interference directly
18with any state regulatory agency with authority to oversee the
19practice of optometry or of registered dispensing opticians. The
20proceedings shall be conducted in accordance with Chapter 5
21(commencing with Section 11500) of Part 1 of Division 3 of Title
222 of the Government Code, and the division shall have all the
23powers granted therein.

24(b) If the division determines during a proceeding conducted in
25accordance with subdivision (a) that a registered dispensing
26optician has violated Section 655, the division may assess an
27administrative fine of up to five thousand dollars ($5,000) for the
28first violation and up to twenty-five thousand dollars ($25,000)
29for any subsequent violation that occurs within three years after
30the division’s finding of a first violation. If a registered dispensing
31optician’s second violation of Section 655 occurs after three years
32of its first violation, then the division shall assess a fine of up to
33five thousand dollars ($5,000). This section is not to be construed
34to limit the division’s existing authority to enforce the provisions
35of subdivision (a) or any other law.

36(c) Registered dispensing opticians shall comply with all
37requests for information by the division within 30 days after the
38request. Failure to provide to the division, as directed, lawfully
39requested copies of documents relating to a complaint or alleged
40violation of the law shall constitute unprofessional conduct on the
P19   1part of the registered dispensing optician, unless the registered
2dispensing optician is unable to provide the documents within the
3time period for good cause, including, but not limited to, inability
4 to access the documents in the time allowed.

5(d) Failure to cooperate and participate in any division
6investigation pending against a registered dispensing optician
7relating to a complaint or alleged violation of the law shall also
8constitute unprofessional conduct by the registered dispensing
9optician. This subdivision shall not be construed to deprive a
10registered dispensing optician of any privilege guaranteed by the
11Constitution of the United States or any other constitutional or
12statutory privileges. The registered dispensing optician’s assertion
13of any applicable constitutional, statutory, or other privilege,
14including, but not limited to, attorney-client privilege or attorney
15work product privilege, is not a violation of this section.

16(e) If the registered dispensing optician disputes a determination
17by the division regarding a complaint or violation of the law, the
18 registered dispensing optician may appeal the division’s decision
19to an independent administrative law judge pursuant to Chapter 5
20(commencing with Section 1100) of Part 1 of Division 3 of Title
212 of the Government Code. Penalties, if any, shall be paid when
22all appeals have been exhausted and the division’s decision has
23been upheld. In the event that the division’s position has been
24upheld, after all appeals have been exhausted the registered
25dispensing optician shall be responsible for payment of all costs
26associated with the prosecution of the matter.

27(f) A registered dispensing optician shall not discharge,
28terminate, suspend, threaten, harass, or retaliate or discriminate
29against an optometrist because that optometrist files a complaint
30as set forth in Section 3109.1 or any other complaint against a
31registered dispensing optician, or for lawful acts done by an
32optometrist in disclosing information relating to any complaint
33against a registered dispensing optician. When an optometrist files
34a complaint against a registered dispensing optician, the optometrist
35shall have all of the protections provided in Section 1102.5 of the
36Labor Code.

37

SEC. 5.  

Section 2556 of the Business and Professions Code is
38repealed.

39

SEC. 6.  

Section 3077 of the Business and Professions Code is
40amended to read:

P20   1

3077.  

(a) As used in this section, “office” means any office
2or other place for the practice of optometry.

3(b) A person, singly or in combination with others, may not
4have any proprietary interest in an office unless he or she is
5licensed to practice optometry under this chapter.

6(c) An optometrist, or two or more optometrists jointly, may
7have one office without obtaining a branch office license from the
8board.

9(d) An optometrist, or two or more optometrists jointly, may
10not have more than one office unless he or she or they comply
11with the provisions of this chapter as to additional offices. An
12additional office that is not the optometrist’s principal place of
13practice, as described by Section 3070, constitutes a branch office
14for purposes of this chapter.

15(e) Any optometrist who desires to open a branch office that is
16not his or her principal place of business shall notify the board in
17writing in a manner prescribed by the board.

18(f) A branch office may not be opened or operated without a
19branch office license. Branch office licenses shall be valid for the
20calendar year in or for which they are issued and shall be renewable
21on January 1 of each year thereafter. Branch office licenses shall
22be issued or renewed only upon the payment of the fee therefor
23prescribed by this chapter.

24(g) Any failure to comply with the provisions of this chapter
25relating to branch offices or branch office licenses as to any branch
26office shall work the suspension of the optometrist license of each
27optometrist who, individually or with others, has a branch office.
28 An optometrist license so suspended shall not be restored except
29upon compliance with those provisions and the payment of the fee
30prescribed by this chapter for restoration of a license after
31suspension for failure to comply with the provisions of this chapter
32relating to branch offices.

33(h) The holder or holders of a branch office license shall pay
34the biennial renewal fee therefor in the amount required by this
35chapter between the first day of January and the first day of
36February of each renewal period. The failure to pay the fee in
37advance on or before February 1 of each year during the time it is
38in force shall ipso facto work the suspension of the branch office
39license. The license shall not be restored except upon written
P21   1application and the payment of the penalty prescribed by this
2chapter, and, in addition, all delinquent branch office fees.

3(i) The board shall have the power to adopt, amend, and repeal
4rules and regulations to carry out the provisions of this section.

5

SEC. 7.  

Section 3090.1 is added to the Business and Professions
6Code
, to read:

7

3090.1.  

The State Board of Optometry shall receive any
8complaint made to a state board or department related to care
9provided to a patient by a licensed optometrist under Chapter 7
10(commencing with Section 3000).

11

SEC. 8.  

Section 3109.1 is added to the Business and Professions
12Code
, to read:

13

3109.1.  

(a) An optometrist shall report to the board any action
14or circumstance that the optometrist reasonably and in good faith
15believes constitutes a continued and unresolved attempt to interfere
16with his or her independent clinical judgment or compliance with
17prevailing clinical standards for the practice of optometry by a
18registered dispensing optician or any employee or agent of the
19registered dispensing optician that violates Section 655.

20(b) The board shall report the complaint to the Division of
21Licensing of the Medical Board of California, and the division
22shall investigate the complaint pursuant to Section 2555.

23(c) A registered dispensing optician shall not discharge,
24 terminate, suspend, threaten, harass, or in any other manner retaliate
25or discriminate against an optometrist that files a good faith
26complaint pursuant to this section or any other law, or for lawful
27acts done by an optometrist in disclosing information relating to
28any complaint against a registered dispensing optician. When an
29optometrist files a good faith complaint against a registered
30dispensing optician, the optometrist shall have all of the protections
31provided in Section 1102.5 of the Labor Code.

32

SEC. 9.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P22   1the meaning of Section 6 of Article XIII B of the California
2Constitution.

end delete


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