Amended in Senate June 16, 2016

Amended in Senate September 4, 2015

Amended in Senate July 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 701

Introduced by Assembly begin delete Member end delete begin insert Members end insert Cristina Garcia begin insert and Eggman end insert

begin insert

(Coauthors: Assembly Members Bonilla, Bonta, Gatto, Gipson, Gomez, Lopez, and Williams)

end insert begin insert

(Coauthors: Senators Beall and Leyva)

end insert

February 25, 2015

An act to amend Sections begin delete 19817 and 19858 of the Business and Professions end delete begin insert 261, 261.5, 262, and 266c of the Penal end insert Code, relating to begin delete gaming. end delete begin insert sex crimes. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 701, as amended, Cristina Garcia. begin delete Gaming. end delete begin insert Sex crimes: Rape. end insert

begin insert

Existing law defines rape and spousal rape as an act of sexual intercourse accomplished under specified circumstances indicating lack of consent, force, or duress, as specified. Existing law defines unlawful sexual intercourse as an act of sexual intercourse with a person who is a minor, as specified. Existing law additionally makes it unlawful to induce a person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person’s free will, and does cause the victim to so act.

end insert begin insert

This bill would change the definition of rape, spousal rape, and unlawful sexual intercourse to instead mean penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, under the specified conditions. The bill would also make it a crime to induce another person to engage in penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the victim’s free will, and does cause the victim to so act. By expanding the definition of a crime, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

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

end insert begin delete

Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. A willful violation of any provision of the act for which a penalty is not expressly provided, is punishable as a misdemeanor. Existing law requires the commission to establish a 10-member Gaming Policy Advisory Committee for the purpose of discussing matters of controlled gambling regulatory policy and other relevant gambling-related issues. The committee is composed of representatives of controlled gambling licensees and members of the general public in equal numbers.

end delete begin delete

This bill would increase the membership of the committee from 10 to 12 members, and would instead require the committee to be composed of 5 representatives of controlled gambling licensees, 5 members of the general public, and 2 representatives from the Department of Justice.

end delete begin delete

Under the act, a person is deemed unsuitable to hold a license to own a gambling establishment if the person, or any partner, officer, director, or shareholder of the person, has any financial interest in any business or organization that is engaged in a prohibited form of gambling, whether within or without this state, except as specified.

end delete begin delete

This bill would exempt from that provision a person or entity that has (1) held a license in good standing as an owner of a gambling establishment for at least 5 years as of January 1, 2015, (2) has notified the California Gambling Control Commission and the Department of Justice, has received commission approval, after completion of a background check conducted by the department, to obtain a financial interest in a business or organization within the United States that conducts lawful gambling outside of California that, if conducted within California, would be unlawful, (3) and has paid the commission and the department for the reasonable costs of the investigation and approval for obtaining the financial interest. The bill would require the commission to adopt necessary regulations addressing, at a minimum, mandatory periodic reporting to the department by a licensee regarding the ownership and operations of a business or organization within the United States that conducts lawful gambling outside of California that, if conducted in California, would be unlawful.

end delete begin delete

The bill would make it unlawful for any cross-promotion or marketing, as defined, to occur between the business or organization within the United States that conducts lawful gambling outside of California that, if conducted within California, would be unlawful, and the gambling establishment, as described. The bill would prohibit, among other things, a licensee, in connection with a business or organization that conducts lawful gambling outside of California that, if conducted within California, would be unlawful, from knowingly engaging in an activity or entering into an association that is unsuitable for the licensee because that activity or association poses an unreasonable threat to the control of gambling in this state. By creating a new crime, this bill would impose a state-mandated local program.

end delete begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

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

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 261 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

261.  

(a) Rape is an act of begin delete sexual intercourse end delete begin insert penetration, no
matter how slight, of the vagina or anus with any body part or
object, or oral penetration by a sex organ of another person, end insert
accomplished with a person not the spouse of the begin delete perpetrator, end delete
begin insert defendant, end insert under any of the following circumstances:

(1)  begin delete Where a person end delete begin insert If the victim end insert is incapable, because of a mental
disorder or developmental or physical disability, of giving legal
consent, and this is known or reasonably should be known to the
begin delete person committing the act. end delete begin insert defendant. end insert Notwithstanding the
existence of a conservatorship pursuant to begin delete the provisions of end delete the
Lanterman-Petris-Short Act (Part 1 (commencing with Section
5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that
a mental disorder or developmental or physical disability rendered
the begin delete alleged end delete victim incapable of giving consent.

(2)  begin delete Where it end delete begin insert If the act end insert is accomplished against begin delete a person’s end delete begin insert the
victim’s end insert will by means of force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the begin delete person end delete begin insert victim end insert or
another.

(3)  begin delete Where a person end delete begin insert If the victim end insert is prevented from resisting by
any intoxicating or anesthetic substance, or any controlled
substance, and this condition was known, or reasonably should
have been known by the begin delete accused. end delete begin insert defendant. end insert

(4)  begin delete Where a person end delete begin insert If the victim end insert is at the time unconscious of
the nature of the act, and this is known to the begin delete accused. end delete begin insert defendant. end insert
As used in this paragraph, “unconscious of the nature of the act”
means incapable of resisting because the victim meets any one of
the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the
act occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the begin delete perpetrator’s end delete
begin insert defendant’s end insert fraud in fact.

(D) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the begin delete perpetrator’s end delete
begin insert defendant’s end insert fraudulent representation that the sexual penetration
served a professional purpose when it served no professional
purpose.

(5)  begin delete Where a person end delete begin insert If a victim end insert submits under the belief that the
person committing the act is someone known to the victim other
than the begin delete accused, end delete begin insert defendant, end insert and this belief is induced by any
artifice, pretense, or concealment practiced by the begin delete accused, end delete
begin insert defendant, end insert with intent to induce the belief.

(6)  begin delete Where end delete begin insert If end insert the act is accomplished against the victim’s will
by threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
begin delete perpetrator end delete begin insert defendant end insert will execute the threat. As used in this
paragraph, “threatening to retaliate” means a threat to kidnap or
falsely imprison, or to inflict extreme pain, serious bodily injury,
or death.

(7)  begin delete Where end delete begin insert If end insert the act is accomplished against the victim’s will
by threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the begin delete perpetrator end delete begin insert defendant end insert is a public official.
As used in this paragraph, “public official” means a person
employed by a governmental agency who has the authority, as part
of that position, to incarcerate, arrest, or deport another. The
begin delete perpetrator end delete begin insert defendant end insert does not actually have to be a public official.

(b) As used in this section, “duress” means a direct or implied
threat of force, violence, danger, or retribution sufficient to coerce
a reasonable person of ordinary susceptibilities to perform an act
which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in appraising
the existence of duress.

(c) As used in this section, “menace” means any threat,
declaration, or act which shows an intention to inflict an injury
upon another.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 261.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

261.5.  

(a) Unlawful sexual intercourse is an act of begin delete sexual
intercourse end delete begin insert penetration, no matter how slight, of the vagina or
anus with any body part or object, or oral penetration by a sex
organ of another person, end insert accomplished with a person who is not
the spouse of the begin delete perpetrator, end delete begin insert defendant, end insert if the person is a minor.
For the purposes of this section, a “minor” is a person under begin delete the
age of end delete 18 years begin insert of age end insert and an “adult” is a person who is at least
18 years of age.

(b)  begin delete Any person end delete begin insert A defendant end insert who engages in an act of unlawful
sexual intercourse with a minor who is not more than three years
older or three years younger than the begin delete perpetrator, end delete begin insert defendant, end insert is
guilty of a misdemeanor.

(c)  begin delete Any end delete begin insert A end insert person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger
than the begin delete perpetrator end delete begin insert defendant end insert is guilty of either a misdemeanor
or a felony, and shall be punished by imprisonment in a county
jail not exceeding one year, or by imprisonment pursuant to
subdivision (h) of Section 1170.

(d)  begin delete Any end delete begin insert A end insert person 21 years of age or older who engages in an
act of unlawful sexual intercourse with a minor who is under 16
years of age is guilty of either a misdemeanor or a felony, and shall
be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment pursuant to subdivision (h) of Section
1170 for two, three, or four years.

(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of begin insert unlawful end insert sexual intercourse with a
minor in violation of this section may be liable for civil penalties
in the following amounts:

(A) An adult who engages in an act of unlawful sexual
intercourse with a minor less than two years younger than the adult
is liable for a civil penalty not to exceed two thousand dollars
($2,000).

(B) An adult who engages in an act of unlawful sexual
intercourse with a minor at least two years younger than the adult
is liable for a civil penalty not to exceed five thousand dollars
($5,000).

(C) An adult who engages in an act of unlawful sexual
intercourse with a minor at least three years younger than the adult
is liable for a civil penalty not to exceed ten thousand dollars
($10,000).

(D) An adult over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).

(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in
the State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.

(3) In addition to any punishment imposed under this section,
the judge may assess a fine not to exceed seventy dollars ($70)
against begin delete any end delete begin insert a end insert person who violates this section with the proceeds
of this fine to be used in accordance with Section 1463.23. The
court begin delete shall, however, end delete begin insert shall end insert take into consideration the defendant’s
ability to pay, and begin delete no end delete begin insert a end insert defendant shall begin insert not end insert be denied probation
because of his or her inability to pay the fine permitted under this
subdivision.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 262 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

262.  

(a) Rape of a person who is the spouse of the begin delete perpetrator end delete
begin insert defendant end insert is an act of begin delete sexual intercourse end delete begin insert penetration, no matter
how slight, of the vagina or anus with any body part or object, or
oral penetration by a sex organ of another person, end insert accomplished
under any of the following circumstances:

(1)  begin delete Where it end delete begin insert If the ac end insert begin insert t end insert is accomplished against a begin delete person’s end delete
begin insert victim’s end insert will by means of force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the begin delete person end delete begin insert victim end insert or
another.

(2)  begin delete Where end delete begin insert If end insert a begin delete person end delete begin insert victim end insert is prevented from resisting by any
intoxicating or anesthetic substance, or any controlled substance,
and this condition was known, or reasonably should have been
known, by the begin delete accused. end delete begin insert defendant. end insert

(3)  begin delete Where end delete begin insert If end insert a begin delete person is end delete begin insert victim is, end insert at the begin delete time end delete begin insert time, end insert unconscious
of the nature of the act, and this is known to the begin delete accused. end delete begin insert defendant. end insert
As used in this paragraph, “unconscious of the nature of the act”
means incapable of resisting because the victim meets one of the
following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the
act occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the begin delete perpetrator’s end delete
begin insert defendant’s end insert fraud in fact.

(4)  begin delete Where end delete begin insert If end insert the act is accomplished against the victim’s will
by threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
begin delete perpetrator end delete begin insert defendant end insert will execute the threat. As used in this
paragraph, “threatening to retaliate” means a threat to kidnap or
falsely imprison, or to inflict extreme pain, serious bodily injury,
or death.

(5)  begin delete Where end delete begin insert If end insert the act is accomplished against the victim’s will
by threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the begin delete perpetrator end delete begin insert defendant end insert is a public official.
As used in this paragraph, “public official” means a person
employed by a governmental agency who has the authority, as part
of that position, to incarcerate, arrest, or deport another. The
begin delete perpetrator end delete begin insert defendant end insert does not actually have to be a public official.

(b) As used in this section, “duress” means a direct or implied
threat of force, violence, danger, or retribution sufficient to coerce
a reasonable person of ordinary susceptibilities to perform an act
which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the begin delete victim, end delete begin insert victim end insert and his or
her relationship to the defendant, are factors to consider in
apprising the existence of duress.

(c) As used in this section, “menace” means any threat,
declaration, or act that shows an intention to inflict an injury upon
another.

(d) If probation is granted upon conviction of a violation of this
section, the conditions of probation may include, in lieu of a fine,
one or both of the following requirements:

(1) That the defendant make payments to a battered women’s
shelter, up to a maximum of one thousand dollars ($1,000).

(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds
are the direct result of the defendant’s offense.

For any order to pay a fine, make payments to a battered
women’s shelter, or pay restitution as a condition of probation
under this subdivision, the court shall make a determination of the
defendant’s ability to pay. In no event shall any order to make
payments to a battered women’s shelter be made if it would impair
the ability of the defendant to pay direct restitution to the victim
or court-ordered child support. begin delete Where end delete begin insert If end insert the injury to a married
person is caused in whole or in part by the criminal acts of his or
her spouse in violation of this section, the community property
may not be used to discharge the liability of the offending spouse
for restitution to the injured spouse, required by Section 1203.04,
as operative on or before August 2, 1995, or Section 1202.4, or to
a shelter for costs with regard to the injured spouse and dependents,
required by this section, until all separate property of the offending
spouse is exhausted.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 266c of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

266c.  

begin insert (a) end insert begin insert   end insert Every person who induces any other person to
engage in begin delete sexual intercourse, sexual penetration, oral copulation,
or sodomy end delete begin insert penetration, no matter how slight, of the vagina or anus
with any body part or object, or oral penetration by a sex organ
of another person, end insert when begin delete his or her end delete begin insert the victim’s end insert consent is procured
by false or fraudulent representation or pretense that is made with
the intent to create fear, and which does induce fear, and that would
cause a reasonable person in like circumstances to act contrary to
the person’s free will, and does cause the victim to so act, is
punishable by imprisonment in a county jail for not more than one
year or in the state prison for two, three, or four years.

begin delete

As

end delete

begin insert (b) end insert begin insert   end insert begin insert As end insert used in this section, “fear” means the fear of physical
injury or death to the begin delete person end delete begin insert victim end insert or to any relative of the begin delete person end delete
begin insert victim end insert or member of the begin delete person’s end delete begin insert victim’s end insert family.

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

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

end insert

begin delete

SECTION 1.  

Section 19817 of the Business and Professions
Code is amended to read:

19817.  

The commission shall establish and appoint a Gaming
Policy Advisory Committee of 12 members. The committee shall
be composed of five representatives of controlled gambling
licensees, five members of the general public, and two members
from the department. The executive director shall, from time to
time, convene the committee for the purpose of discussing matters
of controlled gambling regulatory policy and any other relevant
gambling-related issue. The recommendations concerning gambling
policy made by the committee shall be presented to the
commission, but shall be deemed advisory and not binding on the
commission in the performance of its duties or functions. The
committee may not advise the commission on Indian gaming.

SEC. 2.  

Section 19858 of the Business and Professions Code
is amended to read:

19858.  

(a) Except as provided in subdivisions (b), (c), and (g),
a person shall be deemed to be unsuitable to hold a state gambling
license to own a gambling establishment if the person, or any
partner, officer, director, or shareholder of the person, has any
financial interest in any business or organization that is engaged
in any form of gambling prohibited by Section 330 of the Penal
Code, whether within or without this state.

(b) Subdivision (a) does not apply to a publicly traded racing
association, a qualified racing association, or any person who is
licensed pursuant to subdivision (b) or (c) of Section 19852.

(c) Subdivision (a) does not apply to a person or entity that
meets all of the following criteria:

(1) Holds a license in good standing as an owner of a gambling
establishment pursuant to this chapter for at least five years as of
January 1, 2015. For purposes of this subdivision, “good standing”
means that the owner’s state gambling license is not the subject
of outstanding allegations by the department for any violation of
the Gambling Control Act.

(2) Has notified the commission and the department and received
commission approval, after completion of a background check
conducted by the department, to obtain a financial interest in
another business or organization within the United States that
conducts lawful gambling outside of California that, if conducted
within California, would be unlawful. A licensee shall provide the
department with any information pertaining to the licensee’s
proposed participation in that business or organization as the
department may request. The commission shall not grant a
temporary approval under this section.

(3) Has paid the commission and the department for the
reasonable costs incurred by the commission and the department
for the investigation and approval to obtain the financial interest
described in paragraph (2).

(d) It is unlawful for any cross-promotion or marketing to occur
between the business or organization described in paragraph (2)
of subdivision (c) and the gambling establishment described in
paragraph (1) of subdivision (c). For purposes of this subdivision,
“cross-promotion or marketing” means the offering to any
customers of the gambling establishment anything of value related
to visiting or gambling at the business or organization described
in paragraph (2) of subdivision (c).

(e) A licensee shall not, in connection with a business or
organization described in paragraph (2) of subdivision (c),
knowingly do any of the following:

(1) Violate a foreign, federal, tribal, state, county, city, or
township law, regulation, ordinance, or rule, or any equivalent
thereof, concerning the conduct of gambling.

(2) Fail to conduct the operation in accordance with the
standards of honesty and integrity required for gambling in this
state.

(3) Engage in an activity or enter into an association that is
unsuitable for a licensee because that activity or association does
any of the following:

(A) Poses an unreasonable threat to the control of gambling in
this state.

(B) Reflects or tends to reflect discredit or disrepute upon this
state or gaming in this state.

(C) Is contrary to the public policy of this state concerning
gaming.

(4) Engage in an activity or enter into an association that
interferes with the ability of this state to collect all license fees
imposed by this chapter.

(5) Employ, contract with, or associate with, a person whom
the commission has found guilty of cheating or to whom the
commission has denied a gambling license, or finding of suitability,
on the ground of unsuitability.

(f) The commission shall adopt necessary regulations addressing,
at a minimum, mandatory periodic reporting to the department by
a licensee regarding the ownership and operations of a business
or organization described in paragraph (2) of subdivision (c).

(g) Subdivision (a) does not apply to a person who meets all of
the following criteria:

(1) The person is licensed or had an application to be licensed
on file with the commission on or before February 1, 2013.

(2) The person has a financial interest in a business or
organization engaged in gambling prohibited by Section 330 of
the Penal Code that was closed and was not engaged in prohibited
gambling at the time the person was either licensed or had filed
an application to be licensed with the commission.

(3) The person has a financial interest in a gambling
establishment that is located on any portion of, or contiguous to,
the grounds on which a racetrack is or had been previously located
and horserace meetings were authorized to be conducted by the
California Horse Racing Board on or before January 1, 2012.

(4) The grounds upon which the gambling establishment
described in paragraph (3) is located are directly or indirectly
owned by a racetrack limited partnership owner. For purposes of
this paragraph, a “racetrack limited partnership owner” is defined
as a limited partnership, or a number of related limited partnerships,
that is or are at least 80 percent capitalized by limited partners that
are an “institutional investor” as defined in subdivision (w) of
Section 19805, an “employee benefit plan” as defined in Section
1002(3) of Title 29 of the United States Code, or an investment
company that manages a state university endowment.

(h) Within three years of the date the closed business or
organization reopens or becomes engaged in any form of gambling
prohibited by Section 330 of the Penal Code, a person described
in subdivision (g) shall either divest that person’s interest in the
business or organization, or divest that person’s interest in the
gambling enterprise or gambling establishment for which the
person is licensed or has applied to be licensed by the commission.

(i) A person described in subdivision (g) shall inform the
commission within 30 days of the date on which a business or
organization in which the person has a financial interest begins to
engage in any form of gambling prohibited by Section 330 of the
Penal Code.

(j) During the three-year divestment period described in
subdivision (h), it is unlawful for any cross-promotion or marketing
to occur between the business or organization that is engaged in
any form of gambling prohibited by Section 330 of the Penal Code
and the gambling enterprise or gambling establishment described
in paragraph (3) of subdivision (g). For purposes of this
subdivision, “cross-promotion or marketing” means the offering
to any customers of the gambling enterprise or gambling
establishment anything of value related to visiting or gambling at
the business or organization engaged in any form of gambling
prohibited by Section 330 of the Penal Code.

(k) During the three-year divestment period described in
subdivision (h), any funds used in connection with the capital
improvement of the gambling enterprise or gambling establishment
described in paragraph (3) of subdivision (g) shall not be provided
from the gaming revenues of either the business or organization
engaged in gaming prohibited under Section 330 of the Penal Code.

(l) If, at the end of the three-year divestment period described
in subdivision (h), any person described in subdivision (g) has not
divested his or her interest in either the gambling enterprise or
gambling establishment or the business or organization engaged
in any form of gaming prohibited under Section 330 of the Penal
Code, the prohibitions of Section 19858 as it read on January 1,
2013, apply.

SEC. 3.  

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

end delete