California Senate Bill SB496 Amended / Bill

 BILL NUMBER: SB 496AMENDED BILL TEXT AMENDED IN SENATE APRIL 15, 2009 INTRODUCED BY Senator Maldonado  (   Coauthor:   Senator   Correa   )  FEBRUARY 26, 2009 An act to add Section 10150.5 to the Business and Professions Code, relating to real estate. LEGISLATIVE COUNSEL'S DIGEST SB 496, as amended, Maldonado. Real estate: sex offenders. The Real Estate Law provides for the licensing and regulation of real estate salespersons and real estate brokers by the Real Estate Commissioner, and authorizes the commissioner to deny, revoke, or suspend a license for specified reasons. Existing law requires persons convicted of certain sex offenses to register as sex offenders, as specified. A violation of various provisions of the Real Estate Law is a crime. This bill would, with regard to an individual who is required to register as a sex offender, require the commissioner to deny an application for licensure, renewal, or reinstatement of, or to revoke, a license under the Real Estate Law, with specified exceptions. The bill would require an individual who is convicted of an offense that requires registration as a sex offender to notify the commissioner within 5 days of the imposition of sentence, with specified exceptions. Because a failure to comply with this requirement would be a crime, the bill would thereby impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 10150.5 is added to the Business and Professions Code, to read: 10150.5. (a) Notwithstanding any other provision of law, except as provided in subdivision (c), with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory or under military  or federal  law, the commissioner shall be subject to the following requirements: (1) The commissioner shall deny an application as a real estate salesperson or real estate broker pursuant to this  division   part  . (2) If the individual is licensed under this  division   part  , the commissioner shall revoke the license  of the individual. The commissioner shall not stay the revocation and place the license on probation  . (3) The commissioner shall not renew or reinstate the individual's license under this  division   part. The commissioner s   hall not issue a stay of license denial and place the   license on probation  . (b) Except as provided in subdivision (c), a person licensed pursuant to this division as a real estate salesperson or real estate broker who is convicted of an offense that requires the individual to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory or under military  or federal  law, shall, within five days of the imposition of sentence, notify the commissioner. (c) This section shall not apply to any of the following: (1) An individual who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law or the law of the jurisdiction that requires his or her registration as a sex offender. (2) An individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. However, nothing in this paragraph shall prohibit the commissioner from exercising his or her discretion to discipline a licensee under other provisions of state law based upon the licensee's conviction under Section 314 of the Penal Code. (3) Any administrative adjudication proceeding under Chapter 5 (commencing with Section 11500) of Part 1 of Title 2 of the Government Code that is fully adjudicated prior to January 1, 2010.  A petition for reinstatement of a revoked or surrendered license shall be   considered a new proceeding for purposes of this paragraph, and the prohibition against reinstating a licen   se to an individual who is required to register as a sex offender shall be applicable.  SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.