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AB-854 Locksmithing.(2013-2014)

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Amended  IN  Assembly  March 21, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 854


Introduced by Assembly Member Stone

February 21, 2013


An act to amend Section 1418.91 of the Health and Safety Code, relating to elder abuse. 466.8 of the Penal Code, relating to locksmithing.


LEGISLATIVE COUNSEL'S DIGEST


AB 854, as amended, Stone. Elder abuse. Locksmithing.
Existing law requires any person who knowingly and willfully makes a key capable of opening any door or other means of entrance to a residence or commercial establishment for another to obtain specified information, including the name and address of the person requesting or purchasing the key, and to retain a copy of the work order for 2 years. A violation of this provision is a misdemeanor.
This bill would require the person making the key to obtain the e-mail address, if any, of the person requesting or purchasing the key, and to retain the work order for 4 years, rather than 2 years. Because the bill would revise the definition of a crime, the bill wold impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires a long-term health care facility to report to the State Department of Public Health immediately, or within 24 hours, all incidents of alleged or suspected abuse of a facility resident.

This bill would make a technical, nonsubstantive change to this provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 466.8 of the Penal Code is amended to read:

466.8.
 (a) Any person who knowingly and willfully makes a key capable of opening any door or other means of entrance to any residence or commercial establishment for another by any method involving an onsite inspection of such the door or entrance, whether or not for compensation, shall obtain, together with the date the key was made, the street address of the residence or commercial establishment, and the signature of the person for whom the key was made, on a work order form, the following information regarding the person requesting or purchasing the key:
(1) Name.
(2) Address.
(3) (A) Telephone number, if any.
(B) E-mail address, if any.
(4) Date of birth.
(5) Driver’s license number or identification number, if any.
A copy of each such work order shall be retained for two four years and shall be open to inspection by any peace officer or by the Bureau of Collection and Investigative Services during business hours or submitted to the bureau upon request.
Any person who violates any provision of this subdivision is guilty of a misdemeanor.
(b) Nothing contained in this section shall be construed to prohibit the duplication of any key for a residence or commercial establishment from another such key.
(c) Locksmiths licensed by the Bureau of Collection and Investigative Services are subject to the provisions set forth in Chapter 8.5 (commencing with Section 6980) of Division 3 of the Business and Professions Code.
(d) The provisions of this section shall include, but are not limited to, the making of a key from key codes or impressions.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 1418.91 of the Health and Safety Code is amended to read:
1418.91.

(a)A long-term health care facility shall report all incidents of alleged abuse or suspected abuse of a resident of the facility to the department immediately, or within 24 hours.

(b)Failure to comply with the requirements of this section shall be a class “B” violation.

(c)For purposes of this section, “abuse” shall mean any of the conduct described in subdivisions (a) and (b) of Section 15610.07 of the Welfare and Institutions Code.

(d)This section shall not change any reporting requirements under Section 15630 of the Welfare and Institutions Code, or as otherwise specified in the Elder Abuse and Dependent Adult Civil Protection Act, Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.