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AB-903 Crime: fraudulent solicitation.(1997-1998)



Current Version: 07/20/98 - Chaptered

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AB903:v92#DOCUMENT

Assembly Bill No. 903
CHAPTER 166

An act to amend Section 532d of the Penal Code, relating to fraudulent solicitations.

[ Filed with Secretary of State  July 20, 1998. Approved by Governor  July 18, 1998. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 903, Miller. Crime: fraudulent solicitation.
Existing law makes it a misdemeanor to fraudulently solicit money or property for charitable or religious purposes, punishable by imprisonment in a county jail for not more than 6 months, by a fine not exceeding $1,000, or by both that imprisonment and fine.
This bill would make this crime , punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding $5,000, or by both that imprisonment and fine. This bill would also make technical, nonsubstantive changes. By increasing the penalty for an existing crime, this bill would 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.

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


SECTION 1.

 Section 532d of the Penal Code is amended to read:

532d.
 (a)  Any person who solicits or attempts to solicit or receives money or property of any kind for a charitable, religious or eleemosynary purpose and who, directly or indirectly, makes, utters, or delivers, either orally or in writing, an unqualified statement of fact concerning the purpose or organization for which the money or property is solicited or received, or concerning the cost and expense of solicitation or the manner in which the money or property or any part thereof is to be used, which statement is in fact false and was made, uttered, or delivered by that person either willfully and with knowledge of its falsity or negligently without due consideration of those facts which by the use of ordinary care he or she should have known, is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than one year, by a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine.
(b)  An offense charged in violation of this section shall be proven by the testimony of one witness and corroborating circumstances.
(c)  Nothing contained in this section shall be construed to limit the right of any city, county, or city and county to adopt regulations for charitable solicitations which are not in conflict with this section.

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.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.