Bail Consumer Protection Act., the official text

An act to add Section 538j to the Penal Code, relating to bail.

LEGISLATIVE COUNSEL'S DIGEST

Existing law generally regulates the business of insurance in the state, including the conduct of insurance licensees, and provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing regulations generally prohibit the solicitation of bail except after a bona fide request for bail services has been received from the arrestee or from another specified person.
Existing law makes it a misdemeanor to impersonate certain personnel, including a law enforcement officer or an officer or member of a fire department, with the intent of fraudulently impersonating such a person, or of fraudulently inducing the belief that they are such a person.
This bill, the Bail Consumer Protection Act, would make it a misdemeanor for any person to willfully impersonate, or falsely hold themselves out to be, a licensed bail agent, and while doing so solicits or attempts to solicit bail from any individual. By creating a new crime, the 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.
This act shall be known, and may be cited, as the Bail Consumer Protection Act.

SEC. 2.
Section 538j is added to the Penal Code, to read:
538j.
(a) Any person who willfully impersonates, or falsely holds themselves out to be, a licensed bail agent, and while doing so solicits or attempts to solicit bail from any individual, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(b) For purposes of this section, the following apply:
(1) “Licensed bail agent” means a person licensed pursuant to Chapter 7 (commencing with Section 1800) of Part 2 of Division 1 of the Insurance Code.
(2) “Solicit” includes, but is not limited to, phone calls, robocalls, text messages, emails, and in-person communications.
(c) The penalties provided in this section are cumulative and do not restrict the application of any other law, including any criminal penalties that may be imposed for any theft or for a violation of Chapter 7 (commencing with Section 1800) of Part 2 of Division 1 of the Insurance Code.

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.