BILL NUMBER: SB 1418 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 25, 1998
INTRODUCED BY Senator Rosenthal
JANUARY 20, 1998
An act to amend Sections 6402, 6407, 6408, 6409, 6410,
6411, 6412, 6413, and 6415 of, to amend the heading of Chapter 5.5
(commencing with Section 6400) of Division 3 of, to add Sections
6401.6, 6412.1, 6415.1, and 6415.2 to, and to repeal and
An act to amend Section 6405 of, to amend the heading of Chapter
5.5 (commencing with Section 6400) of Division 3 of, to amend,
repeal, and add Sections 6401, 6402, 6403, 6407, 6408, 6409, 6410,
6411, 6412, 6413, and 6415 of, to add and repeal Sections 6401.6 and
6412.1 of, and to repeal and add Section 6400 of, the Business
and Professions Code, relating to legal document assistants.
LEGISLATIVE COUNSEL'S DIGEST
SB 1418, as amended, Rosenthal. Legal document assistants.
Existing law generally regulates unlawful detainer assistants, as
defined, and, among other things, requires an unlawful detainer
assistant to register with the county clerk of the county in which he
or she performs acts for which registration is required.
This bill would revise and recast these provisions to
instead , in addition, apply to legal document
assistants, as defined. This bill would require
prohibit a legal document assistant to decline to
provide from providing service to a client who
requires assistance that exceeds "self-help service" as defined.
This bill would provide that any person registered as an
unlawful detainer assistant prior to January 1, 1999, would be
considered a legal document assistant without the need to reregister
or be issued a new identification card for the valid period of
registration. This bill would repeal these
provisions changes on January 1, 2002,
unless a later enacted statute, enacted before that date, deletes or
extends that date and restore current law at that time
.
Existing law provides that the failure of a person who engages in
acts of an unlawful detainer assistant to comply with certain
provisions of existing law is a misdemeanor.
Since this bill would make the current penal provisions applicable
to persons registered as legal document assistants, this bill would
impose a state-mandated local program by increasing the scope of an
existing crime.
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. The heading of Chapter 5.5 (commencing with Section
6400) of Division 3 of the Business and Professions Code is amended
to read:
CHAPTER 5.5. LEGAL DOCUMENT ASSISTANTS AND UNLAWFUL DETAINER
ASSISTANTS
SEC. 2. Section 6400 of the Business and Professions Code is
repealed.
SEC. 3. Section 6400 is added to the Business and Professions
Code, to read:
6400. (a) "Unlawful detainer assistant" means any individual
who for compensation renders assistance or advice in the prosecution
or defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or
action.
(b) "Unlawful detainer claim" means a proceeding, filing, or
action affecting rights or liabilities of any person that arises
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3
of the Code of Civil Procedure and that contemplates an adjudication
by a court.
(c) "Legal document assistant" means:
(a)
(1) Any person who is not an active member of the State Bar
and who provides, or assists in providing, or offers to
provide, assists in providing, for compensation, self-help
service to the public.
(b)
(2) A corporation, partnership, association, or other entity
that employs any person not exempted under Section 6401 who, as part
of his or her responsibilities, provides self-help service or who
holds himself or herself out as someone who offers that service or
has that authority.
(1)
(d) "Self-help service" means all of the following:
(A)
(1) Providing general published factual information ,
written or approved by an attorney, pertaining to legal
procedures, rights, or obligations to a consumer
person who is representing himself or herself in a legal
matter, to assist the consumer person
in representing himself or herself.
(B)
(2) Making published legal documents available to a
consumer person who is representing himself or
herself in a legal matter.
(C) Completing legal documents selected by the consumer at the
direction of the consumer.
(3) Completing legal documents, in a ministerial manner, selected
by the person and at the direction of the person.
(2)
(e) "Compensation" means money, property, or anything else
of value.
(f) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.
SEC. 4. Section 6400 is added to the Business and Professions
Code, to read:
6400. (a) "Unlawful detainer assistant" means any individual who
for compensation renders assistance or advice in the prosecution or
defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or
action.
(b) "Unlawful detainer claim" means a proceeding, filing, or
action affecting rights or liabilities of any person that arises
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3
of the Code of Civil Procedure and that contemplates an adjudication
by a court.
(c) "Compensation" means money, property, or anything else of
value.
(d) This section shall become operative January 1, 2002.
SEC. 5. Section 6401 of the Business and Professions Code is
amended to read:
6401. This chapter does not apply to any of the following:
(a) Any government employee who is acting in the course of his or
her employment.
(b) A member of the State Bar of California, or his or her
employee or agent, or an independent contractor while acting on
behalf of a member of the State Bar.
(c) Any employee of a nonprofit, tax-exempt corporation who
assists clients free of charge.
(d) A licensed real estate broker or licensed real estate
salesperson, as defined in Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4, who acts pursuant to subdivision (b) of
Section 10131 on an unlawful detainer claim as defined in subdivision
(b) of Section 6400, and who is a party to the unlawful detainer
action.
(e) An immigration consultant, as defined in Chapter 19.5
(commencing with Section 22441) of Division 8.
(f) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
SEC. 6. Section 6401 is added to the Business and Professions
Code, to read:
6401. This chapter does not apply to any of the following:
(a) Any government employee who is acting in the course of his or
her employment.
(b) A member of the State Bar of California, or his or her
employee or agent, or an independent contractor while acting on
behalf of a member of the State Bar.
(c) Any employee of a nonprofit, tax-exempt corporation who
assists clients free of charge.
(d) A licensed real estate broker or licensed real estate
salesperson, as defined in Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4, who acts pursuant to subdivision (b) of
Section 10131 on an unlawful detainer claim as defined in subdivision
(b) of Section 6400, and who is a party to the unlawful detainer
action.
(e) This section shall become operative January 1, 2002.
SEC. 4.
SEC. 7. Section 6401.6 is added to the Business and
Professions Code, to read:
6401.6. A legal document assistant shall decline to
not provide service to a client who requires
assistance that exceeds the definition of self-help service in
subdivision (b) of Section 6400, and shall inform the client that the
client requires the services of an attorney.
This section shall remain in effect only until January 1, 2002, and
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2002, deletes or extends that date.
SEC. 5.
SEC. 8. Section 6402 of the Business and Professions Code is
amended to read:
6402. A legal document assistant or unlawful detainer
assistant shall be registered pursuant to this chapter by the
county clerk of the county in which he or she resides and of each
county in which he or she performs acts for which registration is
required. No person who has been disbarred or suspended from the
practice of law pursuant to Article 6 (commencing with Section 6100)
of Chapter 4 shall, during the period of any disbarment or
suspension, register as a legal document assistant or unlawful
detainer assistant .
This section shall remain in effect only until January 1, 2002, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2002, deletes or extends that date.
SEC. 9. Section 6402 is added to the Business and Professions
Code, to read:
6402. An unlawful detainer assistant shall be registered pursuant
to this chapter by the county clerk of the county in which he or she
resides and of each county in which he or she performs acts for
which registration is required. No person who has been disbarred or
suspended from the practice of law pursuant to Article 6 (commencing
with Section 6100) of Chapter 4 shall, during the period of any
disbarment or suspension, register as an unlawful detainer assistant.
This section shall become operative January 1, 2002.
SEC. 10. Section 6403 of the Business and Professions Code is
amended to read:
6403. (a) The application for registration of a natural person
shall contain all of the following statements about the applicant:
(1) Name, age, address, and telephone number.
(2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127.
(3) Whether he or she has been held liable in a civil action by
final judgment or consented to the entry of a stipulated judgment, if
the action alleged fraud, or the use of untrue or misleading
representations, or the use of an unfair, unlawful, or deceptive
business practice.
(b) The application for registration of a natural person
shall be accompanied by the display of personal identification, such
as a California driver's license, birth certificate, or other
identification acceptable to the county clerk to adequately determine
the identity of the applicant.
(c) The application for registration of a partnership or
corporation shall contain all of the following statements about the
applicant:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) Whether the general partners or officers have ever been
convicted of a felony.
(3) Whether the general partners or officers have ever been held
liable in a civil action by final judgment or have consented to the
entry of a stipulated judgment. If the action alleged fraud, whether
it involved the use of untrue or misleading representations, or the
use of an unfair, unlawful, or deceptive business practice.
(d) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.
SEC. 11. Section 6403 is added to the Business and Professions
Code, to read:
6403. (a) The application for registration of a natural person
shall contain all of the following statements about the applicant:
(1) Name, age, address, and telephone number.
(2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127.
(3) Whether he or she has been held liable in a civil action by
final judgment or consented to the entry of a stipulated judgment, if
the action alleged fraud, or the use of untrue or misleading
representations, or the use of an unfair, unlawful, or deceptive
business practice.
(b) The application for registration of a partnership or
corporation shall contain all of the following statements about the
applicant:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) Whether the general partners or officers have ever been
convicted of a felony.
(3) Whether the general partners or officers have ever been held
liable in a civil action by final judgment or have consented to the
entry of a stipulated judgment. If the action alleged fraud, whether
it involved the use of untrue or misleading representations, or the
use of an unfair, unlawful, or deceptive business practice.
(c) This section shall become operative January 1, 2002.
SEC. 12. Section 6405 of the Business and Professions Code is
amended to read:
6405. (a) A An application for a
certificate of registration shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) which is
executed by a corporate surety qualified to do business in this state
and conditioned upon compliance with this chapter. The total
aggregate liability on the bond shall be limited to twenty-five
thousand dollars ($25,000). The bond may be terminated pursuant to
Section 995.440 of, and Article 13 (commencing with Section 996.310)
of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b) The county clerk shall, upon filing of the bond, deliver the
bond forthwith to the county recorder for recording. The recording
fee specified in Section 27361 of the Government Code shall be paid
by the registrant. The fee may be paid to the county clerk, who
shall transmit it to the recorder.
(c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
(e) In lieu of the bond required by subdivision (a), a registrant
may deposit twenty-five thousand dollars ($25,000) in cash with the
county clerk.
(f) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to subdivision
(g) and the right of a person to recover against the bond or cash
deposit under Section 6412.
(g) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit. A judge of a municipal or superior court may
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit.
SEC. 6.
SEC. 13. Section 6407 of the Business and Professions Code
is amended to read:
6407. (a) The county clerk shall maintain a register of legal
document assistants, and a register of unlawful detainer
assistants, assign a unique number to each legal document
assistant, or unlawful detainer assistant, and issue an
identification card to each one. Additional cards for employees of
legal document assistants or unlawful detainer assistant
shall be issued upon the payment of ten dollars ($10) for each card.
Upon renewal of registration, the same number shall be assigned,
provided there is no lapse in the period of registration.
(b) The identification card shall be a card 31/2 inches by 21/4
inches, and shall contain at the top, the title "Legal Document
Assistant" or "Unlawful Detainer Assistant," as appropriate,
followed by the registrant's name, address, registration
number, date of expiration, and county of registration. It shall
also contain a photograph of the registrant in the lower left corner.
(c) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.
SEC. 14. Section 6407 is added to the Business and Professions
Code, to read:
6407. (a) The county clerk shall maintain a register of unlawful
detainer assistants, assign a unique number to each unlawful detainer
assistant, and issue an identification card to each one. Additional
cards for employees of unlawful detainer assistants shall be issued
upon the payment of ten dollars ($10) for each card. Upon renewal of
registration, the same number shall be assigned, provided there is
no lapse in the period of registration.
(b) The identification card shall be a card 31/2 inches by 21/4
inches, and shall contain at the top, the title "Unlawful Detainer
Assistant" followed by the registrant's name, address, registration
number, date of expiration, and county of registration. It shall
also contain a photograph of the registrant in the lower left corner.
(c) This section shall become operative January 1, 2002.
SEC. 7.
SEC. 15. Section 6408 of the Business and Professions Code
is amended to read:
6408. The registrant's registration number and county of
registration shall appear on any solicitation or advertisement, and
on the registrant's work product, including, but not limited to,
letterhead, business cards, correspondence, documents, forms, claims,
petitions, checks, receipts, money orders, pleadings, and other
papers relating to claims or actions.
This section shall remain in effect only until January 1, 2002, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2002, deletes or extends that date.
SEC. 16. Section 6408 is added to the Business and Professions
Code, to read:
6408. The registrant's registration number and county of
registration shall appear on any solicitation or advertisement, and
on the registrant's work product, including, but not limited to,
letterhead, correspondence, documents, forms, claims, petitions,
checks, receipts, money orders, pleadings, and other papers relating
to unlawful detainer claims or actions.
This section shall become operative January 1, 2002.
SEC. 8.
SEC. 17. Section 6409 of the Business and Professions Code
is amended to read:
6409. No legal document assistant or unlawful detainer
assistant shall retain in his or her possession original
documents of a client.
This section shall remain in effect only until January 1, 2002, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2002, deletes or extends that date.
SEC. 18. Section 6409 is added to the Business and Professions
Code, to read:
6409. No unlawful detainer assistant shall retain in his or her
possession original documents of a client.
This section shall become operative January 1, 2002.
SEC. 9.
SEC. 19. Section 6410 of the Business and Professions Code
is amended to read:
6410. (a) Every legal document assistant or unlawful
detainer assistant who enters into a contract or agreement with
a client to provide services shall, prior to providing any services,
provide the client with a written contract, the contents of which
shall be prescribed by regulations adopted by the Department of
Consumer Affairs.
(b) The written contract shall include provisions relating to the
following:
(1) The services to be performed.
(2) The costs of the services to be performed.
(3) There shall be printed on the face of the contract in 10-point
boldface type a statement that the legal document assistant or
unlawful detainer assistant is not an attorney and may not
perform the legal services that an attorney performs.
(c) The provisions of the written contract shall be stated both in
English and, if the client is non-English-speaking, in the language
of the client.
(d) Failure of a legal document assistant or unlawful
detainer assistant to comply with subdivisions (a), (b), and
(c) shall make the contract or agreement for services voidable at the
option of the client. Upon the voiding of the contract, the legal
document assistant or unlawful detainer assistant shall
immediately return in full any fees paid by the client.
(e) The client shall have the right to rescind the contract within
24 hours of the signing of the contract. Upon the voiding or
rescinding of the contract or agreement for services, the legal
document assistant or unlawful detainer assistant shall
immediately return to the client any fees paid by the client, except
fees for services that were actually, necessarily, and reasonably
performed on the client's behalf by the legal document assistant
or unlawful detainer assistant . The requirements of this
subdivision shall be conspicuously set forth in the written contract
in both English and, if the client is non-English-speaking, in the
language of the client.
(f) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.
SEC. 20. Section 6410 is added to the Business and Professions
Code, to read:
6410. (a) Every unlawful detainer assistant who enters into a
contract or agreement with a client to provide services shall, prior
to providing any services, provide the client with a written
contract, the contents of which shall be prescribed by regulations
adopted by the Department of Consumer Affairs.
(b) The written contract shall include provisions relating to the
following:
(1) The services to be performed.
(2) The costs of the services to be performed.
(3) There shall be printed on the face of the contract in 10-point
boldface type a statement that the unlawful detainer assistant is
not an attorney and may not perform the legal services that an
attorney performs.
(c) The provisions of the written contract shall be stated both in
English and, if the client is non-English-speaking, in the language
of the client.
(d) Failure of an unlawful detainer assistant to comply with the
provisions of subdivisions (a), (b), and (c) shall make the contract
or agreement for services voidable at the option of the client. Upon
the voiding of the contract, the unlawful detainer assistant shall
immediately return in full any fees paid by the client.
(e) The client shall have the right to rescind the contract within
24 hours of the signing of the contract. Upon the voiding or
rescinding of the contract or agreement for services, the unlawful
detainer assistant shall immediately return to the client any fees
paid by the client, except fees for services that were actually,
necessarily, and reasonably performed on the client's behalf by the
unlawful detainer assistant. The requirements of this subdivision
shall be conspicuously set forth in the written contract in both
English and, if the client is non-English-speaking, in the language
of the client.
(f) This section shall become operative January 1, 2002.
SEC. 10.
SEC. 21. Section 6411 of the Business and Professions Code
is amended to read:
6411. It is unlawful for any person engaged in the business or
acting in the capacity of a legal document assistant or unlawful
detainer assistant to do any of the following:
(a) Make false or misleading statements to a client while
providing services to that client.
(b) Make any guarantee or promise to a client, unless the
guarantee or promise is in writing and the legal document assistant
or unlawful detainer assistant has some basis for making
the guarantee or promise.
(c) Make any statement that the legal document assistant or
unlawful detainer assistant can or will obtain special favors
or has special influence with a court, or a state or federal agency.
(d) Provide assistance or advice which constitutes the unlawful
practice of law pursuant to Section 6125, 6126, or 6127.
(e) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.
SEC. 22. Section 6411 is added to the Business and Professions
Code, to read:
6411. It is unlawful for any person engaged in the business or
acting in the capacity of an unlawful detainer assistant to do any of
the following:
(a) Make false or misleading statements to a client while
providing services to that client.
(b) Make any guarantee or promise to a client, unless the
guarantee or promise is in writing and the unlawful detainer
assistant has some basis for making the guarantee or promise.
(c) Make any statement that the unlawful detainer assistant can or
will obtain special favors or has special influence with a court, or
a state or federal agency.
(d) Provide assistance or advice which constitutes the unlawful
practice of law pursuant to Section 6125, 6126, or 6127.
(e) This section shall become operative January 1, 2002.
SEC. 11.
SEC. 23. Section 6412 of the Business and Professions Code
is amended to read:
6412. (a) Any owner or manager of residential or commercial
rental property, tenant, or other person who is awarded damages in
any action or proceeding for injuries caused by the acts of a
registrant while in the performance of his or her duties as a legal
document assistant or unlawful detainer assistant may
recover damages from the bond or cash deposit required by Section
6405.
(b) Whenever there has been a recovery against a bond or cash
deposit under subdivision (a) and the registration has not been
revoked pursuant to Section 6413, the registrant shall file a new
bond or deposit an additional amount of cash within 30 days to
reinstate the bond or cash deposit to the amount required by Section
6405. If the registrant does not file a bond, or deposit this amount
within 30 days, his or her certificate of registration shall be
revoked.
(c) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.
SEC. 24. Section 6412 is added to the Business and Professions
Code, to read:
6412. (a) Any owner or manager of residential or commercial
rental property, tenant, or other person who is awarded damages in
any action or proceeding for injuries caused by the acts of a
registrant while in the
performance of his or her duties as an unlawful detainer assistant
may recover damages from the bond or cash deposit required by Section
6405.
(b) Whenever there has been a recovery against a bond or cash
deposit under subdivision (a) and the registration has not been
revoked pursuant to Section 6413, the registrant shall file a new
bond or deposit an additional amount of cash within 30 days to
reinstate the bond or cash deposit to the amount required by Section
6405. If the registrant does not file a bond, or deposit this amount
within 30 days, his or her certificate of registration shall be
revoked.
(c) This section shall become operative January 1, 2002.
SEC. 12.
SEC. 25. Section 6412.1 is added to the Business and
Professions Code, to read:
6412.1. (a) Any consumer person
injured by the unlawful act of a legal document assistant or
unlawful detainer assistant shall retain all rights and
remedies cognizable under law. Nothing in this chapter shall be
construed to limit an injured consumer's
person's right to bring a civil action for damages and any
other relief as may be appropriate in a court of general
jurisdiction.
(b) Any consumer person injured by a
violation of this chapter by a legal document assistant or
unlawful detainer assistant may file a complaint and seek
redress in any municipal or superior court for injunctive relief,
restitution, and damages. Attorney's fees shall be awarded to the
prevailing plaintiff.
(c) This section shall remain in effect only until January 1, 2002,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2002, deletes or extends that date.
SEC. 13.
SEC. 26. Section 6413 of the Business and Professions Code
is amended to read:
6413. The county clerk shall revoke the registration of a legal
document assistant or unlawful detainer assistant upon
receipt of an official document or record stating that the registrant
has been found guilty of the unauthorized practice of law pursuant
to Section 6125, 6126, or 6127, has been found guilty of a
misdemeanor violation of this chapter, or that a civil judgment has
been entered against the registrant in an action arising out of the
registrant's failure to properly perform his or her obligation as a
legal document assistant or unlawful detainer assistant .
The county clerk shall be given notice of the disposition in any
court action by the city attorney, district attorney, or plaintiff,
as applicable. A registrant whose registration is revoked pursuant
to this section may reapply for registration after one year.
This section shall remain in effect only until January 1, 2002, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2002, deletes or extends that date.
SEC. 27. Section 6413 is added to the Business and Professions
Code, to read:
6413. The county clerk shall revoke the registration of an
unlawful detainer assistant upon receipt of an official document or
record stating that the registrant has been found guilty of the
unauthorized practice of law pursuant to Section 6125, 6126, or 6127,
has been found guilty of a misdemeanor violation of this chapter, or
that a civil judgment has been entered against the registrant in an
action arising out of the registrant's failure to properly perform
his or her obligation as an unlawful detainer assistant. The county
clerk shall be given notice of the disposition in any court action by
the city attorney, district attorney, or plaintiff, as applicable.
A registrant whose registration is revoked pursuant to this section
may reapply for registration after one year.
This section shall become operative January 1, 2002.
SEC. 14.
SEC. 28. Section 6415 of the Business and Professions Code
is amended to read:
6415. A failure, by a person who engages in acts of a legal
document assistant or unlawful detainer assistant , to
comply with any of the requirements of Section 6402
6401.6, 6402, or 6408, or subdivision (a), (b),
or (c) of Section 6411 is punishable as a misdemeanor punishable by a
fine of not less than one thousand dollars ($1,000) or more than two
thousand dollars ($2,000), as to each client with respect to whom a
violation occurs, or imprisonment for not more than one year, or by
both that fine and imprisonment. Payment of restitution
to a client shall take precedence over payment of a fine.
SEC. 15. Section 6415.1 is added to the Business and Professions
Code, to read:
6415.1. Any person registered with a county clerk as an unlawful
detainer assistant prior to January 1, 1999, shall be considered a
legal document assistant as defined by this chapter without the need
to reregister with the county clerk or be issued a new identification
card for the valid period of registration. However, an unlawful
detainer assistant who is registered pursuant to this chapter prior
to January 1, 1999, may perform the additional duties authorized by
this chapter on and after January 1, 1999, only if the bond required
pursuant to Section 6405 reflects the nature of those expanded
duties.
SEC. 16. Section 6415.2 is added to the Business and Professions
Code, to read:
6415.2. This chapter shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
This section shall remain in effect only until January 1, 2002, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2002, deletes or extends that date.
SEC. 29. Section 6415 is added to the Business and Professions
Code, to read:
6415. A failure, by a person who engages in acts of an unlawful
detainer assistant, to comply with any of the requirements of Section
6402 or 6408, or subdivision (a), (b), or (c) of Section 6411 is
punishable as a misdemeanor punishable by a fine of not less than one
thousand dollars ($1,000) or more than two thousand dollars
($2,000), as to each client with respect to whom a violation occurs,
or imprisonment for not more than one year, or by both that fine and
imprisonment. Payment of restitution to a client shall take
precedence over payment of a fine.
This section shall become operative January 1, 2002.
SEC. 17.
SEC. 30. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB 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.