Bill Text: CA SB1356 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tribal gaming: compact ratification.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2014-09-09 - Chaptered by Secretary of State. Chapter 314, Statutes of 2014. [SB1356 Detail]

Download: California-2013-SB1356-Introduced.html

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BILL NUMBER: SB 1356	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        FEBRUARY 21, 2014

   An act to amend Section 17800 of, and to repeal Sections 17801 and
17802 of, the Business and Professions Code, and to amend Section
3496 of the Civil Code, relating to counterfeit goods.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1356, as introduced, Lieu. Counterfeit goods: abatement:
nonresidential premises.
   Existing law provides that, until January 1, 2015, if a person is
convicted for willfully manufacturing, intentionally selling, or
knowingly possessing for sale any counterfeit mark, then a
nonresidential building or place used by that person for the purpose
of willfully manufacturing, intentionally selling, or knowingly
possessing for sale any counterfeit of a registered mark is a
nuisance that shall be enjoined, abated, and prevented, whether it is
a public or private nuisance, and specified civil remedies may be
applied. Existing law requires that the owner of the property be
provided with 30 days notice prior to the filing of an action to
abate a nuisance under these provisions. Under existing law, a
district attorney, county counsel, city attorney, or city prosecutor
that maintains an action or actions to enjoin, abate, or prevent a
nuisance pursuant to these provisions was required to report to the
Legislature by October 1, 2013, on their use of the provisions and
their effectiveness.
   This bill instead would provide that any nonresidential building
or place used to willfully manufacture, intentionally sell, or
knowingly possess for sale any counterfeit goods shall be deemed a
nuisance which may be enjoined, abated, and prevented, and for which
damages may be recovered, whether it is a public or private nuisance,
and that specified civil penalties shall apply. The bill would
remove the requirement that the owner of the property be provided 30
days notice prior to the filing of an action to abate a nuisance
under these provisions, and also would delete the above-described
reporting requirements. It would repeal the date upon which the
remaining provisions would become inoperative, thus extending them
indefinitely.
    This bill would allow a court to award costs, including the costs
of investigation and discovery, and reasonable attorney's fees,
which are not compensated for pursuant to some other provision of
law, to the prevailing party in any case in which a governmental
agency seeks to enjoin the use of a nonresidential building or place,
or seeks to enjoin in or upon any nonresidential building or place
the unlawful manufacturing, selling, or possession for sale of any
counterfeit goods.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17800 of the Business and Professions Code is
amended to read:
   17800.  (a)  If there is a conviction for a violation of
Section 653w or paragraph (2) of subdivision (a) of Section 350 of
the Penal Code by any person, then a nonresidential   A
nonresidential  building or place used  by that person
 for the purpose of willfully manufacturing, intentionally
selling, or knowingly possessing for sale any counterfeit goods shall
be deemed a nuisance which may be enjoined, abated, and prevented,
and for which damages may be recovered, whether it is a public or
private nuisance. The remedies and procedures provided in Article 2
(commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of
the Penal Code  may   shall  be applied by
the court. For purposes of this section, an abatement under Section
11230 of the Penal Code is discretionary rather than mandatory and
may be for a period up to one year. 
   (b) An owner shall be provided with 30 days' notice prior to the
filing of an action to abate a nuisance under the provisions of this
section.  
   (c) 
    (b)  As used in this chapter, "counterfeit goods" means
(1) any counterfeit of a mark registered with the Secretary of State
or registered on the Principal Register of the United States Patent
and Trademark Office or (2) any recording or audiovisual work, the
cover, box, jacket, or label of which does not disclose the
information as specified in subdivision (a) of Section 653w of the
Penal Code.
  SEC. 2.  Section 17801 of the Business and Professions Code is
repealed. 
   17801.  A district attorney, county counsel, city attorney, or
city prosecutor that maintains an action or actions to enjoin, abate,
or prevent a nuisance pursuant to the provisions of this chapter
shall report to the Senate and Assembly Committees on Judiciary, by
October 1, 2013, on their use of the provisions of this chapter and
their effectiveness. The report shall include, but not be limited to,
all of the following:
   (a) The frequency of use of the nuisance abatement provisions as
well as statistics on whether the use of the abatement provisions
correlates with a decrease in the use of criminal penalties.
   (b) Any statistics or information concerning the impact of the use
of these provisions on counterfeiting overall, both in the relevant
county or city and overall. 
  SEC. 3.  Section 17802 of the Business and Professions Code is
repealed. 
   17802.  This chapter shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
  SEC. 4.  Section 3496 of the Civil Code is amended to read:
   3496.  In any of the following described cases, the court may
award costs, including the costs of investigation and discovery, and
reasonable attorney's fees, which are not compensated for pursuant to
some other provision of law, to the prevailing party:
   (a) In any case in which a governmental agency seeks to enjoin the
sale, distribution, or public exhibition, for commercial
consideration, of obscene matter, as defined in Section 311 of the
Penal Code.
   (b) In any case in which a governmental agency seeks to enjoin the
use of a building or place for the purpose of illegal gambling,
lewdness, assignation, human trafficking, or prostitution; or any
case in which a governmental agency seeks to enjoin acts of illegal
gambling, lewdness, assignation, human trafficking, or prostitution
in or upon a building or place, as authorized in Article 2
(commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of
the Penal Code.
   (c) In any case in which a governmental agency seeks to enjoin the
use of a building or place, or seeks to enjoin in or upon any
building or place the unlawful sale, manufacture, service, storage,
or keeping or giving away of any controlled substance, as authorized
in Article 3 (commencing with Section 11570) of Chapter 10 of
Division 10 of the Health and Safety Code.
   (d) In any case in which a governmental agency seeks to enjoin the
unlawful sale, service, storage, or keeping or giving away of
alcoholic liquor, as authorized in Article 1 (commencing with Section
11200) of Chapter 3 of Title 1 of Part 4 of the Penal Code. 
   (e) In any case in which a governmental agency seeks to enjoin the
use of a nonresidential building or place, or seeks to enjoin in or
upon any nonresidential building or place the unlawful manufacturing,
selling, or possession for sale of any counterfeit goods as
authorized in Chapter 4 (commencing with Section 17800) of Part 3 of
Division 7 of the Business and Professions Code or Section 11226 of
the Penal Code.