Bill Text: CA SB238 | 2011-2012 | Regular Session | Chaptered
Bill Title: Athlete agents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 146, Statutes of 2011. [SB238 Detail]
Download: California-2011-SB238-Chaptered.html
BILL NUMBER: SB 238 CHAPTERED
BILL TEXT
CHAPTER 146
FILED WITH SECRETARY OF STATE AUGUST 1, 2011
APPROVED BY GOVERNOR AUGUST 1, 2011
PASSED THE SENATE MAY 16, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE APRIL 13, 2011
INTRODUCED BY Senator De León
FEBRUARY 9, 2011
An act to amend Section 18897.93 of the Business and Professions
Code, and to add Section 802.5 to the Penal Code, relating to athlete
agents.
LEGISLATIVE COUNSEL'S DIGEST
SB 238, De León. Athlete agents.
Existing law, the Miller-Ayala Athlete Agents Act, regulates
specified activities of an athlete agent in representing or seeking
to represent student athletes and professional athletes, and
authorizes certain civil remedies for its violation. The act also
makes a violation of its provisions a misdemeanor offense and
authorizes the court to suspend or revoke the privilege of a person
to conduct the business of an athlete agent if the person is
convicted of a violation of the act.
This bill would, instead, require the court to suspend, or where
appropriate, revoke the privilege of a person to conduct the business
of an athlete agent if the person is convicted of a violation of the
act. The bill would also require the court to order an athlete agent
or an athlete agent's representative or employee to disgorge all
consideration received in connection with a violation of the act, and
would specify the distribution of those disgorged moneys.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18897.93 of the Business and Professions Code
is amended to read:
18897.93. (a) An athlete agent or athlete agent's representative
or employee who violates any provision of this chapter is guilty of a
misdemeanor, and shall be punished by a fine of not more than fifty
thousand dollars ($50,000), or imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(b) The court shall suspend for a period of not less than one year
or, where appropriate, revoke the privilege of any person convicted
of a violation of this chapter to conduct the business of an athlete
agent. In deciding whether to suspend or revoke the privilege to
conduct the business of an athlete agent, the court shall consider
any one or more of the relevant circumstances presented by any of the
parties to the case, including, but not limited to, the nature and
seriousness of the misconduct, the number of violations, the
persistence of the misconduct, the length of time over which the
misconduct occurred, and the willfulness of the defendant's
misconduct.
(c) (1) Upon conviction of any provision of Article 3 (commencing
with Section 18897.6), the court shall, in addition to any punishment
imposed under subdivision (a), order an athlete agent or athlete
agent's representative or employee to disgorge all consideration
received in connection with the violation.
(2) (A) If an action under this section is brought by the Attorney
General, the moneys collected shall be paid to the General Fund.
(B) If the action is brought by a district attorney, two-thirds of
the moneys collected shall be paid to the treasurer of the county in
which the judgment was entered and one-third shall be paid to the
General Fund.
(C) If the action is brought by a prosecuting city attorney,
two-thirds of the moneys collected shall be paid to the treasurer of
the city in which the judgment was entered and one-third shall be
paid to the General Fund.
SEC. 2. Section 802.5 is added to the Penal Code, to read:
802.5. Notwithstanding Section 802 or any other provision of law,
prosecution for the offense described in Section 18897.93 of the
Business and Professions Code shall be commenced within three years
after discovery of the commission of the offense.
