California 2013-2014 Regular Session Status: To Executive

AB 888 — State Bar of California: enforcement actions.

Last action — Last day to consider Governor's veto pursuant to Joint Rule 58.5.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law prohibits a person from practicing law in California, or from advertising or holding himself or herself out as practicing law, unless the person is an active member of the State Bar, or otherwise authorized, as specified, to practice law in this state. A violation of these provisions is a crime. This bill would, for violations of the above-described provisions, require the State Bar to disclose, in confidence, the information in its investigation to the agency responsible for the criminal enforcement of these provisions or exchange that information with that agency. This bill would authorize the State Bar to request the Attorney General, a district attorney, or a city attorney acting as a local prosecutor, to bring an enforcement action or bring a civil action in its own name, as specified. The bill would require the court, in a civil enforcement action by the State Bar for the unlawful practice of law, to impose a civil penalty not to exceed $2,500, to be paid to the State Bar. The bill would require the court to impose a civil penalty not to exceed $6,000 for the intentional violation of any injunction prohibiting the unlawful practice of law. The bill would specify that if the conduct constituting the intentional violation is of a continuing nature, each day of that conduct shall be deemed a separate and distinct violation. The bill would, in determining the amount of the civil penalty to be assessed for these violations, require the court to consider any relevant circumstances, as specified. The bill would require the court to consider, when applicable, additional relief provided under existing law and to award reasonable attorney's fees and costs, as specified. The bill would require any penalty collected pursuant to these provisions to be paid into the treasury of the State Bar and used for specified purposes. (2) Existing law requires the State Bar to issue an Annual Discipline Report by April 30 of each year describing the performance and condition of the State Bar discipline system during the preceding calendar year, as specified. This bill would additionally require the State Bar to annually report, by April 30 of each year, the number of complaints of the unauthorized practice of law received, requests for enforcement actions made to the Attorney General, a district attorney, or a city attorney acting as a local prosecutor pursuant to the provisions described in (1) above, and other unlawful practice of law proceedings filed by the State Bar, as specified, during the preceding calendar year. The bill would also require the report to include an accounting of any penalties collected pursuant to the provisions described in (1) above, and any expenditure of those funds, during the preceding calendar year. The bill would require the report to be made to the Assembly and Senate Committees on Judiciary and would authorize the information required by the report to be included in the Annual Discipline Report described above. (3) Existing law makes a person who engages in unfair competition, as defined, liable for a civil penalty not to exceed $2,500 dollars for each violation and requires that this penalty be assessed and recovered in a civil action brought in the name of the people of the State of California by specified persons in any court of competent jurisdiction. Existing law requires a court, for an unfair competition action brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, to determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action, and provides for the reimbursement of these expenses, as specified. This bill would similarly require the court, for an action brought at the request of the State Bar of California, to determine the reasonable expenses incurred by the State Bar in the investigation and prosecution of the action and provide for the reimbursement of these expenses. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 4:30 p.m.

  5. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 1. Page 3214.).

  6. Assembly Rule 77 suspended. (Page 3195.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.

  8. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 2312.).

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 6. Noes 1.) (June 25).

  15. Referred to Com. on JUD.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1384.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered to second reading.

  20. From committee: Do pass as amended. (Ayes 10. Noes 0.) (May 7).

  21. Re-referred to Com. on JUD.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  23. Referred to Com. on JUD.

  24. Read first time.

  25. From printer. May be heard in committee March 26.

  26. Introduced. To print.

Sponsors

  • Dickinson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Dickinson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB888 Dickinson By Evans

Passed 36 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33102
Democratic 3000
Total 36102
% of votes cast 92%3%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Lieu — Yea
Nielsen — Yea
Steinberg — Yea
Wright — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Wyland — Yea
Fuller — Yea
Cannella — Yea
De León — Not Voting
Hill — Yea
Hueso — Yea
Corbett — Yea
Knight — Yea
Lara — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Walters — Not Voting
Wolk — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 888 DICKINSON Concurrence - Urgency Added

Passed 77 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70100
Democratic 4000
Republican 3000
Total 77100
% of votes cast 99%1%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Linder — Yea
Mansoor — Yea
Nazarian — Yea
Wagner — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Gatto — Yea
Chesbro — Yea
Bigelow — Yea
Donnelly — Nay
Levine — Yea
Maienschein — Yea
Melendez — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Waldron — Yea
Williams — Yea
Frazier — Yea
Gordon — Yea
Gorell — Yea
Campos — Yea
Hagman — Yea
Hall — Yea
Allen — Yea
Chau — Yea
Bonilla — Yea
Holden — Yea
Logue — Yea
Medina — Yea
Gray — Yea
Morrell — Yea
Mitchell — Yea
Alejo — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Mullin — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Democratic 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Anderson — Nay
Leno — Yea
Monning — Yea
Walters — Yea
Corbett — Yea
Evans — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 888 DICKINSON Assembly Third Reading

Passed 74 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 64004
Democratic 6001
Republican 4000
Total 74005
% of votes cast 94%0%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Morrell — Yea
Nestande — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Hagman — Yea
Logue — Yea
Nazarian — Yea
Stone — Yea
Gray — Yea
Atkins — Yea
Waldron — Yea
Bigelow — Yea
Daly — Yea
Mitchell — Yea
Campos — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Bocanegra — Yea
Hall — Yea
John A. Pérez — Yea
Harkey — Yea
Salas — Yea
Holden — Not Voting
Jones-Sawyer — Yea
Chau — Yea
Levine — Yea
Chesbro — Yea
Lowenthal — Not Voting
Medina — Yea
Melendez — Yea
Mullin — Yea
Chávez — Yea
Olsen — Yea
Ammiano — Not Voting
Conway — Yea
Cooley — Yea
Donnelly — Not Voting
Eggman — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Gorell — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Wagner — Yea
Dickinson — Yea
Stone — Yea
Maienschein — Yea
Chau — Yea
Wieckowski — Yea
Gorell — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does AB 888 do?
(1) Existing law prohibits a person from practicing law in California, or from advertising or holding himself or herself out as practicing law, unless the person is an active member of the State Bar, or otherwise authorized, as specified, to practice law in this state. A violation of these provisions is a crime. This bill would, for violations of the above-described provisions, require the State Bar to disclose, in confidence, the information in its investigation to the agency responsible for the criminal enforcement of these provisions or exchange that information with that agency. This bill would authorize the State Bar to request the Attorney General, a district attorney, or a city attorney acting as a local prosecutor, to bring an enforcement action or bring a civil action in its own name, as specified. The bill would require the court, in a civil enforcement action by the State Bar for the unlawful practice of law, to impose a civil penalty not to exceed $2,500, to be paid to the State Bar. The bill would require the court to impose a civil penalty not to exceed $6,000 for the intentional violation of any injunction prohibiting the unlawful practice of law. The bill would specify that if the conduct constituting the intentional violation is of a continuing nature, each day of that conduct shall be deemed a separate and distinct violation. The bill would, in determining the amount of the civil penalty to be assessed for these violations, require the court to consider any relevant circumstances, as specified. The bill would require the court to consider, when applicable, additional relief provided under existing law and to award reasonable attorney's fees and costs, as specified. The bill would require any penalty collected pursuant to these provisions to be paid into the treasury of the State Bar and used for specified purposes. (2) Existing law requires the State Bar to issue an Annual Discipline Report by April 30 of each year describing the performance and condition of the State Bar discipline system during the preceding calendar year, as specified. This bill would additionally require the State Bar to annually report, by April 30 of each year, the number of complaints of the unauthorized practice of law received, requests for enforcement actions made to the Attorney General, a district attorney, or a city attorney acting as a local prosecutor pursuant to the provisions described in (1) above, and other unlawful practice of law proceedings filed by the State Bar, as specified, during the preceding calendar year. The bill would also require the report to include an accounting of any penalties collected pursuant to the provisions described in (1) above, and any expenditure of those funds, during the preceding calendar year. The bill would require the report to be made to the Assembly and Senate Committees on Judiciary and would authorize the information required by the report to be included in the Annual Discipline Report described above. (3) Existing law makes a person who engages in unfair competition, as defined, liable for a civil penalty not to exceed $2,500 dollars for each violation and requires that this penalty be assessed and recovered in a civil action brought in the name of the people of the State of California by specified persons in any court of competent jurisdiction. Existing law requires a court, for an unfair competition action brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, to determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action, and provides for the reimbursement of these expenses, as specified. This bill would similarly require the court, for an action brought at the request of the State Bar of California, to determine the reasonable expenses incurred by the State Bar in the investigation and prosecution of the action and provide for the reimbursement of these expenses. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 888?
AB 888 is sponsored by Dickinson.
What is the current status of AB 888?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 888?
Track AB 888 free on One Click Politics — get push/email alerts when it moves.

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