639-653.2
PENAL CODE
SECTION 639-653.2
639. Every person who gives, offers, or agrees to give to any
director, officer, or employee of a financial institution any
emolument, gratuity, or reward, or any money, property, or thing of
value for his own personal benefit or of personal advantage, for
procuring or endeavoring to procure for any person a loan or
extension of credit from such financial institution is guilty of a
felony.
As used in this section and Section 639a, "financial institution"
means any person or persons engaged in the business of making loans
or extending credit or procuring the making of loans or extension of
credit, including, but not limited to, state and federal banks,
savings and loan associations, trust companies, industrial loan
companies, personal property brokers, consumer finance lenders,
commercial finance lenders, credit unions, escrow companies, title
insurance companies, insurance companies, small business investment
companies, pawnbrokers, and retirement funds.
As used in this section and Section 639a the word "person"
includes any person, firm, partnership, association, corporation,
limited liability company, company, syndicate, estate, trust,
business trust, or organization of any kind.
639a. Any officer, director or employee of a financial institution
who asks, receives, consents, or agrees to receive any commission,
emolument, gratuity, or reward or any money, property, or thing of
value for his own personal benefit or of personal advantage for
procuring or endeavoring to procure for any person a loan from such
financial institution is guilty of a felony.
640. (a) (1) Any of the acts described in paragraphs (1) to (5),
inclusive, of subdivision (b) is an infraction punishable by a fine
not to exceed two hundred fifty dollars ($250) and by community
service for a total time not to exceed 48 hours over a period not to
exceed 30 days, during a time other than during the violator's hours
of school attendance or employment. Any of the acts described in
paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or
second violation, is an infraction punishable by a fine not to
exceed two hundred fifty dollars ($250) and by community service for
a total time not to exceed 48 hours over a period not to exceed 30
days, during a time other than during the violator's hours of school
attendance or employment. A third or subsequent violation of any of
the acts described in paragraphs (1) to (3), inclusive, of
subdivision (c) is a misdemeanor punishable by a fine of not more
than four hundred dollars ($400) or by imprisonment in a county jail
for a period of not more than 90 days, or by both that fine and
imprisonment. Any of the acts described in subdivision (d) shall be
punishable by a fine of not more than four hundred dollars ($400), by
imprisonment in a county jail for a period of not more than 90 days,
or by both that fine and imprisonment.
(2) This section shall apply only to acts committed on or in a
facility or vehicle of a public transportation system.
(b) (1) Eating or drinking in or on a system facility or vehicle
in areas where those activities are prohibited by that system.
(2) Disturbing another person by loud or unreasonable noise.
(3) Smoking in or on a system facility or vehicle in areas where
those activities are prohibited by that system.
(4) Expectorating upon a system facility or vehicle.
(5) Skateboarding, roller skating, bicycle riding, roller blading,
or operating a motorized scooter or similar device, as defined in
Section 407.5 of the Vehicle Code in a system facility, vehicle, or
parking structure. This paragraph does not apply to an activity that
is necessary for utilization of the transit facility by a bicyclist,
including, but not limited to, an activity that is necessary for
parking a bicycle or transporting a bicycle aboard a transit vehicle,
if that activity is conducted with the permission of the transit
agency in a manner that does not interfere with the safety of the
bicyclist or other patrons of the transit facility.
(c) (1) Evasion of the payment of a fare of the system. For
purposes of this section, fare evasion includes entering an enclosed
area of a public transit facility beyond posted signs prohibiting
entrance without obtaining valid fare, in addition to entering a
transit vehicle without valid fare.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket, in
accordance with Section 99155 of the Public Utilities Code and posted
system identification policies when entering or exiting a transit
station or vehicle. Acceptable proof of eligibility must be clearly
defined in the posting.
(B) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, any citation
issued shall be held for a period of 72 hours to allow the user to
produce acceptable proof. If the proof is provided, the citation
shall be voided. If the proof is not produced within that time
period, the citation shall be processed.
(d) (1) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(2) Carrying an explosive, acid, or flammable liquid in a public
transit facility or vehicle.
(3) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not apply to a
person who cannot comply with this paragraph as a result of a
disability, age, or a medical condition.
(4) Willfully blocking the free movement of another person in a
system facility or vehicle. This paragraph shall not be interpreted
to affect any lawful activities permitted or First Amendment rights
protected under the laws of this state or applicable federal law,
including, but not limited to, laws related to collective bargaining,
labor relations, or labor disputes.
(5) Willfully tampering with, removing, displacing, injuring, or
destroying any part of any facility or vehicle of a public
transportation system.
(e) Notwithstanding subdivision (a), the City and County of San
Francisco, the Los Angeles County Metropolitan Transportation
Authority, the Santa Clara Valley Transportation Authority, the
Sacramento Regional Transit District, Long Beach Transit, Foothill
Transit, and the Alameda-Contra Costa Transit District may enact and
enforce an ordinance providing that any of the acts described in
subdivision (b) or (c) on or in a facility or vehicle described in
subdivision (a) for which the City and County of San Francisco, the
Los Angeles County Metropolitan Transportation Authority, the Santa
Clara Valley Transportation Authority, the Sacramento Regional
Transit District, Long Beach Transit, Foothill Transit, or the
Alameda-Contra Costa Transit District has jurisdiction shall be
subject only to an administrative penalty imposed and enforced in a
civil proceeding. The ordinance for imposing and enforcing the
administrative penalty shall be governed by Chapter 8 (commencing
with Section 99580) of Part 11 of Division 10 of the Public Utilities
Code and shall not apply to minors.
(f) For purposes of this section, a "facility or vehicle of a
public transportation system" means any of the following:
(1) A facility or vehicle of a public transportation system as
defined by Section 99211 of the Public Utilities Code.
(2) A facility of, or vehicle operated by any entity subsidized
by, the Department of Transportation.
(3) A leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incurs costs of cleanup,
repair, or replacement as a result of any of those acts.
640.2. (a) Any person who stamps, prints, places, or inserts any
writing in or on any product or box, package, or other container
containing a consumer product offered for sale is guilty of a
misdemeanor.
(b) This section does not apply if the owner or manager of the
premises where the product is stored or sold, or his or her designee,
or the product manufacturer or authorized distributor or retailer of
the product consents to the placing or inserting of the writing.
(c) As used in this section, "writing" means any form of
representation or communication, including handbills, notices, or
advertising, that contains letters, words, or pictorial
representations.
640.5. (a) (1) Any person who defaces with graffiti or other
inscribed material the interior or exterior of the facilities or
vehicles of a governmental entity, as defined by Section 811.2 of the
Government Code, or the interior or exterior of the facilities or
vehicles of a public transportation system as defined by Section
99211 of the Public Utilities Code, or the interior or exterior of
the facilities of or vehicles operated by entities subsidized by the
Department of Transportation or the interior or exterior of any
leased or rented facilities or vehicles for which any of the above
entities incur costs of less than two hundred fifty dollars ($250)
for cleanup, repair, or replacement is guilty of an infraction,
punishable by a fine not to exceed one thousand dollars ($1,000) and
by a minimum of 48 hours of community service for a total time not to
exceed 200 hours over a period not to exceed 180 days, during a time
other than his or her hours of school attendance or employment. This
subdivision does not preclude application of Section 594.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, to keep a specified property in the community
free of graffiti for 90 days. Participation of a parent or guardian
is not required under this paragraph if the court deems this
participation to be detrimental to the defendant, or if the parent or
guardian is a single parent who must care for young children.
(b) (1) If the person has been convicted previously of an
infraction under subdivision (a) or has a prior conviction of Section
594, 594.3, 594.4, 640.6, or 640.7, the offense is a misdemeanor,
punishable by imprisonment in a county jail not to exceed six months,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine. As a condition of probation, the court
shall order the defendant to perform a minimum of 96 hours of
community service not to exceed 400 hours over a period not to exceed
350 days during a time other than his or her hours of school
attendance or employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 180 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(c) (1) Every person who, having been convicted previously under
this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any
combination of these offenses, on two separate occasions, and having
been incarcerated pursuant to a sentence, a conditional sentence, or
a grant of probation for at least one of the convictions, is
subsequently convicted under this section, shall be punished by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed three thousand dollars ($3,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 600
hours over a period not to exceed 480 days during a time other than
his or her hours of school attendance or employment.
(2) In lieu of the community service that may be ordered pursuant
to paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 240 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(d) (1) Upon conviction of any person under subdivision (a), the
court, in addition to any punishment imposed pursuant to subdivision
(a), (b), or (c), at the victim's option, may order the defendant to
perform the necessary labor to clean up, repair, or replace the
property damaged by that person.
(2) If a minor is personally unable to pay any fine levied for
violating subdivision (a), (b), or (c), the parent or legal guardian
of the minor shall be liable for payment of the fine. A court may
waive payment of the fine or any part thereof by the parent or legal
guardian upon a finding of good cause.
(e) Any fine levied for a violation of subdivision (a), (b), or
(c) shall be credited by the county treasurer pursuant to Section
1463.29 to the governmental entity having jurisdiction over, or
responsibility for, the facility or vehicle involved, to be used for
removal of the graffiti or other inscribed material or replacement or
repair of the property defaced by the graffiti or other inscribed
material. Before crediting these fines to the appropriate
governmental entity, the county may determine the administrative
costs it has incurred pursuant to this section, and retain an amount
equal to those costs.
Any community service which is required pursuant to subdivision
(a), (b), or (c) of a person under the age of 18 years may be
performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
(f) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a), (b), (c), or
(d) to undergo counseling.
640.6. (a) (1) Except as provided in Section 640.5, any person who
defaces with graffiti or other inscribed material any real or
personal property not his or her own, when the amount of the
defacement, damage, or destruction is less than two hundred fifty
dollars ($250), is guilty of an infraction, punishable by a fine not
to exceed one thousand dollars ($1,000). This subdivision does not
preclude application of Section 594.
In addition to the penalty set forth in this section, the court
shall order the defendant to perform a minimum of 48 hours of
community service not to exceed 200 hours over a period not to exceed
180 days during a time other than his or her hours of school
attendance or employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, to keep a specified property in the community
free of graffiti for 90 days. Participation of a parent or guardian
is not required under this paragraph if the court deems this
participation to be detrimental to the defendant, or if the parent or
guardian is a single parent who must care for young children.
(b) (1) If the person has been convicted previously of an
infraction under subdivision (a) or has a prior conviction of Section
594, 594.3, 594.4, 640.5, or 640.7, the offense is a misdemeanor,
punishable by not to exceed six months in a county jail, by a fine
not to exceed two thousand dollars ($2,000), or by both that
imprisonment and fine. As a condition of probation, the court shall
order the defendant to perform a minimum of 96 hours of community
service not to exceed 400 hours over a period not to exceed 350 days
during a time other than his or her hours of school attendance or
employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 180 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(c) (1) Every person who, having been convicted previously under
this section or Section 594, 594.3, 594.4, 640.5, or 640.7, or any
combination of these offenses, on two separate occasions, and having
been incarcerated pursuant to a sentence, a conditional sentence, or
a grant of probation for at least one of the convictions, is
subsequently convicted under this section, shall be punished by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed three thousand dollars ($3,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 600
hours over a period not to exceed 480 days during a time other than
his or her hours of school attendance or employment.
(2) In lieu of the community service that may be ordered pursuant
to paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 240 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(d) Upon conviction of any person under subdivision (a), the
court, in addition to any punishment imposed pursuant to subdivision
(a), (b), or (c), at the victim's option, may order the defendant to
perform the necessary labor to clean up, repair, or replace the
property damaged by that person.
(e) If a minor is personally unable to pay any fine levied for
violating subdivision (a), (b), or (c), the parent or legal guardian
of the minor shall be liable for payment of the fine. A court may
waive payment of the fine or any part thereof by the parent or legal
guardian upon a finding of good cause.
Any community service which is required pursuant to subdivision
(a), (b), or (c) of a person under the age of 18 years may be
performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
(f) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a), (b), (c), or
(d) to undergo counseling.
640.7. Any person who violates Section 594, 640.5, or 640.6 on or
within 100 feet of a highway, or its appurtenances, including, but
not limited to, guardrails, signs, traffic signals, snow poles, and
similar facilities, excluding signs naming streets, is guilty of a
misdemeanor, punishable by imprisonment in a county jail not
exceeding six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. A second conviction
is punishable by imprisonment in a county jail not exceeding one
year, or by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
640.8. Any person who violates Section 594, 640.5, or 640.6, on a
freeway, or its appurtenances, including sound walls, overpasses,
overpass supports, guardrails, signs, signals, and other traffic
control devices, is guilty of a misdemeanor, punishable by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed five thousand dollars ($5,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 480
hours over a period not to exceed 420 days during a time other than
his or her hours of school attendance or employment.
640a. 1. Any person who shall knowingly and wilfully operate, or
cause to be operated, or who shall attempt to operate, or attempt to
cause to be operated, any automatic vending machine, slot machine or
other receptacle designed to receive lawful coin of the United States
of America in connection with the sale, use or enjoyment of property
or service, by means of a slug or any false, counterfeited,
mutilated, sweated or foreign coin, or by any means, method, trick or
device whatsoever not lawfully authorized by the owner, lessee or
licensee of such machine or receptacle, or who shall take, obtain or
receive from or in connection with any automatic vending machine,
slot machine or other receptacle designed to receive lawful coin of
the United States of America in connection with the sale, use or
enjoyment of property or service, any goods, wares, merchandise, gas,
electric current, article of value, or the use or enjoyment of any
musical instrument, phonograph or other property, without depositing
in and surrendering to such machine or receptacle lawful coin of the
United States of America to the amount required therefor by the
owner, lessee or licensee of such machine or receptacle shall be
guilty of a misdemeanor.
2. Any person who, with intent to cheat or defraud the owner,
lessee, licensee or other person entitled to the contents of any
automatic vending machine, slot machine or other receptacle,
depository or contrivance designed to receive lawful coin of the
United States of America in connection with the sale, use or
enjoyment of property or service, or who, knowing or having cause to
believe that the same is intended for unlawful use, shall manufacture
for sale, or sell or give away any slug, device or substance
whatsoever intended or calculated to be placed or deposited in any
such automatic vending machine, slot machine or other such
receptacle, depository or contrivance, shall be guilty of a
misdemeanor.
640b. 1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to be operated, attempt to operate, or attempt
to cause to be operated, any coin-box telephone by means of any slug
or any false, counterfeited, mutilated, sweated or foreign coin, or
by any means, method, trick or device whatsoever not lawfully
authorized by such owner, lessee or licensee, or any person who,
knowingly, wilfully and with intent to defraud the owner, lessee or
licensee of any coin-box telephone, shall take, obtain or receive
from or in connection with any such coin-box telephone, the use or
enjoyment of any telephone or telegraph facilities or service,
without depositing in or surrendering to such coin-box telephone
lawful coin of the United States of America to the amount required
therefor by such owner, lessee or licensee, shall be guilty of a
misdemeanor.
2. Any person who, with the intent to cheat or defraud the owner,
lessee or licensee or other person entitled to the contents of any
coin-box telephone, or who, knowing or having cause to believe that
the same is intended for unlawful use, shall manufacture for sale, or
sell or give away any slug, device or substance whatsoever intended
or calculated to be placed or deposited in any such coin-box
telephone, shall be guilty of a misdemeanor.
641. Every person who, by the payment or promise of any bribe,
inducement, or reward, procures or attempts to procure any telegraph
or telephone agent, operator, or employee to disclose any private
message, or the contents, purport, substance, or meaning thereof, or
offers to any agent, operator, or employee any bribe, compensation,
or reward for the disclosure of any private information received by
him or her by reason of his or her trust as agent, operator, or
employee, or uses or attempts to use any information so obtained, is
punishable as provided in Section 639.
641.3. (a) Any employee who solicits, accepts, or agrees to accept
money or any thing of value from a person other than his or her
employer, other than in trust for the employer, corruptly and without
the knowledge or consent of the employer, in return for using or
agreeing to use his or her position for the benefit of that other
person, and any person who offers or gives an employee money or any
thing of value under those circumstances, is guilty of commercial
bribery.
(b) This section does not apply where the amount of money or
monetary worth of the thing of value is two hundred fifty dollars
($250) or less.
(c) Commercial bribery is punishable by imprisonment in the county
jail for not more than one year if the amount of the bribe is one
thousand dollars ($1,000) or less, or by imprisonment in the county
jail, or in the state prison for 16 months, or two or three years if
the amount of the bribe exceeds one thousand dollars ($1,000).
(d) For purposes of this section:
(1) "Employee" means an officer, director, agent, trustee,
partner, or employee.
(2) "Employer" means a corporation, association, organization,
trust, partnership, or sole proprietorship.
(3) "Corruptly" means that the person specifically intends to
injure or defraud (A) his or her employer, (B) the employer of the
person to whom he or she offers, gives, or agrees to give the money
or a thing of value, (C) the employer of the person from whom he or
she requests, receives, or agrees to receive the money or a thing of
value, or (D) a competitor of any such employer.
641.4. (a) An employee of a title insurer, underwritten title
company, or controlled escrow company who corruptly violates Section
12404 of the Insurance Code by paying, directly or indirectly, a
commission, compensation, or other consideration to a licensee, as
defined in Section 10011 of the Business and Professions Code, or a
licensee who corruptly violates Section 10177.4 of the Business and
Professions Code by receiving from an employee of a title insurer,
underwritten title company, or controlled escrow company a
commission, compensation, or other consideration, as an inducement
for the placement or referral of title business, is guilty of
commercial bribery.
(b) For purposes of this section, commercial bribery is punishable
by imprisonment in a county jail for not more than one year, or by a
fine of ten thousand dollars ($10,000) for each unlawful
transaction, or by both a fine and imprisonment.
(c) For purposes of this section, "title business" has the same
meaning as that used in Section 12404 of the Insurance Code.
(d) This section shall not preclude prosecution under any other
law.
(e) This section shall not be construed to supersede or affect
Section 641.3. A person may be charged with a violation of this
section and Section 641.3. However, a defendant may not be punished
under this section and Section 641.3 for the same act that
constitutes a violation of both this section and Section 641.3.
641.5. (a) In any clothes cleaning establishment in which more than
one gallon of a volatile, commercially moisture-free solvent of the
chlorinated hydrocarbon type is used for dry cleaning, the
performance of all the dry cleaning, drying, and deodorizing
processes shall be completed entirely within fluid-tight machines or
apparatus vented to the open air at a point not less than eight feet
from any window or other opening and so used and operated as to
prevent the escape of fumes, gases, or vapors into workrooms or
workplaces.
(b) Except when operations are performed as provided in
subdivision (a), no person shall operate a clothes cleaning
establishment in which more than one gallon of a volatile,
commercially moisture-free solvent of the chlorinated hydrocarbon
type is used for dry cleaning except under either of the following
conditions:
(1) All of the dry cleaning, drying, and deodorizing processes are
performed in a single room or compartment designed and ventilated in
such a manner that dangerous toxic concentrations of vapors will not
accumulate in working areas.
(2) The dry cleaning processes are performed in fluid-tight
machines or apparatus designed, installed, and operated in a manner
that will prevent the escape of dangerous toxic concentrations of
vapors to the working areas.
(c) "Volatile, commercially moisture-free solvent" means either of
the following:
(1) Any commercially moisture-free liquid, volatile product or
substance having the capacity to evaporate and, during evaporation,
to generate and emit a gas or vapor.
(2) Any solvent commonly known to the clothes cleaning industry as
a "chlorinated hydrocarbon solvent."
(d) Any violation of this section is a misdemeanor.
641.6. Notwithstanding any other provision of law, no person
engaged in the business of dry cleaning shall use carbon
tetrachloride or trichlorethylene as a cleaning agent when engaged in
onsite dry cleaning. For purposes of this section, "onsite dry
cleaning" means dry cleaning which is performed in a residence or any
commercial or public building other than a clothes cleaning
establishment or plant. A violation of this section is a misdemeanor.
642. Every person who wilfully and maliciously removes and keeps
possession of and appropriates for his own use articles of value from
a dead human body, the theft of which articles would be petty theft
is guilty of a misdemeanor, or if the theft of the articles would be
grand theft, a felony. This section shall not apply to articles
removed at the request or direction of one of the persons enumerated
in section 7111 of the Health and Safety Code.
643. No person knowingly shall dispose of fetal remains in a public
or private dump, refuse, or disposal site or place open to public
view. For the purposes of this section, "fetal remains" means the
lifeless product of conception regardless of the duration of the
pregnancy.
Any violation of this section is a misdemeanor.
645. (a) Any person guilty of a first conviction of any offense
specified in subdivision (c), where the victim has not attained 13
years of age, may, upon parole, undergo medroxyprogesterone acetate
treatment or its chemical equivalent, in addition to any other
punishment prescribed for that offense or any other provision of law,
at the discretion of the court.
(b) Any person guilty of a second conviction of any offense
specified in subdivision (c), where the victim has not attained 13
years of age, shall, upon parole, undergo medroxyprogesterone acetate
treatment or its chemical equivalent, in addition to any other
punishment prescribed for that offense or any other provision of law.
(c) This section shall apply to the following offenses:
(1) Subdivision (c) or (d) of Section 286.
(2) Paragraph (1) of subdivision (b) of Section 288.
(3) Subdivision (c) or (d) of Section 288a.
(4) Subdivision (a) or (j) of Section 289.
(d) The parolee shall begin medroxyprogesterone acetate treatment
one week prior to his or her release from confinement in the state
prison or other institution and shall continue treatments until the
Department of Corrections demonstrates to the Board of Prison Terms
that this treatment is no longer necessary.
(e) If a person voluntarily undergoes a permanent, surgical
alternative to hormonal chemical treatment for sex offenders, he or
she shall not be subject to this section.
(f) The Department of Corrections shall administer this section
and implement the protocols required by this section. Nothing in the
protocols shall require an employee of the Department of Corrections
who is a physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or the Osteopathic Initiative Act to participate
against his or her will in the administration of the provisions of
this section. These protocols shall include, but not be limited to, a
requirement to inform the person about the effect of hormonal
chemical treatment and any side effects that may result from it. A
person subject to this section shall acknowledge the receipt of this
information.
646. It is unlawful for any person with the intent, or for the
purpose of instituting a suit thereon outside of this state, to seek
or solicit the business of collecting any claim for damages for
personal injury sustained within this state, or for death resulting
therefrom, with the intention of instituting suit thereon outside of
this state, in cases where such right of action rests in a resident
of this state, or his legal representative, and is against a person,
copartnership, or corporation subject to personal service within this
state.
Any person violating any of the provisions of this section is
guilty of a misdemeanor, and is punishable by a fine of not less than
one hundred dollars ($100) nor more than one thousand dollars
($1,000), by imprisonment in the county jail not less than 30 days
nor more than six months, or by both fine and imprisonment at the
discretion of the court but within said limits.
646.5. No person shall knowingly and directly solicit employment
from any injured person or from any other person to obtain
authorization on behalf of the injured person, as an investigator to
investigate the accident or act which resulted in injury or death to
such person or damage to the property of such person. Nothing in this
section shall prohibit the soliciting of employment as an
investigator from such injured person's attorney.
Any person violating any provision of this section is guilty of a
misdemeanor.
This section shall not apply to any business agent or attorney
employed by a labor organization.
646.6. No person shall knowingly and directly solicit any injured
person, or anyone acting on behalf of any injured person, for the
sale or use of photographs relating to the accident which resulted in
the injury or death of such injured person.
Any person violating any provision of this section is guilty of a
misdemeanor. Nothing in this section shall prohibit a person, other
than a public employee acting within the scope of his or her
employment, from soliciting the injured person's attorney for the
sale or use of such photographs.
646.9. (a) Any person who willfully, maliciously, and repeatedly
follows or willfully and maliciously harasses another person and who
makes a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her
immediate family is guilty of the crime of stalking, punishable by
imprisonment in a county jail for not more than one year, or by a
fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment, or by imprisonment in the state prison.
(b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
(c) (1) Every person who, after having been convicted of a felony
under Section 273.5, 273.6, or 422, commits a violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison for two, three, or five years.
(2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
(d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a sex offender pursuant to Section 290.006.
(e) For the purposes of this section, "harasses" means engages in
a knowing and willful course of conduct directed at a specific person
that seriously alarms, annoys, torments, or terrorizes the person,
and that serves no legitimate purpose.
(f) For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
(g) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family. It is not necessary to
prove that the defendant had the intent to actually carry out the
threat. The present incarceration of a person making the threat shall
not be a bar to prosecution under this section. Constitutionally
protected activity is not included within the meaning of "credible
threat."
(h) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
(i) This section shall not apply to conduct that occurs during
labor picketing.
(j) If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under this section,
it shall be a condition of probation that the person participate in
counseling, as designated by the court. However, the court, upon a
showing of good cause, may find that the counseling requirement shall
not be imposed.
(k) (1) The sentencing court also shall consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to 10 years, as determined by the court. It is the
intent of the Legislature that the length of any restraining order be
based upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim and
his or her immediate family.
(2) This protective order may be issued by the court whether the
defendant is sentenced to state prison, county jail, or if imposition
of sentence is suspended and the defendant is placed on probation.
(l) For purposes of this section, "immediate family" means any
spouse, parent, child, any person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.
(m) The court shall consider whether the defendant would benefit
from treatment pursuant to Section 2684. If it is determined to be
appropriate, the court shall recommend that the Department of
Corrections and Rehabilitation make a certification as provided in
Section 2684. Upon the certification, the defendant shall be
evaluated and transferred to the appropriate hospital for treatment
pursuant to Section 2684.
646.91. (a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order where a peace officer,
as defined in Section 830.1, 830.2, or 830.32, asserts reasonable
grounds to believe that a person is in immediate and present danger
of stalking based upon the person's allegation that he or she has
been willfully, maliciously, and repeatedly followed or harassed by
another person who has made a credible threat with the intent of
placing the person who is the target of the threat in reasonable fear
for his or her safety, or the safety of his or her immediate family,
within the meaning of Section 646.9.
(b) A peace officer who requests an emergency protective order
shall reduce the order to writing and sign it.
(c) An emergency protective order shall include all of the
following:
(1) A statement of the grounds asserted for the order.
(2) The date and time the order expires.
(3) The address of the superior court for the district or county
in which the protected party resides.
(4) The following statements, which shall be printed in English
and Spanish:
(A) "To the protected person: This order will last until the date
and time noted above. If you wish to seek continuing protection, you
will have to apply for an order from the court at the address noted
above. You may seek the advice of an attorney as to any matter
connected with your application for any future court orders. The
attorney should be consulted promptly so that the attorney may assist
you in making your application."
(B) "To the restrained person: This order will last until the date
and time noted above. The protected party may, however, obtain a
more permanent restraining order from the court. You may seek the
advice of an attorney as to any matter connected with the
application. The attorney should be consulted promptly so that the
attorney may assist you in responding to the application. You may not
own, possess, purchase or receive, or attempt to purchase or receive
a firearm while this order is in effect."
(d) An emergency protective order may be issued under this section
only if the judicial officer finds both of the following:
(1) That reasonable grounds have been asserted to believe that an
immediate and present danger of stalking, as defined in Section
646.9, exists.
(2) That an emergency protective order is necessary to prevent the
occurrence or reoccurrence of the stalking activity.
(e) An emergency protective order may include either of the
following specific orders as appropriate:
(1) A harassment protective order as described in Section 527.6 of
the Code of Civil Procedure.
(2) A workplace violence protective order as described in Section
527.8 of the Code of Civil Procedure.
(f) An emergency protective order shall be issued without
prejudice to any person.
(g) An emergency protective order expires at the earlier of the
following times:
(1) The close of judicial business on the fifth court day
following the day of its issuance.
(2) The seventh calendar day following the day of its issuance.
(h) A peace officer who requests an emergency protective order
shall do all of the following:
(1) Serve the order on the restrained person, if the restrained
person can reasonably be located.
(2) Give a copy of the order to the protected person, or, if the
protected person is a minor child, to a parent or guardian of the
protected child if the parent or guardian can reasonably be located,
or to a person having temporary custody of the child.
(3) File a copy of the order with the court as soon as practicable
after issuance.
(i) A peace officer shall use every reasonable means to enforce an
emergency protective order.
(j) A peace officer who acts in good faith to enforce an emergency
protective order is not civilly or criminally liable.
(k) A peace officer who requests an emergency protective order
under this section shall carry copies of the order while on duty.
(l) A peace officer described in subdivision (a) or (b) of Section
830.32 who requests an emergency protective order pursuant to this
section shall also notify the sheriff or police chief of the city in
whose jurisdiction the peace officer's college or school is located
after issuance of the order.
(m) "Judicial officer," as used in this section, means a judge,
commissioner, or referee.
(n) A person subject to an emergency protective order under this
section shall not own, possess, purchase, or receive a firearm while
the order is in effect.
(o) Nothing in this section shall be construed to permit a court
to issue an emergency protective order prohibiting speech or other
activities that are constitutionally protected or protected by the
laws of this state or by the United States or activities occurring
during a labor dispute, as defined by Section 527.3 of the Code of
Civil Procedure, including, but not limited to, picketing and hand
billing.
(p) The Judicial Council shall develop forms, instructions, and
rules for the scheduling of hearings and other procedures established
pursuant to this section.
(q) Any intentional disobedience of any emergency protective order
granted under this section is punishable pursuant to Section 166.
Nothing in this subdivision shall be construed to prevent punishment
under Section 646.9, in lieu of punishment under this section, if a
violation of Section 646.9 is also pled and proven.
646.91a. (a) The court shall order that any party enjoined pursuant
to Section 646.91 be prohibited from taking any action to obtain the
address or location of a protected party or a protected party's
family members, caretakers, or guardian, unless there is good cause
not to make that order.
(b) The Judicial Council shall promulgate forms necessary to
effectuate this section.
646.92. (a) The Department of Corrections, county sheriff, or
director of the local department of corrections shall give notice not
less than 15 days prior to the release from the state prison or a
county jail of any person who is convicted of violating Section 646.9
or convicted of a felony offense involving domestic violence, as
defined in Section 6211 of the Family Code, or any change in the
parole status or relevant change in the parole location of the
convicted person, or if the convicted person absconds from
supervision while on parole, to any person the court identifies as a
victim of the offense, a family member of the victim, or a witness to
the offense by telephone and certified mail at his or her last known
address, upon request. A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice. A victim may designate another person for the
purpose of receiving notification. The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current. However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and telephone
number shall remain with the victim.
Following notification by the department pursuant to Section
3058.61, in the event the victim had not originally requested
notification under this section, the sheriff or the chief of police,
as appropriate, shall make an attempt to advise the victim or, if the
victim is a minor, the parent or guardian of the victim, of the
victim's right to notification under this section.
(b) All information relating to any person who receives notice
under this section shall remain confidential and shall not be made
available to the person convicted of violating this section.
(c) For purposes of this section, "release" includes a release
from the state prison or a county jail because time has been served,
a release from the state prison or a county jail to parole or
probation supervision, or an escape from an institution or reentry
facility.
(d) The Department of Corrections or county sheriff shall give
notice of an escape from an institution or reentry facility of any
person convicted of violating Section 646.9 or convicted of a felony
offense involving domestic violence, as defined in Section 6211 of
the Family Code, to the notice recipients described in subdivision
(a).
(e) Substantial compliance satisfies the notification requirements
of subdivision (a).
646.93. (a) (1) In those counties where the arrestee is initially
incarcerated in a jail operated by the county sheriff, the sheriff
shall designate a telephone number that shall be available to the
public to inquire about bail status or to determine if the person
arrested has been released and if not yet released, the scheduled
release date, if known. This subdivision does not require a county
sheriff or jail administrator to establish a new telephone number but
shall require that the information contained on the victim resource
card, as defined in Section 264.2, specify the phone number that a
victim should call to obtain this information. This subdivision shall
not require the county sheriff or municipal police departments to
produce new victim resource cards containing a designated phone
number for the public to inquire about the bail or custody status of
a person who has been arrested until their existing supply of victim
resource cards has been exhausted.
(2) In those counties where the arrestee is initially incarcerated
in an incarceration facility other than a jail operated by the
county sheriff and in those counties that do not operate a Victim
Notification (VNE) system, a telephone number shall be available to
the public to inquire about bail status or to determine if the person
arrested has been released and if not yet released, the scheduled
release date, if known. This subdivision does not require a municipal
police agency or jail administrator to establish a new telephone
number but shall require that the information contained on the victim
resource card, as defined in Section 264.2, specify the phone number
that a victim should call to obtain this information. This
subdivision shall not require the county sheriff or municipal police
departments to produce new victim resource cards containing a
designated phone number for the public to inquire about the bail or
custody status of a person who has been arrested until their existing
supply of victim resource cards has been exhausted.
(3) If an arrestee is transferred to another incarceration
facility and is no longer in the custody of the initial arresting
agency, the transfer date and new incarceration location shall be
made available through the telephone number designated by the
arresting agency.
(4) The resource card provided to victims pursuant to Section
264.2 shall list the designated telephone numbers to which this
section refers.
(b) Any request to lower bail shall be heard in open court in
accordance with Section 1270.1. In addition, the prosecutor shall
make all reasonable efforts to notify the victim or victims of the
bail hearing. The victims may be present at the hearing and shall be
permitted to address the court on the issue of bail.
(c) Unless good cause is shown not to impose the following
conditions, the judge shall impose as additional conditions of
release on bail that:
(1) The defendant shall not initiate contact in person, by
telephone, or any other means with the alleged victims.
(2) The defendant shall not knowingly go within 100 yards of the
alleged victims, their residence, or place of employment.
(3) The defendant shall not possess any firearms or other deadly
or dangerous weapons.
(4) The defendant shall obey all laws.
(5) The defendant, upon request at the time of his or her
appearance in court, shall provide the court with an address where he
or she is residing or will reside, a business address and telephone
number if employed, and a residence telephone number if the defendant'
s residence has a telephone.
A showing by declaration that any of these conditions are violated
shall, unless good cause is shown, result in the issuance of a
no-bail warrant.
646.94. (a) Contingent upon a Budget Act appropriation, the
Department of Corrections shall ensure that any parolee convicted of
violating Section 646.9 on or after January 1, 2002, who is deemed to
pose a high risk of committing a repeat stalking offense be placed
on an intensive and specialized parole supervision program for a
period not to exceed the period of parole.
(b) (1) The program shall include referral to specialized
services, for example substance abuse treatment, for offenders
needing those specialized services.
(2) Parolees participating in this program shall be required to
participate in relapse prevention classes as a condition of parole.
(3) Parole agents may conduct group counseling sessions as part of
the program.
(4) The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
(c) The program shall be established with the assistance and
supervision of the staff of the department primarily by obtaining the
services of mental health providers specializing in the treatment of
stalking patients. Each parolee placed into this program shall be
required to participate in clinical counseling programs aimed at
reducing the likelihood that the parolee will commit or attempt to
commit acts of violence or stalk their victim.
(d) The department may require persons subject to this section to
pay some or all of the costs associated with this treatment, subject
to the person's ability to pay. "Ability to pay" means the overall
capability of the person to reimburse the costs, or a portion of the
costs, of providing mental health treatment, and shall include, but
shall not be limited to, consideration of all of the following
factors:
(1) Present financial position.
(2) Reasonably discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment
after the date of parole.
(4) Any other factor or factors that may bear upon the person's
financial capability to reimburse the department for the costs.
(e) For purposes of this section, a mental health provider
specializing in the treatment of stalking patients shall meet all of
the following requirements:
(1) Be a licensed clinical social worker, as defined in Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, a clinical psychologist, as defined in
Section 1316.5 of the Health and Safety Code, or a physician and
surgeon engaged in the practice of psychiatry.
(2) Have clinical experience in the area of assessment and
treatment of stalking patients.
(3) Have two letters of reference from professionals who can
attest to the applicant's experience in counseling stalking patients.
(f) The program shall target parolees convicted of violating
Section 646.9 who meet the following conditions:
(1) The offender has been subject to a clinical assessment.
(2) A review of the offender's criminal history indicates that the
offender poses a high risk of committing further acts of stalking or
acts of violence against his or her victim or other persons upon his
or her release on parole.
(3) The parolee, based on his or her clinical assessment, may be
amenable to treatment.
(g) On or before January 1, 2006, the Department of Corrections
shall evaluate the intensive and specialized parole supervision
program and make a report to the Legislature regarding the results of
the program, including, but not limited to, the recidivism rate for
repeat stalking related offenses committed by persons placed into the
program and a cost-benefit analysis of the program.
(h) This section shall become operative upon the appropriation of
sufficient funds in the Budget Act to implement this section.
647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. No person who has been placed in civil protective
custody shall thereafter be subject to any criminal prosecution or
juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, or camcorder, the interior of a bedroom, bathroom,
changing room, fitting room, dressing room, or tanning booth, or the
interior of any other area in which the occupant has a reasonable
expectation of privacy, with the intent to invade the privacy of a
person or persons inside. This subdivision shall not apply to those
areas of a private business used to count currency or other
negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(k) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation