Criminal profiteering: sale of secondhand goods.

Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes, including forgery and receiving stolen property. Existing law requires a person engaged in business as a secondhand dealer, as defined, to be licensed by local law enforcement, and makes a violation of that requirement a misdemeanor under circumstances where a person knows or should have known that a violation was being committed. This bill would make a violation of the requirement to be licensed when engaging in business as a secondhand dealer a misdemeanor irrespective of knowledge that a violation was being committed. By expending the scope of an existing crime, the bill would impose a state-mandated local program. The bill would also include within the definition of criminal profiteering activity the sale of tangible personal property or other secondhand goods, including, but not limited to, gold and other precious metals, by a secondhand dealer, without a license, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.