Bail Consumer Protection Act.

The penalty for impersonating a licensed bail agent changed from a misdemeanor punishable by up to one year in county jail and/or a $1,000 fine to penalties set forth in Section 1814 of the Insurance Code, which may carry different or additional consequences.

The word 'willfully' was removed from the impersonation offense in Section 538j(a)(1), meaning prosecutors no longer need to prove the defendant acted with willful intent. The offense now applies to anyone who impersonates or falsely holds themselves out to be a licensed bail agent and solicits bail, regardless of whether the conduct was willful.

The entire Article 5.6 (Sections 1299.30 and 1299.31) is deleted. This removed the civil penalty scheme that prohibited bail agents or impersonators from soliciting bail to family members or known contacts of arrested individuals without a prior request, along with its definitions, exceptions, tiered civil penalties ($1,000-$5,000 first offense; $5,000-$10,000 second offense), and Attorney General enforcement authority.

The bill's scope narrowed from covering both unauthorized solicitation by bail agents (civil) and impersonation (criminal) to covering only impersonation and hiring of impersonators (criminal), eliminating the broader consumer protection against unsolicited bail calls to family members.

Section 538j now includes a new prohibition: it is a crime for any person to hire another person or company to solicit bail when the person knew or should have known that the hired party is impersonating or falsely holding themselves out to be a licensed bail agent.

The penalty for violations of Section 538j changed from a fixed misdemeanor (up to one year in county jail and/or up to $1,000 fine) to penalties set forth in Section 1814 of the Insurance Code, which is the existing penalty provision for bail agent violations.

New Section 538j makes it a misdemeanor (up to one year in county jail and/or a $1,000 fine) for any person who willfully impersonates or falsely holds themselves out to be a licensed bail agent while soliciting or attempting to solicit bail from any individual. Penalties are cumulative with other laws.

Removed the private right of action that allowed aggrieved individuals to sue for actual damages, injunctive relief, and reasonable attorney's fees against bail agents or impersonators who violated the solicitation prohibition.

Removed the provision making violations an unfair and deceptive trade practice under the Unfair Competition Law (Business and Professions Code Section 17200 et seq.).

The bill's scope expanded from a civil regulatory framework to one that also creates a new criminal offense, changing the state-mandated local program designation from 'no' to 'yes' because the new crime imposes costs on local agencies.

Added a new section stating no reimbursement is required under Article XIII B of the California Constitution because the act creates a new crime, which is exempt from state reimbursement requirements under Government Code Section 17556.

Enforcement authority expanded from 'the Attorney General' to 'the Attorney General or any public prosecutor,' allowing county district attorneys and other local prosecutors to investigate, impose penalties, and seek injunctive relief for violations.

Removed the provision requiring the Attorney General to notify the Department of Insurance about actions brought against licensed bail agents, and removed the DOI's authority to suspend or revoke a bail agent's license upon a finding of violation.

Removed the exception for 'solicitation permitted under Section 2079 or 2079.1 of Title 10 of the California Code of Regulations,' meaning solicitation that was previously allowed under existing insurance regulations is now prohibited unless it falls under the remaining exceptions (voluntary inquiry/bona fide request, or non-targeted written advertisements).

Simplified the definition of 'unauthorized solicitation of bail' by removing the cross-reference to Section 2079 of Title 10 CCR; the definition now simply states the recipient 'has not previously requested bail services.'

The entire legislative findings section (former Section 2, subdivisions (a) through (e)) was deleted. These findings described how bail agents harvest arrest data, use cross-address directories, make cold calls and texts, and impersonate law enforcement. Their removal does not change the operative law but eliminates the stated policy rationale from the bill text.

The exception for responding to voluntary inquiries was narrowed. The old language allowed communication in response to a 'voluntary inquiry or request.' The new language requires a 'voluntary inquiry or bona fide request,' adding a good-faith requirement that could exclude sham or pretextual requests designed to trigger unsolicited follow-up.

Sections were renumbered due to the removal of the findings section: former Section 3 (the operative article) became Section 2, and former Section 4 (severability) became Section 3. The exceptions in Section 1299.31(b) were also renumbered from three items to two.

Section numbering was reorganized: the main article (Article 5.6, Sections 1299.30-1299.31) was moved from Section 3 to Section 2, and the severability clause was moved from Section 4 to Section 3. New standalone section markers (SEC. 3 and SEC. 4) were added, likely as placeholders for content not visible in this diff excerpt.

Page numbers shifted from 99 to 98 throughout the bill due to the renumbering and layout adjustments.