California Business and Professions Code

§ 146

BPC § 146 Effective Jan 1, 2025Div. 1 · Ch. 1.5

Statute text

(a)Notwithstanding any other provision of law, a violation of any code section listed in subdivision (c) is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code when either of the following applies:

(1)A complaint or a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code is filed in court charging the offense as an infraction unless the defendant, at the time they are arraigned, after being advised of their rights, elects to have the case proceed as a misdemeanor.

(2)The court, with the consent of the defendant and the prosecution, determines that the offense is an infraction in which event the case shall proceed as if the defendant has been arraigned on an infraction complaint.

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Legislative history

Amended by Stats. 2024, Ch. 484, Sec. 2. (SB 1454) Effective January 1, 2025.