Section 146 - Failure to obtain registration or other authorization to engage in certain businesses and professions; infractions(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.(b) Subdivision (a) does not apply to a violation of the code sections listed in subdivision (c) if the defendant has had their license, registration, or certificate previously revoked or suspended.(c) The following sections require registration, licensure, certification, or other authorization in order to engage in certain businesses or professions regulated by this code: (2) Sections 2052 and 2054.(8) Sections 3760 and 3761.(17) Section 6530 or 6532.(21) Section 7502 or 7592.(23) Section 7617 or 7641.(24) Subdivision (a) of Section 7872.(30) Subdivision (c) of Section 9891.24.(d) Notwithstanding any other law, a violation of any of the sections listed in subdivision (c), which is an infraction, is punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000). No portion of the minimum fine may be suspended by the court unless as a condition of that suspension the defendant is required to submit proof of a current valid license, registration, or certificate for the profession or vocation that was the basis for their conviction.Ca. Bus. and Prof. Code § 146
Amended by Stats 2023 ch 680 (AB 1262),s 1, eff. 1/1/2024.Amended by Stats 2017 ch 775 (SB 798),s 4.5, eff. 1/1/2018.Amended by Stats 2017 ch 454 (AB 1706),s 1, eff. 1/1/2018.Amended by Stats 2015 ch 426 (SB 800),s 2, eff. 1/1/2016.Amended by Stats 2009 ch 310 (AB 48),s 3.5, eff. 1/1/2010.Amended by Stats 2009 ch 308 (SB 819),s 5, eff. 1/1/2010.Amended by Stats 2003 ch 485 (SB 907), s 3, eff. 1/1/2004.Amended by Stats 2001 ch 357 (AB 1560), s 1, eff. 1/1/2002.