Bill Text: CA AB1852 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1852 (Prior Session Legislation)

Bill Title: Business: services to minors: background checks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 159, Statutes of 2014. [AB1852 Detail]

Download: California-2013-AB1852-Chaptered.html

BILL NUMBER: AB 1852	CHAPTERED
	BILL TEXT

	CHAPTER  159
	FILED WITH SECRETARY OF STATE  JULY 21, 2014
	APPROVED BY GOVERNOR  JULY 21, 2014
	PASSED THE SENATE  JULY 3, 2014
	PASSED THE ASSEMBLY  MAY 8, 2014
	AMENDED IN ASSEMBLY  MAY 5, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 19, 2014

   An act to add Chapter 2.8 (commencing with Section 18950) to
Division 8 of the Business and Professions Code, relating to
business.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1852, Campos. Business: services to minors: background checks.
   Existing law generally provides requirements for the licensing of
business establishments. Existing law authorizes specified entities
to receive state summary criminal history information from the
Department of Justice. Existing law prohibits an employer, as a
condition of employment, from asking an applicant to disclose
information regarding an arrest that did not result in a conviction,
as specified.
   This bill would require a business that provides services to
minors, as defined, to provide written notice to the parent or
guardian of a youth participating in the service offered by the
business regarding the business's policies relating to criminal
background checks for employees who provide services to minors, as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.8 (commencing with Section 18950) is added to
Division 8 of the Business and Professions Code, to read:
      CHAPTER 2.8.  BUSINESSES PROVIDING SERVICES TO MINORS


   18950.  (a) (1) A business that provides services to minors shall
provide written notice to the parent or guardian of any minor
receiving those services regarding the business's policies relating
to obtaining criminal background checks for its employees.
   (2) If criminal background checks are obtained for employees, the
written notice described in paragraph (1) shall also contain a
statement regarding whether the criminal background check includes
state and federal criminal history information and the nature of the
types of offenses the business looks to identify.
   (b) (1) As used in this section, a "business that provides
services to minors" means a business that meets both of the following
requirements:
   (A) Its primary purpose is the providing of an extracurricular
service or program of instruction, including, but not limited to,
academic tutors and instructors, for youth under 18 years of age.
   (B) It has adult employees who have supervisory or disciplinary
power over a child or children.
   (2) A "business that provides services to minors" shall not
include a licensed child day care facility as defined in Section
1596.750 of the Health and Safety Code or a day care center as
defined in Section 1596.76 of the Health and Safety Code, or any
medical treatment facility or hospital.
   (c) As used in this section, "written notice" may include a
posting on the business's Internet Web site.
   (d) Nothing in subdivision (a) shall require or authorize a
business subject to these provisions to disclose confidential
criminal history information in violation of Article 3 (commencing
with Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal
Code.
   (e) Compliance with this section shall not be deemed a violation
of Section 432.7 of the Labor Code.