Bill Text: CA SB530 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal offenders: rehabilitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State. Chapter 721, Statutes of 2013. [SB530 Detail]
Download: California-2013-SB530-Amended.html
Bill Title: Criminal offenders: rehabilitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State. Chapter 721, Statutes of 2013. [SB530 Detail]
Download: California-2013-SB530-Amended.html
BILL NUMBER: SB 530 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2013
AMENDED IN ASSEMBLY JUNE 19, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Wright
FEBRUARY 21, 2013
An act to amend Sections 8712, 8811, and 8908 of the
Family Code, to amend Section 432.7 of the Labor Code, and
to amend Section 11105 of, and to add Section 4852.22 to, the Penal
Code, relating to criminal offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 530, as amended, Wright. Criminal offenders: rehabilitation.
Existing law imposes criminal record and fingerprint check
requirements for prospective adoptive parents, as specified. Existing
law authorizes the State Department of Social Services or a licensed
adoption agency to secure the applicant's full criminal record, if
any.
This bill would exempt from those provisions any convictions for
which relief, as specified, has been granted.
Existing law prohibits an employer, whether a public agency or
private individual or corporation, from asking an applicant for
employment to disclose, or from utilizing as a factor in determining
any condition of employment, information concerning an arrest or
detention that did not result in a conviction, or information
concerning a referral or participation in, any pretrial or posttrial
diversion program, except as specified. Existing law makes it a crime
to intentionally violate these provisions.
This bill would additionally prohibit an employer, as specified,
from asking an applicant to disclose, or from utilizing as a factor
in determining any condition of employment, information concerning a
conviction that has been judicially dismissed,
dismissed or ordered sealed, as provided, unless the employer
is required by law to obtain that information, the applicant would be
required to possess or use a firearm in the course of his or her
employment, an individual who has been convicted of a crime is
prohibited by law from holding the position sought by the applicant,
regardless of whether that conviction has been expunged, judicially
ordered sealed, statutorily eradicated, or judicially dismissed
following probation, or if the employer is prohibited by law from
hiring an applicant who has been convicted of a crime. Because this
bill would expand the definition of a crime, it would impose a
state-mandated local program.
Existing law authorizes an individual convicted of a felony or
convicted of a misdemeanor violation of a sex offense, as specified,
to file a petition for a certificate of rehabilitation and a pardon
provided that certain conditions have been satisfied. Existing law
authorizes, after the minimum period of rehabilitation has expired,
an individual, as specified, to file a petition for ascertainment and
declaration of rehabilitation. Existing law authorizes a court to
grant an order known as a certificate of rehabilitation and recommend
that the Governor grant a full pardon to certain individuals.
This bill would authorize a trial court hearing an application for
a certificate of rehabilitation before the applicable period of
rehabilitation has elapsed to grant the application if the court, in
its discretion, believes relief serves the interests of justice.
Existing law requires the Department of Justice to maintain state
summary criminal history information, including the identification
and criminal history of any person. Existing law requires the
department to disseminate this information in response to a request
from certain authorized agencies, organizations, or individuals that
need the information to fulfill employment, certification, or
licensing duties, such as the employment of peace officers or the
licensing of community care facilities.
This bill would exempt from that dissemination requirement any
convictions for which relief, as specified, has been granted.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8712 of the Family Code is
amended to read:
8712. (a) The department, county adoption agency, or licensed
adoption agency shall require each person filing an application for
adoption to be fingerprinted and shall secure from an appropriate law
enforcement agency any criminal record of that person to determine
whether the person has ever been convicted of a crime other than a
minor traffic violation. The department, county adoption agency, or
licensed adoption agency may also secure the person's full criminal
record, if any, with the exception of a conviction for which that
person has been granted relief pursuant to Section 1203.4 of the
Penal Code. Any federal-level criminal offender record requests to
the Department of Justice shall be submitted with fingerprint images
and related information required by the Department of Justice for the
purposes of obtaining information as to the existence and content of
a record of an out-of-state or federal conviction or arrest of a
person or information regarding any out-of-state or federal crimes or
arrests for which the Department of Justice establishes that the
person is free on bail, or on his or her own recognizance pending
trial or appeal. The Department of Justice shall forward to the
Federal Bureau of Investigation any requests for federal summary
criminal history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and shall compile and disseminate a
response to the department, county adoption agency, or licensed
adoption agency.
(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be included
in the report to the court.
(c) (1) Under no circumstances shall the department, county
adoption agency, or licensed adoption agency give final approval for
an adoptive placement in any home where the prospective adoptive
parent or any adult living in the prospective adoptive home has
either of the following:
(A) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subdivision, crimes involving violence means those violent
crimes contained in clause (i) of subparagraph (A), and subparagraph
(B), of paragraph (1) of subdivision (g) of Section 1522 of the
Health and Safety Code.
(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.
(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. Sec. 670 and following).
(d) Any fee charged by a law enforcement agency for fingerprinting
or for checking or obtaining the criminal record of the applicant
shall be paid by the applicant. The department, county adoption
agency, or licensed adoption agency may defer, waive, or reduce the
fee when its payment would cause economic hardship to prospective
adoptive parents detrimental to the welfare of the adopted child,
when the child has been in the foster care of the prospective
adoptive parents for at least one year, or if necessary for the
placement of a special-needs child.
SEC. 2. Section 8811 of the Family Code is
amended to read:
8811. (a) The department or delegated county adoption agency
shall require each person filing an adoption petition to be
fingerprinted and shall secure from an appropriate law enforcement
agency any criminal record of that person to determine whether the
person has ever been convicted of a crime other than a minor traffic
violation. The department or delegated county adoption agency may
also secure the person's full criminal record, if any, with the
exception of a conviction for which that person has been granted
relief pursuant to Section 1203.4 of the Penal Code. Any
federal-level criminal offender record requests to the Department of
Justice shall be submitted with fingerprint images and related
information required by the Department of Justice for the purposes of
obtaining information as to the existence and content of a record of
an out-of-state or federal conviction or arrest of a person or
information regarding any out-of-state or federal crimes or arrests
for which the Department of Justice establishes that the person is
free on bail, or on his or her own recognizance pending trial or
appeal. The Department of Justice shall forward to the Federal Bureau
of Investigation any requests for federal summary criminal history
information received pursuant to this section. The Department of
Justice shall review the information returned from the Federal Bureau
of Investigation and shall compile and disseminate a response to the
department or delegated county adoption agency.
(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be included
in the report to the court.
(c) (1) Under no circumstances shall the department or a delegated
county adoption agency give final approval for an adoptive placement
in any home where the prospective adoptive parent or any adult
living in the prospective adoptive home has either of the following:
(A) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subdivision, crimes involving violence means those violent
crimes contained in clause (i) of subparagraph (A), and subparagraph
(B), of paragraph (1) of subdivision (g) of Section 1522 of the
Health and Safety Code.
(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.
(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. 670 and following).
(d) Any fee charged by a law enforcement agency for fingerprinting
or for checking or obtaining the criminal record of the petitioner
shall be paid by the petitioner. The department or delegated county
adoption agency may defer, waive, or reduce the fee when its payment
would cause economic hardship to the prospective adoptive parents
detrimental to the welfare of the adopted child, when the child has
been in the foster care of the prospective adoptive parents for at
least one year, or if necessary for the placement of a special-needs
child.
SEC. 3. Section 8908 of the Family Code is
amended to read:
8908. (a) A licensed adoption agency shall require each person
filing an application for adoption to be fingerprinted and shall
secure from an appropriate law enforcement agency any criminal record
of that person to determine whether the person has ever been
convicted of a crime other than a minor traffic violation. The
licensed adoption agency may also secure the person's full criminal
record, if any, with the exception of a conviction for which that
person has been granted relief pursuant to Section 1203.4 of the
Penal Code. Any federal-level criminal offender record requests to
the Department of Justice shall be submitted with fingerprint images
and related information required by the Department of Justice for the
purposes of obtaining information as to the existence and content of
a record of an out-of-state or federal conviction or arrest of a
person or information regarding any out-of-state or federal crimes or
arrests for which the Department of Justice establishes that the
person is free on bail, or on his or her own recognizance pending
trial or appeal. The Department of Justice shall forward to the
Federal Bureau of Investigation any requests for federal summary
criminal history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and shall compile and disseminate a
fitness determination to the licensed adoption agency.
(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be included
in the report to the court.
(c) (1) Under no circumstances shall a licensed adoption agency
give final approval for an adoptive placement in any home where the
prospective adoptive parent or any adult living in the prospective
adoptive home, has a felony conviction for either of the following:
(A) Any felony conviction for child abuse or neglect, spousal
abuse, crimes against a child, including child pornography, or for a
crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault and battery. For
purposes of this subdivision, crimes involving violence means those
violent crimes contained in clause (i) of subparagraph (A), and
subparagraph (B), of paragraph (1) of subdivision (g) of Section 1522
of the Health and Safety Code.
(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.
(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. 670 and following).
(d) Any fee charged by a law enforcement agency for fingerprinting
or for checking or obtaining the criminal record of the applicant
shall be paid by the applicant. The licensed adoption agency may
defer, waive, or reduce the fee when its payment would cause economic
hardship to the prospective adoptive parents detrimental to the
welfare of the adopted child.
SEC. 4. SECTION 1. Section 432.7 of
the Labor Code is amended to read:
432.7. (a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment to
disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, or concerning a conviction
that has been judicially dismissed or ordered sealed
pursuant to Section 1203.4 law, includin
g, but not limited to, Sections 1203.4, 1203.4a, 1203.45,
and 1210.1 of the Penal Code, nor shall any employer seek from
any source whatsoever, or utilize, as a factor in determining any
condition of employment including hiring, promotion, termination, or
any apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did not
result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program, or
concerning a conviction that has been judicially dismissed or
ordered sealed pursuant to Section 1203.4
law, including, but not limited to, Sections 1203.4, 1203.4a,
1203.45, and 1210.1 of the Penal Code. As used in this section,
a conviction shall include a plea, verdict, or finding of guilt
regardless of whether sentence is imposed by the court. Nothing in
this section shall prevent an employer from asking an employee or
applicant for employment about an arrest for which the employee or
applicant is out on bail or on his or her own recognizance pending
trial.
(b) Nothing in this section shall prohibit the disclosure of the
information authorized for release under Sections 13203 and 13300 of
the Penal Code, to a government agency employing a peace officer.
However, the employer shall not determine any condition of employment
other than paid administrative leave based solely on an arrest
report. The information contained in an arrest report may be used as
the starting point for an independent, internal investigation of a
peace officer in accordance with Chapter 9.7 (commencing with Section
3300) of Division 4 of Title 1 of the Government Code.
(c) In any case where a person violates this section, or Article 6
(commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of
the Penal Code, the applicant may bring an action to recover from
that person actual damages or two hundred dollars ($200), whichever
is greater, plus costs, and reasonable attorney's fees. An
intentional violation of this section shall entitle the applicant to
treble actual damages, or five hundred dollars ($500), whichever is
greater, plus costs, and reasonable attorney's fees. An intentional
violation of this section is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500).
(d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.
(e) Persons seeking employment or persons already employed as
peace officers or persons seeking employment for positions in the
Department of Justice or other criminal justice agencies as defined
in Section 13101 of the Penal Code are not covered by this section.
(f) Nothing in this section shall prohibit an employer at a health
facility, as defined in Section 1250 of the Health and Safety Code,
from asking an applicant for employment either of the following:
(1) With regard to an applicant for a position with regular access
to patients, to disclose an arrest under any section specified in
Section 290 of the Penal Code.
(2) With regard to an applicant for a position with access to
drugs and medication, to disclose an arrest under any section
specified in Section 11590 of the Health and Safety Code.
(g) (1) No peace officer or employee of a law enforcement agency
with access to criminal offender record information maintained by a
local law enforcement criminal justice agency shall knowingly
disclose, with intent to affect a person's employment, any
information contained therein pertaining to an arrest or detention or
proceeding that did not result in a conviction, including
information pertaining to a referral to, and participation in, any
pretrial or posttrial diversion program, to any person not authorized
by law to receive that information.
(2) No other person authorized by law to receive criminal offender
record information maintained by a local law enforcement criminal
justice agency shall knowingly disclose any information received
therefrom pertaining to an arrest or detention or proceeding that did
not result in a conviction, including information pertaining to a
referral to, and participation in, any pretrial or posttrial
diversion program, to any person not authorized by law to receive
that information.
(3) No person, except those specifically referred to in Section
1070 of the Evidence Code, who knowing he or she is not authorized by
law to receive or possess criminal justice records information
maintained by a local law enforcement criminal justice agency,
pertaining to an arrest or other proceeding that did not result in a
conviction, including information pertaining to a referral to, and
participation in, any pretrial or posttrial diversion program, shall
receive or possess that information.
(h) "A person authorized by law to receive that information," for
purposes of this section, means any person or public agency
authorized by a court, statute, or decisional law to receive
information contained in criminal offender records maintained by a
local law enforcement criminal justice agency, and includes, but is
not limited to, those persons set forth in Section 11105 of the Penal
Code, and any person employed by a law enforcement criminal justice
agency who is required by that employment to receive, analyze, or
process criminal offender record information.
(i) Nothing in this section shall require the Department of
Justice to remove entries relating to an arrest or detention not
resulting in conviction from summary criminal history records
forwarded to an employer pursuant to law.
(j) As used in this section, "pretrial or posttrial diversion
program" means any program under Chapter 2.5 (commencing with Section
1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of
Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle
Code, or any other program expressly authorized and described by
statute as a diversion program.
(k) (1) Subdivision (a) shall not apply to any city, city and
county, county, or district, or any officer or official thereof, in
screening a prospective concessionaire, or the affiliates and
associates of a prospective concessionaire for purposes of consenting
to, or approving of, the prospective concessionaire's application
for, or acquisition of, any beneficial interest in a concession,
lease, or other property interest.
(2) For purposes of this subdivision the following terms have the
following meanings:
(A) "Screening" means a written request for criminal history
information made to a local law enforcement agency.
(B) "Prospective concessionaire" means any individual, general or
limited partnership, corporation, trust, association, or other entity
that is applying for, or seeking to obtain, a public agency's
consent to, or approval of, the acquisition by that individual or
entity of any beneficial ownership interest in any public agency's
concession, lease, or other property right whether directly or
indirectly held. However, "prospective concessionaire" does not
include any of the following:
(i) A lender acquiring an interest solely as security for a bona
fide loan made in the ordinary course of the lender's business and
not made for the purpose of acquisition.
(ii) A lender upon foreclosure or assignment in lieu of
foreclosure of the lender's security.
(C) "Affiliate" means any individual or entity that controls, or
is controlled by, the prospective concessionaire, or who is under
common control with the prospective concessionaire.
(D) "Associate" means any individual or entity that shares a
common business purpose with the prospective concessionaire with
respect to the beneficial ownership interest that is subject to the
consent or approval of the city, county, city and county, or
district.
(E) "Control" means the possession, direct or indirect, of the
power to direct, or cause the direction of, the management or
policies of the controlled individual or entity.
( l ) (1) Nothing in subdivision (a) shall prohibit a
public agency, or any officer or official thereof, from denying
consent to, or approval of, a prospective concessionaire's
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest based on the criminal
history information of the prospective concessionaire or the
affiliates or associates of the prospective concessionaire that show
any criminal conviction for offenses involving moral turpitude.
Criminal history information for purposes of this subdivision
includes any criminal history information obtained pursuant to
Section 11105 or 13300 of the Penal Code.
(2) In considering criminal history information, a public agency
shall consider the crime for which the prospective concessionaire or
the affiliates or associates of the prospective concessionaire was
convicted only if that crime relates to the specific business that is
proposed to be conducted by the prospective concessionaire.
(3) Any prospective concessionaire whose application for consent
or approval to acquire a beneficial interest in a concession, lease,
or other property interest is denied based on criminal history
information shall be provided a written statement of the reason for
the denial.
(4) (A) If the prospective concessionaire submits a written
request to the public agency within 10 days of the date of the notice
of denial, the public agency shall review its decision with regard
to any corrected record or other evidence presented by the
prospective concessionaire as to the accuracy or incompleteness of
the criminal history information utilized by the public agency in
making its original decision.
(B) The prospective concessionaire shall submit the copy or the
corrected record of any other evidence to the public agency within 90
days of a request for review. The public agency shall render its
decision within 20 days of the submission of evidence by the
prospective concessionaire.
(m) Subdivision (a) does not prohibit an employer from asking an
applicant about a criminal conviction of, seeking from any source
information regarding a criminal conviction of, utilizing as a factor
in determining any condition of employment of, or entry into a
pretrial diversion or similar program by, the applicant if, pursuant
to Section 1829 of Title 12 of the United States Code or any other
state or federal law, any of the following apply:
(1) The employer is required by law to obtain information
regarding a conviction of an applicant.
(2) The applicant would be required to possess or use a firearm in
the course of his or her employment.
(3) An individual who has been convicted of a crime is prohibited
by law from holding the position sought by the applicant, regardless
of whether that conviction has been expunged, judicially ordered
sealed, statutorily eradicated, or judicially dismissed following
probation.
(4) The employer is prohibited by law from hiring an applicant who
has been convicted of a crime.
SEC. 5. SEC. 2. Section 4852.22 is
added to the Penal Code, to read:
4852.22. Except in a case requiring registration pursuant to
Section 290, a trial court hearing an application for a certificate
of rehabilitation before the applicable period of rehabilitation has
elapsed may grant the application if the court, in its discretion,
believes relief serves the interests of justice.
SEC. 6. SEC. 3. Section 11105 of the
Penal Code is amended to read:
11105. (a) (1) The Department of Justice shall maintain state
summary criminal history information.
(2) As used in this section:
(A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, dates
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
(6) Probation officers of the state.
(7) Parole officers of the state.
(8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(9) A public defender or attorney of record when representing a
person in a criminal case, or a parole, mandatory supervision
pursuant to paragraph (5) of subdivision (h) of Section 1170, or
postrelease community supervision revocation or revocation extension
proceeding, and if authorized access by statutory or decisional law.
(10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.
(11) Any city or county, city and county, district, or any officer
or official thereof if access is needed in order to assist that
agency, officer, or official in fulfilling employment, certification,
or licensing duties, and if the access is specifically authorized by
the city council, board of supervisors, or governing board of the
city, county, or district if the criminal history information is
required to implement a statute, ordinance, or regulation that
expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct. The city or county, city and county,
district, or the officer or official thereof authorized by this
paragraph may also transmit fingerprint images and related
information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation.
(12) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120).
(13) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
(14) Health officers of a city, county, city and county, or
district when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(15) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(16) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of humane officers.
(17) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
(18) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal history information pursuant to Section 272 of the Welfare
and Institutions Code for the purposes specified in Section 16504.5
of the Welfare and Institutions Code. Information from criminal
history records provided pursuant to this subdivision shall not be
used for any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained both on the basis of name checks and
fingerprint checks, final placement decisions shall be based only on
the records obtained pursuant to the fingerprint check.
(19) The court of a tribe, or court of a consortium of tribes,
that has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information may
be used only for the purposes specified in Section 16504.5 of the
Welfare and Institutions Code and for tribal approval or tribal
licensing of foster care or adoptive homes. Article 6 (commencing
with Section 11140) shall apply to officers, members, and employees
of a tribal court receiving criminal record offender information
pursuant to this section.
(20) Child welfare agency personnel of a tribe or consortium of
tribes that has entered into an agreement with the state pursuant to
Section 10553.1 of the Welfare and Institutions Code and to whom the
state has delegated duties under paragraph (2) of subdivision (a) of
Section 272 of the Welfare and Institutions Code. The purposes for
use of the information shall be for the purposes specified in Section
16504.5 of the Welfare and Institutions Code and for tribal approval
or tribal licensing of foster care or adoptive homes. When an agency
obtains records on the basis of name checks and fingerprint checks,
final placement decisions shall be based only on the records obtained
pursuant to the fingerprint check. Article 6 (commencing with
Section 11140) shall apply to child welfare agency personnel
receiving criminal record offender information pursuant to this
section.
(21) An officer providing conservatorship investigations pursuant
to Sections 5351, 5354, and 5356 of the Welfare and Institutions
Code.
(22) A court investigator providing investigations or reviews in
conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of
the Probate Code.
(23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.
(24) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.
(c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided that
when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing duties,
Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor
Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, that operates a nuclear energy facility when access
is needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.
(4) To a peace officer of another country.
(5) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
(6) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(7) The courts of the United States, other states, or territories
or possessions of the United States.
(8) Peace officers of the United States, other states, or
territories or possessions of the United States.
(9) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
(10) (A) (i) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who, in the
course of their employment may be seeking entrance to private
residences or adjacent grounds. The information provided shall be
limited to the record of convictions and any arrest for which the
person is released on bail or on his or her own recognizance pending
trial.
(ii) If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
(iii) Any information obtained from the state summary criminal
history is confidential and the receiving public utility or cable
corporation shall not disclose its contents, other than for the
purpose for which it was acquired. The state summary criminal history
information in the possession of the public utility or cable
corporation and all copies made from it shall be destroyed not more
than 30 days after employment or promotion or transfer is denied or
granted, except for those cases where a current or prospective
employee is out on bail or on his or her own recognizance pending
trial, in which case the state summary criminal history information
and all copies shall be destroyed not more than 30 days after the
case is resolved.
(iv) A violation of this paragraph is a misdemeanor, and shall
give the current or prospective employee who is injured by the
violation a cause of action against the public utility or cable
corporation to recover damages proximately caused by the violations.
Any public utility's or cable corporation's request for state summary
criminal history information for purposes of employing current or
prospective employees who may be seeking entrance to private
residences or adjacent grounds in the course of their employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
(v) Nothing in this section shall be construed as imposing any
duty upon public utilities or cable corporations to request state
summary criminal history information on any current or prospective
employees.
(B) For purposes of this paragraph, "cable corporation" means any
corporation or firm that transmits or provides television, computer,
or telephone services by cable, digital, fiber optic, satellite, or
comparable technology to subscribers for a fee.
(C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal Bureau
of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the Department
of Justice may then be disseminated to the entities referenced in
subparagraph (A), as authorized by law.
(D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
(ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
(11) To any campus of the California State University or the
University of California, or any four year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may require
the convicted felon to be fingerprinted, and any inquiry to the
department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
(12) To any foreign government, if requested by the individual who
is the subject of the record requested, if needed in conjunction
with the individual's application to adopt a minor child who is a
citizen of that foreign nation. Requests for information pursuant to
this paragraph shall be in accordance with the process described in
Sections 11122 to 11124, inclusive. The response shall be provided to
the foreign government or its designee and to the individual who
requested the information.
(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 26190, and former
Section 13588 of the Education Code shall be deposited in a special
account in the General Fund to be available for expenditure by the
department to offset costs incurred pursuant to those sections and
for maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the
Business and Professions Code shall take priority over the processing
of other applicant fingerprints.
(g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
(k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization and the information is to be used for peace officer
employment or certification purposes. As used in this subdivision, a
peace officer is defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished pursuant
to paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided however that where the records
of the Department of Justice do not contain a disposition for the
arrest, the Department of Justice first makes a genuine effort to
determine the disposition of the arrest.
(D) Every successful diversion.
(E) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
(l) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by a criminal justice
agency or organization as defined in Section 13101, and the
information is to be used for criminal justice employment, licensing,
or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished pursuant
to paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice indicate or if the genuine
effort reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program, or the
arrest was deemed a detention.
(D) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
(m) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871
of the Health and Safety Code, or any statute that incorporates the
criteria of any of those sections or this subdivision by reference,
and the information is to be used for employment, licensing, or
certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished pursuant
to paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction of an offense rendered against the applicant,
except a conviction for which the applicant has been granted relief
pursuant to Section 1203.4. 1203.4, 1203.4a,
1203.45, or 1210.1.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(C) Every arrest for an offense for which the Department of Social
Services is required by paragraph (1) of subdivision (a) of Section
1522 of the Health and Safety Code to determine if an applicant has
been arrested. However, if the records of the Department of Justice
do not contain a disposition for an arrest, the Department of Justice
shall first make a genuine effort to determine the disposition of
the arrest.
(3) Notwithstanding the requirements of the sections referenced in
paragraph (1) of this subdivision, the Department of Justice shall
not disseminate information about an arrest subsequently deemed a
detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.
(n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:
(A) Paragraph (9) of subdivision (c), when the information is to
be used by a cable corporation.
(B) Section 11105.3 or 11105.4.
(C) Section 15660 of the Welfare and Institutions Code.
(D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.
(2) With the exception of applications submitted by transportation
companies authorized pursuant to Section 11105.3, and
notwithstanding any other provision of law, whenever state summary
criminal history information is initially furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
Code, except a conviction for which the applicant has been granted
relief pursuant to Section 1203.4. 1203.4,
1203.4a, 1203.45, or 1210.1. However, with the exception of
those offenses for which registration is required pursuant to Section
290, the Department of Justice shall not disseminate information
pursuant to this subdivision unless the conviction occurred within 10
years of the date of the agency's request for information or the
conviction is over 10 years old but the subject of the request was
incarcerated within 10 years of the agency's request for information.
(B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code for which the applicant is presently awaiting
trial, whether the applicant is incarcerated or has been released on
bail or on his or her own recognizance pending trial.
(o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 379 or 550 of the Financial Code,
or any statute that incorporates the criteria of either of those
sections or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished pursuant
to paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
550 of the Financial Code, except a conviction for which the
applicant has been granted relief pursuant to Section
1203.4. 1203.4, 1203.4a, 1203.45, or 1210.1.
(B) Every arrest for a violation or attempted violation of an
offense specified in Section 550 of the Financial Code for which the
applicant is presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her own
recognizance pending trial.
(p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o),
or by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that
section or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
(2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is initially furnished pursuant
to paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction rendered against the applicant, except a
conviction for which the applicant has been granted relief pursuant
to Section 1203.4. 1203.4, 1203.4a, 1203.45,
or 1210.1.
(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
(q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent notification pursuant to Section
11105.2. This subdivision shall not supersede sections that mandate
an agency, organization, or individual to contract with the
Department of Justice for subsequent notification pursuant to Section
11105.2.
(r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other statutory
notification requirements.
(s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal criminal
history information.
(t) Whenever state or federal summary criminal history information
is furnished by the Department of Justice as the result of an
application by an authorized agency, organization, or individual
defined in subdivisions (k) to (p), inclusive, and the information is
to be used for employment, licensing, or certification purposes, the
authorized agency, organization, or individual shall expeditiously
furnish a copy of the information to the person to whom the
information relates if the
information is a basis for an adverse employment, licensing,
or certification decision. When furnished other than in person, the
copy shall be delivered to the last contact information provided by
the applicant.
SEC. 7. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
