Bill Text: CA AB465 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Youth sports: criminal background checks.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-26 - Chaptered by Secretary of State - Chapter 146, Statutes of 2013. [AB465 Detail]

Download: California-2013-AB465-Enrolled.html

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BILL NUMBER: AB 465	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 8, 2013
	PASSED THE ASSEMBLY  AUGUST 8, 2013
	AMENDED IN SENATE  JUNE 18, 2013
	AMENDED IN ASSEMBLY  APRIL 18, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013

INTRODUCED BY   Assembly Members Bonilla and Maienschein
   (Principal coauthor: Senator DeSaulnier)
   (Coauthors: Assembly Members Dahle, Dickinson, Medina, Mitchell,
Waldron, and Wilk)
   (Coauthor: Senator Anderson)

                        FEBRUARY 19, 2013

   An act to amend Section 11105.3 of the Penal Code, relating to
criminal history.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 465, Bonilla. Youth sports: criminal background checks.
   Existing law authorizes specified entities to receive state
summary criminal history information from the Department of Justice.
Existing law also requires mandated reporters, as defined, to report
child abuse and neglect to local law enforcement.
   This bill would authorize a community youth athletic program, as
defined, to request state and federal level criminal offender record
information and subsequent arrest notification. The bill would state
that performing the background check does not remove or limit the
liability of a mandated reporter.


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

  SECTION 1.  Section 11105.3 of the Penal Code is amended to read:
   11105.3.  (a) Notwithstanding any other law, a human resource
agency or an employer may request from the Department of Justice
records of all convictions or any arrest pending adjudication
involving the offenses specified in subdivision (a) of Section 15660
of the Welfare and Institutions Code of a person who applies for a
license, employment, or volunteer position, in which he or she would
have supervisory or disciplinary power over a minor or any person
under his or her care. The department shall furnish the information
to the requesting employer and shall also send a copy of the
information to the applicant.
   (b) Any request for records under subdivision (a) shall include
the applicant's fingerprints, which may be taken by the requester,
and any other data specified by the department. The request shall be
on a form approved by the department, and the department may charge a
fee to be paid by the employer, human resource agency, or applicant
for the actual cost of processing the request. However, no fee shall
be charged to a nonprofit organization. Requests received by the
department for federal level criminal offender record information
shall be forwarded to the Federal Bureau of Investigation by the
department to be searched for any record of arrests or convictions.
   (c) (1) Where a request pursuant to this section reveals that a
prospective employee or volunteer has been convicted of a violation
or attempted violation of Section 220, 261.5, 262, 273a, 273d, or
273.5, or any sex offense listed in Section 290, except for the
offense specified in subdivision (d) of Section 243.4, and where the
agency or employer hires the prospective employee or volunteer, the
agency or employer shall notify the parents or guardians of any minor
who will be supervised or disciplined by the employee or volunteer.
A conviction for a violation or attempted violation of an offense
committed outside the State of California shall be included in this
notice if the offense would have been a crime specified in this
subdivision if committed in California. The notice shall be given to
the parents or guardians with whom the child resides, and shall be
given at least 10 days prior to the day that the employee or
volunteer begins his or her duties or tasks. Notwithstanding any
other provision of law, any person who conveys or receives
information in good faith and in conformity with this section is
exempt from prosecution under Section 11142 or 11143 for that
conveying or receiving of information. Notwithstanding subdivision
(d), the notification requirements of this subdivision shall apply as
an additional requirement of any other provision of law requiring
criminal record access or dissemination of criminal history
information.
   (2) The notification requirement pursuant to paragraph (1) shall
not apply to a misdemeanor conviction for violating Section 261.5 or
to a conviction for violating Section 262 or 273.5. Nothing in this
paragraph shall preclude an employer from requesting records of
convictions for violating Section 261.5, 262, or 273.5 from the
Department of Justice pursuant to this section.
   (d) Nothing in this section supersedes any law requiring criminal
record access or dissemination of criminal history information. In
any conflict with another statute, dissemination of criminal history
information shall be pursuant to the mandatory statute. This
subdivision applies to, but is not limited to, requirements pursuant
to Article 1 (commencing with Section 1500) of Chapter 3 of, and
Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
(commencing with Section 1596.70) of, Division 2 of, and Section 1522
of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of
the Family Code.
   (e) The department may adopt regulations to implement the
provisions of this section as necessary.
   (f) As used in this section, "employer" means any nonprofit
corporation or other organization specified by the Attorney General
which employs or uses the services of volunteers in positions in
which the volunteer or employee has supervisory or disciplinary power
over a child or children.
   (g) As used in this section, "human resource agency" means a
public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500)), the
California Residential Care Facilities for the Elderly Act (Chapter
3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with
Section 1568.01), and the California Child Day Care Facilities Act
(Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the
Health and Safety Code, responsible for determining the character and
fitness of a person who is:
   (1) Applying for a license, employment, or as a volunteer within
the human services field that involves the care and security of
children, the elderly, the handicapped, or the mentally impaired.
   (2) Applying to be a volunteer who transports individuals impaired
by drugs or alcohol.
   (3) Applying to adopt a child or to be a foster parent.
   (h) Except as provided in subdivision (c), any criminal history
information obtained pursuant to this section is confidential and no
recipient shall disclose its contents other than for the purpose for
which it was acquired.
   (i) As used in this subdivision, "community youth athletic program"
means an employer having as its primary purpose the promotion or
provision of athletic activities for youth under 18 years of age.
   (j) A community youth athletic program, as defined in subdivision
(i), may request state and federal level criminal history information
pursuant to subdivision (a) for a volunteer coach or hired coach
candidate. The director of the community youth athletic program shall
be the custodian of records.
   (k) The community youth athletic program may request from the
Department of Justice subsequent arrest notification service, as
provided in Section 11105.2, for a volunteer coach or a hired coach
candidate.
   (l) Compliance with this section does not remove or limit the
liability of a mandated reporter pursuant to Section 11166.