BILL NUMBER: AB 1855 CHAPTERED
BILL TEXT
CHAPTER 990
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002
APPROVED BY GOVERNOR SEPTEMBER 27, 2002
PASSED THE ASSEMBLY AUGUST 24, 2002
PASSED THE SENATE AUGUST 20, 2002
AMENDED IN SENATE AUGUST 14, 2002
AMENDED IN SENATE JUNE 5, 2002
AMENDED IN ASSEMBLY MARCH 7, 2002
INTRODUCED BY Assembly Member Steinberg
(Principal coauthor: Assembly Member Shelley)
(Coauthors: Assembly Members Aroner, Keeley, Longville, Negrete
McLeod, Oropeza, Salinas, Strom-Martin, and Vargas)
(Coauthors: Senators Alpert and Chesbro)
JANUARY 29, 2002
An act to amend Section 11105.3 of the Penal Code, relating to
criminal history information.
LEGISLATIVE COUNSEL'S DIGEST
AB 1855, Steinberg. Criminal history information.
Existing law provides that agencies responsible for determining
the character and fitness of a person applying for employment or a
license, or as a volunteer, within a human services field in which he
or she would be involved in the care and security of, or would have
supervisory or disciplinary power over, members of vulnerable
populations, including children, the elderly, or the mentally
impaired, may request, and the Department of Justice shall provide,
the criminal history information of those applicants or volunteers,
as specified, with respect to certain enumerated offenses.
This bill would provide that this information may also be provided
in the case of individuals applying to become volunteers who would
transport persons who are impaired by drugs or alcohol. This bill
would also make various changes to the list of offenses about which
the Department of Justice would be permitted to provide information
and the time period after the commission or incarceration for
commission of these offenses during which the Department of Justice
would be permitted to provide the information, as specified.
This bill would incorporate certain changes made by SB 900 that
would become operative if both bills are enacted and this bill is
enacted after SB 900.
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 (h) 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 a nonprofit organization. The department shall
destroy an application within six months after the requested
information is sent to the employer and applicant.
(c) (1) Where a request pursuant to this section reveals that a
prospective employee or volunteer has been convicted of an offense
specified in paragraph (1) of subdivision (h), 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. 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 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) Records of the following offenses shall be furnished as
provided in subdivision (a), with the exception of transportation
companies authorized pursuant to this section:
(1) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
15660 of the Welfare and Institutions Code. 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 application or
the conviction is over 10 years old but the subject of the request
was incarcerated within 10 years of the application.
(2) Every arrest for a violation or attempted violation of an
offense specified in 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.
(i) 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.
SEC. 1.5. 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.
(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.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 11105.3 of the Penal Code proposed by both this bill and SB
900. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2003, (2) each bill
amends Section 11105.3 of the Penal Code, and (3) this bill is
enacted after SB 900, in which case Section 1 of this bill shall not
become operative.