BILL NUMBER: AB 2456 CHAPTERED
BILL TEXT
CHAPTER 196
FILED WITH SECRETARY OF STATE JULY 17, 2002
APPROVED BY GOVERNOR JULY 16, 2002
PASSED THE ASSEMBLY JUNE 30, 2002
PASSED THE SENATE JUNE 27, 2002
AMENDED IN SENATE JUNE 25, 2002
AMENDED IN SENATE JUNE 13, 2002
AMENDED IN ASSEMBLY APRIL 30, 2002
AMENDED IN ASSEMBLY APRIL 10, 2002
INTRODUCED BY Assembly Member Jackson
(Coauthor: Assembly Member Koretz)
FEBRUARY 21, 2002
An act to amend Sections 4017.1 and 5071 of the Penal Code, and to
amend Section 219.5 of the Welfare and Institutions Code, relating
to employment of offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 2456, Jackson. Employment of offenders.
Under existing law, prison inmates and persons confined in a
county jail, industrial farm, road camp, or city jail, who have been
convicted of specified offenses, may not be employed so that they
have access to personal information of private individuals, as
specified. Under existing law, wards of the juvenile court or the
Department of the Youth Authority, who have been adjudicated as
having committed any of these same specified offenses, are not
permitted to perform any function that provides them access to
personal information of private individuals, as specified. Under
existing law, the personal information to which each of these inmates
and wards is denied access is specified to include, but not be
limited to, social security numbers, addresses, driver's license
numbers, credit card numbers, and telephone numbers.
This bill would expand the list of specifically included types of
personal information to which these parties are denied access by
adding an array of identification and identity-related materials. It
would also expand the prohibition on employment that permits access
to this personal information to cover any person convicted of one of
the specified offenses while that person is performing community
service in lieu of a fine or custody.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4017.1 of the Penal Code is amended to read:
4017.1. (a) Any person confined in a county jail, industrial
farm, road camp, or city jail who is required or permitted by an
order of the board of supervisors or city council to perform work,
and who is described in subdivision (b), and any person while
performing community service in lieu of a fine or custody who is
described in subdivision (b), may not be employed to perform any
function that provides access to personal information of private
individuals, including, but not limited to: addresses; telephone
numbers; health insurance, taxpayer, school, or employee
identification numbers; mothers' maiden names; demand deposit
account, debit card, credit card, savings, or checking account
numbers, PINs, or passwords; social security numbers; places of
employment; dates of birth; state or government issued driver's
license or identification numbers; alien registration numbers;
government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Subdivision (a) shall apply to a person who has been convicted
of an offense described by any of the following categories:
(1) An offense involving forgery or fraud.
(2) An offense involving misuse of a computer.
(3) An offense for which the person is required to register as a
sex offender pursuant to Section 290.
(4) An offense involving any misuse of the personal or financial
information of another person.
(c) Any person confined in a county jail, industrial farm, road
camp, or city jail who has access to any personal information shall
disclose that he or she is confined before taking any personal
information from anyone.
(d) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.
SEC. 2. Section 5071 of the Penal Code is amended to read:
5071. (a) The Director of Corrections shall not assign any prison
inmate described in subdivision (b) to employment that provides that
inmate with access to personal information of private individuals,
including, but not limited to: addresses; telephone numbers; health
insurance, taxpayer, school, or employee identification numbers;
mothers' maiden names; demand deposit account, debit card, credit
card, savings, or checking account numbers, PINs, or passwords;
social security numbers; places of employment; dates of birth; state
or government issued driver's license or identification numbers;
alien registration numbers; government passport numbers; unique
biometric data, such as fingerprints, facial scan identifiers, voice
prints, retina or iris images, or other similar identifiers; unique
electronic identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Subdivision (a) shall apply to a person who has been convicted
of an offense described by any of the following categories:
(1) An offense involving forgery or fraud.
(2) An offense involving misuse of a computer.
(3) An offense for which the person is required to register as a
sex offender pursuant to Section 290.
(4) An offense involving any misuse of the personal or financial
information of another person.
(c) Any person who is a prison inmate, and who has access to any
personal information, shall disclose that he or she is a prison
inmate before taking any personal information from anyone.
(d) This section shall not apply to inmates in employment programs
or public service facilities where incidental contact with personal
information may occur.
SEC. 3. Section 219.5 of the Welfare and Institutions Code is
amended to read:
219.5. (a) No ward of the juvenile court or Department of the
Youth Authority shall perform any function that provides access to
personal information of private individuals, including, but not
limited to: addresses; telephone numbers; health insurance,
taxpayer, school, or employee identification numbers; mothers' maiden
names; demand deposit account, debit card, credit card, savings or
checking account numbers, PINs, or passwords; social security
numbers; places of employment; dates of birth; state or government
issued driver's license or identification numbers; alien registration
numbers; government passport numbers; unique biometric data, such as
fingerprints, facial scan identifiers, voice prints, retina or iris
images, or other similar identifiers; unique electronic
identification numbers; address or routing codes; and
telecommunication identifying information or access devices.
(b) Subdivision (a) shall apply to a person who has been
adjudicated to have committed an offense described by any of the
following categories:
(1) An offense involving forgery or fraud.
(2) An offense involving misuse of a computer.
(3) An offense for which the person is required to register as a
sex offender pursuant to Section 290 of the Penal Code.
(4) An offense involving any misuse of the personal or financial
information of another person.
(c) If asked, any person who is a ward of the juvenile court or
the Department of the Youth Authority, and who has access to any
personal information, shall disclose that he or she is a ward of the
juvenile court or the Department of the Youth Authority before taking
any personal information from anyone.
(d) Any program involving the taking of personal information over
the telephone by a person who is a ward of the juvenile court or the
Department of the Youth Authority, shall be subject to random
monitoring of those telephone calls.
(e) Any program involving the taking of personal information by a
person who is a ward of the juvenile court or the Department of the
Youth Authority shall provide supervision at all times of the ward's
activities.
(f) This section shall not apply to wards in employment programs
or public service facilities where incidental contact with personal
information may occur.