BILL NUMBER: SB 1314 CHAPTERED
BILL TEXT
CHAPTER 184
FILED WITH SECRETARY OF STATE JULY 23, 2004
APPROVED BY GOVERNOR JULY 23, 2004
PASSED THE SENATE JULY 12, 2004
PASSED THE ASSEMBLY JULY 1, 2004
AMENDED IN ASSEMBLY JUNE 3, 2004
AMENDED IN SENATE APRIL 19, 2004
INTRODUCED BY Senator Ortiz
FEBRUARY 17, 2004
An act to amend Sections 11105, 11105.3, and 14203 of the Penal
Code, to amend Section 5164 of the Public Resources Code, and to
amend Sections 2432.3 and 13377 of the Vehicle Code, relating to
criminal history information, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1314, Ortiz. Criminal history information.
Existing law requires the Department of Justice to furnish various
agencies and entities with specified parts of a person's state
summary criminal history information when that information is used
for employment, licensing, or certification purposes, and permits the
department to furnish that information, upon a showing of a
compelling need, to listed entities, as specified. In particular, it
requires the department to provide that information to state
government officials if required to implement state provisions that
expressly refer to specific criminal conduct applicable to a person,
and that contain requirements, exclusions, or both, expressly based
upon that specified criminal conduct. It similarly requires the
department to provide the information to local government officials,
if authorized by the local government, and if necessary to implement
local provisions that refer to specific criminal conduct applicable
to a person and that contain requirements, exclusions, or both,
expressly based upon that specified criminal conduct.
This bill would authorize state and local government officials in
these circumstances to transmit fingerprint images and related
information to the department to be transmitted to the Federal Bureau
of Investigation.
Existing law requires that specified provisions of the Code of
Federal Regulations be followed in processing federal criminal
history information when requested concerning persons seeking
licenses or positions with supervisory or disciplinary power over
minors or over others under their care.
This bill would impose the requirement that those regulatory
provisions be followed in processing federal criminal history
information on the general statutory scheme for maintenance and
distribution of criminal history information by the department.
This bill would also make numerous changes in that law, some
clarifying, some technical, and others expanding or limiting the
information that would be provided to specified requesters concerning
applicants for employment, licensing, or certification. It would
make and declare a legislative finding that nothing in its provisions
is intended to overrule the decisions, orders, or judgments in 2
specified court cases, and would state that nothing in it shall be
construed as an implied amendment to a law forbidding employer
efforts to obtain information on arrests or detentions that did not
result in convictions, as specified.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, date
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) Probation officers of the state.
(6) Parole officers of the state.
(7) 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.
(8) A public defender or attorney of record when representing a
person in a criminal case and if authorized access by statutory or
decisional law.
(9) 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.
(10) Any city or county, or city and county, or 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, or city and county, or 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.
(11) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120) of Chapter 1 of Title 1 of Part 4.
(12) 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.
(13) Health officers of a city, county, or city and county, or
district, when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(15) 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 level 1 humane
officers.
(16) 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.
(17) 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.
(c) The Attorney General may furnish state summary 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 a peace officer of another country.
(4) 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.
(5) 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.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) 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.
(9) Any public utility as defined in Section 216 of the Public
Utilities Code, if access is needed in order to assist in employing
current or prospective employees who in the course of their
employment may be seeking entrance to private residences. 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.
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.
Any information obtained from the state summary criminal history
is confidential and the receiving public utility 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 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.
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 to recover damages
proximately caused by the violations. Any public utility's request
for state summary criminal history information for purposes of
employing current or prospective employees who may be seeking
entrance to private residences in the course of their employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request state summary criminal history
information on any current or prospective employees.
(10) 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.
(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 12054 of the Penal
Code, and 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 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.
(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 of the Penal Code,
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 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.
(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 furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
(A) Every conviction of an offense 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 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 is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to Section 11105.3 or 11105.4 of
this code, Section 15660 of the Welfare and Institutions 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) 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 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. 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 261 or 777.5 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 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
777.5 of the Financial Code.
(B) Every arrest for a violation or attempted violation of an
offense specified in Section 777.5 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 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.
(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 arrest 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 arrest 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.
SEC. 2. 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.
SEC. 3. Section 14203 of the Penal Code is amended to read:
14203. (a) The online missing persons registry shall accept and
generate complete information on a missing person.
(b) The information on a missing person shall be retrievable by
any of the following:
(1) The person's name.
(2) The person's date of birth.
(3) The person's social security number.
(4) Whether a dental chart has been received, coded, and entered
into the National Crime Information Center Missing Person System by
the Attorney General.
(5) The person's physical description, including hair and eye
color and body marks.
(6) The person's known associates.
(7) The person's last known location.
(8) The name or assumed name of the abductor, if applicable, other
pertinent information relating to the abductor or the assumed
abductor, or both.
(9) Any other information, as deemed appropriate by the Attorney
General.
(c) The Attorney General, in consultation with local law
enforcement agencies and other user groups, shall develop the form in
which information shall be entered into the system.
(d) The Attorney General shall establish and maintain within the
center a separate, confidential historic database relating to missing
children and dependent adults. The historic database may be used
only by the center for statistical and research purposes. The
historic database shall be set up to categorize cases relating to
missing children and dependent adults by type. These types shall
include the following: runaways, voluntary missing, lost, abduction
involving movement of the victim in the commission of the crime or
sexual exploitation of the victim, nonfamily abduction, family
abduction, and any other categories as determined by the Attorney
General. In addition, the data shall include the number of missing
children and missing dependent adults in this state and the category
of each case.
(e) The center may supply information about specific cases from
the historic database to a local police department, sheriff's
department, or district attorney, only in connection with an
investigation by the police department, sheriff's department, or
district attorney of a missing person case or 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.
SEC. 4. Section 5164 of the Public Resources Code is amended to
read:
5164. (a) (1) A county or city or city and county or special
district shall not hire a person for employment, or hire a volunteer
to perform services, at a county or city or city and county or
special district operated park, playground, recreational center, or
beach used for recreational purposes, in a position having
supervisory or disciplinary authority over any minor, if that person
has been convicted of any offense specified in paragraph (2).
(2) (A) Violations or attempted violations of Section 220, 261.5,
262, 273a, 273d, or 273.5 of the Penal Code, or any sex offense
listed in Section 290 of the Penal Code, except for the offense
specified in subdivision (d) of Section 243.4 of the Penal Code.
(B) Any felony or misdemeanor conviction specified in subparagraph
(C) within 10 years of the date of the employer's request.
(C) Any felony conviction that is over 10 years old, if the
subject of the request was incarcerated within 10 years of the
employer's request, for a violation or attempted violation of any of
the offenses specified in Chapter 3 (commencing with Section 207) of
Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal
Code, wherein it is charged and proved that the defendant personally
used a deadly or dangerous weapon, as provided in subdivision (b) of
Section 12022 of the Penal Code, in the commission of that offense,
Section 217.1 of the Penal Code, Section 236 of the Penal Code, any
of the offenses specified in Chapter 9 (commencing with Section 240)
of Title 8 of Part 1 of the Penal Code, or any of the offenses
specified in subdivision (c) of Section 667.5 of the Penal Code,
provided that no record of a misdemeanor conviction shall be
transmitted to the requester unless the subject of the request has a
total of three or more misdemeanor convictions, or a combined total
of three or more misdemeanor and felony convictions, for violations
listed in this section within the 10-year period immediately
preceding the employer's request or has been incarcerated for any of
those convictions within the preceding 10 years.
(b) (1) To give effect to this section, a county or city or city
and county or special district shall require each such prospective
employee or volunteer to complete an application that inquires as to
whether or not that individual has been convicted of any offense
specified in subdivision (a). The county or city or city and county
or special district shall screen, pursuant to Section 11105.3 of the
Penal Code, any such prospective employee or volunteer, having
supervisory or disciplinary authority over any minor, for that person'
s criminal background.
(2) Any local agency requests for Department of Justice records
pursuant to this subdivision shall include the prospective employee's
or volunteer's fingerprints, which may be taken by the local agency,
and any other data specified by the Department of Justice. The
request shall be made on a form approved by the Department of
Justice. No fee shall be charged to the local agency for requesting
the records of a prospective volunteer pursuant to this subdivision.
SEC. 5. Section 2432.3 of the Vehicle Code is amended to read:
2432.3. (a) This article does not preempt the authority of any
city, city and county, or county to regulate, pursuant to subdivision
(g) of Section 21100, any of the matters covered by this article.
(b) (1) For the purposes of verifying the criminal history of
individuals involved in the operation of tow truck services, law
enforcement agencies of any city, city and county, or county may
conduct criminal history checks for all of the following:
(A) Applicants for employment to drive tow trucks.
(B) Those who drive tow trucks.
(C) Tow truck owners-operators.
(2) The law enforcement agency may obtain the fingerprints of the
individuals on a form approved by the Department of Justice and
provided by the agency. The fingerprint samples shall be submitted
to the Department of Justice for the purpose of determining whether
the individual has been convicted of any violation, including, but
not limited to, Section 220, subdivision (1), (2), (3), or (4) of
Section 261, or Section 264.1, 267, 288, or 289 of the Penal Code, or
any felony or three misdemeanors as set forth in subparagraph (B) of
paragraph (2) of subdivision (a) of Section 5164 of the Public
Resources Code.
(3) For purposes of conducting criminal history screening of tow
truck driver applicants, employees, and employers who have not
resided continuously in the state for the previous seven years, the
law enforcement agency of any city, city and county, or county, may
obtain a second set of fingerprints, when necessary, and may submit
that card to the Federal Bureau of Investigation for out-of-state
criminal history checks.
(c) The law enforcement agency of any city, city and county, or
county may charge a fee sufficient to cover the cost of obtaining and
processing the fingerprint cards through the Department of Justice.
(d) For the purposes of conducting driver history screening of
applicants to drive tow trucks, employees, and owners-operators, the
law enforcement agency of any city, city and county, or county may
verify that the applicant or owner-operator, as the case may be, has
a valid California driver's license of the proper class, through the
use of the automated records system.
(e) The Department of Justice shall develop a procedure whereby it
will notify the requesting law enforcement agency if the person
fingerprinted has been convicted of any of the specified crimes or is
convicted of a specified crime subsequent to employment or beginning
operation of a tow service. The Department of Justice shall release
the requested information to the requesting agency.
(f) Information released to the requesting agency may be utilized
for licensing and regulating procedures established pursuant to
subdivision (g) of Section 21100.
(g) Information released to the requesting agency shall be related
to its inquiry, shall remain confidential, and shall not be made
public.
SEC. 6. Section 13377 of the Vehicle Code is amended to read:
13377. (a) The department shall not issue or renew, or shall
revoke, the tow truck driver certificate of an applicant or holder
for any of the following causes:
(1) The tow truck driver certificate applicant or holder has been
convicted of a violation of Section 220 of the Penal Code.
(2) The tow truck driver certificate applicant or holder has been
convicted of a violation of paragraph (1), (2), (3), or (4) of
subdivision (a) of Section 261 of the Penal Code.
(3) The tow truck driver certificate applicant or holder has been
convicted of a violation of Section 264.1, 267, 288, or 289 of the
Penal Code.
(4) The tow truck driver certificate applicant or holder has been
convicted of any felony or three misdemeanors as set forth in
subparagraph (B) of paragraph (2) of subdivision (a) of Section 5164
of the Public Resources Code.
(5) The tow truck driver certificate applicant's or holder's
driving privilege has been suspended or revoked in accordance with
any provisions of this code.
(b) For purposes of this section, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. For purposes of this section, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, is
conclusive evidence of the conviction.
(c) Whenever the department receives information from the
Department of Justice, or the Federal Bureau of Investigation, that a
tow truck driver has been convicted of an offense specified in
paragraph (1), (2), (3), or (4) of subdivision (a), the department
shall immediately notify the employer and the Department of the
California Highway Patrol.
(d) An applicant or holder of a tow truck driver certificate,
whose certificate was denied or revoked, may reapply for a
certificate whenever the applicable felony or misdemeanor conviction
is reversed or dismissed. If the cause for the denial or revocation
was based on the suspension or revocation of the applicant's or
holder's driving privilege, he or she may reapply for a certificate
upon restoration of his or her driving privilege. A termination of
probation and dismissal of charges pursuant to Section 1203.4 of the
Penal Code or a dismissal of charges pursuant to Section 1203.4a of
the Penal Code is not a dismissal for purposes of this section.
SEC. 7. The Legislature finds and declares that nothing in this
act is intended to overrule the decisions, orders, or judgments in
Central Valley v. Younger (1989) 214 Cal.App.3d 145, or the related
case of Gresher v. Deukmejian (Alameda Superior Court No. 524298-6).
SEC. 8. Nothing in this act shall be construed as an implied
amendment of subdivision (a) of Section 432.7 of the Labor Code that
would lessen the protections provided by that section.
SEC. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
To allow for proper criminal history information to be provided to
appropriate requesters as necessary for public safety at the
earliest possible time, it is necessary that this bill take effect
immediately.