BILL NUMBER: SB 970 CHAPTERED 09/22/03 CHAPTER 470 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2003 APPROVED BY GOVERNOR SEPTEMBER 20, 2003 PASSED THE SENATE SEPTEMBER 10, 2003 PASSED THE ASSEMBLY SEPTEMBER 8, 2003 AMENDED IN ASSEMBLY JUNE 26, 2003 AMENDED IN ASSEMBLY JUNE 17, 2003 AMENDED IN SENATE MAY 21, 2003 AMENDED IN SENATE MAY 6, 2003 AMENDED IN SENATE APRIL 22, 2003 INTRODUCED BY Senator Ortiz FEBRUARY 21, 2003 An act to add Sections 11077.1 and 11077.2 to, and to amend Section 11077 of, the Penal Code, relating to criminal offender record information. LEGISLATIVE COUNSEL'S DIGEST SB 970, Ortiz. Fingerprinting: criminal offender records. Existing law generally makes the Attorney General responsible for the security of criminal offender record information. This bill would require the Attorney General to establish an electronic communication network to facilitate the transmission of requests from specified entities in California for criminal offender record information for employment, licensing, certification, custodial child placement, or adoption purposes, as specified. In addition, the bill would require, as of July 1, 2005, that the Department of Justice only accept criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes if it was transmitted electronically from a department approved entity, except as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11077 of the Penal Code is amended to read: 11077. The Attorney General is responsible for the security of criminal offender record information. To this end, he or she shall: (a) Establish regulations to assure the security of criminal offender record information from unauthorized access and disclosures by individuals and public and private agencies at all levels of operation in this state. (b) Establish regulations to assure that this information is disseminated only in situations in which it is demonstrably required for the performance of an agency's or official's functions. (c) Coordinate these activities with those of any interstate systems for the exchange of criminal offender record information. (d) Cause to be initiated for employees of all agencies that maintain, receive, or are eligible to maintain or receive, criminal offender record information a continuing educational program in the proper use and control of criminal offender record information. (e) Establish regulations as he or she finds appropriate to carry out his or her functions under this article. SEC. 2. Section 11077.1 is added to the Penal Code, to read: 11077.1. (a) Commencing July 1, 2005, and except as provided by subdivision (b), the Department of Justice shall accept fingerprint images and related information to process criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes, only if those images and related information are electronically transmitted. The department shall continually monitor the statewide availability of electronic transmission sights and work with public and private entities to ensure reasonable availability is maintained. (b) The department shall, based on the regional unavailability of electronic transmission sites or when departmental processing procedures show a need, accept hard fingerprint cards in order to process criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes. SEC. 3. Section 11077.2 is added to the Penal Code, to read: 11077.2. (a) The Attorney General shall establish a communication network that allows the transmission of requests from private service providers in California to the Department of Justice for criminal offender record information for purposes of employment, licensing, certification, custodial child placement or adoption. The communication network shall allow any entity that is approved by the department to connect directly to the department. (b) Users of the communication network shall undergo initial and remedial training as determined by the department. Failure or refusal to comply with the training requirement shall terminate the connection to the communication network until the training is completed. The scope of the training and the entities' level of participation shall be determined by the department. (c) Users of the communication network shall comply with any policy, practice, procedure, or requirement deemed necessary by the department to maintain network security and stability. Failure or refusal to comply shall terminate the connection to the communication network until the department determines that there is satisfactory compliance. (d) Users of the communication network shall only use hardware and software in relation to or for connection to the communication network that is currently approved and certified by the department, the National Institute of Standards and Technology, and the Federal Bureau of Investigation. (e) Users of the communication network shall be independently responsible for securing all hardware, software, and telecommunication service or linkage necessary to accomplish connection to the communication network, once they are authorized by the department. (f) The communication network shall be implemented by July 1, 2004. (g) Nothing in this section is intended to authorize any entity to access or receive criminal offender record information from the Department of Justice.