BILL NUMBER: AB 2861	CHAPTERED  09/30/04

	CHAPTER  949
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  AUGUST 10, 2004
	AMENDED IN SENATE  JULY 13, 2004
	AMENDED IN SENATE  JUNE 22, 2004
	AMENDED IN SENATE  JUNE 9, 2004

INTRODUCED BY   Assembly Member Koretz
   (Coauthors:  Assembly Members Frommer, Leslie, and Samuelian)

                        FEBRUARY 20, 2004

   An act to amend Section  4017.1 of the Penal Code, relating to
sentenced persons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2861, Koretz.  Employment of offenders.
   Under existing law, prison inmates and persons confined in a
county jail, industrial farm, road camp, or city jail, or while
performing community service in lieu of a fine or custody, who have
been convicted of specified offenses, may not be employed so that
they have access to personal information of private individuals, as
specified.
   This bill would make an exception to this prohibition on
employment that permits access to certain personal information to
permit adults assigned to work furlough, to have access to driver's
licenses and credit cards only for the time needed to complete an
immediate transaction.


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) Except as provided in paragraph (2), 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, or who is assigned to work furlough, 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.
   (2) Persons assigned to work furlough programs may be permitted to
work in situations that allow them to retain or look at a driver's
license or credit card for no longer than the period of time needed
to complete an immediate transaction.  However, no person assigned to
work furlough shall be placed in any position that may require the
deposit of a credit card or driver's license as insurance or surety.

   (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.