BILL NUMBER: AB 1738	CHAPTERED  10/04/05

	CHAPTER  520
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2005
	APPROVED BY GOVERNOR  OCTOBER 4, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 23, 2005
	AMENDED IN SENATE  JUNE 21, 2005
	AMENDED IN SENATE  JUNE 2, 2005

INTRODUCED BY   Committee on Local Government (Salinas (Chair),
Emmerson (Vice Chair), De La Torre, Houston, Lieber, Nation, and
Wolk)

                        MARCH 2, 2005

   An act to amend Section 27395 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1738, Committee on Local Government  Electronic recordings:
computer security auditors.
   The Electronic Recording Delivery Act of 2004 authorizes, among
other things, a county recorder, upon approval by a resolution of the
board of supervisors and system certification by the Attorney
General, to establish an electronic recording delivery system for the
delivery and recording of specified digitized and digital electronic
records, subject to specified conditions, including system
certification, regulation, and oversight by the Attorney General.
   The act also requires that a computer security auditor who is
hired to perform an independent audit of the electronic recording
delivery system shall have access to any aspect of the system. The
act also requires that no person may be a computer security auditor
or be granted secure access to an electronic recording delivery
system if he or she has been convicted of a felony, has been
convicted of a misdemeanor related to theft, fraud, or a crime of
moral turpitude, or if he or she has pending criminal charges for any
of these crimes and requires all persons entrusted with secure
access to the system to submit their fingerprints to the Attorney
General for a criminal records check pursuant to specified procedures
to determine whether they are eligible to have access to an
electronic recording delivery system.
   This bill would specify that for these purposes a person's
criminal history information also includes federal convictions and
arrests and would require the Department of Justice to forward
requests from the Attorney General to the Federal Bureau of
Investigation for this information. The bill would also require the
Attorney General to review and compile this information to determine
the person's eligibility to have access to an electronic recording
delivery system and would authorize the Department of Justice to
charge a fee to cover the cost of processing federal criminal
offender record information.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 27395 of the Government Code is amended to
read:
   27395.  (a) No person shall be a computer security auditor or be
granted secure access to an electronic recording delivery system if
he or she has been convicted of a felony, has been convicted of a
misdemeanor related to theft, fraud, or a crime of moral turpitude,
or if he or she has pending criminal charges for any of these crimes.
A plea of guilty or no contest, a verdict resulting in conviction,
or the forfeiture of bail, shall be a conviction within the meaning
of this section, irrespective of a subsequent order under Section
1203.4 of the Penal Code.
   (b) All persons entrusted with secure access to an electronic
recording delivery system shall submit fingerprints to the Attorney
General for a criminal records check according to regulations adopted
pursuant to Section 27393.
   (c) (1) The Attorney General shall submit to the Department of
Justice the fingerprint images and related information of persons
with secure access to the electronic recording delivery system and
computer security auditors for the purpose of obtaining information
as to the existence and nature of a record of state or federal
convictions and arrests for which the Department of Justice
establishes that the applicant was released on bail or on his or her
own recognizance pending trial.
   (2) The Department of Justice shall respond to the Attorney
General for criminal offender record information requests submitted
pursuant to this section, with information as delineated in
subdivision (l) of Section 11105 of the Penal Code.
   (3) The Department of Justice shall forward requests from the
Attorney General to the Federal Bureau of Investigation for federal
summary criminal history information pursuant to this section.
   (4) The Attorney General shall review and compile the information
from the Department of Justice and the Federal Bureau of
Investigation to determine whether a person is eligible to access an
electronic recording delivery system pursuant to this article.
   (5) The Attorney General shall request subsequent arrest
notification service, pursuant to Section 11105.2 of the Penal Code,
for all persons with secure access to the electronic recording
delivery system and all computer security auditors.
   (d) The Attorney General shall deliver written notification of an
individual's ineligibility for access to an electronic recording
delivery system to the individual, his or her known employer, the
computer security auditor, and the county recorder.
   (e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing a state or federal criminal offender
record information request and any other costs incurred pursuant to
this section.
   (f) The Attorney General shall define "secure access" by
regulation and by agreement with the county recorder in the system
certification.