BILL ANALYSIS
AB 297
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 297 (Solorio) - As Introduced: February 17, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies procedures for providing information and
storing data related to pre-employment background checks for law
enforcement positions. Specifically, this bill:
1)Requires the Department of Justice (DOJ) to provide the date
and agency name associated with all retained peace officer or
non-sworn law enforcement agency employee pre-employment
criminal offender record information requests.
2)Requires the DOJ to retain fingerprint images and related
information submitted as part of a peace officer or non-sworn
law enforcement agency employee pre-employment criminal
offender record information search request.
FISCAL EFFECT
Minor, if any, absorbable costs to DOJ, which states this bill
will result in less record redaction and less staff-intense
record reviews. DOJ also states that in most cases the applicant
fingerprints are currently retained.
COMMENTS
1)Rationale . According to the author, "To maximize the
probability that only the most suitable candidates are
selected as sworn peace officers and public safety
dispatchers, Commission on Peace Officers Standard and
Training (POST) background investigators need the ability to
examine the candidate's history of application to all law
enforcement agencies or departments.
AB 297
Page 2
"This bill would require the California DOJ to respond to
peace officer and public safety dispatcher applicant
fingerprint submissions with a record of that applicant's
prior applicant fingerprint submissions."
DOJ does not currently provide information concerning prior
applicant fingerprint submissions, even when responding to new
peace officer and public safety dispatcher applicant
fingerprint search requests. This bill directs DOJ to respond
to peace officer and public safety dispatcher applicant
fingerprint submissions with a record of that applicant's
prior applicant fingerprint submissions.
POST requested this information. DOJ determined it was
feasible and not costly, but that statutory authorization was
necessary to comply.
2)Current law requires DOJ to maintain state summary criminal
history information, defined as the master record of
information compiled by DOJ 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 related information. State summary criminal
history information does not refer to records and data
compiled by criminal justice agencies other than DOJ, 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 AG and the DOJ.
DOJ is required to furnish state summary criminal history
information to specified public entities if needed in the
course of their duties, as specified. Whenever state summary
criminal history information is furnished as the result of an
application for employment, licensing, or certification
purposes, DOJ may charge the person or entity making the
request a fee sufficient to reimburse DOJ's costs.
3)Support . The California Background Investigators Association
states, "This important legislation will close the loophole in
the existing law, which left unchanged could allow unqualified
peace officer candidates to be inadvertently hired as
California peace officers? AB 297 specifically directs the DOJ
to release, upon the request of a background investigator, all
AB 297
Page 3
information regarding a peace officer applicant's prior
attempts to be hired by any law enforcement agency. This
information is especially critical if an applicant has been
disqualified from other peace officer agencies and has not
been forthcoming during subsequent peace officer
applications."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081