BILL NUMBER: SB 1417	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Cox
   (Principal coauthor: Assembly Member Smyth)
   (Coauthor: Assembly Member Beall)

                        FEBRUARY 19, 2010

   An act to amend Sections 10401,  14500,  14501, and 14502
of,  to amend the heading of Part 11 (commencing with Section
14500) of Division 3 of Title 1 of,  to add  Section
14504   Sections 14504 and 14505  to, and to repeal
Section 10402 of, the Corporations Code, and to amend Sections 11105
and 13300 of the Penal Code, relating to corporations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1417, as amended, Cox. Corporations for prevention of cruelty
to  children or  animals.
   Existing law authorizes corporations for the prevention of cruelty
to children or animals, or both, to be formed under the Nonprofit
Public Benefit Corporation Law and requires the articles of
incorporation for those corporations to be endorsed, as evidence of
necessity, by the Department of Justice or by a judge of the superior
court of the county in which the society's principal office is
located, as specified.
   This bill would eliminate the option of endorsement by the
Department of Justice and thus would require the endorsement of a
judge. It would require these societies to serve a copy of the
 application for endorsement to   Petition for
Order Endorsing Articles of Incorporation on  the State Humane
Association of California and each law enforcement agency and animal
control agency having jurisdiction in the county in which the society
proposes to operate. The bill would also authorize those parties to
file opposition to the  application   petition
 and for the filer to reply, as specified.
    Existing law requires a city or county, or city and county, to
pay up to $500 per month to a society actively engaged in enforcing
state laws for the prevention of cruelty to animals or children.
   This bill would instead authorize local governments to enter into
contracts with these societies for the enforcement of these laws and
would also permit these societies to enforce these laws without a
contract.
   Existing law requires a humane society or society for the
prevention of cruelty to animals that proposes to appoint a humane
officer to submit an application for appointment to a judge of the
superior court for the county in which the society is located,
including a copy of the resolution appointing the person, and
documentation that the person has satisfactorily completed required
training, as specified. Upon receipt of a report from the Department
of Justice of the record, if any, of the proposed appointee, existing
law requires the judge to review the appointee's qualifications and
fitness to act as a humane officer, and either confirm or deny the
appointment.
   This bill would require that, prior to submitting an application
for appointment, a society's articles of incorporation shall have
been endorsed at least 5 years earlier,  if incorporated on or
after January 1, 2011,  and that the society shall have been
operating an animal shelter for at least 3 years  , except as
specified,  and have been in compliance with all  applicable
 federal, state, and local laws for at least 5 years. The bill
would require a society seeking reaffirmation of an appointment of a
humane officer to serve a copy of the application on  the
Department of the California Highway Patrol, the Department of
Justice, and  the same agencies and association that the society
would be required to serve with a copy of its  application
for endorsement   ,   Petition for
Order Endorsing  and would provide comparable rights and
procedures for the recipients to object.
   Under existing law, a local law enforcement agency or the State
Humane Association of California may petition for a revocation
hearing regarding a humane officer's appointment.
    This bill would also require a party petitioning for a revocation
to serve copies of specified documents on the State Humane
Association of California and each law enforcement agency and animal
control agency having jurisdiction in the county in which the society
is located, as specified. The bill would also require the judge, in
determining whether to confirm the appointment, to consider any
documentation submitted to the judge in support of, or opposition to,
the proposed appointment.
   Existing law prescribes the powers and qualifications of level 1
and level 2 humane officers. Level 1 humane officers are authorized
to carry firearms, subject to specified requirements.
   This bill would  authorize all humane officers to carry
firearms subject to   impose additional  specified
requirements  for a level 1 humane officer to carry firearms
 , including requiring a humane officer to certify compliance
with specified continuing education and training requirements,
including the use of firearms during each 3-year period following his
or her appointment, and would provide that failure to comply shall
result in revocation of the appointment at the end of the 3-year
term. The bill would also specify additional requirements for the
initial and continued use of firearms. The bill would also require a
society to possess liability insurance of at least $1,000,000.
   Existing law requires the Department of Justice to maintain state
summary criminal history information, as defined, and to provide that
information to persons holding specified occupations including,
without limitation, probation officers and parole officers. Existing
law requires local criminal justice agencies to maintain similar
information and provide that information to specified agencies and
persons holding specified occupations.
   This bill would add humane officers to the specified persons to
whom the Department of Justice and local criminal justice agencies
are required to provide the criminal history information.
   By expanding the duties of local criminal justice agencies, this
bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 10401 of the Corporations Code is amended to
read:
   10401.  (a) (1) All articles of incorporation of these
corporations filed with the Secretary of State shall be endorsed by a
judge of the superior court of the county in which the principal
office of the corporation is located, as evidence of necessity. The
incorporators shall file in superior court an application entitled,
 "Application for the Endorsement of   "Petition
for Order Endorsing  Articles of Incorporation of a
Corporation/Society for the Prevention of Cruelty to Animals,"
together with a proposed order entitled "Order Endorsing the Articles
of Incorporation of [insert name] as a Society for the Prevention of
Cruelty to Animals."  The petition shall include evidence
regarding the need for the corporation. 
   (2) The incorporators shall serve a copy of the application on the
local  law enforcement agencies, including the 
 city  police departments and the sheriff's department
having jurisdiction in the county in which the society is located, on
the animal control agencies in that county, and on the State Humane
Association of California.
   (b) (1) Any person served with an application pursuant to
paragraph (2) of subdivision (a) may file with the court an
opposition to the application no later than 15 court days after
service of the application and shall serve the incorporators with a
copy of the opposition.  The opposition shall include evidence
regarding the need for the corporation. 
   (2) The incorporators may file a reply to the opposition no later
than 10 court days after service of the opposition.
   (3) Opposition and reply papers shall comply with the provisions
of Rule 3.1113 of the California Rules of Court.
   (4) The court shall rule on the application without a hearing
unless the court notifies the parties of an intention to hold a
hearing.
   (5) The incorporators shall serve notification of endorsement on
the agencies and association described in paragraph (2) of
subdivision (a).
   (6) All moving papers, including the application, opposition and
reply papers, and notification under this section, shall be served by
personal delivery, express mail, or other means reasonably
calculated to ensure delivery not later than the close of the next
business day after the application, opposition, or reply was filed or
the endorsement was received by the humane society or society for
the prevention of cruelty to animals. 
   (7) The proceeding described in paragraph (4) shall be a special
proceeding within the meaning of Section 23 of the Code of Civil
Procedure. 
  SEC. 2.  Section 10402 of the Corporations Code is repealed.
   SEC. 3.    The heading of Part 11 (commencing with
Section 14500) of Division 3 of Title 1 of the  
Corporations Code   is amended to read: 

      PART 11.  SOCIETIES FOR THE PREVENTION OF CRUELTY TO 
CHILDREN AND  ANIMALS


   SEC. 4.    Section 14500 of the  
Corporations Code   is amended to read: 
   14500.  This title extends to all corporations heretofore formed
and existing for the prevention of cruelty to  children or
 animals, but  do   does  not
extend or apply to any association, society, or corporation that uses
or specifies a name or style of the same, or substantially the same,
as that of any previously existing society or corporation in this
state organized for a like purpose.
   SEC. 3.   SEC. 5.   Section 14501 of the
Corporations Code is amended to read:
   14501.  Every society, incorporated and organized for the
prevention of cruelty to animals  , or for the prevention of
cruelty to children,  may enter into a contract with any
city, or city and county, or county, where the society is located, to
enforce the provisions of laws of this state for the prevention of
cruelty to animals,  or children,  or arresting, or
prosecuting offenders thereunder or preventing cruelty to 
animals or children, and may also take any of those actions without
  animals. A humane society may perform those actions in
the absen   ce of  a contract with a city, city and
county, or county.
   SEC. 4.   SEC. 6.   Section 14502 of the
Corporations Code is amended to read:
   14502.  (a) (1) (A) (i) On and after July 1, 1996, no entity,
other than a humane society or society for the prevention of cruelty
to animals, shall be eligible to apply for an appointment of any
individual as a humane officer, the duty of which shall be the
enforcement of the laws for the prevention of cruelty to animals. A
society shall only be eligible to apply for an appointment of a
humane officer if the following conditions are met:
   (I)  A   If incorporated on   or
after January 1, 2011, a  minimum of five years have passed
since its articles of incorporation were endorsed pursuant to Section
10401.
   (II) It has been operating an animal shelter for a minimum of
three years  , or it has a written agreement with another entity,
such as a public animal control shelter or licensed veterinary
clinic, that provides for the humane care and treatment of any
animals seized by it, and for the preservation of evidence  .
   (III) It has been in compliance with all  applicable 
federal, state, and local laws for a minimum of five years.
   (ii) On and after July 1, 1996, only a person who meets the
requirements of this section may be appointed as, or perform the
duties of, a humane officer.
   (iii) Any person appointed as a humane officer prior to July 1,
1996, may continue to serve as a humane officer until the expiration
of the term of appointment only if the appointing agency maintains
records pursuant to subparagraph (C) documenting that both the
appointing agency and the humane officer meet the requirements of
this section.
   (B) Each humane society or society for the prevention of cruelty
to animals that makes application to the court for the appointment of
an individual to act as a humane officer for the humane society or
society for the prevention of cruelty to animals shall provide with
the application documentation that demonstrates that the person has
satisfactorily completed the training requirements set forth in
subdivision (i).
   (C) Each humane society or society for the prevention of cruelty
to animals for which an individual is acting as a humane officer
shall maintain complete and accurate records documenting that the
individual has successfully completed all requirements established in
this section and shall make those records available, upon request,
to the superior court, the Attorney General, or any entity duly
authorized to review that information, including the State Humane
Association of California. The records shall include the full name
and address of each humane officer.
   (2) The humane society or society for the prevention of cruelty to
animals shall possess insurance of at least one million dollars
($1,000,000) for liability for bodily injury or property damage.
   (3) Each appointment of a humane officer shall be by separate
resolution by the board of directors or trustees of the humane
society or society for the prevention of cruelty to animals duly
entered in its minutes. The resolution shall state the full name and
address of the appointing agency, the full name of the person so
appointed, the fact that he or she is a citizen of the State of
California,  and  that he or she has met the
training guidelines set forth in subdivision (i), and  whether he
or she is authorized to carry a weapon pursuant to this section. The
resolution  shall also designate the number of the badge to be
allotted to the officer.
   (b) The humane society or society for the prevention of cruelty to
animals shall  recommend any appointee to the judge of
  file with  the superior court in and for the
county or city and county in which the humane society is located
 , and shall deliver to the judge   a Petition
for Order Confirming Appointment of a Humane Officer, and shall
deliver to the court  a copy of the resolution appointing the
person, duly certified to be correct by the president and secretary
of the corporation and attested by its seal, together with 
the fingerprints of the appointee taken on standard 8X8-inch cards
  criminal record offender information, if any, obtained
regarding the person pursuant to subdivision (c)  , proof of
the society's proper incorporation in compliance with Part 9
(commencing with Section 10400) of Division 2, a copy of the society'
s liability for bodily injury or property damage insurance policy in
the amount of at least one million dollars ($1,000,000),  and
 documentation establishing that the appointee has
satisfactorily completed the training requirements set forth in this
section  , and documentation establishing that the humane society
or society for the prevention of cruelty to animals is in compliance
with subclause (II) of clause (i) of subparagraph (A) of paragraph
(1) of subdivision (a)  . 
   (c) The judge shall send a copy of the resolution, together with
the fingerprints of the appointee, to the Department of Justice,
which shall thereupon submit to the judge, in writing, a report of
the record in its possession, if any, of the appointee. If the

    (c)     Prior to filing the Petition for
Order Confirming the Appointment of a Humane Officer, the humane
society or society for the prevention of cruelty to animals shall
obtain criminal record offender information from the Department of
Justice. If the  Department of Justice has no record of the
appointee, it shall so report  to the judge  in
writing.
   (d) Upon receipt of the  report, the judge  
Petition for Order Confirming   Appointment of a Humane
Officer, the court shall review the matter of the appointee's
qualifications and fitness to act as a humane officer, taking into
consideration any documentation  he or she   it
 has received in support of, or in opposition to, the person's
 appointment and, if he or she reaffirms the appointment,
  appointment. If the court finds cause to confirm t
  he appointment of the humane officer, it  shall so
state on a court order. The appointee shall thereupon file a
certified copy of the  reviewed  court order in the
office of the county clerk of the county or city and county and
shall, at the same time, take and subscribe the oath of office
prescribed for constables or other peace officers.  The appointee
shall also provide a copy of the Order Confirming Appointment to the
State Humane Association of California and the Department of
Justice. 
   (e) The county clerk shall thereupon immediately enter in a book
to be kept in his or her office and designated "Record of Humane
Officers" the name of the officer, the name of the agency appointing
him or her, the number of his or her badge, the name of the judge
appointing him or her, and the date of the filing. At the time of the
filing the county clerk shall collect from the officer a fee of five
dollars ($5), which shall be in full for all services to be
performed by the county clerk under this section.
   (f) All appointments of humane officers shall automatically expire
if the society disbands or legally dissolves.  In addition,
all appointments of humane officers shall automatically expire within
three years from the date on which the certified copy of the court
order was filed with the county clerk. 
   (g) (1) The corporation appointing an officer may revoke an
appointment at any time by filing in the office of the county clerk
in which the appointment of the officer is recorded a copy of the
revocation in writing under the letterhead of the corporation and
duly certified by its executive officer. Upon the filing the county
clerk shall enter the fact of the revocation and the date of the
filing thereof opposite the name of the officer in the record of
humane officers.
   (2) Notwithstanding paragraph (1),  a revocation hearing
may be initiated by petition from  any duly authorized
sheriff or local police agency or the State Humane Association of
California  may initiate a revocation hearing by filing a
petition to Revoke Appointment of a Humane Officer  . The
petition shall show cause why an appointment should be revoked and
shall be made to the superior court in the jurisdiction of the
appointment. Filing, service, and format protocol shall conform to
the law and motion requirements under the Code of Civil Procedure,
California Rules of Court, and this code.  A proceeding pursuant
to this paragraph shall be a special proceeding within the meaning of
  Section 23 of the Code of Civil Procedure. 
   (A) Notice of the hearing date and a copy of the petition shall be
served in the same manner as a summons upon the humane officer
subject to the petition, the corporation that appointed the officer,
the agencies and association described in paragraph (2) of
subdivision (a) of Section 10401; except the party filing the
petition shall not be required to serve copies of those documents
upon itself.
   (B) All papers filed in opposition to the petition and in reply to
the opposition shall conform to law and motion requirements.
   (C) Upon a finding of good cause, the court shall issue an order
granting the petition to revoke the appointment. The county clerk
shall immediately enter the revocation and the date of the court
order opposite the name of the officer in the record of humane
officers. The clerk of the  county   superior
court  shall give notice of the order to the parties described
in subparagraph (A) and  to  the county clerk-recorder.
   (h) The corporation or local humane society appointing the humane
officer shall pay the training expenses of the humane officer
attending the training required pursuant to this section.
   (i) (1)  A   (A)     A
level 1  humane officer is not a peace officer, but may exercise
the powers of a peace officer at all places within the state in
order to prevent the perpetration of any act of cruelty upon any
animal and to that end may summon to his or her aid any bystander. A
 level 1  humane officer may use reasonable force necessary
to prevent the perpetration of any act of cruelty upon any animal.

   (B) A level 1 humane officer may make arrests for the violation of
any penal law of this state relating to or affecting animals in the
same manner as any peace officer and may serve search warrants. 

   (C) A level 1 humane officer is authorized to carry firearms while
exercising the duties of a humane officer, upon satisfactory
completion of the training specified in subparagraph (D).  
   (D)  A level 1 humane officer shall, prior to appointment, provide
evidence satisfactory to the appointing agency that he or she has
successfully completed the following requirements:  
   (i) At least 20 hours of a course of training in animal care
sponsored or provided by an accredited postsecondary institution or
any other provider approved by the California Veterinary Medical
Association the focus of which shall be the identification of
disease, injury, and neglect in domestic animals and livestock. 

   (ii) At least 40 hours of a course of training in the state humane
laws relating to the powers and duties of a humane officer,
sponsored or provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
 
   (iii) The basic training for a level 1 reserve officer by the
Commission on Peace Officer Standards and Training pursuant to
Section 13510.1 of the Penal Code.  
   (E) A person shall not be appointed as a level 1 humane officer
until he or she has satisfied the requirements in Sections 1029, 1030
and 1031 of the Government Code. A humane society or society for the
prevention of cruelty to animals shall complete a background
investigation, using standards defined by the Commission on Peace
Officer Standards and Training as guidelines for all level 1 humane
officer appointments.  
   (F) (i) Notwithstanding any other provision of this section, a
level 1 humane officer may carry a firearm only if authorized by, and
only under the terms and conditions specified by, his or her
appointing agency.  
   (ii) Notwithstanding any other provision of this section, a level
1 humane officer shall not be authorized to carry a firearm unless
and until his or her appointing agency has adopted a policy on the
use of deadly force by its officers and the officer has been
instructed in that policy. 
   (2)  A   (A)     A level 2
 humane officer may make arrests for the violation of any penal
law of this state relating to or affecting animals in the same manner
as any peace officer and may serve search warrants during the course
and within the scope of employment, upon the successful completion
of a course relating to the exercise of the police powers specified
in Section 832 of the Penal Code, except the power to carry and use
 firearms, or the basic training for a level 1 reserve
officer by the Commission on Peace Officer Standards and Training
pursuant to Section 13510.1 of the Penal Code.  
firearms.  
   (B) A level 2 humane officer is not authorized to carry firearms.

   (3) A humane officer is authorized to carry firearms while
exercising the duties of a humane officer only upon satisfactory
completion of the basic training for a level 1 reserve officer by the
Commission on Peace Officer Standards and Training pursuant to
Section 13510.1 of the Penal Code. 
   (4) A 
    (C)     A   level 2  humane
officer shall, prior to appointment, provide evidence satisfactory to
the appointing agency that he or she has successfully completed
courses of training in the following subjects: 
   (A) 
    (i)  At least 20 hours of a course of training in animal
care sponsored or provided by an accredited postsecondary
institution or any other provider approved by the California
Veterinary Medical Association, the focus of which is the
identification of disease, injury, and neglect in domestic animals
and livestock. 
   (B) 
    (ii)  At least 40 hours of a course of training in the
state humane laws relating to the powers and duties of a humane
officer, sponsored or provided by an accredited postsecondary
institution, law enforcement agency, or the State Humane Association
of California. 
   (D) A person shall not be appointed as a level 2 humane officer
until he or she has satisfied the requirements in Sections 1029,
1030, and 1031 of the Government Code. A humane society or society
for the prevention of cruelty to animals shall complete a background
investigation, using standards defined by the Commission on Peace
Officer Standards and Training as guidelines for all level 2 humane
officer appointments.  
   (5) 
    (4)  During each three-year period following the date on
which the certified copy of the court order was filed with the
county clerk, the humane officer shall complete 40 hours of
continuing education and training relating to the powers and duties
of a humane officer, which education and training shall be sponsored
or provided by an accredited postsecondary institution, law
enforcement agency, or the State Humane Association of California.
 The appointing agency shall obtain the criminal record offender
information regarding the humane officer from the Department of
Justice no more than 60 days prior to the end of the three-year
period. A certificate of compliance shall be served no later than 21
days after the expiration of each three-year period on the  
Department of Justice with copies served on the superior court,
agencies, and associations described in paragraph (2) of subdivision
(a) of Section 10401. The certificate of compliance shall also
include a statement that the humane society or society for the
prevention of cruelty to animals is in compliance with subclause (II)
of clause (ii) of subparagraph (A) of paragraph (1) of subdivision
(a). Service on the Department of Justice shall be in compliance with
procedures set forth by the Department of Justice. The Department of
Justice shall post the filing procedures, as they may be updated
from time to time, on its Internet Web site. Failure to file the
certificate of compliance with the Department of J   ustice
no later than 21 days after the expiration of a six-month period
shall result in immediate revocation of the appointment. 

   (6) 
    (5)  If the humane officer is authorized to carry a
firearm, he or she shall complete ongoing weapons training and range
qualifications at least every six months pursuant to subdivision (t)
of Section 830.3 of the Penal Code.  The appointing humane
society or society for the prevention of cruelty to animals shall
submit current fingerprints of the humane officer to the Department
of Justice, which shall submit to the humane society or society for
prevention of cruelty to animals, in writing, a report of the record
in its possession, if any, of the humane officer. A certificate of
compliance with this section shall be served before the expiration of
each three-year period on the judge of the superior court that
reaffirmed the appointment and on the agencies and association
described in paragraph (2) of subdivision (a) of Section 10401.
Failure to provide the court with a certificate of compliance before
the expiration of the three-year period shall result in immediate
revocation of the appointment upon the expiration of the three-year
period. Failure to provide the court with proof of ongoing weapons
training and range qualifications shall result in revocation of the
authorization to carry a firearm upon the expiration of the
three-year period. 
    (7)     A person shall
not be appointed as a humane officer until he or she has satisfied
the requirements in Sections 1029, 1030, and 1031 of the Government
Code. The humane society or society for the prevention of cruelty to
animals shall complete a background investigation, using standards
defined by the Commission on Peace Officer Standards and Training as
guidelines for all humane officer appointments.   A
certificate of compliance pursuant to this section shall be served no
later than 21 days after the expiration of a six-month period on the
Department of Justice with copies served on the superior court, and
on the agencies and associations described in paragraph (2) of
subdivision (a) of Section 10401. The   certificate of
compliance shall also include a statement that the humane society or
society for the prevention of cruelty to animals is in compliance
with subclause (II) of clause (ii) of subparagraph (A) of paragraph
(1) of subdivision (a). Service on the Department of Justice shall be
in compliance with procedures set forth by the Department of
Justice. The Department of Justice shall post the filing procedures,
as they may be updated from time to time, on its Internet Web site.
Failure to file the certificate of compliance with the Department of
Justice no later than 21 days after the expiration of a six-month
period shall result in immediate revocation of the appointment. 

   (8) 
    (6)  Notwithstanding any other provision of this
section, a humane officer shall not be authorized to carry firearms
unless and until his or her appointing agency has adopted a policy on
the use of deadly force by its officers and the officer has been
instructed in that policy.
   (j) Every humane officer shall, when making an arrest, exhibit and
expose a suitable badge to be adopted by the corporation under this
title of which he or she is a member which shall bear its name and a
number. Uniforms worn by humane officers shall prominently display
the name of the appointing agency. Humane officer uniforms shall not
display the words "state" or "California," unless part of the
appointing agency's incorporated name.
   (k) Any person resisting a humane officer in the performance of
his or her duty as provided in this section, is guilty of a
misdemeanor. Any person who has not been appointed and qualified as a
humane officer as provided in this section, or whose appointment has
been revoked as provided in this section, or whose appointment,
having expired, has not been renewed as provided in this section, who
shall represent himself or herself to be or shall attempt to act as
an officer shall be guilty of a misdemeanor.
   (  l  ) No humane officer shall serve a search warrant
without providing prior notice to local law enforcement agencies
operating within that jurisdiction.
   (m) Any humane society, society for the prevention of cruelty to
animals, or person, who knowingly provides a court with false or
forged documentation for the appointment of a humane officer, is
guilty of a misdemeanor and shall be punished by a fine of up to ten
thousand dollars ($10,000).
   (n) A humane society or a society for the prevention of cruelty to
animals seeking reaffirmation of a humane officer's appointment
shall comply with each of the following provisions:
   (1) Prior to the reaffirmation of the appointment of a humane
officer, the humane society or society for the prevention of cruelty
to animals shall serve a copy of the application on the agencies and
association described in paragraph (2) of subdivision (a) of Section
10401  , the Department of the California Highway Patrol, and the
Department of Justice  of the society's intent to enforce laws
for the prevention of cruelty to animals. Each application shall
include, as                                             the last
page, proof of service of a copy of the application upon those
parties.
   (2) Any party described in paragraph (1) may file an opposition to
the application described in paragraph (1). All papers filed in
opposition to the application and in reply to the opposition shall
conform to law and motion pleading requirements, pursuant to Rule
3.1113(d) of the California Rules of Court. An opposition shall not
exceed 15 pages and a reply shall not exceed 10 pages, excluding
exhibits and declarations.
   (A) Any opposition shall be filed no later than 15 court days
after service of the complete application accepted by the court for
filing. In instances where a party is not served, opposition must be
filed within 15 court days of posting, if any, of notice of filing of
the application to reaffirm on the court's Internet Web site. Any
opposition must be served on all parties indicated on the proof of
service attached to the application to reaffirm.
   (B) The applicant's reply, if any, to the opposition shall be
filed within 10 court days after service of the opposition. The reply
shall be served on all parties listed in the proof of service
attached to the application to reaffirm and to any other person who
has filed an opposition.
   (C) A certified copy of the order of the court reaffirming an
appointment, if any, shall be served on all parties listed in the
proof of service attached to the application to reaffirm and to any
other person who has filed an opposition.
   (o) Except as otherwise provided by this section, a humane officer
shall serve only in the county in which he or she is appointed. A
humane officer may serve temporarily in a county other than that in
which he or she is appointed if the humane officer gives notice
requesting consent to the sheriff of the county in which he or she
intends to serve, and acquires consent from the sheriff of the county
in which he or she intends to serve, or from a person authorized by
the sheriff to give that consent. A sheriff shall promptly respond to
any request by a humane officer to serve in his or her jurisdiction
and any request shall not be unreasonably denied.
   SEC. 5.   SEC. 7.   Section 14504 is
added to the Corporations Code, to read:
   14504.  All humane societies  ,   and 
societies for the prevention of cruelty to animals, and  all
 humane officers shall be in full compliance with this part on
or before January 1, 2012.  Notwithstanding any other provision
in this part, a level 2 humane officer shall be in compliance with
subparagraph (D) of paragraph (2) of subdivision (i) of Section 14502
on or before January 1, 2012. A level 2 humane officer whose 
 appointment has been reaffirmed prior to January 1, 2010, shall
not be required to seek a new court order, and shall instead provide
proof of compliance with subparagraph (D) of paragraph (2) of
subdivision (i) of Section 14502 by filing a certificate of
compliance with the Department of Justice on or before January 1,
2012. 
   SEC. 8.    Section 14505 is added to the  
Corporations Code   , to read:  
   14505.  The Department of Justice or any law enforcement agency
that is requested to provide summary criminal history information
pursuant to Penal Code Section 11105 or 13300 may charge the humane
society or society for the prevention of cruelty to animals a fee not
to exceed the reasonable costs of preparing reports and costs to
maintain certificates of compliance as required by Section 14502.

   SEC. 6.   SEC. 9.   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) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
   (6) Probation officers of the state.
   (7) Parole officers of the state.
   (8) 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.
   (9) A public defender or attorney of record when representing a
person in a criminal case, or parole revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.
   (10) 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.
   (11) Any city or county, city and county, 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, city and county,
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.
   (12) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120).
   (13) 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.
   (14) Health officers of a city, county, city and county, or
district when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
   (15) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
   (16) 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 humane officers.
   (17) 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.
   (18) 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.
   (19) The court of a tribe, or court of a consortium of tribes,
that has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information may
be used only for the purposes specified in Section 16504.5 of the
Welfare and Institutions Code and for tribal approval or tribal
licensing of foster care or adoptive homes. Article 6 (commencing
with Section 11140) shall apply to officers, members, and employees
of a tribal court receiving criminal record offender information
pursuant to this section.
   (20) Child welfare agency personnel of a tribe or consortium of
tribes that has entered into an agreement with the state pursuant to
Section 10553.1 of the Welfare and Institutions Code and to whom the
state has delegated duties under paragraph (2) of subdivision (a) of
Section 272 of the Welfare and Institutions Code. The purposes for
use of the information shall be for the purposes specified in Section
16504.5 of the Welfare and Institutions Code and for tribal approval
or tribal licensing of foster care or adoptive homes. When an agency
obtains records 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. Article 6 (commencing with
Section 11140) shall apply to child welfare agency personnel
receiving criminal record offender information pursuant to this
section.
   (21) An officer providing conservatorship investigations pursuant
to Sections 5351, 5354, and 5356 of the Welfare and Institutions
Code.
   (22) A court investigator providing investigations or reviews in
conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of
the Probate Code.
   (23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.
   (24) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.
   (c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level 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 an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.
   (4) To a peace officer of another country.
   (5) 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.
   (6) 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.
   (7) The courts of the United States, other states, or territories
or possessions of the United States.
   (8) Peace officers of the United States, other states, or
territories or possessions of the United States.
   (9) 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.
   (10) (A) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who, in the
course of their employment may be seeking entrance to private
residences or adjacent grounds. 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 or cable corporation
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 or cable corporation 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 or cable corporation to
recover damages proximately caused by the violations. Any public
utility's or cable corporation's request for state summary criminal
history information for purposes of employing current or prospective
employees who may be seeking entrance to private residences or
adjacent grounds 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 or cable corporations to request state summary
criminal history information on any current or prospective employees.

   (B) For purposes of this paragraph, "cable corporation" means any
corporation or firm that transmits or provides television, computer,
or telephone services by cable, digital, fiber optic, satellite, or
comparable technology to subscribers for a fee.
   (C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal Bureau
of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the Department
of Justice may then be disseminated to the entities referenced in
subparagraph (A), as authorized by law.
   (D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
   (ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
   (11) 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.
   (12) To any foreign government, if requested by the individual who
is the subject of the record requested, if needed in conjunction
with the individual's application to adopt a minor child who is a
citizen of that foreign nation. Requests for information pursuant to
this paragraph shall be in accordance with the process described in
Sections 11122 to 11124, inclusive. The response shall be provided to
the foreign government or its designee and to the individual who
requested the information.
   (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.
   (E) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
   (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.
   (D) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
   (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, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:

(A) Paragraph (9) of subdivision (c), when the information is to be
used by a cable corporation.
   (B) Section 11105.3 or 11105.4.
   (C) Section 15660 of the Welfare and Institutions Code.
   (D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.
   (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 550 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
550 of the Financial Code.
   (B) Every arrest for a violation or attempted violation of an
offense specified in Section 550 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. 7.   SEC. 10.   Section 13300 of
the Penal Code is amended to read:
   13300.  (a) As used in this section:
   (1) "Local summary criminal history information" means the master
record of information compiled by any local criminal justice agency
pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of
Part 4 pertaining to the identification and criminal history of any
person, such as name, date of birth, physical description, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
   (2) "Local summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
that local agency, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information
or security procedures of, the local agency.
   (3) "Local agency" means a local criminal justice agency.
   (b) A local agency shall furnish local summary criminal history
information to any of the following, when 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 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 (d) of Section 830.2, subdivisions (a), (b), and
(j) of Section 830.3, and subdivisions (a), (b), and (c) of Section
830.5.
   (3) District attorneys of the state.
   (4) Prosecuting city attorneys of any city within the state.
   (5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
   (6) Probation officers of the state.
   (7) Parole officers of the state.
   (8) 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.
   (9) A public defender or attorney of record when representing a
person in a criminal case and when authorized access by statutory or
decisional law.
   (10) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
   (11) Any city, county, city and county, or district, or any
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is
specifically authorized by the city council, board of supervisors, or
governing board of the city, county, or district when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
   (12) The subject of the local summary criminal history
information.
   (13) Any person or entity when access is expressly authorized by
statute when the local summary criminal history information is
required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
the specified criminal conduct.
   (14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
   (15) 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 parents having failed to provide support for
the minor children, consistent with Section 17531 of the Family Code.

   (16) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal 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.
   (17) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.
   (c) The local agency may furnish local 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 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, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information 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 local summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States when this 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 local
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
when 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, when access is needed to assist in employing persons
who will be seeking entrance to private residences in the course of
their employment. 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 local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
   Any information obtained from the local 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 local summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed 30
days after employment is denied or granted, including any appeal
periods, except for those cases where an employee or applicant 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 30 days after the case is resolved, including any
appeal periods.
   A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is injured
by the violation a cause of action against the public utility to
recover damages proximately caused by the violation.
   Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
   Seeking entrance to private residences in the course of employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
   (10) Any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting to,
or approving of, the prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest.
   Any local government's request for local summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this subdivision. However, only local summary
criminal history information pertaining to criminal convictions may
be obtained pursuant to this paragraph.
   Any information obtained from the local summary criminal history
is confidential and the receiving local government shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the local government and all copies made from it shall be destroyed
not more than 30 days after the local government's final decision to
grant or deny consent to, or approval of, the prospective
concessionaire's application for, or acquisition of, a beneficial
interest in a concession, lease, or other property interest. Nothing
in this section shall be construed as imposing any duty upon a local
government, or any officer or official thereof, to request local
summary criminal history information on any current or prospective
concessionaire or their affiliates or associates.
   (d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency 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) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge a
fee to cover the cost of taking the fingerprints and processing the
required documents.
   (f) Whenever local summary criminal history information furnished
pursuant to this section is to be used for employment, licensing, or
certification purposes, the local agency shall charge the person or
entity making the request a fee which it determines to be sufficient
to reimburse the local agency for the cost of furnishing the
information, provided that no fee shall be charged to any public law
enforcement agency for local summary criminal history information
furnished to assist it in employing, licensing, or certifying a
person who is applying for employment with the agency as a peace
officer or criminal investigator. Any state agency required to pay a
fee to the local agency for information received under this section
may charge the applicant a fee sufficient to reimburse the agency for
the expense.
   (g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
   (h) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
   (i) It is not a violation of this article 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 when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
   (j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of the
Government Code, provide information from a local summary criminal
history, if release of the information would enhance public safety,
the interest of justice, or the public's understanding of the justice
system and the person making the request declares that the request
is made for a scholarly or journalistic purpose. If a person in a
declaration required by this subdivision willfully states as true any
material fact that he or she knows to be false, he or she shall be
subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as a
civil judgment.
   (k) 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 record checks which are authorized by law.
   (l) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program or a
deferred entry of judgment program, to a government agency employer
of that peace officer or applicant.
   (m) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment program
to a government agency employer of that peace officer or applicant.
   (n) Notwithstanding subdivision (  l  ) or (m), a local
criminal justice agency shall not release information under the
following circumstances:
   (1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
   (2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
   (3) Information concerning an arrest without a disposition without
attempting to determine whether diversion has been successfully
completed or the individual was exonerated.
   SEC. 8.   SEC. 11.   If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
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