BILL NUMBER: SB 1417 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE MAY 18, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator Cox
(Principal coauthor: Assembly Member Smyth)
FEBRUARY 19, 2010
An act to amend Sections 10401, 10400,
10404, 10405, 10406, 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 Sections 14504 and 14505 to, and to repeal
Section Sections 10401 and 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 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 th
e authority to form these corporations for the prevention
of cruelty to children and eliminate the requirement of
endorsement by the Department of Justice and thus would
require the endorsement of a judge of the articles of
incorporation . It would require these societies to
serve a copy of the 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 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 societies for the prevention of cruelty to animals 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 a society also include with its Petition
for Order of Confirmation of appointment
Appointment of a Humane Officer , 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 shall have been in compliance
with all applicable federal, state, and local laws for at least 5
years a copy of the resolution making the appointment,
criminal record offender information, proof of proper incorporation
and required liability insurance, as specified, and, if the society
has not previously appointed a humane officer, an affidavit that
demonstrates the society's competence to appoint a humane officer by
providing specified information . The bill would require a
society seeking reaffirmation confirmation
of an appointment of a humane officer to serve a copy of the
application petition 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 Petition for Order Endorsing
Articles of Incorporation and would provide comparable rights and
procedures for the recipients to object. the State
Humane Association of California, the police department and sheriff's
department having jurisdiction in the county where the society's
principal office is located. The bill would also authorize those
parties to file opposition to the petition and for the filer to
reply, as specified. The bill would also require the court, in
determining whether to confirm the appointment, to consider any
documentation submitted in support of, or opposition to, the proposed
appointment. The bill would require the court to deny certification
of the appointment if the society was incorporated on or after
January 1, 2011, and certain criteria are not met. The bill would
authorize the Department of Justice to charge a reasonable fee to
cover the costs of maintaining records of orders confirming
appointment.
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 each of the parties required to receive
copies of a Petition for Confirmation of Appointment of a Humane
Officer , 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 impose additional specified training requirements
for level 1 and level 2 humane officers. The bill would require a
humane officer to certify compliance with specified continuing
education and training requirements 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 no reimbursement is required by this
act for a specified reason.
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,
"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 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.
SECTION 1. Section 10400 of the
Corporations Code is amended to read:
10400. Corporations for the prevention of cruelty to
children or animals , or both, may be
formed under the Nonprofit Public Benefit Corporation Law, Part 2
(commencing with Section 5110) of this division by 20 or more
persons, who shall be citizens and residents of this state. If
the corporation is formed on or after January 1, 2011, its articles
of incorporation shall specifically state that the corporation is
being formed pursuant to this section.
SEC. 2. Section 10401 of the
Corporations Code is repealed.
10401. All articles of incorporation of such corporations filed
with the Secretary of State shall be endorsed by the Department of
Justice or by a judge of the superior court of the county in which
the principal office of the corporation is located, as evidence of
necessity.
SEC. 2. SEC. 3. Section 10402 of the
Corporations Code is repealed.
SEC. 4. Section 10404 of the
Corporations Code is amended to read:
10404. Any such corporation, or any member or
humane officer thereof, may prefer a complaint against any
person, before any court or magistrate having jurisdiction, for the
violation of any law relating to or affecting children or
animals, and may aid in the prosecution of any
such the offender before such
the court or magistrate.
SEC. 5. Section 10405 of the
Corporations Code is amended to read:
10405. All magistrates, sheriffs, and officers of police shall,
as occasion may require, aid any such corporation, its officers,
members, and agents, in the enforcement of all laws relating to or
affecting children or animals.
SEC. 6. Section 10406 of the
Corporations Code is amended to read:
10406. This part applies to all corporations for the prevention
of cruelty to children or animals, whether formed
prior to or after May 20, 1905, but does not apply to any
association, society, or corporation which
that uses or specifies a name or style the same, or
substantially the same, as that of any previously existing society or
corporation in this State state
organized for a like purpose.
SEC. 3. SEC. 7. 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 ANIMALS
SEC. 4. SEC. 8. 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 animals, but 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. 5. SEC. 9. Section 14501 of the
Corporations Code is amended to read:
14501. Every society, incorporated and organized for the
prevention of cruelty to animals 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 arresting, or prosecuting offenders thereunder
or preventing cruelty to animals. A humane society may perform those
actions in the absence of a contract with a city, city and county,
or county.
SEC. 6. SEC. 10. 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
petition for confirmation of 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) 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
society maintains records pursuant to
subparagraph (C) (B) documenting that
both the appointing agency society 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)
(B) 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 principal
office of the appointing society , the full name of the person
so appointed, the fact that he or she is a citizen of the State of
California, that he or she has met the training guidelines
requirements set forth in subdivision
(i) (h) , 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
, and the date on which the term of office shall expire .
(b) A humane society or a society for the prevention of cruelty to
animals seeking confirmation of a humane officer's appointment shall
comply with each of the following provisions:
(1) Prior to filing a Petition for Order Confirming Appointment of
a Humane Officer under paragraph (3), the humane society or society
for the prevention of cruelty to animals shall obtain criminal record
offender information regarding the appointee from the Department of
Justice. If the Department of Justice has no record of the appointee,
it shall so report in writing.
(2) Prior to filing a Petition for Order Confirming Appointment of
a Humane Officer under paragraph (3), the humane society or society
for the prevention of cruelty to animals shall serve a copy of the
petition on each of the following:
(A) The police department having jurisdiction in the city in which
the principal office of the appointing society is located.
(B) The sheriff's department having jurisdiction in the county in
which the principal office of the appointing society is located.
(C) The Department of the California Highway Patrol.
(D) The State Humane Association of California.
(E) The Department of Justice.
(b)
(3) The humane society or society for the prevention of
cruelty to animals shall file with the superior court in and for the
county or city and county in which the principal office of the
humane society is located 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 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), 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) 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 in writing. attach
to the petition all of the following:
(A) A copy of the resolution appointing the person, duly certified
to be correct by the president and secretary of the society and
attested by its seal.
(B) Criminal record offender information, if any, obtained
regarding the person pursuant to paragraph (1).
(C) Proof of the society's proper incorporation in compliance with
Part 9 (commencing with Section 10400) of Division 2, including the
date the articles of incorporation were filed with the Secretary of
State.
(D) A copy of the society's liability insurance policy for bodily
injury or property damage in the amount of at least one million
dollars ($1,000,000).
(E) Documentation establishing that the appointee has
satisfactorily completed the training requirements set forth in this
section.
(F) Documentation establishing that the society has a written
agreement with another entity, such as a public or private animal
shelter or licensed veterinary clinic, that (i) provides for the
humane care and treatment of any animals seized by the society, (ii)
is capable of preserving evidence that may be used to prosecute an
animal cruelty case, and (iii) is compliant with all applicable
federal, state, and local laws, including licensing laws.
Alternatively, the society may provide documentation that it is
operating its own animal shelter that meets the requirements of
clauses (i), (ii), and (iii).
(G) If the society has not previously appointed a humane officer:
(i) An affidavit signed under penalty of perjury from the
president of the society that demonstrates the society's competence
to appoint a humane officer by providing information, including, but
not limited to, the following:
(I) Partnerships or collaborations, if any, with other nonprofit
or community agencies.
(II) Cash reserve on hand, if any, to pay for veterinary expenses,
housing, food, and care of seized animals.
(III) Established donor base, if any.
(IV) Current or prior law enforcement, legal, or other relevant
experience, if any, of persons who will supervise the appointee.
(V) Current or prior experience of managers, if any, in operating
a society or other nonprofit organization.
(VI) Statement that each board member is in good standing in the
community and has not been convicted of a misdemeanor or felony
involving animals.
(VII) Ongoing training beyond the minimum required for appointment
of the humane officer, if any.
(VIII) The need for a humane officer in the society's county.
(IX) Any other documentation demonstrating compliance with
applicable federal, state, or local laws.
(ii) Affidavits, if any, from personnel of local animal control
agencies, law enforcement agencies, or other societies pertaining to
the appointee's fitness to act as a humane officer.
(H) As the last page, proof of service of a copy of the petition
upon those parties required to be served.
(4) Any party described in paragraph (2) may file an opposition to
the petition described in paragraph (3). All papers filed in
opposition to the petition 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. The opposition shall be limited to the
competency of the society to appoint and supervise a humane officer
and the qualifications, background, and fitness of the appointee that
are specific to the work of a humane officer.
(A) Any opposition shall be filed no later than 15 court days
after the petition is filed with the court. Any opposition shall be
served on all parties indicated on the proof of service attached to
the petition.
(B) The petitioner'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 petition and to any other person who has filed an
opposition.
(C) The court shall rule on the petition without a hearing unless
the court notifies the parties of an intention to hold a hearing.
(D) The petitioner shall serve a certified copy of the court's
order ruling on the petition on all parties listed in the proof of
service attached to the petition and to any other person or entity
who has filed an opposition.
(d)
(c) (1) Upon receipt of the
Petition for Order Confirming Appointment of a Humane Officer, the
court shall first determine the society's date of incorporation,
and the length of time between the date the society filed its
articles of incorporation with the Secretary of State and the date it
filed the petition described in paragraph (3) of subdivision (b)
with the court. If the society was incorporated on or after January
1, 2011, then the following shall apply:
(A) For a petition to confirm appointment of a level 1 humane
officer, the court shall issue an order denying confirmation of the
appointment if a minimum of five years has not elapsed from the date
the society filed its articles of incorporation with the Secretary of
State to the date it filed the petition.
(B) For a petition to confirm appointment of a level 2 humane
officer, the court shall issue an order denying confirmation of the
appointment if a minimum of one year has not elapsed from the date
the society filed its articles of incorporation with the Secretary of
State to the date it filed the petition.
(C) For a petition to confirm appointment of either a level 1 or
level 2 humane officer, the court shall issue an order denying
confirmation of the appointment if the society has not established,
through submission of appropriate documentation, that the society is
either operating its own animal shelter, or has a written agreement
with another entity, in compliance with subparagraph (F) of paragraph
(3) of subdivision (b).
(2) If the court has not issued an
order denying the petition pursuant to paragraph (1), then the court
shall review the matter of the appointee's qualifications and
fitness to act as a humane officer, taking into
consideration officer. The court shall also consider
any documentation it has received in support of, or in
opposition to, the confirmation of the person's
appointment. If the court finds cause to confirm the
appointment of the humane officer, it shall so state on a court
order. The appointee shall thereupon court finds that
the appointee is qualified and fit to act as a humane officer, the
court shall issue an order confirming the appointment. The society
shall thereupon file a certified copy of the court order in the
office of the county clerk of the county or city and county
and in which the court is located . The
appointee shall, at the same time, take and subscribe the oath
of office prescribed for constables or other peace officers. The
appointee society shall also provide a
copy of the Order Confirming Appointment to the State Humane
Association of California and the Department of Justice. The
Department of Justice may charge a reasonable fee sufficient to cover
the costs of maintaining records of Orders Confirming Appointment.
If the court does not find the appointee qualified and fit to act as
a humane officer, the court shall issue an order denying confirmation
of the appointment.
(e)
(d) 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 society 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 , and the case
number of the court order confirming the appointment . At the
time of the filing the county clerk shall collect from the
officer society 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)
(e) All appointments of humane officers shall
automatically expire if the society disbands or legally dissolves.
(g) (1) The corporation
(f) (1) The
society 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
society 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), 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 of the petition and any
oppositions and reply papers 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
society that appointed the officer, the agencies and
association described in paragraph (2) of subdivision (a) of
Section 10401 (b) ; 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)
(B) 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 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
(g) The society appointing the
humane officer shall pay the training expenses of the humane officer
attending the training required pursuant to this section.
(i)
(h) (1) (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) ,
if the requirements in subparagraph (F) are met .
(D) A level 1 humane officer shall, prior to appointment, provide
evidence satisfactory to the appointing agency
society 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
meets the criteria 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 society .
(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
society 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 level 2 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 2 humane officer may use reasonable force necessary to prevent
the perpetration of any act of cruelty upon any animal.
(2) (A)
(B) 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 appointment , 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.
(B)
(C) A level 2 humane officer is not authorized to carry
firearms.
(C)
(D) A level 2 humane officer shall, prior to
appointment, provide evidence satisfactory to the appointing
agency society that he or she has successfully
completed courses of training in the following subjects:
(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.
(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)
(E) 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.
(3) During each three-year period following the date on which the
certified copy of the court order confirming the appointment of
a humane officer 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 society 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. (b). The Department of Justice may
charge a reasonable fee sufficient to cover the costs of maintaining
records of Orders Confirming Appointment. The certificate of
compliance shall also include a statement
documentation 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) subparagraph (F) of paragraph (2) of
subdivision (b) . 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.
(4) 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. 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. (b). The Department of Justice may charge a
reasonable fee sufficient to cover the costs of maintaining records
of Orders Confirming Appointment. The certificate of compliance
shall also include a statement documentation
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)
subparagraph (F) of paragraph (2) of subdivision (b)
. 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.
(5) 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)
(i) Every humane officer shall, when making an arrest,
exhibit and expose a suitable badge to be adopted by the
corporation society under this title
part of which he or she is a member
an appointee which shall bear its name and a
number. Uniforms worn by humane officers shall prominently display
the name of the appointing agency society
. Humane officer uniforms shall not display the words "state"
or "California," unless part of the appointing agency's
except to the extent that one or both of those words
are part of the appointing society's incorporated name.
(k)
(j) 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 )
(k) No humane officer shall serve a search warrant
without providing prior notice to local law enforcement agencies
operating within that jurisdiction.
(m)
(l) 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)
(m) Except as otherwise provided by this section, a
humane officer shall serve only in the county in which he or
she is appointed the court that appointed him or her
sits . A humane officer may serve temporarily in a
county other than that in which he or she is appointed
in another county 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 that
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. 7. SEC. 11. 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 Section 14502
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. Notwithstanding any other provision
of this part, a level 1 or level 2 humane officer confirmed prior to
January 1, 2012, shall not be required to seek a new court order
confirming his or her appointment. However, a level 2 humane officer
shall provide proof of compliance with subparagraph (E) of paragraph
(2) of subdivision (h) of Section 14502 by filing a certificate of
compliance with the Department of Justice on or before January 1,
2012, or that humane officer's appointment shall be immediately
revoked.
SEC. 8. SEC. 12. 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. 9. SEC. 13. 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.
The Department of Justice may charge a reasonable fee sufficient to
cover the costs of providing information pursuant to this paragraph.
(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. 10. SEC. 14. 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. A
local agency may charge a reasonable fee sufficient to cover the
costs of providing information pursuant to this paragraph.
(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. 11. SEC. 15. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because a local agency or school district
has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act, within the meaning of Section 17556 of the Government Code.
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CORRECTIONS Text--Pages 19 and 20.
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