BILL ANALYSIS Ó
AB 2194
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Date of Hearing: April 17, 2012
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2194 (Gaines) - As Introduced: February 23, 2012
SUMMARY : Adds clarifying language enabling the Department of
Justice (DOJ) to perform a federal-level criminal offender
record information check on a humane officer applicant.
Specifically, this bill :
1)Requires the DOJ to forward to the Federal Bureau of
Investigation (FBI) requests for federal summary criminal
history information received for purposes of seeking
confirmation of the appointment of a humane officer.
2)Requires the DOJ to review the information returned from the
FBI and to compile and disseminate a fitness determination
regarding the humane-officer applicant to the Humane Society
or Society for the Prevention of Cruelty to Animals (SPCA).
EXISTING LAW :
1)Requires the DOJ to maintain state summary criminal history
information, as defined, and to provide that information to
persons holding specified occupations including, to any humane
society, or SPCA for the specific purpose of appointing humane
officers. ÝPenal Code Section 11105.]
2)Specifies that "state summary criminal history information"
does not refer to records and data compiled by criminal
justice agencies other than the Attorney General. ÝPenal Code
Section 11105(a)(2)(B).]
3)Provides that an agency, officer, or official of the state, or
any city or county, city and county, district, or any officer
or official thereof, authorized to receive state summary
criminal history information may also transmit fingerprint
images and related information to the DOJ to be transmitted to
the FBI. ÝPenal Code Section 11105(b)(10) and (11).]
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4)Authorizes the DOJ to disseminate federal level criminal
history information received or compiled by the DOJ to
specified entities. ÝPenal Code Section 11105.]
5)States that the provisions of Title 28 Section 50.12 of the
Code of Federal Regulations are to be followed in processing
federal criminal history information requests. ÝPenal Code
Section 11105(s).]
6)Provides that only a humane society or SPCA is eligible to
petition for confirmation of an appointment of an individual
as a humane officer. The duty of a humane officer is to
enforce the laws for the prevention of cruelty to animals.
ÝCorporations Code Section 14502(a)(1)(A).]
7)Requires that the humane society or SPCA seeking confirmation
of a humane officer's appointment to comply with the following
provisions:
a) Submit to DOJ fingerprint images and related information
of all applicants for the purpose of obtaining information
as to the existence and content of a record of state
conviction and state arrests and also information as to the
existence and content of a record of state arrests for
which the DOJ establishes that the person is free on bail
or on his or her own recognizance.
b) Serve a copy of the petition for order confirming
appointment of a humane officer to specified parties.
c) File the petition seeking confirmation of the officer in
the superior court in the county in which the principle
office of the organization is located. ÝCorporations Code
Section 14502(b).]
8)Requires the DOJ to provide the Humane Society or SPCA with
state response regarding summary criminal history information
as provided by Penal Code Section 11105. ÝCorporations Code
Section 14502(b)(1)(A).]
9)Requires the court to review the appointee's qualifications
and fitness to act as a humane officer and either confirm or
deny the appointment. ÝCorporations Code Section
14502(c)(2),]
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10)Describes 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, including
background checks and mental and physical evaluations.
ÝCorporations Code Section 14502(h).]
11)Requires that all humane officers submit fingerprints to the
DOJ and the FBI. ÝCorporations Code Section 14502(h).]
12)Requires a classifiable set of the fingerprints of every
person employed as a peace officer of the state, or of a
county, city, city and county, or other political subdivision,
whether with or without compensation, to be furnished to the
DOJ and to the FBI by the appropriate appointing authority of
the agency by whom the person is employed. (Government Code
Section 1030.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 2194
includes the specific and correct language for the FBI and
Attorney General's office so that the criminal background
information on humane officer applicants can be obtained and
the backlog cleared.
"Humane officers play a key role in the health and safety of
animals. These well trained individuals have been in limbo due
to a technicality leading to backlog."
2)Background : Humane officers have an unusual status in
California between purely private actors and public peace
officers. Humane officers work to enforce the state's animal
welfare laws, but may be appointed only by a private,
non-profit humane society formed under California's
Corporations Code. Appointment must be followed by judicial
confirmation of the appointment petition before a person
enjoys humane officer authority under the law. Existing law
explicitly provides that "a humane officer is not a peace
officer, but may exercise the powers of a peace officer at all
places within the state." A humane officer's scope of powers
can vary, depending on the level of training and animal
welfare education, but can include the ability to exercise the
powers of a peace officer in order to prevent animal cruelty,
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make arrests, serve search warrants, and carry firearms.
3)Arguments in Support : According to the State Humane Society
of California (the sponsor of this bill), "Under prior law,
only level 1 humane officers had to obtain federal criminal
background checks from the Federal Bureau of Investigation
(FBI) prior to appointment. SB 1417 extended this requirement
to all humane officers.
"For the DOJ to implement the requirement for federal background
checks, it needs specific statutory language granting it
authority to do so. That specific language was not included
in the final version of SB 1417, creating a temporary backlog
of criminal background checks for humane officers.
"AB 2194 includes the specific and proper language required by
the DOJ to obtain summary criminal history information from
the FBI. Humane officers play a key role in the health and
safety of animals and the general public. It is important
that their appointment process be streamlined to enable the
DOJ to obtain summary criminal history information from the
FBI, just as it is authorized to do for peace officers."
4)Prior Legislation :
a) SB 1417 (Cox), Chapter 652, Statutes of 2010,
established new procedures and requirements for the
appointment and confirmation of humane officers by
non-profit humane societies.
b) SB 477 (Craven), Chapter 84, Statutes of 1994 imposed
increased training requirements on humane officers.
c) AB 1571 (Caldera) Chapter 806, Statutes of 1995,
provided that humane officers may only enforce laws inside
the county in which their appointing agency is incorporated
unless they receive consent from the sheriff of another
county.
REGISTERED SUPPORT / OPPOSITION :
Support
State Humane Society of California (Sponsor)
California State Sheriffs' Association
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County of Placer Board of Supervisors
Opposition
None
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744