BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2194| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2194 Author: Beth Gaines (R) Amended: As introduced Vote: 27 - Urgency SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/12/12 AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg NO VOTE RECORDED: Calderon SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 72-0, 5/3/12 (Consent) - See last page for vote SUBJECT : Corporations for prevention of cruelty to animals: humane officers criminal history SOURCE : State Humane Association of California DIGEST : This bill adds clarifying language enabling the Department of Justice (DOJ) to perform a federal-level criminal offender record information check on a humane officer applicant. ANALYSIS : Existing law 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. (Penal CONTINUED AB 2194 Page 2 Code § 11105.) Existing law 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. (Penal Code § 11105(b)(10) and (11).) Existing law authorizes the DOJ to disseminate federal level criminal history information received or compiled by the DOJ to specified entities. (Penal Code § 11105.) Existing law 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 § 1030.) Existing law provides that only a humane society or the Society for the Prevention of Cruelty to Animals (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. (Corporations Code § 14502(a)(1)(A).) Existing law requires that the humane society or SPCA seeking confirmation of a humane officer's appointment to comply with the following provisions: 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/her own recognizance. Serve a copy of the petition for order confirming appointment of a humane officer to specified parties. CONTINUED AB 2194 Page 3 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. (Corporations Code § 14502(b).) Existing law requires the DOJ to provide the Humane Society or SPCA with a state response regarding summary criminal history information as provided by Penal Code Section 11105. (Corporations Code § 14502(b)(1)(A).) Existing law requires the court to review the appointee's qualifications and fitness to act as a humane officer and either confirms or deny the appointment. (Corporations Code § 14502(c)(2),) Existing law describes the powers and qualifications of level 1 and level 2 humane officers. Level 1 humane officer is authorized to carry firearms, subject to specified requirements, including background checks and mental and physical evaluations. (Corporations Code § 14502(h).) Existing law requires that all humane officers submit fingerprints to the DOJ for the purposes of obtaining criminal background information. (Corporations Code § 14502(b)(1).) This bill provides that DOJ shall forward the fingerprints received by a person seeking appointment as a humane officer to the FBI for a federal background check. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/25/12) State Humane Association of California (source) California State Sheriffs' Association Placer County Board of Supervisors ARGUMENTS IN SUPPORT : According to the author: The FBI requires very specific language in California Statute before providing the required background CONTINUED AB 2194 Page 4 information established in SB 1417 (Cox). Unfortunately, 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 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 in limbo due to a technicality leading to the backlog. ASSEMBLY FLOOR : 72-0, 5/3/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Yamada, John A. Pérez NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger Hernández, Jones, Smyth, Williams JJA:d 6/26/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED AB 2194 Page 5 CONTINUED