BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2194|
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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
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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.
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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
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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
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