Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 465


Introduced by Assembly Member Maienschein

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(Coauthors: Assembly Members Waldron and Wilk)

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(Coauthor: Senator Anderson)

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February 19, 2013


An act tobegin delete add Section 11105.07 toend deletebegin insert amend Section 11105.3 ofend insert the Penal Code, relating to criminal history.

LEGISLATIVE COUNSEL’S DIGEST

AB 465, as amended, Maienschein. Youth sports: criminal background checks.

Existing law authorizes specified entities to receive state summary criminal history information from the Department of Justice. Existing law also requires mandated reporters, as defined, to report child abuse and neglect to local law enforcement.

This bill would requirebegin delete the department to provide state summary criminal history information to the director of a community youth athletics program, or his or her designee, for the purposes of screening volunteer or hired coaches and would prohibit a person from having access to minors as a coach or volunteer until the community youth athletics program has received and reviewed the state summary criminal history informationend deletebegin insert, prior to an employed or volunteer coach applicant having contact with children through a community youth athletic program, as defined, the applicant to submit to a state and federal level criminal offender record information search and the community youth athletic program to make a suitability determinationend insert. The bill would state that performing the required background check does not remove or limit the liability of a mandated reporter.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

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begin insertSection 11105.3 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11105.3.  

(a) Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.

(b) Any request for records under subdivision (a)begin insert or (i)end insert shall include the applicant’s fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.

(c) (1) Where a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other provision of law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.

(2) The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.

(d) Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code.

(e) The department may adopt regulations to implement the provisions of this section as necessary.

(f) As used in this section, “employer” means any nonprofit corporation or other organization specified by the Attorney General which employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.

(g) As used in this section, “human resource agency” means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:

(1) Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.

(2) Applying to be a volunteer who transports individuals impaired by drugs or alcohol.

(3) Applying to adopt a child or to be a foster parent.

(h) Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.

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(i) (1) As used in this subdivision, “community youth athletic program” means an organization having as its exclusive purpose the promotion or provision of athletic activities for children 18 years of age and under.

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(2) Prior to contact with children through a community youth athletic program, employed or volunteer coach applicants shall submit to the state and federal level criminal offender record information search as defined in this section and the community youth athletic program shall make a suitability determination. A violation of this subdivision is not a crime.

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(3) Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.

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SECTION 1.  

Section 11105.07 is added to the Penal Code, to read:

11105.07.  

(a) In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and conditions set forth in that section, the Attorney General shall furnish state summary criminal history information to the director of a community youth athletics program, or his or her designee, for the purposes of screening volunteer or hired coaches. No recipient may disclose the contents on the state summary criminal history information or provide copies of information. Information received shall be stored in a locked file, separate from other files, and shall only be accessible to the custodian of records.

(b) A person may not have access to minors as a volunteer or hired coach until the community youth athletics program has received and reviewed the state summary criminal history information relating to that person. Violation of this subdivision is not a crime.

(c) Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.

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