BILL NUMBER: AB 465 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2013
INTRODUCED BY Assembly Member Maienschein
( Coauthors: Assembly Members
Waldron and Wilk )
( Coauthor: Senator Anderson
)
FEBRUARY 19, 2013
An act to add Section 11105.07 to amend
Section 11105.3 of 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 require 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 information , 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 determination . 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:
SECTION 1. Section 11105.3 of the Penal
Code is amended to read:
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) or (i)
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.
(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.
(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.
(3) Compliance with this section does not remove or limit the
liability of a mandated reporter pursuant to Section 11166.
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.