Amended in Assembly April 18, 2013

Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 465


Introduced by Assemblybegin delete Memberend deletebegin insert Members Bonilla andend insert Maienschein

(Coauthors: Assembly Membersbegin insert Dahle,end insert Waldronbegin insert,end insert and Wilk)

(Coauthor: Senator Anderson)

February 19, 2013


An act to amend Section 11105.3 of the Penal Code, relating to criminal history.

LEGISLATIVE COUNSEL’S DIGEST

AB 465, as amended, begin deleteMaienscheinend deletebegin insertBonillaend insert. 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 wouldbegin delete require, prior to an employed or volunteer coach applicant having contact with children through aend deletebegin insert authorize aend insert community youth athletic program, as defined,begin delete the applicant to submit to aend deletebegin insert to requestend insert state and federal level criminal offender record informationbegin delete search and the community youth athletic program to make a suitability determinationend deletebegin insert and subsequent arrest notificationend insert. The bill would state that performing thebegin delete requiredend delete 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:

P2    1

SECTION 1.  

Section 11105.3 of the Penal Code is amended
2to read:

3

11105.3.  

(a) Notwithstanding any other law, a human resource
4agency or an employer may request from the Department of Justice
5records of all convictions or any arrest pending adjudication
6involving the offenses specified in subdivision (a) of Section 15660
7of the Welfare and Institutions Code of a person who applies for
8a license, employment, or volunteer position, in which he or she
9would have supervisory or disciplinary power over a minor or any
10person under his or her care. The department shall furnish the
11information to the requesting employer and shall also send a copy
12of the information to the applicant.

13(b) Any request for records under subdivision (a) begin delete or (i)end delete shall
14include the applicant’s fingerprints, which may be taken by the
15requester, and any other data specified by the department. The
16request shall be on a form approved by the department, and the
17department may charge a fee to be paid by the employer, human
18resource agency, or applicant for the actual cost of processing the
19request. However, no fee shall be charged to a nonprofit
20organization. Requests received by the department for federal level
21criminal offender record information shall be forwarded to the
22Federal Bureau of Investigation by the department to be searched
23for any record of arrests or convictions.

24(c) (1) Where a request pursuant to this section reveals that a
25prospective employee or volunteer has been convicted of a
26violation or attempted violation of Section 220, 261.5, 262, 273a,
27273d, or 273.5, or any sex offense listed in Section 290, except
28for the offense specified in subdivision (d) of Section 243.4, and
29where the agency or employer hires the prospective employee or
30volunteer, the agency or employer shall notify the parents or
31guardians of any minor who will be supervised or disciplined by
32the employee or volunteer. A conviction for a violation or
33attempted violation of an offense committed outside the State of
34California shall be included in this notice if the offense would have
35been a crime specified in this subdivision if committed in
36California. The notice shall be given to the parents or guardians
37with whom the child resides, and shall be given at least 10 days
38prior to the day that the employee or volunteer begins his or her
P3    1duties or tasks. Notwithstanding any other provision of law, any
2person who conveys or receives information in good faith and in
3conformity with this section is exempt from prosecution under
4Section 11142 or 11143 for that conveying or receiving of
5information. Notwithstanding subdivision (d), the notification
6requirements of this subdivision shall apply as an additional
7requirement of any other provision of law requiring criminal record
8access or dissemination of criminal history information.

9(2) The notification requirement pursuant to paragraph (1) shall
10not apply to a misdemeanor conviction for violating Section 261.5
11or to a conviction for violating Section 262 or 273.5. Nothing in
12this paragraph shall preclude an employer from requesting records
13of convictions for violating Section 261.5, 262, or 273.5 from the
14Department of Justice pursuant to this section.

15(d) Nothing in this section supersedes any law requiring criminal
16record access or dissemination of criminal history information. In
17any conflict with another statute, dissemination of criminal history
18information shall be pursuant to the mandatory statute. This
19subdivision applies to, but is not limited to, requirements pursuant
20to Article 1 (commencing with Section 1500) of Chapter 3 of, and
21Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
22(commencing with Section 1596.70) of, Division 2 of, and Section
231522 of, the Health and Safety Code, and Sections 8712, 8811,
24and 8908 of the Family Code.

25(e) The department may adopt regulations to implement the
26provisions of this section as necessary.

27(f) As used in this section, “employer” means any nonprofit
28corporation or other organization specified by the Attorney General
29which employs or uses the services of volunteers in positions in
30which the volunteer or employee has supervisory or disciplinary
31power over a child or children.

32(g) As used in this section, “human resource agency” means a
33public or private entity, excluding any agency responsible for
34licensing of facilities pursuant to the California Community Care
35Facilities Act (Chapter 3 (commencing with Section 1500)), the
36California Residential Care Facilities for the Elderly Act (Chapter
373.2 (commencing with Section 1569)), Chapter 3.01 (commencing
38with Section 1568.01), and the California Child Day Care Facilities
39Act (Chapter 3.4 (commencing with Section 1596.70)) of Division
P4    12 of the Health and Safety Code, responsible for determining the
2character and fitness of a person who is:

3(1) Applying for a license, employment, or as a volunteer within
4the human services field that involves the care and security of
5children, the elderly, the handicapped, or the mentally impaired.

6(2) Applying to be a volunteer who transports individuals
7impaired by drugs or alcohol.

8(3) Applying to adopt a child or to be a foster parent.

9(h) Except as provided in subdivision (c), any criminal history
10information obtained pursuant to this section is confidential and
11no recipient shall disclose its contents other than for the purpose
12for which it was acquired.

13(i) begin delete(1)end deletebegin deleteend deleteAs used in this subdivision, “community youth athletic
14program” means anbegin delete organizationend deletebegin insert employerend insert having as itsbegin delete exclusiveend delete
15begin insert primaryend insert purpose the promotion or provision of athletic activities
16forbegin delete childrenend deletebegin insert youth underend insert 18 years of agebegin delete and underend delete.

begin delete

17(2) Prior to contact with children through a community youth
18athletic program, employed or volunteer coach applicants shall
19submit to the state and federal level criminal offender record
20information search as defined in this section and the community
21youth athletic program shall make a suitability determination. A
22violation of this subdivision is not a crime.

end delete
begin insert

23(j) A community youth athletic program, as defined in
24subdivision (i), may request state and federal level criminal history
25information pursuant to subdivision (a) for a volunteer coach or
26hired coach candidate. The director of the community youth athletic
27program shall be the custodian of records.

end insert
begin insert

28(k) The community youth athletic program may request from
29the Department of Justice subsequent arrest notification service,
30as provided in Section 11105.2, for a volunteer coach or a hired
31head coach candidate.

end insert
begin delete

27 32(3)

end delete

33begin insert(l)end insert Compliance with this section does not remove or limit the
34liability of a mandated reporter pursuant to Section 11166.



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