BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 465
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 465 (Bonilla and Maienschein)
          As Amended  June 18, 2013
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 9, 2013)   |SENATE: |32-0 |(July 8, 2013) |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Authorizes a community youth athletic program to  
          request state- and federal-level background checks for a  
          volunteer coach or hired coach candidate.  

           The Senate amendments  make a technical, non-substantive  
          correction.

           EXISTING LAW  :

          1)Provides that Department of Justice (DOJ) shall maintain state  
            summary criminal history information and authorizes DOJ to  
            furnish state summary criminal history information to  
            statutorily authorized entities.  

          2)States that, notwithstanding any other law, a human resource  
            agency or an employer may request from DOJ records of all  
            convictions or any arrest pending adjudication involving the  
            offenses specified 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.  DOJ shall furnish the  
            information to the requesting employer and shall also send a  
            copy of the information to the applicant.  

             a)   Provides that a request for these records shall include  
               the applicant's fingerprints, which may be taken by the  
               requester, and any other data specified by DOJ.  The  
               request shall be on a form approved by DOJ, and DOJ 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 DOJ for federal level  
               criminal offender record information shall be forwarded to  
               the Federal Bureau of Investigation (FBI) by DOJ to be  








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               searched for any record of arrests or convictions.  

             b)   Requires the agency or employer to notify the parents or  
               guardians of any minor who will be supervised or  
               disciplined by the employee or volunteer where a request  
               pursuant to this section reveals that a prospective  
               employee or volunteer has been convicted of specified  
               offenses, and the agency or employer hires the prospective  
               employee or volunteer.  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.  

             c)   States that the above notification requirement shall not  
               apply to a misdemeanor conviction for unlawful sexual  
               intercourse with a minor, or to a conviction for spousal  
               rape or domestic violence.  

          3)Authorizes DOJ to provide subsequent state or federal arrest  
            or disposition notification to any entity authorized by state  
            or federal law to receive state or federal summary criminal  
            history information to assist in fulfilling employment,  
            licensing, certification duties, or the duties of approving  
            relative caregivers and nonrelative extended family members,  
            upon the arrest or disposition of any person whose  
            fingerprints are maintained on file at DOJ or the FBI as the  
            result of an application for licensing, employment,  
            certification, or approval.  Nothing in this section shall  
            authorize the notification of a subsequent disposition  
            pertaining to a disposition that does not result in a  
            conviction, unless DOJ has previously received notification of  
            the arrest and has previously lawfully notified a receiving  
            entity of the pending status of that arrest.  When DOJ  
            supplies subsequent arrest or disposition notification to a  
            receiving entity, the entity shall, at the same time,  
            expeditiously furnish a copy of the information to the person  
            to whom it relates if the information is a basis for an  
            adverse employment, licensing, or certification decision.   
            When furnished other than in person, the copy shall be  
            delivered to the last contact information provided by the  
            applicant.  

          4)States that no person who is required to register as a sex  
            offender because of a conviction for a crime where the victim  
            was a minor under 16 years of age shall be an employer,  








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            employee, independent contractor, or act as a volunteer with  
            any person, group or organization in a capacity in which the  
            registrant would be working directly and in an unaccompanied  
            setting with minor children on more than an incidental and  
            occasional basis or have supervision or disciplinary power  
            over minor children.  

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Defined a "community youth athletic program" as an employer  
            having as its primary purpose the promotion or provision of  
            athletic activities for youth under 18 years of age.

          2)Specified that a community youth athletics program may request  
            state- and federal-level criminal history information for a  
            volunteer coach or hired coach candidate.  

          3)Stated that the director of the community youth athletic  
            program shall be the custodian of records.

          4)Stated that the community youth athletic program may request  
            from DOJ subsequent arrest notification service for a  
            volunteer coach or a hired coach candidate.

          5)Stated that compliance with this provision does not remove or  
            limit the liability of a mandated reporter.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  According to the joint author, Assembly Member  
          Maienschein, "Currently in California, sports coaches working in  
          public schools are required to go through a background check  
          process - however, this same safety requirement does not apply  
          to youth sports leagues outside of a school setting.  But as  
          many of you with children know, most of our kids also join  
          private youth sports leagues in the community such as soccer, or  
          traveling club teams when they get older. These coaches often  
          spend more time with kids by driving them to tournaments, taking  
          them home after practice, or waiting with them for their parents  
          to pick them up.  This access to children has the potential to  
          draw predators to seek jobs in coaching. 

          "Requiring all youth sports leagues to conduct background checks  
          on the coaches they hire is an important step in protecting our  








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          children. The US Department of Health and Human Services  
          reported that in 2011, there were 4,890 children in California  
          who were victims of sexual abuse.  However, according to the  
          group Darkness to Light, 73% of child victims do not tell anyone  
          about the abuse for at least a year, meaning that the number of  
          children in this state sexually abused in 2011 could be upward  
          of 18,000.  Finally, it is estimated that 90% of children who  
          are sexually abused know their perpetrator-often times family  
          members, family friends, or authority figures such as teachers  
          and coaches.  Any measure that would help keep predators away  
          from our children should and must be taken.

          "As a coach myself, I know that most of us want to do all we can  
          to provide a positive, fun, and safe experience to the kids on  
          our team.  But more importantly, as a father, I know our  
          children are the most vulnerable members of our communities. We  
          worry about them every time they are away from us at a friend's  
          house, school, or practice, and we will do anything it takes to  
          make sure they are safe.  AB 465 would create a consistent  
          background check policy for all youth sports leagues, while  
          assuring parents that extensive steps are being taken to protect  
          their children." 

          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


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