BILL ANALYSIS �
AB 810
Page 1
Date of Hearing: April 16, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 810 (Muratsuchi) - As Introduced: February 21, 2013
SUMMARY : Requires the Attorney General (AG) to examine the
feasibility of an inter-county criminal offender database that
would be accessible to law enforcement agencies, as specified.
Specifically, this bill :
1)Requires the AG, in consultation the California Police Chiefs
Association, the California District Attorneys Association, ,
the California State Sheriffs Association, the California
Peace Officers Association, , the Los Angeles County Sheriff's
Association, the Department of Corrections and Rehabilitation,
the Governor's Office, The Board of State and Community
Corrections, the Chief probation officers of California, and
the league of California Cities, to examine to examine the
feasibility of an inter-county criminal offender database that
would be accessible to law enforcement agencies, including
municipal police departments, for the purpose of facilitating
and enhancing local law enforcement operations by ensuring
readily available information on criminal offenders.
2)Requires the AG to report the findings of the feasibility
examination to the Assembly Committee on Public Safety and the
Senate Committee on Public Safety by July 1, 2014.
3)Provides that the requirement for submitting a report to the
respective legislative committees becomes inoperative on July
1, 2018, as specified.
EXISTING LAW :
1)Provides that the AG is responsible for the security of
criminal offender record information (CORI). To this end, he
shall:
a) Establish regulations to assure the security of CORI
from unauthorized disclosures at all levels of operation in
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this state.
b) Establish regulations to assure that such information
shall be disseminated only in situations in which it is
demonstrably required for the performance of an agency's or
official's functions.
c) Coordinate such activities with those of any interstate
systems for the exchange of CORI.
d) Cause to be initiated for employees of all agencies that
maintain, receive, or are eligible to maintain or receive,
CORI a continuing education program in the proper use and
control of CORI.
e) Establish such regulations as he finds appropriate to
carry out his functions under this act. (Penal Code
Section 11077.)
2)Requires the Department of Justice (DOJ) to procure, from any
available source, and file for record and reporting all
descriptions, information, photographs, and measurements of
all persons convicted of a felony, imprisoned and of
well-known habitual criminals. (Penal Code Section 11101.)
3)Requires the DOJ to maintain summary criminal history
information and specifies the persons who may have access to
that information. (Penal Code Section 11105.)
4)Requires the AG to establish a communication network that
allows the transmission of requests from private service
providers in California to the DOJ for criminal record
information for purposes of employment, licensing,
certification, custodial child placement or adoption. This
network shall allow private service providers approved by the
DOJ to connect directly to the DOJ. [Penal Code Section
11077.2(a).]
5)Requires users of the communications network to undergo
training as determined by the DOJ. Failure to comply with the
training requirement shall terminate the connection to the
communications network until the training is completed.
[Penal Code Section 11077.2(b).]
6)Requires users of the communications network to comply with
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any policy, practice or procedure, or requirement deemed
necessary by the DOJ to maintain network stability and
security. Failure to comply shall result in termination of
the connection to the communications network until the DOJ
determines that there is satisfactory compliance. [Penal Code
Section 11077.2(c).]
7)Requires users of the communications network to only use
hardware and software in connecting to the communications
network that is currently approved and certified by the DOJ,
the National Institute of Standards and Technology, and the
Federal Bureau of Investigation. [Penal Code Section
11077.2(d).]
8)Requires as of January 1, 2005, the DOJ to accept
electronically transmitted fingerprint images and related
information for the purpose of processing criminal record
offender information for employment, licensing, certification,
custodial child placement or adoption, except as specified.
[Penal Code Section 11077.1(a).]
9)Allows the DOJ, in its discretion, to accept hard fingerprint
cards in order to process criminal offender record information
requests for employment, licensing, certification, child
custody placement and adoption purposes. [Penal Code Section
11077.1(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill will
aid law enforcement in getting the necessary information they
need on criminal offenders to make the streets safe.
Currently, there is no statewide, centralized digital database
on offender information. With no uniform computerized log
system, our law enforcement often lacks the basic information
on criminals such as previous convictions. This bill is the
first step in creating a database that will practically equip
our law enforcement and our communities with the tools they
need to maintain the public safety."
2)Argument in Support : The California Police Chiefs Association
(a co-sponsor of this bill) states, "AB 810 relating to the
feasibility of creating an inter-county criminal offender
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database that would be accessible to local law enforcement
agencies, including municipal police department for the
purpose of facilitating and enhancing local law enforcement
operations by insuring readily available information on
criminal offenders.
"AB 810 has important officer safety dimensions. An office in
contact with an out of county realignment felon is distinctly
at risk if he/she has no way of determining whether that
person is in fact under supervision in their home county. AB
810 will light a pathway to providing for accessible
information that is critical to the safety of that officer."
REGISTERED SUPPORT / OPPOSITION :
Support
California Police Chiefs Association (Co-Sponsor)
League of California Cities (Co-Sponsor)
California Narcotics Officers' Association
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744