Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 971

Introduced by Assembly Member Garcia

February 22, 2013

An act to amend Section 15975 of the Government Code, and to amend begin delete Section 432.7 end delete begin insert Sections 11105 and 13300 end insert of the begin delete Labor end delete begin insert Penal end insert Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 971, as amended, Garcia. begin delete Contracts and applications for employment: paratransit services. end delete begin insert Public agency employers: paratransit providers: criminal history information. end insert

begin delete

Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, except as specified. Existing law authorizes a health care facility, as defined, to ask an applicant for employment to disclose an arrest for specified offenses, including offenses specified in the sex offender registration statute.

end delete

Existing law requires the Attorney General to furnish state summary criminal history information to a city, county, city and county, or district, or an officer or official thereof, when that information is needed in fulfilling employment, certification, or licensing duties, as specified, subject to specified restrictions as to arrests or detentions that did not result in a conviction. Other provisions of existing law authorize the Attorney General to provide summary criminal history information to specified persons or entities for specified purposes. Existing law provides a similar provision with respect to authorizing a local public entity to receive local criminal history information.

This bill begin insert additionally end insert would authorize a specified social services paratransit agency to begin delete require its service contractors, as specified, to ask applicants for employment with regular access to persons with disabilities to disclose arrests for offenses specified in the sex offender registration statute. The bill would also authorize that agency to end delete receive specified state and local criminal history begin delete information. The bill would, in addition, authorize a service contractor of a paratransit agency, as specified, to ask applicants for employment with regular access to persons with disabilities to disclose arrests for offenses specified in the sex offender registration statute, if required by the paratransit agency to do so. The bill end delete begin insert information with respect to its contracted providers, and end insert would further make technical, nonsubstantive, and conforming changes.

begin insert

By expanding the scope of criminal history information that a local agency is required to furnish, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 15975 of the Government Code is
amended to read:

15975.  

(a) The transportation planning agencies and the county
transportation commissions shall prepare and adopt an action plan
that describes in detail the steps required to accomplish the
consolidation of social service transportation services. Funding
for the action plan shall be provided from local transportation funds
made available under Chapter 4 (commencing with Section 99200)
of Part 11 of Division 10 of the Public Utilities Code. The action
plan shall substantiate that one or more of the benefits indicated
in Sections 15951 and 15952 are feasible for the services in a given
geographic area. The action plan shall include, but not be limited
to, the following:

(1) The designation of consolidated transportation service
agencies within the geographic area of jurisdiction of the
transportation planning agency or county transportation
commission. The action plan may designate more than a single
agency or multiple agencies as consolidated transportation service
agencies, if improved coordination of all services is demonstrated
within the geographic area. In Ventura County, the county
transportation commission is the consolidated transportation service
agency.

The action plan may also specify that the consolidation of some
services and the coordination of other services is the most feasible
approach, at the time the action plan is submitted, which will
provide improved efficiency and effectiveness of those services.

(2) The identification of the social service recipients to be
served, of funds available for use by the consolidated or
coordinated services, and of an orderly strategy and schedule
detailing the steps required to develop the financial program and
management structure necessary to implement consolidated or
coordinated services.

(3) Measures to coordinate the services provided under
paragraph (1) with existing fixed route service provided by public
and private transportation providers.

(4) Measures for the effective coordination of specialized
transportation service from one provider service area to another.

(5) Measures to ensure that the objectives of the action plan are
consistent with the legislative intent declared in Section 15951.

(b) An entity formed by the regional transportation planning
authority as a nonprofit public benefit corporation, designated as
a consolidated transportation services agency under this section
and charged with administering a countywide coordinated
paratransit plan adopted pursuant to Section 37.141 of Chapter 49
of the Code of Federal Regulations shall, for the purposes of
paragraph (2) of subdivision (e) of Section 14055 and Part 1
(commencing with Section 810) and Part 2 (commencing with
Section 814) of Division 3.6, be deemed a “public agency” within
the meaning of “public entity,” as defined in Section 811.2.

begin delete

SEC. 2.  

Section 432.7 of the Labor Code is amended to read:

432.7.  

(a) An employer, whether a public agency or private
individual or corporation, may not ask an applicant for employment
to disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program. An employer may not seek
from any source, or utilize, as a factor in determining any condition
of employment including hiring, promotion, termination, or any
apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did
not result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program. As
used in this section, a conviction shall include a plea, verdict, or
finding of guilt regardless of whether sentence is imposed by the
court. Nothing in this section shall prevent an employer from
asking an employee or applicant for employment about an arrest
for which the employee or applicant is out on bail or on his or her
own recognizance pending trial.

(b) Nothing in this section shall prohibit the disclosure of the
information authorized for release under Sections 13203 and 13300
of the Penal Code, to a government agency employing a peace
officer. However, the employer shall not determine any condition
of employment other than paid administrative leave based solely
on an arrest report. The information contained in an arrest report
may be used as the starting point for an independent, internal
investigation of a peace officer in accordance with Chapter 9.7
(commencing with Section 3300) of Division 4 of Title 1 of the
Government Code.

(c) In any case where a person violates this section, or Article
6 (commencing with Section 11140) of Chapter 1 of Title 1 of Part
4 of the Penal Code, the applicant may bring an action to recover
from that person actual damages or two hundred dollars ($200),
whichever is greater, plus costs, and reasonable attorney’s fees.
An intentional violation of this section shall entitle the applicant
to treble actual damages, or five hundred dollars ($500), whichever
is greater, plus costs, and reasonable attorney’s fees. An intentional
violation of this section is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500).

(d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.

(e) Persons seeking employment or persons already employed
as peace officers or persons seeking employment for positions in
the Department of Justice or other criminal justice agencies as
defined in Section 13101 of the Penal Code are not covered by
this section.

(f) Nothing in this section shall prohibit an employer at a health
facility, as defined in Section 1250 of the Health and Safety Code,
from asking an applicant for employment either of the following:

(1) With regard to an applicant for a position with regular access
to patients, to disclose an arrest under any section specified in
Section 290 of the Penal Code.

(2) With regard to an applicant for a position with access to
drugs and medication, to disclose an arrest under any section
specified in Section 11590 of the Health and Safety Code.

(g) (1) A peace officer or employee of a law enforcement
agency with access to criminal offender record information
maintained by a local law enforcement criminal justice agency
may not knowingly disclose, with intent to affect a person’s
employment, any information contained therein pertaining to an
arrest or detention or proceeding that did not result in a conviction,
including information pertaining to a referral to, and participation
in, any pretrial or posttrial diversion program, to any person not
authorized by law to receive that information.

(2) A person authorized by law to receive criminal offender
record information maintained by a local law enforcement criminal
justice agency may not knowingly disclose any information
received therefrom pertaining to an arrest or detention or
proceeding that did not result in a conviction, including information
pertaining to a referral to, and participation in, any pretrial or
posttrial diversion program, to any person not authorized by law
to receive that information.

(3) A person, except those specifically referred to in Section
1070 of the Evidence Code, knowing he or she is not a person
authorized by law to receive criminal offender record information
maintained by a local law enforcement criminal justice agency,
pertaining to an arrest or other proceeding that did not result in a
conviction, including information pertaining to a referral to, and
participation in, any pretrial or posttrial diversion program, may
not receive or possess that information.

(h) “A person authorized by law to receive criminal offender
record information,” for purposes of this section, means any person
or public agency authorized by a court, statute, or decisional law
to receive information contained in criminal offender records
maintained by a local law enforcement criminal justice agency,
and includes, but is not limited to, those persons set forth in Section
11105 of the Penal Code, and any person employed by a law
enforcement criminal justice agency who is required by that
employment to receive, analyze, or process criminal offender
record information.

(i) Nothing in this section shall require the Department of Justice
to remove entries relating to an arrest or detention not resulting in
conviction from summary criminal history records forwarded to
an employer pursuant to law.

(j) As used in this section, “pretrial or posttrial diversion
program” means any program under Chapter 2.5 (commencing
with Section 1000) or Chapter 2.7 (commencing with Section
1001) of Title 6 of Part 2 of the Penal Code, Section 13201 or
13352.5 of the Vehicle Code, or any other program expressly
authorized and described by statute as a diversion program.

(k) (1) Subdivision (a) shall not apply to any city, city and
county, county, or district, or any officer or official thereof, in
screening a prospective concessionaire, or the affiliates and
associates of a prospective concessionaire for purposes of
consenting to, or approving of, the prospective concessionaire’s
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest.

(2) For purposes of this subdivision the following terms have
the following meanings:

(A) “Screening” means a written request for criminal history
information made to a local law enforcement agency.

(B) “Prospective concessionaire” means any individual, general
or limited partnership, corporation, trust, association, or other
entity that is applying for, or seeking to obtain, a public agency’s
consent to, or approval of, the acquisition by that individual or
entity of any beneficial ownership interest in any public agency’s
concession, lease, or other property right whether directly or
indirectly held. However, “prospective concessionaire” does not
include any of the following:

(i) A lender acquiring an interest solely as security for a bona
fide loan made in the ordinary course of the lender’s business and
not made for the purpose of acquisition.

(ii) A lender upon foreclosure or assignment in lieu of
foreclosure of the lender’s security.

(C) “Affiliate” means any individual or entity that controls, or
is controlled by, the prospective concessionaire, or who is under
common control with the prospective concessionaire.

(D) “Associate” means any individual or entity that shares a
common business purpose with the prospective concessionaire
with respect to the beneficial ownership interest that is subject to
the consent or approval of the city, county, city and county, or
district.

(E) “Control” means the possession, direct or indirect, of the
power to direct, or cause the direction of, the management or
policies of the controlled individual or entity.

(l) (1) Nothing in subdivision (a) shall prohibit a public agency,
or any officer or official thereof, from denying consent to, or
approval of, a prospective concessionaire’s application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest based on the criminal history information
of the prospective concessionaire or the affiliates or associates of
the prospective concessionaire that show any criminal conviction
for offenses involving moral turpitude. Criminal history
information for purposes of this subdivision includes any criminal
history information obtained pursuant to Section 11105 or 13300
of the Penal Code.

(2) In considering criminal history information, a public agency
shall consider the crime for which the prospective concessionaire
or the affiliates or associates of the prospective concessionaire was
convicted only if that crime relates to the specific business that is
proposed to be conducted by the prospective concessionaire.

(3) Any prospective concessionaire whose application for
consent or approval to acquire a beneficial interest in a concession,
lease, or other property interest is denied based on criminal history
information shall be provided a written statement of the reason for
the denial.

(4) (A) If the prospective concessionaire submits a written
request to the public agency within 10 days of the date of the notice
of denial, the public agency shall review its decision with regard
to any corrected record or other evidence presented by the
prospective concessionaire as to the accuracy or incompleteness
of the criminal history information utilized by the public agency
in making its original decision.

(B) The prospective concessionaire shall submit the copy or the
corrected record of any other evidence to the public agency within
90 days of a request for review. The public agency shall render its
decision within 20 days of the submission of evidence by the
prospective concessionaire.

(m) (1) Nothing in this section shall prohibit a public entity
described in subdivision (b) of Section 15975 of the Government
Code from doing any of the following:

(A) Requesting or requiring its service providers who have
contracted with the public entity to provide paratransit services to
ask an applicant for employment with regular access to persons
with disabilities to disclose an arrest under any section specified
in Section 290 of the Penal Code.

(B) Receiving the disclosure of information authorized for
release to a government agency under Section 13300 of the Penal
Code.

(C) Receiving the disclosure of information authorized for
release under Section 11105 of the Penal Code.

(2) Nothing in this section shall prohibit a service provider
described in subparagraph (A) of paragraph (1) from asking an
applicant for employment with regular access to persons with
disabilities to disclose an arrest under any section specified in
Section 290 of the Penal Code, if requested or required by the
public entity to do so.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11105 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

11105.  

(a) (1) The Department of Justice shall maintain state
summary criminal history information.

(2) As used in this section:

(A) “State summary criminal history information” means the
master record of information compiled by the Attorney General
pertaining to the identification and criminal history of any person,
such as name, date of birth, physical description, fingerprints,
photographs, dates of arrests, arresting agencies and booking
numbers, charges, dispositions, and similar data about the person.

(B) “State summary criminal history information” does not refer
to records and data compiled by criminal justice agencies other
than the Attorney General, nor does it refer to records of complaints
to or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.

(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:

(1) The courts of the state.

(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.

(3) District attorneys of the state.

(4) Prosecuting city attorneys of any city within the state.

(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section
3479 or 3480 of the Civil Code, or Section 11571 of the Health
and Safety Code.

(6) Probation officers of the state.

(7) Parole officers of the state.

(8) A public defender or attorney of record when representing
a person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.

(9) A public defender or attorney of record when representing
a person in a criminal case, or a parole, mandatory supervision
pursuant to paragraph (5) of subdivision (h) of Section 1170, or
postrelease community supervision revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.

(10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.

(11) Any city or county, city and county, district, or any officer
or official thereof if access is needed in order to assist that agency,
officer, or official in fulfilling employment, certification, or
licensing duties, and if the access is specifically authorized by the
city council, board of supervisors, or governing board of the city,
county, or district if the criminal history information is required
to implement a statute, ordinance, or regulation that expressly
refers to specific criminal conduct applicable to the subject person
of the state summary criminal history information, and contains
requirements or exclusions, or both, expressly based upon that
specified criminal conduct. The city or county, city and county,
district, or the officer or official thereof authorized by this
paragraph may also transmit fingerprint images and related
information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation.

(12) The subject of the state summary criminal history
information under procedures established under Article 5
(commencing with Section 11120).

(13) Any person or entity when access is expressly authorized
by statute if the criminal history information is required to
implement a statute or regulation that expressly refers to specific
criminal conduct applicable to the subject person of the state
summary criminal history information, and contains requirements
or exclusions, or both, expressly based upon that specified criminal
conduct.

(14) Health officers of a city, county, city and county, or district
when in the performance of their official duties enforcing Section
120175 of the Health and Safety Code.

(15) Any managing or supervising correctional officer of a
county jail or other county correctional facility.

(16) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section
14502 of the Corporations Code for the appointment of humane
officers.

(17) Local child support agencies established by Section 17304
of the Family Code. When a local child support agency closes a
support enforcement case containing summary criminal history
information, the agency shall delete or purge from the file and
destroy any documents or information concerning or arising from
offenses for or of which the parent has been arrested, charged, or
convicted, other than for offenses related to the parent’s having
failed to provide support for minor children, consistent with the
requirements of Section 17531 of the Family Code.

(18) County child welfare agency personnel who have been
delegated the authority of county probation officers to access state
summary criminal history information pursuant to Section 272 of
the Welfare and Institutions Code for the purposes specified in
Section 16504.5 of the Welfare and Institutions Code. Information
from criminal history records provided pursuant to this subdivision
shall not be used for any purposes other than those specified in
this section and Section 16504.5 of the Welfare and Institutions
Code. When an agency obtains records obtained both on the basis
of name checks and fingerprint checks, final placement decisions
shall be based only on the records obtained pursuant to the
fingerprint check.

(19) The court of a tribe, or court of a consortium of tribes, that
has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information
may be used only for the purposes specified in Section 16504.5
of the Welfare and Institutions Code and for tribal approval or
tribal licensing of foster care or adoptive homes. Article 6
(commencing with Section 11140) shall apply to officers, members,
and employees of a tribal court receiving criminal record offender
information pursuant to this section.

(20) Child welfare agency personnel of a tribe or consortium
of tribes that has entered into an agreement with the state pursuant
to Section 10553.1 of the Welfare and Institutions Code and to
whom the state has delegated duties under paragraph (2) of
subdivision (a) of Section 272 of the Welfare and Institutions Code.
The purposes for use of the information shall be for the purposes
specified in Section 16504.5 of the Welfare and Institutions Code
and for tribal approval or tribal licensing of foster care or adoptive
homes. When an agency obtains records on the basis of name
checks and fingerprint checks, final placement decisions shall be
based only on the records obtained pursuant to the fingerprint
check. Article 6 (commencing with Section 11140) shall apply to
child welfare agency personnel receiving criminal record offender
information pursuant to this section.

(21) An officer providing conservatorship investigations
pursuant to Sections 5351, 5354, and 5356 of the Welfare and
Institutions Code.

(22) A court investigator providing investigations or reviews
in conservatorships pursuant to Section 1826, 1850, 1851, or
2250.6 of the Probate Code.

(23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.

(24) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.

begin insert

(25) A public agency described in subdivision (b) of Section
15975 of the Government Code, for the purpose of oversight and
enforcement policies with respect to its contracted providers.

end insert

(c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided
that when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing duties,
Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
Labor Code shall apply:

(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, that operates a nuclear energy facility when access
is needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom
the data relates.

(2) To a peace officer of the state other than those included in
subdivision (b).

(3) To an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.

(4) To a peace officer of another country.

(5) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute
of the United States, other states, or possessions or territories of
the United States if the information is needed for the performance
of their official duties.

(6) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of
furthering the rehabilitation of the subject.

(7) The courts of the United States, other states, or territories
or possessions of the United States.

(8) Peace officers of the United States, other states, or territories
or possessions of the United States.

(9) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.

(10) (A) (i) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who,
in the course of their employment may be seeking entrance to
private residences or adjacent grounds. The information provided
shall be limited to the record of convictions and any arrest for
which the person is released on bail or on his or her own
recognizance pending trial.

(ii) If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data
to the current or prospective employee to whom the data relates.

(iii) Any information obtained from the state summary criminal
history is confidential and the receiving public utility or cable
corporation shall not disclose its contents, other than for the
purpose for which it was acquired. The state summary criminal
history information in the possession of the public utility or cable
corporation and all copies made from it shall be destroyed not
more than 30 days after employment or promotion or transfer is
denied or granted, except for those cases where a current or
prospective employee is out on bail or on his or her own
recognizance pending trial, in which case the state summary
criminal history information and all copies shall be destroyed not
more than 30 days after the case is resolved.

(iv) A violation of this paragraph is a misdemeanor, and shall
give the current or prospective employee who is injured by the
violation a cause of action against the public utility or cable
corporation to recover damages proximately caused by the
violations. Any public utility’s or cable corporation’s request for
state summary criminal history information for purposes of
employing current or prospective employees who may be seeking
entrance to private residences or adjacent grounds in the course
of their employment shall be deemed a “compelling need” as
required to be shown in this subdivision.

(v) Nothing in this section shall be construed as imposing any
duty upon public utilities or cable corporations to request state
summary criminal history information on any current or prospective
employees.

(B) For purposes of this paragraph, “cable corporation” means
any corporation or firm that transmits or provides television,
computer, or telephone services by cable, digital, fiber optic,
satellite, or comparable technology to subscribers for a fee.

(C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal
Bureau of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the
Department of Justice may then be disseminated to the entities
referenced in subparagraph (A), as authorized by law.

(D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph
shall commence July 1, 2005.

(ii) Authority for a public utility to request federal level criminal
history information under this paragraph shall commence July 1,
2005.

(11) To any campus of the California State University or the
University of California, or any four year college or university
accredited by a regional accreditation organization approved by
the United States Department of Education, if needed in
conjunction with an application for admission by a convicted felon
to any special education program for convicted felons, including,
but not limited to, university alternatives and halfway houses. Only
conviction information shall be furnished. The college or university
may require the convicted felon to be fingerprinted, and any inquiry
to the department under this section shall include the convicted
felon’s fingerprints and any other information specified by the
department.

(12) To any foreign government, if requested by the individual
who is the subject of the record requested, if needed in conjunction
with the individual’s application to adopt a minor child who is a
citizen of that foreign nation. Requests for information pursuant
to this paragraph shall be in accordance with the process described
in Sections 11122 to 11124, inclusive. The response shall be
provided to the foreign government or its designee and to the
individual who requested the information.

(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped “no criminal record” and returned to the person or entity
making the request.

(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department
of Justice may charge the person or entity making the request a
fee that it determines to be sufficient to reimburse the department
for the cost of furnishing the information. In addition, the
Department of Justice may add a surcharge to the fee to fund
maintenance and improvements to the systems from which the
information is obtained. Notwithstanding any other law, any person
or entity required to pay a fee to the department for information
received under this section may charge the applicant a fee sufficient
to reimburse the person or entity for this expense. All moneys
received by the department pursuant to this section, Sections
11105.3 and 26190, and former Section 13588 of the Education
Code shall be deposited in a special account in the General Fund
to be available for expenditure by the department to offset costs
incurred pursuant to those sections and for maintenance and
improvements to the systems from which the information is
obtained upon appropriation by the Legislature.

(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits
submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
of the Business and Professions Code shall take priority over the
processing of other applicant fingerprints.

(g) It is not a violation of this section to disseminate statistical
or research information obtained from a record, provided that the
identity of the subject of the record is not disclosed.

(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by
a court, statute, or decisional law.

(i) Notwithstanding any other law, the Department of Justice
or any state or local law enforcement agency may require the
submission of fingerprints for the purpose of conducting summary
criminal history information checks that are authorized by law.

(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6
(commencing with Section 1367) of Title 10 of Part 2 arising out
of a complaint charging a felony offense specified in Section 290.

(k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by an
authorized agency or organization and the information is to be
used for peace officer employment or certification purposes. As
used in this subdivision, a peace officer is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance
pending trial.

(C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided however that where the
records of the Department of Justice do not contain a disposition
for the arrest, the Department of Justice first makes a genuine effort
to determine the disposition of the arrest.

(D) Every successful diversion.

(E) Every date and agency name associated with all retained
peace officer or nonsworn law enforcement agency employee
preemployment criminal offender record information search
requests.

(l) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by a criminal
justice agency or organization as defined in Section 13101, and
the information is to be used for criminal justice employment,
licensing, or certification purposes.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance
pending trial.

(C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice indicate or if the genuine
effort reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program, or
the arrest was deemed a detention.

(D) Every date and agency name associated with all retained
peace officer or nonsworn law enforcement agency employee
preemployment criminal offender record information search
requests.

(m) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by an
authorized agency or organization pursuant to Section 1522,
1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
any statute that incorporates the criteria of any of those sections
or this subdivision by reference, and the information is to be used
for employment, licensing, or certification purposes.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction of an offense rendered against the
applicant.

(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance
pending trial.

(C) Every arrest for an offense for which the Department of
Social Services is required by paragraph (1) of subdivision (a) of
Section 1522 of the Health and Safety Code to determine if an
applicant has been arrested. However, if the records of the
Department of Justice do not contain a disposition for an arrest,
the Department of Justice shall first make a genuine effort to
determine the disposition of the arrest.

(3) Notwithstanding the requirements of the sections referenced
in paragraph (1) of this subdivision, the Department of Justice
shall not disseminate information about an arrest subsequently
deemed a detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.

(n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:

(A) Paragraph (9) of subdivision (c), when the information is
to be used by a cable corporation.

(B) Section 11105.3 or 11105.4.

(C) Section 15660 of the Welfare and Institutions Code.

(D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.

(2) With the exception of applications submitted by
transportation companies authorized pursuant to Section 11105.3,
and notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
Code. However, with the exception of those offenses for which
registration is required pursuant to Section 290, the Department
of Justice shall not disseminate information pursuant to this
subdivision unless the conviction occurred within 10 years of the
date of the agency’s request for information or the conviction is
over 10 years old but the subject of the request was incarcerated
within 10 years of the agency’s request for information.

(B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code for which the applicant is presently awaiting
trial, whether the applicant is incarcerated or has been released on
bail or on his or her own recognizance pending trial.

(o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by an
authorized agency or organization pursuant to Section 379 or 550
of the Financial Code, or any statute that incorporates the criteria
of either of those sections or this subdivision by reference, and the
information is to be used for employment, licensing, or certification
purposes.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
550 of the Financial Code.

(B) Every arrest for a violation or attempted violation of an
offense specified in Section 550 of the Financial Code for which
the applicant is presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her own
recognizance pending trial.

(p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o), or
by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that section
or this subdivision by reference, and the information is to be used
for employment, licensing, or certification purposes.

(2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance
pending trial.

(q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent notification pursuant to
Section 11105.2. This subdivision shall not supersede sections that
mandate an agency, organization, or individual to contract with
the Department of Justice for subsequent notification pursuant to
Section 11105.2.

(r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other
statutory notification requirements.

(s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal
criminal history information.

(t) Whenever state or federal summary criminal history
information is furnished by the Department of Justice as the result
of an application by an authorized agency, organization, or
individual defined in subdivisions (k) to (p), inclusive, and the
information is to be used for employment, licensing, or certification
purposes, the authorized agency, organization, or individual shall
expeditiously furnish a copy of the information to the person to
whom the information 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 13300 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13300.  

(a) As used in this section:

(1) “Local summary criminal history information” means the
master record of information compiled by any local criminal justice
agency pursuant to Chapter 2 (commencing with Section 13100)
of Title 3 of Part 4 pertaining to the identification and criminal
history of any person, such as name, date of birth, physical
description, dates of arrests, arresting agencies and booking
numbers, charges, dispositions, and similar data about the person.

(2) “Local summary criminal history information” does not
refer to records and data compiled by criminal justice agencies
other than that local agency, nor does it refer to records of
complaints to or investigations conducted by, or records of
intelligence information or security procedures of, the local agency.

(3) “Local agency” means a local criminal justice agency.

(b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:

(1) The courts of the state.

(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b),
and (j) of Section 830.3, and subdivisions (a), (b), and (c) of
Section 830.5.

(3) District attorneys of the state.

(4) Prosecuting city attorneys of any city within the state.

(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section
3479 or 3480 of the Civil Code, or Section 11571 of the Health
and Safety Code.

(6) Probation officers of the state.

(7) Parole officers of the state.

(8) A public defender or attorney of record when representing
a person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.

(9) A public defender or attorney of record when representing
a person in a criminal case, or a parole, mandatory supervision, or
postrelease community supervision revocation or revocation
extension hearing, and when authorized access by statutory or
decisional law.

(10) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements
or exclusions, or both, expressly based upon the specified criminal
conduct.

(11) Any city, county, city and county, or district, or any officer
or official thereof, when access is needed in order to assist the
agency, officer, or official in fulfilling employment, certification,
or licensing duties, and when the access is specifically authorized
by the city council, board of supervisors, or governing board of
the city, county, or district when the local summary criminal history
information is required to implement a statute, regulation, or
ordinance that expressly refers to specific criminal conduct
applicable to the subject person of the local summary criminal
history information, and contains requirements or exclusions, or
both, expressly based upon the specified criminal conduct.

(12) The subject of the local summary criminal history
information.

(13) Any person or entity when access is expressly authorized
by statute when the local summary criminal history information
is required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon the specified criminal conduct.

(14) Any managing or supervising correctional officer of a
county jail or other county correctional facility.

(15) Local child support agencies established by Section 17304
of the Family Code. When a local child support agency closes a
support enforcement case containing summary criminal history
information, the agency shall delete or purge from the file and
destroy any documents or information concerning or arising from
offenses for or of which the parent has been arrested, charged, or
convicted, other than for offenses related to the parents having
failed to provide support for the minor children, consistent with
Section 17531 of the Family Code.

(16) County child welfare agency personnel who have been
delegated the authority of county probation officers to access state
summary criminal information pursuant to Section 272 of the
Welfare and Institutions Code for the purposes specified in Section
16504.5 of the Welfare and Institutions Code.

(17) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.
A local agency may charge a reasonable fee sufficient to cover the
costs of providing information pursuant to this paragraph.

begin insert

(18) A public agency described in subdivision (b) of Section
15975 of the Government Code, for the purpose of oversight and
enforcement policies with respect to its contracted providers.

end insert

(c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:

(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.

(2) To a peace officer of the state other than those included in
subdivision (b).

(3) To a peace officer of another country.

(4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute
of the United States, other states, or possessions or territories of
the United States when this information is needed for the
performance of their official duties.

(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of
furthering the rehabilitation of the subject.

(6) The courts of the United States, other states, or territories
or possessions of the United States.

(7) Peace officers of the United States, other states, or territories
or possessions of the United States.

(8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.

(9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing
persons who will be seeking entrance to private residences in the
course of their employment. The information provided shall be
limited to the record of convictions and any arrest for which the
person is released on bail or on his or her own recognizance
pending trial.

If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.

Any information obtained from the local summary criminal
history is confidential and the receiving public utility shall not
disclose its contents, other than for the purpose for which it was
acquired. The local summary criminal history information in the
possession of the public utility and all copies made from it shall
be destroyed 30 days after employment is denied or granted,
including any appeal periods, except for those cases where an
employee or applicant is out on bail or on his or her own
recognizance pending trial, in which case the state summary
criminal history information and all copies shall be destroyed 30
days after the case is resolved, including any appeal periods.

A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is
injured by the violation a cause of action against the public utility
to recover damages proximately caused by the violation.

Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.

Seeking entrance to private residences in the course of
employment shall be deemed a “compelling need” as required to
be shown in this subdivision.

(10) Any city, county, city and county, or district, or any officer
or official thereof, if a written request is made to a local law
enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting
to, or approving of, the prospective concessionaire’s application
for, or acquisition of, any beneficial interest in a concession, lease,
or other property interest.

Any local government’s request for local summary criminal
history information for purposes of screening a prospective
concessionaire and their affiliates or associates before approving
or denying an application for, or acquisition of, any beneficial
interest in a concession, lease, or other property interest is deemed
a “compelling need” as required by this subdivision. However,
only local summary criminal history information pertaining to
criminal convictions may be obtained pursuant to this paragraph.

Any information obtained from the local summary criminal
history is confidential and the receiving local government shall
not disclose its contents, other than for the purpose for which it
was acquired. The local summary criminal history information in
the possession of the local government and all copies made from
it shall be destroyed not more than 30 days after the local
government’s final decision to grant or deny consent to, or approval
of, the prospective concessionaire’s application for, or acquisition
of, a beneficial interest in a concession, lease, or other property
interest. Nothing in this section shall be construed as imposing
any duty upon a local government, or any officer or official thereof,
to request local summary criminal history information on any
current or prospective concessionaire or their affiliates or
associates.

(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped “no criminal record” and returned to the person or entity
making the request.

(e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge
a fee to cover the cost of taking the fingerprints and processing
the required documents.

(f) Whenever local summary criminal history information
furnished pursuant to this section is to be used for employment,
licensing, or certification purposes, the local agency shall charge
the person or entity making the request a fee which it determines
to be sufficient to reimburse the local agency for the cost of
furnishing the information, provided that no fee shall be charged
to any public law enforcement agency for local summary criminal
history information furnished to assist it in employing, licensing,
or certifying a person who is applying for employment with the
agency as a peace officer or criminal investigator. Any state agency
required to pay a fee to the local agency for information received
under this section may charge the applicant a fee sufficient to
reimburse the agency for the expense.

(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.

(h) It is not a violation of this article to disseminate statistical
or research information obtained from a record, provided that the
identity of the subject of the record is not disclosed.

(i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by
a court, statute, or decisional law.

(j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of
the Government Code, provide information from a local summary
criminal history, if release of the information would enhance public
safety, the interest of justice, or the public’s understanding of the
justice system and the person making the request declares that the
request is made for a scholarly or journalistic purpose. If a person
in a declaration required by this subdivision willfully states as true
any material fact that he or she knows to be false, he or she shall
be subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as
a civil judgment.

(k) Notwithstanding any other law, the Department of Justice
or any state or local law enforcement agency may require the
submission of fingerprints for the purpose of conducting summary
criminal history information record checks which are authorized
by law.

(l) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention
of a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program
or a deferred entry of judgment program, to a government agency
employer of that peace officer or applicant.

(m) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment
program to a government agency employer of that peace officer
or applicant.

(n) Notwithstanding subdivision (l) or (m), a local criminal
justice agency shall not release information under the following
circumstances:

(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.

(2) Information concerning an arrest or detention followed by
a dismissal or release without attempting to determine whether the
individual was exonerated.

(3) Information concerning an arrest without a disposition
without attempting to determine whether diversion has been
successfully completed or the individual was exonerated.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert