California Legislature—2013–14 Regular Session

Assembly Bill No. 1027

Introduced by Assembly Member Bonilla

(Principal coauthor: Senator DeSaulnier)

(Coauthors: Assembly Members Bonta, Campos, Dickinson, Frazier, Gray, Lowenthal, Medina, Mitchell, Perea, and Quirk-Silva)

February 22, 2013

An act to add Section 11105.07 to the Penal Code, relating to criminal history.

LEGISLATIVE COUNSEL’S DIGEST

AB 1027, as introduced, Bonilla. 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 volunteers or employees who are left alone with minors and would prohibit a person from having access to minors as an employee or volunteer if the person has been convicted of or pled guilty or nolo contendere to, a crime of child abuse, sexual abuse, or domestic violence. The bill would provide that completing the background check does not 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 11105.07 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 any volunteer or employee who is left alone with minors
under 18 years of age. 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 under 18 years of
age as a volunteer or employee if he or she has been convicted of,
or pled guilty or nolo contendere to, a crime of child abuse, sexual
abuse, or domestic violence. Violation of this subdivision is not a
crime.

(c) This section does not remove or limit the liability of a
mandated reporter pursuant to Section 11166.