BILL ANALYSIS Ó
AB 1027
Page 1
Date of Hearing: April 9, 2013
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1027 (Bonilla) - As Amended: February 22, 2013
As Proposed to be Amended in Committee
SUMMARY : Authorizes a community youth athletics program to
request state- and federal-level background checks for a
volunteer coach or hired coach candidate. Specifically this
bill :
1)Defines a "community youth athletics program" as an employer
having as its primary purpose the promotion or provision of
athletic activities for youth under 18 years of age.
2)Specifies that a community youth athletics program may request
state- and federal-level criminal offender record information
for a volunteer coach or hired coach candidate.
3)States that the director of the community youth athletics
program shall be the custodian of records.
4)Provides that if the community youth athletics program makes
such a request, the director shall consider, including but not
limited to, specified convictions related to child abuse,
rape, and domestic violence, and whether the candidate has
been convicted of an offense requiring registration in the sex
offender registry, as specified. This does not preclude the
community youth athletics program from considering other
factors when making a hiring decision.
5)States that the community youth athletics program may request
from the Department of Justice (DOJ) subsequent arrest
notification service.
6)Specifies that compliance with this section does not remove or
limit the liability of a mandated reporter.
EXISTING LAW :
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1)Provides that DOJ shall maintain state summary criminal
history information and authorizes DOJ to furnish state
summary criminal history information to statutorily authorized
entities. (Penal Code Section 11105.6.)
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. [Penal Code Section
11105.3(a).]
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 by DOJ to be searched
for any record of arrests or convictions. [Penal Code
Section 11105.3(b).]
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.
[Penal Code Section 11105.3(c)(1).]
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. [Penal Code Section
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11105.3(c)(2).]
d) Defines "human resource agency" as a public or private
entity, excluding any agency responsible for licensing of
specified facilities, responsible for determining the
character and fitness of a person who is [Penal Code
Section 11105.3(g)]:
i) Applying for a license, employment, or as a
volunteer within the human services field that involves
the care and security of children, the elderly, the
handicapped, or the mentally impaired.
ii) Applying to be a volunteer who transports
individuals impaired by drugs or alcohol.
iii) Applying to adopt a child or be a foster parent.
e) States that any criminal history information obtained
pursuant to this section is confidential and no recipient
shall disclose its contents other than for the purpose for
which it was acquired, except as specified. [Penal Code
Section 11105.3(h).]
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
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the last contact information provided by the applicant.
[Penal Code Section 11105.2(a).]
4)Provides that any entity that submits the fingerprints of an
applicant for employment, licensing, certification, or
approval to DOJ for the purpose of establishing a record at
DOJ or the FBI to receive notification of subsequent arrest or
disposition shall immediately notify the department if the
applicant is not subsequently employed, or if the applicant is
denied licensing certification, or approval. [Penal Code
Section 11105.2(f).]
5)Defines "custodian of records" as the individual designated by
an agency as responsible for the security, storage,
dissemination, and destruction of the criminal records
furnished to the agency, and who serves as the primary records
contact for DOJ for any related issues. [Penal Code Section
11102.2(a).]
6)Requires every agency to designate at least one custodian of
records. The agency shall submit to the department the
fingerprint images and related information of the individual
or individuals designated by the agency to serve as the
custodian or custodians of records, along with the appropriate
fees and documentation. DOJ shall retain one copy of the
fingerprint impressions to process a state level criminal
record background check, and it shall submit one copy of the
fingerprint impressions of each individual to the Federal
Bureau of Investigation to process a federal level criminal
record background check. [Penal Code Section 11102.2(c)(1).]
7)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,
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. [Penal Code Section 290.95(c).]
a) Includes within the definition of "working directly in
an unaccompanied setting" providing goods or services to
minors. [Penal Code Section 290.95(d).]
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b) Provides that a violation of this section is a
misdemeanor punishable by imprisonment in a county jail for
not exceeding six months, by a fine not exceeding $1,000,
or by both that imprisonment and fine, and a violation of
this section shall not constitute a continuing offense.
[Penal Code Section 290.95(e).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1027
protects all children who participate in youth sports
activities from sexually abusive and violent individuals. This
bill requires all community youth sports leagues in California
to administer criminal background checks on volunteer coaches
to ensure the utmost protection and safety of our children.
Existing law requires public school districts to administer
background checks through the Department of Justice on any
employees or volunteers who work with minors. However, this
requirement is not extended to our community youth sports
organizations and therefore creates unequal protection for our
children. This bill creates uniformity for all youth sports
leagues across California and requires all volunteer coaches
to be criminally screened before they are allowed to be
unsupervised with children."
2)Chilling Effect on Volunteers : Youth sports leagues rely
heavily on volunteers, many being parents of minors
participating in the league. This bill encourages youth
sports leagues to request background checks for hired coaches
and volunteer coaches, and to request subsequent arrest
notification. DOJ informed this Committee that the current
cost of the state-level background check is $32 for a
for-profit organization, and may be waived for a non-profit
organization. The federal-level background check is $17 for
employees, and $15 for volunteers. In addition, there is a
"rolling fee" that each applicant must pay for having their
fingerprints rolled or scanned. The rolling fee varies from
$10 to $15. While these fees may not pose a huge burden on
families with middle to high incomes, it may be difficult for
many other families to afford these fees, on top of all of the
existing fees for participating in the league, such as
registration fees and the cost of uniforms.
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Criminal background checks for volunteers may also
disincentivize people who have any convictions in their
record, regardless of how remote or whether the nature of the
crime was related to violence or sexual abuse of minors. The
fear that others in the community may learn of an old driving
under the influence or theft conviction may be enough to steer
people away from participating as volunteers in these leagues.
In addition, the subsequent arrest notification service may
also cause some organizations to remove a coach from one of
its leagues for an arrest without a conviction.
3)Argument in Support : According to the National Association of
Social Workers, California Chapter , "This bill will protect
children from potential harm and keep violent offenders from
holding a position with access to vulnerable children. This
bill will standardize the background check system for any
employee or volunteer who comes in contact with children
through youth sports programs. This creates uniformity in the
protection of children and ensures that no offender can slip
through the cracks."
4)Argument in Opposition : The East Bay Community Law Center
(EBCLC) writes, "EBCLC is the East Bay's largest provider of
free legal services to poor people, assisting over 5,000
clients annually. EBCLC's Clean Slate Practice fosters
community reentry by helping clients overcome barriers to
employment, housing, education, and civic participation.
"We believe that protecting young people from those who would
harm them is of paramount importance. Unfortunately, this
bill is drafted so broadly that it would adversely impact many
community members who pose no threat to public safety, and
who, in fact, have much to contribute to the young people in
their communities."
5)Related Legislation : AB 465 (Maienschien) requires a
volunteer or hired coach candidate of a community youth
athletic program to submit to a state- and federal-level
background check prior to contact with youths. AB 465 will be
heard by this Committee today.
6)Prior Legislation :
a) AB 1435 (Dickinson), Chapter 520, Statutes of 2012,
makes athletic coaches, athletic administrators, and
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athletic directors employed by any public or private school
that provides any combination of instruction for
kindergarten, or grades 1 to 12, inclusive, mandated
reporters for the purposes of the Child Abuse and Neglect
Reporting Act (CANRA).
b) AB 1564 (Lara), of the 2011-12 Legislative Session,
would have made volunteers of public and private
organizations, including non-profits, mandated reporters
under CANRA, and would have revoked a non-profit's tax
exempt status if an employee or volunteer failed to report
an instance of known or suspected child abuse. AB 1564 was
never heard by this Committee.
c) AB 1628 (Beall), of the 2011-12 Legislative Session,
among other provisions, would have required a private
entity doing business in the state that rents, leases, or
uses public property and has an employee, member, agent,
licensee, or representative who will access the property
and who has duties involving close interaction with
children on a regular basis to perform an enhanced
background check, as specified, on the employee, member,
agent, licensee, or representative. AB 1628 was held on
the Assembly Appropriations Committee's Suspense File.
d) AB 1025 (Conway), Chapter 379, Statues of 2009, requires
a noncertificated candidate, commencing on July 1, 2010,
prior to assuming a paid or volunteer position to
supervise, direct, or coach a pupil activity program
sponsored by, or affiliated with, a school district, to
obtain from the Commission on Teacher Credentialing an
Activity Supervisor Clearance Certificate issued by the
commission upon verification of the candidate's personal
identification and verification that he or she meets
specified requirements. AB 1025 requires the commission to
submit information relating to applicants to DOJ to obtain
state and federal criminal history information prior to the
issuance of a certificate.
e) AB 1593 (Blakeslee), of the 2008-09 Legislative Session,
would have required school districts that use nonteaching
volunteer aides to adopt a screening policy for those
volunteers and would have required, as a minimum criminal
background check, that districts utilize DOJ's "Megan's
Law" Web site, which tracks registered sex offenders in
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California. AB 1593 was held on the Senate Committee on
Appropriations' Suspense File.
f) SB 2161 (Schiff), Chapter 421, Statutes of 2000,
requires DOJ and local criminal justice agencies to furnish
the state summary criminal history information to county
child welfare agency personnel who have been delegated the
authority of county probation officers pursuant to these
provisions.
REGISTERED SUPPORT / OPPOSITION :
Support
California Police Chiefs Association
California State Sheriffs' Association
Child Abuse Prevention Center
Crime Victims United
National Association of Social Workers, California Chapter
Solano County Sheriff's Office
Opposition
American Civil Liberties Union
California Public Defenders' Association
East Bay Community Law Center
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744