AB 1511, as introduced, Beth Gaines. Criminal history information: animal control officers.
Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of any person, such as his or her name, date of birth, physical description, fingerprints, photographs, dates of arrest, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. Existing law requires the department to furnish this information in response to a request from certain authorized agencies, organizations, or individuals that need the information to fulfill employment, certification, or licensing duties, including in response to a request from a humane officer.
Existing law similarly establishes procedures for the disclosure of local summary criminal history information by a local criminal justice agency for certain purposes, as specified.
This bill would require the Department of Justice and local criminal justice agencies to provide state and local summary criminal history information to an animal control officer for the purposes of performing his or her duties. The bill would permit a local agency to charge a reasonable fee sufficient to cover the costs of providing that information. By requiring local criminal justice agencies to provide this information, the bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11105 of the Penal Code is amended to
2read:
(a) (1) The Department of Justice shall maintain state
4summary criminal history information.
5(2) As used in this section:
6(A) “State summary criminal history information” means the
7master record of information compiled by the Attorney General
8pertaining to the identification and criminal history of any person,
9such as name, date of birth, physical description, fingerprints,
10photographs, dates of arrests, arresting agencies and booking
11numbers, charges, dispositions, and similar data about the person.
12(B) “State summary criminal history information” does not refer
13to records and data compiled by criminal justice
agencies other
14than the Attorney General, nor does it refer to records of complaints
15to or investigations conducted by, or records of intelligence
16information or security procedures of, the office of the Attorney
17General and the Department of Justice.
18(b) The Attorney General shall furnish state summary criminal
19history information to any of the following, if needed in the course
20of their duties, provided that when information is furnished to
21assist an agency, officer, or official of state or local government,
22a public utility, or any other entity, in fulfilling employment,
23certification, or licensing duties, Chapter 1321 of the Statutes of
241974 and Section 432.7 of the Labor Code shall apply:
25(1) The courts of the state.
26(2) Peace officers of the state, as defined in Section 830.1,
27subdivisions (a) and (e) of
Section 830.2, subdivision (a) of Section
P3 1830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
2(a) of Section 830.31.
3(3) District attorneys of the state.
4(4) Prosecuting city attorneys of any city within the state.
5(5) City attorneys pursuing civil gang injunctions pursuant to
6Section 186.22a, or drug abatement actions pursuant to Section
73479 or 3480 of the Civil Code, or Section 11571 of the Health
8and Safety Code.
9(6) Probation officers of the state.
10(7) Parole officers of the state.
11(8) A public defender or attorney of record when representing
12a person in proceedings upon a petition for a certificate of
13
rehabilitation and pardon pursuant to Section 4852.08.
14(9) A public defender or attorney of record when representing
15a person in a criminal case, or a parole, mandatory supervision
16pursuant to paragraph (5) of subdivision (h) of Section 1170, or
17postrelease community supervision revocation or revocation
18extension proceeding, and if authorized access by statutory or
19decisional law.
20(10) Any agency, officer, or official of the state if the criminal
21history information is required to implement a statute or regulation
22that expressly refers to specific criminal conduct applicable to the
23subject person of the state summary criminal history information,
24and contains requirements or exclusions, or both, expressly based
25upon that specified criminal conduct. The agency, officer, or
26official of the state authorized by this paragraph to receive state
27summary criminal history information may
also transmit fingerprint
28images and related information to the Department of Justice to be
29transmitted to the Federal Bureau of Investigation.
30(11) Any city or county, city and county, district, or any officer
31or official thereof if access is needed in order to assist that agency,
32officer, or official in fulfilling employment, certification, or
33licensing duties, and if the access is specifically authorized by the
34city council, board of supervisors, or governing board of the city,
35county, or district if the criminal history information is required
36to implement a statute, ordinance, or regulation that expressly
37refers to specific criminal conduct applicable to the subject person
38of the state summary criminal history information, and contains
39requirements or exclusions, or both, expressly based upon that
40specified criminal conduct. The city or county, city and county,
P4 1district, or the officer or official thereof authorized by this
2paragraph may
also transmit fingerprint images and related
3information to the Department of Justice to be transmitted to the
4Federal Bureau of Investigation.
5(12) The subject of the state summary criminal history
6information under procedures established under Article 5
7(commencing with Section 11120).
8(13) Any person or entity when access is expressly authorized
9by statute if the criminal history information is required to
10implement a statute or regulation that expressly refers to specific
11criminal conduct applicable to the subject person of the state
12summary criminal history information, and contains requirements
13or exclusions, or both, expressly based upon that specified criminal
14conduct.
15(14) Health officers of a city, county, city and county, or district
16when in the performance of their official duties enforcing Section
17120175
of the Health and Safety Code.
18(15) Any managing or supervising correctional officer of a
19county jail or other county correctional facility.
20(16) Any humane society, or society for the prevention of cruelty
21to animals, for the specific purpose of complying with Section
2214502 of the Corporations Code for the appointment of humane
23officers.
24(17) Local child support agencies established by Section 17304
25of the Family Code. When a local child support agency closes a
26support enforcement case containing summary criminal history
27information, the agency shall delete or purge from the file and
28destroy any documents or information concerning or arising from
29offenses for or of which the parent has been arrested, charged, or
30convicted, other than for offenses related to the parent’s having
31failed to provide support for minor
children, consistent with the
32requirements of Section 17531 of the Family Code.
33(18) County child welfare agency personnel who have been
34delegated the authority of county probation officers to access state
35summary criminal history information pursuant to Section 272 of
36the Welfare and Institutions Code for the purposes specified in
37Section 16504.5 of the Welfare and Institutions Code. Information
38from criminal history records provided pursuant to this subdivision
39shall not be used for any purposes other than those specified in
40this section and Section 16504.5 of the Welfare and Institutions
P5 1Code. When an agency obtains records obtained both on the basis
2of name checks and fingerprint checks, final placement decisions
3shall be based only on the records obtained pursuant to the
4fingerprint check.
5(19) The court of a tribe, or court of a consortium of tribes, that
6has entered into an
agreement with the state pursuant to Section
710553.1 of the Welfare and Institutions Code. This information
8may be used only for the purposes specified in Section 16504.5
9of the Welfare and Institutions Code and for tribal approval or
10tribal licensing of foster care or adoptive homes. Article 6
11(commencing with Section 11140) shall apply to officers, members,
12and employees of a tribal court receiving criminal record offender
13information pursuant to this section.
14(20) Child welfare agency personnel of a tribe or consortium
15of tribes that has entered into an agreement with the state pursuant
16to Section 10553.1 of the Welfare and Institutions Code and to
17whom the state has delegated duties under paragraph (2) of
18subdivision (a) of Section 272 of the Welfare and Institutions Code.
19The purposes for use of the information shall be for the purposes
20specified in Section 16504.5 of the Welfare and Institutions Code
21and for tribal approval or tribal
licensing of foster care or adoptive
22homes. When an agency obtains records on the basis of name
23checks and fingerprint checks, final placement decisions shall be
24based only on the records obtained pursuant to the fingerprint
25check. Article 6 (commencing with Section 11140) shall apply to
26child welfare agency personnel receiving criminal record offender
27information pursuant to this section.
28(21) An officer providing conservatorship investigations
29pursuant to Sections 5351, 5354, and 5356 of the Welfare and
30Institutions Code.
31(22) A court investigator providing investigations or reviews
32in conservatorships pursuant to Section 1826, 1850, 1851, or
332250.6 of the Probate Code.
34(23) A person authorized to conduct a guardianship investigation
35pursuant to Section 1513 of the Probate Code.
36(24) A humanebegin delete officerend deletebegin insert officer appointedend insert pursuant to Section
3714502 of the Corporations begin deleteCodeend deletebegin insert Code ofend insert for the purposes of
38performing his or her duties.
P6 1(25) A public agency described in subdivision (b) of Section
215975 of the Government Code, for the purpose of oversight and
3enforcement policies with respect to its contracted providers.
4(26) An animal control
officer, appointed pursuant to Section
5830.9, for purposes of performing his or her official duties.
6(c) The Attorney General may furnish state summary criminal
7history information and, when specifically authorized by this
8subdivision, federal level criminal history information upon a
9showing of a compelling need to any of the following, provided
10that when information is furnished to assist an agency, officer, or
11official of state or local government, a public utility, or any other
12entity in fulfilling employment, certification, or licensing duties,
13Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
14Labor Code shall apply:
15(1) Any public utility, as defined in Section 216 of the Public
16Utilities Code, that operates a nuclear energy facility when access
17is needed in order to assist in employing persons to work at the
18
facility, provided that, if the Attorney General supplies the data,
19he or she shall furnish a copy of the data to the person to whom
20the data relates.
21(2) To a peace officer of the state other than those included in
22subdivision (b).
23(3) To an illegal dumping enforcement officer as defined in
24subdivision (j) of Section 830.7.
25(4) To a peace officer of another country.
26(5) To public officers, other than peace officers, of the United
27States, other states, or possessions or territories of the United
28States, provided that access to records similar to state summary
29criminal history information is expressly authorized by a statute
30of the United States, other states, or possessions or territories of
31the United States if the information is needed for the
performance
32of their official duties.
33(6) To any person when disclosure is requested by a probation,
34parole, or peace officer with the consent of the subject of the state
35summary criminal history information and for purposes of
36furthering the rehabilitation of the subject.
37(7) The courts of the United States, other states, or territories
38or possessions of the United States.
39(8) Peace officers of the United States, other states, or territories
40or possessions of the United States.
P7 1(9) To any individual who is the subject of the record requested
2if needed in conjunction with an application to enter the United
3States or any foreign nation.
4(10) (A) (i) Any public utility, as defined in Section 216 of the
5Public Utilities Code, or any cable corporation as defined in
6subparagraph (B), if receipt of criminal history information is
7needed in order to assist in employing current or prospective
8employees, contract employees, or subcontract employees who,
9in the course of their employment may be seeking entrance to
10private residences or adjacent grounds. The information provided
11shall be limited to the record of convictions and any arrest for
12which the person is released on bail or on his or her own
13recognizance pending trial.
14(ii) If the Attorney General supplies the data pursuant to this
15paragraph, the Attorney General shall furnish a copy of the data
16to the current or prospective employee to whom the data relates.
17(iii) Any information obtained from the state summary criminal
18history is confidential and the
receiving public utility or cable
19corporation shall not disclose its contents, other than for the
20purpose for which it was acquired. The state summary criminal
21history information in the possession of the public utility or cable
22corporation and all copies made from it shall be destroyed not
23more than 30 days after employment or promotion or transfer is
24denied or granted, except for those cases where a current or
25prospective employee is out on bail or on his or her own
26recognizance pending trial, in which case the state summary
27criminal history information and all copies shall be destroyed not
28more than 30 days after the case is resolved.
29(iv) A violation of this paragraph is a misdemeanor, and shall
30give the current or prospective employee who is injured by the
31violation a cause of action against the public utility or cable
32corporation to recover damages proximately caused by the
33violations. Any public utility’s or cable corporation’s request
for
34state summary criminal history information for purposes of
35employing current or prospective employees who may be seeking
36entrance to private residences or adjacent grounds in the course
37of their employment shall be deemed a “compelling need” as
38required to be shown in this subdivision.
39(v) Nothing in this section shall be construed as imposing any
40duty upon public utilities or cable corporations to request state
P8 1summary criminal history information on any current or prospective
2employees.
3(B) For purposes of this paragraph, “cable corporation” means
4any corporation or firm that transmits or provides television,
5computer, or telephone services by cable, digital, fiber optic,
6satellite, or comparable technology to subscribers for a fee.
7(C) Requests for federal level criminal history information
8received by the
Department of Justice from entities authorized
9pursuant to subparagraph (A) shall be forwarded to the Federal
10Bureau of Investigation by the Department of Justice. Federal level
11criminal history information received or compiled by the
12Department of Justice may then be disseminated to the entities
13referenced in subparagraph (A), as authorized by law.
14(D) (i) Authority for a cable corporation to request state or
15federal level criminal history information under this paragraph
16shall commence July 1, 2005.
17(ii) Authority for a public utility to request federal level criminal
18history information under this paragraph shall commence July 1,
192005.
20(11) To any campus of the California State University or the
21University of California, or any four year college or university
22accredited by a regional
accreditation organization approved by
23the United States Department of Education, if needed in
24conjunction with an application for admission by a convicted felon
25to any special education program for convicted felons, including,
26but not limited to, university alternatives and halfway houses. Only
27conviction information shall be furnished. The college or university
28may require the convicted felon to be fingerprinted, and any inquiry
29to the department under this section shall include the convicted
30felon’s fingerprints and any other information specified by the
31department.
32(12) To any foreign government, if requested by the individual
33who is the subject of the record requested, if needed in conjunction
34with the individual’s application to adopt a minor child who is a
35citizen of that foreign nation. Requests for information pursuant
36to this paragraph shall be in accordance with the process described
37in Sections 11122 to 11124, inclusive. The
response shall be
38provided to the foreign government or its designee and to the
39individual who requested the information.
P9 1(d) Whenever an authorized request for state summary criminal
2history information pertains to a person whose fingerprints are on
3file with the Department of Justice and the department has no
4criminal history of that person, and the information is to be used
5for employment, licensing, or certification purposes, the fingerprint
6card accompanying the request for information, if any, may be
7stamped “no criminal record” and returned to the person or entity
8making the request.
9(e) Whenever state summary criminal history information is
10furnished as the result of an application and is to be used for
11employment, licensing, or certification purposes, the Department
12of Justice may charge the person or entity making the request a
13fee that it determines to be sufficient to
reimburse the department
14for the cost of furnishing the information. In addition, the
15Department of Justice may add a surcharge to the fee to fund
16maintenance and improvements to the systems from which the
17information is obtained. Notwithstanding any other law, any person
18or entity required to pay a fee to the department for information
19received under this section may charge the applicant a fee sufficient
20to reimburse the person or entity for this expense. All moneys
21received by the department pursuant to this section, Sections
2211105.3 and 26190, and former Section 13588 of the Education
23Code shall be deposited in a special account in the General Fund
24to be available for expenditure by the department to offset costs
25incurred pursuant to those sections and for maintenance and
26improvements to the systems from which the information is
27obtained upon appropriation by the Legislature.
28(f) Whenever there is a conflict, the processing of criminal
29
fingerprints and fingerprints of applicants for security guard or
30alarm agent registrations or firearms qualification permits
31submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
32of the Business and Professions Code shall take priority over the
33processing of other applicant fingerprints.
34(g) It is not a violation of this section to disseminate statistical
35or research information obtained from a record, provided that the
36identity of the subject of the record is not disclosed.
37(h) It is not a violation of this section to include information
38obtained from a record in (1) a transcript or record of a judicial or
39administrative proceeding or (2) any other public record if the
P10 1inclusion of the information in the public record is authorized by
2a court, statute, or decisional law.
3(i) Notwithstanding any other
law, the Department of Justice
4or any state or local law enforcement agency may require the
5submission of fingerprints for the purpose of conducting summary
6criminal history information checks that are authorized by law.
7(j) The state summary criminal history information shall include
8any finding of mental incompetence pursuant to Chapter 6
9(commencing with Section 1367) of Title 10 of Part 2 arising out
10of a complaint charging a felony offense specified in Section 290.
11(k) (1) This subdivision shall apply whenever state or federal
12summary criminal history information is furnished by the
13Department of Justice as the result of an application by an
14authorized agency or organization and the information is to be
15used for peace officer employment or certification purposes. As
16used in this subdivision, a peace officer is defined in Chapter 4.5
17(commencing with
Section 830) of Title 3 of Part 2.
18(2) Notwithstanding any other provision of law, whenever state
19summary criminal history information is initially furnished
20pursuant to paragraph (1), the Department of Justice shall
21disseminate the following information:
22(A) Every conviction rendered against the applicant.
23(B) Every arrest for an offense for which the applicant is
24presently awaiting trial, whether the applicant is incarcerated or
25has been released on bail or on his or her own recognizance
26pending trial.
27(C) Every arrest or detention, except for an arrest or detention
28resulting in an exoneration, provided, however, that where the
29records of the Department of Justice do not contain a disposition
30for the arrest, the Department of Justice first makes a
genuine effort
31to determine the disposition of the arrest.
32(D) Every successful diversion.
33(E) Every date and agency name associated with all retained
34peace officer or nonsworn law enforcement agency employee
35preemployment criminal offender record information search
36requests.
37(l) (1) This subdivision shall apply whenever state or federal
38summary criminal history information is furnished by the
39Department of Justice as the result of an application by a criminal
40justice agency or organization as defined in Section 13101, and
P11 1the information is to be used for criminal justice employment,
2licensing, or certification purposes.
3(2) Notwithstanding any other provision of law, whenever state
4summary criminal history information is
initially furnished
5pursuant to paragraph (1), the Department of Justice shall
6disseminate the following information:
7(A) Every conviction rendered against the applicant.
8(B) Every arrest for an offense for which the applicant is
9presently awaiting trial, whether the applicant is incarcerated or
10has been released on bail or on his or her own recognizance
11pending trial.
12(C) Every arrest for an offense for which the records of the
13Department of Justice do not contain a disposition or did not result
14in a conviction, provided that the Department of Justice first makes
15a genuine effort to determine the disposition of the arrest. However,
16information concerning an arrest shall not be disclosed if the
17records of the Department of Justice indicate or if the genuine
18effort reveals that the subject was exonerated, successfully
19
completed a diversion or deferred entry of judgment program, or
20the arrest was deemed a detention.
21(D) Every date and agency name associated with all retained
22peace officer or nonsworn law enforcement agency employee
23preemployment criminal offender record information search
24requests.
25(m) (1) This subdivision shall apply whenever state or federal
26summary criminal history information is furnished by the
27Department of Justice as the result of an application by an
28authorized agency or organization pursuant to Section 1522,
291568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
30any statute that incorporates the criteria of any of those sections
31or this subdivision by reference, and the information is to be used
32for employment, licensing, or certification purposes.
33(2) Notwithstanding any
other provision of law, whenever state
34summary criminal history information is initially furnished
35pursuant to paragraph (1), the Department of Justice shall
36disseminate the following information:
37(A) Every conviction of an offense rendered against the
38applicant.
39(B) Every arrest for an offense for which the applicant is
40presently awaiting trial, whether the applicant is incarcerated or
P12 1has been released on bail or on his or her own recognizance
2pending trial.
3(C) Every arrest for an offense for which the Department of
4Social Services is required by paragraph (1) of subdivision (a) of
5Section 1522 of the Health and Safety Code to determine if an
6applicant has been arrested. However, if the records of the
7Department of Justice do not contain a disposition for an arrest,
8the Department of Justice shall first make a
genuine effort to
9determine the disposition of the arrest.
10(3) Notwithstanding the requirements of the sections referenced
11in paragraph (1) of this subdivision, the Department of Justice
12shall not disseminate information about an arrest subsequently
13deemed a detention or an arrest that resulted in either the successful
14completion of a diversion program or exoneration.
15(n) (1) This subdivision shall apply whenever state or federal
16summary criminal history information, to be used for employment,
17licensing, or certification purposes, is furnished by the Department
18of Justice as the result of an application by an authorized agency,
19organization, or individual pursuant to any of the following:
20(A) Paragraph (9) of subdivision (c), when the information is
21to be used by a cable corporation.
22(B) Section 11105.3 or 11105.4.
23(C) Section 15660 of the Welfare and Institutions Code.
24(D) Any statute that incorporates the criteria of any of the
25statutory provisions listed in subparagraph (A), (B), or (C), or of
26this subdivision, by reference.
27(2) With the exception of applications submitted by
28transportation companies authorized pursuant to Section 11105.3,
29and notwithstanding any other provision of law, whenever state
30summary criminal history information is initially furnished
31pursuant to paragraph (1), the Department of Justice shall
32disseminate the following information:
33(A) Every conviction rendered against the applicant for a
34violation or attempted violation of any offense
specified in
35subdivision (a) of Section 15660 of the Welfare and Institutions
36Code. However, with the exception of those offenses for which
37registration is required pursuant to Section 290, the Department
38of Justice shall not disseminate information pursuant to this
39subdivision unless the conviction occurred within 10 years of the
40date of the agency’s request for information or the conviction is
P13 1over 10 years old but the subject of the request was incarcerated
2within 10 years of the agency’s request for information.
3(B) Every arrest for a violation or attempted violation of an
4offense specified in subdivision (a) of Section 15660 of the Welfare
5and Institutions Code for which the applicant is presently awaiting
6trial, whether the applicant is incarcerated or has been released on
7bail or on his or her own recognizance pending trial.
8(o) (1) This subdivision
shall apply whenever state or federal
9summary criminal history information is furnished by the
10Department of Justice as the result of an application by an
11authorized agency or organization pursuant to Section 379 orbegin delete 550end delete
12begin insert 1300end insert of the Financial Code, or any statute that incorporates the
13criteria of either of those sections or this subdivision by reference,
14and the information is to be used for employment, licensing, or
15certification purposes.
16(2) Notwithstanding any other provision of law, whenever state
17summary criminal history information is initially furnished
18pursuant to paragraph (1), the Department of Justice shall
19disseminate the following information:
20(A) Every conviction rendered
against the applicant for a
21violation or attempted violation of any offense specified in Section
22begin delete 550end deletebegin insert 1300end insert of the Financial Code.
23(B) Every arrest for a violation or attempted violation of an
24offense specified in Sectionbegin delete 550end deletebegin insert 1300end insert of the Financial Code for
25which the applicant is presently awaiting trial, whether the
26applicant is incarcerated or has been released on bail or on his or
27her own recognizance pending trial.
28(p) (1) This subdivision shall apply whenever state or federal
29
criminal history information is furnished by the Department of
30Justice as the result of an application by an agency, organization,
31or individual not defined in subdivision (k), (l), (m), (n), or (o), or
32by a transportation company authorized pursuant to Section
3311105.3, or any statute that incorporates the criteria of that section
34or this subdivision by reference, and the information is to be used
35for employment, licensing, or certification purposes.
36(2) Notwithstanding any other provisions of law, whenever state
37summary criminal history information is initially furnished
38pursuant to paragraph (1), the Department of Justice shall
39disseminate the following information:
40(A) Every conviction rendered against the applicant.
P14 1(B) Every arrest for an offense for which the applicant is
2presently awaiting trial, whether the
applicant is incarcerated or
3has been released on bail or on his or her own recognizance
4pending trial.
5(q) All agencies, organizations, or individuals defined in
6subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
7Department of Justice for subsequent notification pursuant to
8Section 11105.2. This subdivision shall not supersede sections that
9mandate an agency, organization, or individual to contract with
10the Department of Justice for subsequent notification pursuant to
11Section 11105.2.
12(r) Nothing in this section shall be construed to mean that the
13Department of Justice shall cease compliance with any other
14statutory notification requirements.
15(s) The provisions of Section 50.12 of Title 28 of the Code of
16Federal Regulations are to be followed in processing federal
17criminal history information.
18(t) Whenever state or federal summary criminal history
19information is furnished by the Department of Justice as the result
20of an application by an authorized agency, organization, or
21individual defined in subdivisions (k) to (p), inclusive, and the
22information is to be used for employment, licensing, or certification
23purposes, the authorized agency, organization, or individual shall
24expeditiously furnish a copy of the information to the person to
25whom the information relates if the information is a basis for an
26adverse employment, licensing, or certification decision. When
27furnished other than in person, the copy shall be delivered to the
28last contact information provided by the applicant.
Section 13300 of the Penal Code is amended to read:
(a) As used in this section:
31(1) “Local summary criminal history information” means the
32master record of information compiled by any local criminal justice
33agency pursuant to Chapter 2 (commencing with Section 13100)
34of Title 3 of Part 4 pertaining to the identification and criminal
35history of any person, such as name, date of birth, physical
36description, dates of arrests, arresting agencies and booking
37numbers, charges, dispositions, and similar data about the person.
38(2) “Local summary criminal history information” does not
39refer to records and data compiled by criminal justice agencies
40other than that local agency, nor does it refer to records of
P15 1complaints to or investigations conducted by, or
records of
2intelligence information or security procedures of, the local agency.
3(3) “Local agency” means a local criminal justice agency.
4(b) A local agency shall furnish local summary criminal history
5information to any of the following, when needed in the course of
6their duties, provided that when information is furnished to assist
7an agency, officer, or official of state or local government, a public
8utility, or any entity, in fulfilling employment, certification, or
9licensing duties, Chapter 1321 of the Statutes of 1974 and Section
10432.7 of the Labor Code shall apply:
11(1) The courts of the state.
12(2) Peace officers of the state, as defined in Section 830.1,
13subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b),
14and (j) of Section 830.3,
and subdivisions (a), (b), and (c) of
15Section 830.5.
16(3) District attorneys of the state.
17(4) Prosecuting city attorneys of any city within the state.
18(5) City attorneys pursuing civil gang injunctions pursuant to
19Section 186.22a, or drug abatement actions pursuant to Section
203479 or 3480 of the Civil Code, or Section 11571 of the Health
21and Safety Code.
22(6) Probation officers of the state.
23(7) Parole officers of the state.
24(8) A public defender or attorney of record when representing
25a person in proceedings upon a petition for a certificate of
26rehabilitation and pardon pursuant to Section 4852.08.
27(9) A public defender or attorney of record when representing
28a person in a criminal case, or a parole, mandatory supervision, or
29postrelease community supervision revocation or revocation
30extension hearing, and when authorized access by statutory or
31decisional law.
32(10) Any agency, officer, or official of the state when the local
33summary criminal history information is required to implement a
34statute, regulation, or ordinance that expressly refers to specific
35criminal conduct applicable to the subject person of the local
36summary criminal history information, and contains requirements
37or exclusions, or both, expressly based upon the specified criminal
38conduct.
39(11) Any city, county, city and county, or district, or any officer
40or official thereof, when access is needed in order to assist the
P16 1agency, officer, or official
in fulfilling employment, certification,
2or licensing duties, and when the access is specifically authorized
3by the city council, board of supervisors, or governing board of
4the city, county, or district when the local summary criminal history
5information is required to implement a statute, regulation, or
6ordinance that expressly refers to specific criminal conduct
7applicable to the subject person of the local summary criminal
8history information, and contains requirements or exclusions, or
9both, expressly based upon the specified criminal conduct.
10(12) The subject of the local summary criminal history
11information.
12(13) Any person or entity when access is expressly authorized
13by statute when the local summary criminal history information
14is required to implement a statute, regulation, or ordinance that
15expressly refers to specific criminal conduct applicable to the
16subject person
of the local summary criminal history information,
17and contains requirements or exclusions, or both, expressly based
18upon the specified criminal conduct.
19(14) Any managing or supervising correctional officer of a
20county jail or other county correctional facility.
21(15) Local child support agencies established by Section 17304
22of the Family Code. When a local child support agency closes a
23support enforcement case containing summary criminal history
24information, the agency shall delete or purge from the file and
25destroy any documents or information concerning or arising from
26offenses for or of which the parent has been arrested, charged, or
27convicted, other than for offenses related to the parents having
28failed to provide support for the minor children, consistent with
29Section 17531 of the Family Code.
30(16) County child
welfare agency personnel who have been
31delegated the authority of county probation officers to access state
32summary criminal information pursuant to Section 272 of the
33Welfare and Institutions Code for the purposes specified in Section
3416504.5 of the Welfare and Institutions Code.
35(17) A humanebegin delete officerend deletebegin insert officer appointedend insert pursuant to Section
3614502 of the Corporationsbegin delete Codeend deletebegin insert Code,end insert for the purposes of
37performing his or her duties. A local agency may charge a
38reasonable fee sufficient to cover the costs of providing information
39pursuant to this paragraph.
P17 1(18) An animal control officer, appointed pursuant to Section
2830.9, for the purposes of performing his or her official duties. A
3local agency may charge a reasonable fee sufficient to cover the
4costs of providing information pursuant to this paragraph.
5(c) The local agency may furnish local summary criminal history
6information, upon a showing of a compelling need, to any of the
7following, provided that when information is furnished to assist
8an agency, officer, or official of state or local government, a public
9utility, or any entity, in fulfilling employment, certification, or
10licensing duties, Chapter 1321 of the Statutes of 1974 and Section
11432.7 of the Labor Code shall apply:
12(1) Any public utility, as defined in Section 216 of the Public
13Utilities Code, which operates a nuclear energy
facility when access
14is needed to assist in employing persons to work at the facility,
15provided that, if the local agency supplies the information, it shall
16furnish a copy of this information to the person to whom the
17information relates.
18(2) To a peace officer of the state other than those included in
19subdivision (b).
20(3) To a peace officer of another country.
21(4) To public officers, other than peace officers, of the United
22States, other states, or possessions or territories of the United
23States, provided that access to records similar to local summary
24criminal history information is expressly authorized by a statute
25of the United States, other states, or possessions or territories of
26the United States when this information is needed for the
27performance of their official duties.
28(5) To any person when disclosure is requested by a probation,
29parole, or peace officer with the consent of the subject of the local
30summary criminal history information and for purposes of
31furthering the rehabilitation of the subject.
32(6) The courts of the United States, other states, or territories
33or possessions of the United States.
34(7) Peace officers of the United States, other states, or territories
35or possessions of the United States.
36(8) To any individual who is the subject of the record requested
37when needed in conjunction with an application to enter the United
38States or any foreign nation.
39(9) Any public utility, as defined in Section 216 of the Public
40Utilities Code, when access
is needed to assist in employing
P18 1persons who will be seeking entrance to private residences in the
2course of their employment. The information provided shall be
3limited to the record of convictions and any arrest for which the
4person is released on bail or on his or her own recognizance
5pending trial.
6If the local agency supplies the information pursuant to this
7paragraph, it shall furnish a copy of the information to the person
8to whom the information relates.
9Any information obtained from the local summary criminal
10history is confidential and the receiving public utility shall not
11disclose its contents, other than for the purpose for which it was
12acquired. The local summary criminal history information in the
13possession of the public utility and all copies made from it shall
14be destroyed 30 days after employment is denied or granted,
15including any appeal periods, except for those cases where an
16employee or applicant is
out on bail or on his or her own
17recognizance pending trial, in which case the state summary
18criminal history information and all copies shall be destroyed 30
19days after the case is resolved, including any appeal periods.
20A violation of any of the provisions of this paragraph is a
21misdemeanor, and shall give the employee or applicant who is
22injured by the violation a cause of action against the public utility
23to recover damages proximately caused by the violation.
24Nothing in this section shall be construed as imposing any duty
25upon public utilities to request local summary criminal history
26information on any current or prospective employee.
27Seeking entrance to private residences in the course of
28employment shall be deemed a “compelling need” as required to
29be shown in this subdivision.
30(10) Any city, county, city and
county, or district, or any officer
31or official thereof, if a written request is made to a local law
32enforcement agency and the information is needed to assist in the
33screening of a prospective concessionaire, and any affiliate or
34associate thereof, as these terms are defined in subdivision (k) of
35Section 432.7 of the Labor Code, for the purposes of consenting
36to, or approving of, the prospective concessionaire’s application
37for, or acquisition of, any beneficial interest in a concession, lease,
38or other property interest.
39Any local government’s request for local summary criminal
40history information for purposes of screening a prospective
P19 1concessionaire and their affiliates or associates before approving
2or denying an application for, or acquisition of, any beneficial
3interest in a concession, lease, or other property interest is deemed
4a “compelling need” as required by this subdivision. However,
5only local summary criminal history information pertaining to
6
criminal convictions may be obtained pursuant to this paragraph.
7Any information obtained from the local summary criminal
8history is confidential and the receiving local government shall
9not disclose its contents, other than for the purpose for which it
10was acquired. The local summary criminal history information in
11the possession of the local government and all copies made from
12it shall be destroyed not more than 30 days after the local
13government’s final decision to grant or deny consent to, or approval
14of, the prospective concessionaire’s application for, or acquisition
15of, a beneficial interest in a concession, lease, or other property
16interest. Nothing in this section shall be construed as imposing
17any duty upon a local government, or any officer or official thereof,
18to request local summary criminal history information on any
19current or prospective concessionaire or their affiliates or
20associates.
21(11) A public agency described in subdivision (b) of Section
2215975 of the Government Code, for the purpose of oversight and
23enforcement policies with respect to its contracted providers.
24(d) Whenever an authorized request for local summary criminal
25history information pertains to a person whose fingerprints are on
26file with the local agency and the local agency has no criminal
27history of that person, and the information is to be used for
28employment, licensing, or certification purposes, the fingerprint
29card accompanying the request for information, if any, may be
30stamped “no criminal record” and returned to the person or entity
31making the request.
32(e) A local agency taking fingerprints of a person who is an
33applicant for licensing, employment, or certification may charge
34a fee to cover the cost of taking the fingerprints and processing
35the required documents.
36(f) Whenever local summary criminal history information
37furnished pursuant to this section is to be used for employment,
38licensing, or certification purposes, the local agency shall charge
39the person or entity making the request a fee which it determines
40to be sufficient to reimburse the local agency for the cost of
P20 1furnishing the information, provided that no fee shall be charged
2to any public law enforcement agency for local summary criminal
3history information furnished to assist it in employing, licensing,
4or certifying a person who is applying for employment with the
5agency as a peace officer or criminal investigator. Any state agency
6required to pay a fee to the local agency for information received
7under this section may charge the applicant a fee sufficient to
8reimburse the agency for the expense.
9(g) Whenever there is a conflict, the processing of criminal
10fingerprints shall
take priority over the processing of applicant
11fingerprints.
12(h) It is not a violation of this article to disseminate statistical
13or research information obtained from a record, provided that the
14identity of the subject of the record is not disclosed.
15(i) It is not a violation of this article to include information
16obtained from a record in (1) a transcript or record of a judicial or
17administrative proceeding or (2) any other public record when the
18inclusion of the information in the public record is authorized by
19a court, statute, or decisional law.
20(j) Notwithstanding any other law, a public prosecutor may, in
21response to a written request made pursuant to Section 6253 of
22the Government Code, provide information from a local summary
23criminal history, if release of the information would enhance public
24safety, the
interest of justice, or the public’s understanding of the
25justice system and the person making the request declares that the
26request is made for a scholarly or journalistic purpose. If a person
27in a declaration required by this subdivision willfully states as true
28any material fact that he or she knows to be false, he or she shall
29be subject to a civil penalty not exceeding ten thousand dollars
30($10,000). The requestor shall be informed in writing of this
31penalty. An action to impose a civil penalty under this subdivision
32may be brought by any public prosecutor and shall be enforced as
33a civil judgment.
34(k) Notwithstanding any other law, the Department of Justice
35or any state or local law enforcement agency may require the
36submission of fingerprints for the purpose of conducting summary
37criminal history information record checks which are authorized
38by law.
39(l) Any local
criminal justice agency may release, within five
40years of the arrest, information concerning an arrest or detention
P21 1of a peace officer or applicant for a position as a peace officer, as
2defined in Section 830, which did not result in conviction, and for
3which the person did not complete a postarrest diversion program
4or a deferred entry of judgment program, to a government agency
5employer of that peace officer or applicant.
6(m) Any local criminal justice agency may release information
7concerning an arrest of a peace officer or applicant for a position
8as a peace officer, as defined in Section 830, which did not result
9in conviction but for which the person completed a postarrest
10diversion program or a deferred entry of judgment program, or
11information concerning a referral to and participation in any
12postarrest diversion program or a deferred entry of judgment
13program to a government agency employer of that peace officer
14or applicant.
15(n) Notwithstanding subdivision (l) or (m), a local criminal
16justice agency shall not release information under the following
17circumstances:
18(1) Information concerning an arrest for which diversion or a
19deferred entry of judgment program has been ordered without
20attempting to determine whether diversion or a deferred entry of
21judgment program has been successfully completed.
22(2) Information concerning an arrest or detention followed by
23a dismissal or release without attempting to determine whether the
24individual was exonerated.
25(3) Information concerning an arrest without a disposition
26without attempting to determine whether diversion has been
27successfully completed or the individual was exonerated.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30a local agency or school district has the authority to levy service
31charges, fees, or assessments sufficient to pay for the program or
32level of service mandated by this act, within the meaning of Section
3317556 of the Government Code.
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