Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1511


Introduced by Assembly Member Beth Gaines

January 14, 2014


An act to amend Sections 11105 and 13300 of the Penal Code, relating to criminal history information.

LEGISLATIVE COUNSEL’S DIGEST

AB 1511, as amended, 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,begin delete such asend deletebegin insert which may includeend insert 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 lawbegin delete requiresend deletebegin insert authorizesend insert thebegin delete departmentend deletebegin insert department, upon a showing of compelling need,end insert to furnish this information in response to a request from certain authorized agencies, organizations, orbegin delete individuals that need the information to fulfill employment, certification, or licensing duties, including in response to a request from a humane officer.end deletebegin insert individuals, including a public utility.end insert

Existing law similarlybegin delete establishes proceduresend deletebegin insert providesend insert for the disclosure of local summary criminal history information by a local criminal justicebegin delete agency for certain purposes, as specified.end deletebegin insert agency, upon a showing of compelling need, to certain authorized agencies, organizations, or individuals.end insert

This bill wouldbegin delete requireend deletebegin insert additionally authorizeend insert the Department of Justice and local criminal justice agencies to provide state and local summary criminal history information to an animal control officerbegin insert employed by a city, county, or city and countyend insert 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:

P2    1

SECTION 1.  

Section 11105 of the Penal Code is amended to
2read:

3

11105.  

(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,
P3    1certification, or licensing duties, Chapter 1321 of the Statutes of
21974 and Section 432.7 of the Labor Code shall apply:

3(1) The courts of the state.

4(2) Peace officers of the state, as defined in Section 830.1,
5subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
6830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
7(a) of Section 830.31.

8(3) District attorneys of the state.

9(4) Prosecuting city attorneys of any city within the state.

10(5) City attorneys pursuing civil gang injunctions pursuant to
11Section 186.22a, or drug abatement actions pursuant to Section
123479 or 3480 of the Civil Code, or Section 11571 of the Health
13and Safety Code.

14(6) Probation officers of the state.

15(7) Parole officers of the state.

16(8) A public defender or attorney of record when representing
17a person in proceedings upon a petition for a certificate of
18 rehabilitation and pardon pursuant to Section 4852.08.

19(9) A public defender or attorney of record when representing
20a person in a criminal case, or a parole, mandatory supervision
21pursuant to paragraph (5) of subdivision (h) of Section 1170, or
22postrelease community supervision revocation or revocation
23extension proceeding, and if authorized access by statutory or
24decisional law.

25(10) Any agency, officer, or official of the state if the criminal
26history information is required to implement a statute or regulation
27that expressly refers to specific criminal conduct applicable to the
28subject person of the state summary criminal history information,
29and contains requirements or exclusions, or both, expressly based
30upon that specified criminal conduct. The agency, officer, or
31official of the state authorized by this paragraph to receive state
32summary criminal history information may also transmit fingerprint
33images and related information to the Department of Justice to be
34transmitted to the Federal Bureau of Investigation.

35(11) Any city or county, city and county, district, or any officer
36or official thereof if access is needed in order to assist that agency,
37officer, or official in fulfilling employment, certification, or
38licensing duties, and if the access is specifically authorized by the
39city council, board of supervisors, or governing board of the city,
40county, or district if the criminal history information is required
P4    1to implement a statute, ordinance, or regulation that expressly
2refers to specific criminal conduct applicable to the subject person
3of the state summary criminal history information, and contains
4requirements or exclusions, or both, expressly based upon that
5specified criminal conduct. The city or county, city and county,
6district, or the officer or official thereof authorized by this
7paragraph may also transmit fingerprint images and related
8information to the Department of Justice to be transmitted to the
9Federal Bureau of Investigation.

10(12) The subject of the state summary criminal history
11information under procedures established under Article 5
12(commencing with Section 11120).

13(13) Any person or entity when access is expressly authorized
14by statute if the criminal history information is required to
15implement a statute or regulation that expressly refers to specific
16criminal conduct applicable to the subject person of the state
17summary criminal history information, and contains requirements
18or exclusions, or both, expressly based upon that specified criminal
19conduct.

20(14) Health officers of a city, county, city and county, or district
21when in the performance of their official duties enforcing Section
22120175 of the Health and Safety Code.

23(15) Any managing or supervising correctional officer of a
24county jail or other county correctional facility.

25(16) Any humane society, or society for the prevention of cruelty
26to animals, for the specific purpose of complying with Section
2714502 of the Corporations Code for the appointment of humane
28officers.

29(17) Local child support agencies established by Section 17304
30of the Family Code. When a local child support agency closes a
31support enforcement case containing summary criminal history
32information, the agency shall delete or purge from the file and
33destroy any documents or information concerning or arising from
34offenses for or of which the parent has been arrested, charged, or
35convicted, other than for offenses related to the parent’s having
36failed to provide support for minor children, consistent with the
37requirements of Section 17531 of the Family Code.

38(18) County child welfare agency personnel who have been
39delegated the authority of county probation officers to access state
40summary criminal history information pursuant to Section 272 of
P5    1the Welfare and Institutions Code for the purposes specified in
2Section 16504.5 of the Welfare and Institutions Code. Information
3from criminal history records provided pursuant to this subdivision
4shall not be used for any purposes other than those specified in
5this section and Section 16504.5 of the Welfare and Institutions
6Code. When an agency obtains records obtained both on the basis
7of name checks and fingerprint checks, final placement decisions
8shall be based only on the records obtained pursuant to the
9fingerprint check.

10(19) The court of a tribe, or court of a consortium of tribes, that
11has entered into an agreement with the state pursuant to Section
1210553.1 of the Welfare and Institutions Code. This information
13may be used only for the purposes specified in Section 16504.5
14of the Welfare and Institutions Code and for tribal approval or
15tribal licensing of foster care or adoptive homes. Article 6
16(commencing with Section 11140) shall apply to officers, members,
17and employees of a tribal court receiving criminal record offender
18information pursuant to this section.

19(20) Child welfare agency personnel of a tribe or consortium
20of tribes that has entered into an agreement with the state pursuant
21to Section 10553.1 of the Welfare and Institutions Code and to
22whom the state has delegated duties under paragraph (2) of
23subdivision (a) of Section 272 of the Welfare and Institutions Code.
24The purposes for use of the information shall be for the purposes
25specified in Section 16504.5 of the Welfare and Institutions Code
26and for tribal approval or tribal licensing of foster care or adoptive
27homes. When an agency obtains records on the basis of name
28checks and fingerprint checks, final placement decisions shall be
29based only on the records obtained pursuant to the fingerprint
30check. Article 6 (commencing with Section 11140) shall apply to
31child welfare agency personnel receiving criminal record offender
32information pursuant to this section.

33(21) An officer providing conservatorship investigations
34pursuant to Sections 5351, 5354, and 5356 of the Welfare and
35Institutions Code.

36(22) A court investigator providing investigations or reviews
37in conservatorships pursuant to Section 1826, 1850, 1851, or
382250.6 of the Probate Code.

39(23) A person authorized to conduct a guardianship investigation
40pursuant to Section 1513 of the Probate Code.

P6    1(24) A humane officer appointed pursuant to Section 14502 of
2the Corporations Codebegin delete ofend delete for the purposes of performing his or
3her duties.

4(25) A public agency described in subdivision (b) of Section
515975 of the Government Code, for the purpose of oversight and
6enforcement policies with respect to its contracted providers.

begin delete

7(26) An animal control officer, appointed pursuant to Section
8830.9, for purposes of performing his or her official duties.

end delete

9(c) The Attorney General may furnish state summary criminal
10history information and, when specifically authorized by this
11subdivision, federal level criminal history informationbegin insert,end insert upon a
12showing of a compelling need to any of the following, provided
13that when information is furnished to assist an agency, officer, or
14official of state or local government, a public utility, or any other
15entity in fulfilling employment, certification, or licensing duties,
16Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
17Labor Code shall apply:

18(1) Any public utility, as defined in Section 216 of the Public
19Utilities Code, that operates a nuclear energy facility when access
20is needed in order to assist in employing persons to work at the
21 facility, provided that, if the Attorney General supplies the data,
22he or she shall furnish a copy of the data to the person to whom
23the data relates.

24(2) To a peace officer of the state other than those included in
25subdivision (b).

26(3) To an illegal dumping enforcement officer as defined in
27subdivision (j) of Section 830.7.

begin insert

28(4) To an animal control officer employed by a city, county, or
29city and county, for purposes of performing his or her official
30duties.

end insert
begin delete

31(4)

end delete

32begin insert(end insertbegin insert5)end insert To a peace officer of another country.

begin delete

33(5)

end delete

34begin insert(end insertbegin insert6)end insert To public officers, other than peace officers, of the United
35States, other states, or possessions or territories of the United
36States, provided that access to records similar to state summary
37criminal history information is expressly authorized by a statute
38of the United States, other states, or possessions or territories of
39the United States if the information is needed for the performance
40of their official duties.

begin delete

P7    1(6)

end delete

2begin insert(end insertbegin insert7)end insert To any person when disclosure is requested by a probation,
3parole, or peace officer with the consent of the subject of the state
4summary criminal history information and for purposes of
5furthering the rehabilitation of the subject.

begin delete

6(7)

end delete

7begin insert(end insertbegin insert8)end insert The courts of the United States, other states, or territories
8or possessions of the United States.

begin delete

9(8)

end delete

10begin insert(end insertbegin insert9)end insert Peace officers of the United States, other states, or territories
11or possessions of the United States.

begin delete

12(9)

end delete

13begin insert(10)end insert To any individual who is the subject of the record requested
14if needed in conjunction with an application to enter the United
15States or any foreign nation.

begin delete

16(10)

end delete

17begin insert(1end insertbegin insert1)end insert (A) (i) Any public utility, as defined in Section 216 of the
18Public Utilities Code, or any cable corporation as defined in
19subparagraph (B), if receipt of criminal history information is
20needed in order to assist in employing current or prospective
21employees, contract employees, or subcontract employees who,
22in the course of their employment may be seeking entrance to
23private residences or adjacent grounds. The information provided
24shall be limited to the record of convictions and any arrest for
25which the person is released on bail or on his or her own
26recognizance pending trial.

27(ii) If the Attorney General supplies the data pursuant to this
28paragraph, the Attorney General shall furnish a copy of the data
29to the current or prospective employee to whom the data relates.

30(iii) Any information obtained from the state summary criminal
31history is confidential and the receiving public utility or cable
32corporation shall not disclose its contents, other than for the
33purpose for which it was acquired. The state summary criminal
34history information in the possession of the public utility or cable
35corporation and all copies made from it shall be destroyed not
36more than 30 days after employment or promotion or transfer is
37denied or granted, except for those cases where a current or
38prospective employee is out on bail or on his or her own
39recognizance pending trial, in which case the state summary
P8    1criminal history information and all copies shall be destroyed not
2more than 30 days after the case is resolved.

3(iv) A violation of this paragraph is a misdemeanor, and shall
4give the current or prospective employee who is injured by the
5violation a cause of action against the public utility or cable
6corporation to recover damages proximately caused by the
7violations. Any public utility’s or cable corporation’s request for
8state summary criminal history information for purposes of
9employing current or prospective employees who may be seeking
10entrance to private residences or adjacent grounds in the course
11of their employment shall be deemed a “compelling need” as
12required to be shown in this subdivision.

13(v) Nothing in this section shall be construed as imposing any
14duty upon public utilities or cable corporations to request state
15summary criminal history information on any current or prospective
16employees.

17(B) For purposes of this paragraph, “cable corporation” means
18any corporation or firm that transmits or provides television,
19computer, or telephone services by cable, digital, fiber optic,
20satellite, or comparable technology to subscribers for a fee.

21(C) Requests for federal level criminal history information
22received by the Department of Justice from entities authorized
23pursuant to subparagraph (A) shall be forwarded to the Federal
24Bureau of Investigation by the Department of Justice. Federal level
25criminal history information received or compiled by the
26Department of Justice may then be disseminated to the entities
27referenced in subparagraph (A), as authorized by law.

28(D) (i) Authority for a cable corporation to request state or
29federal level criminal history information under this paragraph
30shall commence July 1, 2005.

31(ii) Authority for a public utility to request federal level criminal
32history information under this paragraph shall commence July 1,
332005.

begin delete

34(11)

end delete

35begin insert(1end insertbegin insert2)end insert To any campus of the California State University or the
36University of California, or any four year college or university
37accredited by a regional accreditation organization approved by
38the United States Department of Education, if needed in
39conjunction with an application for admission by a convicted felon
40to any special education program for convicted felons, including,
P9    1but not limited to, university alternatives and halfway houses. Only
2conviction information shall be furnished. The college or university
3may require the convicted felon to be fingerprinted, and any inquiry
4to the department under this section shall include the convicted
5felon’s fingerprints and any other information specified by the
6department.

begin delete

7(12)

end delete

8begin insert(1end insertbegin insert3)end insert To any foreign government, if requested by the individual
9who is the subject of the record requested, if needed in conjunction
10with the individual’s application to adopt a minor child who is a
11citizen of that foreign nation. Requests for information pursuant
12to this paragraph shall be in accordance with the process described
13in Sections 11122 to 11124, inclusive. The response shall be
14provided to the foreign government or its designee and to the
15individual who requested the information.

16(d) Whenever an authorized request for state summary criminal
17history information pertains to a person whose fingerprints are on
18file with the Department of Justice and the department has no
19criminal history of that person, and the information is to be used
20for employment, licensing, or certification purposes, the fingerprint
21card accompanying the request for information, if any, may be
22stamped “no criminal record” and returned to the person or entity
23making the request.

24(e) Whenever state summary criminal history information is
25furnished as the result of an application and is to be used for
26employment, licensing, or certification purposes, the Department
27of Justice may charge the person or entity making the request a
28fee that it determines to be sufficient to reimburse the department
29for the cost of furnishing the information. In addition, the
30Department of Justice may add a surcharge to the fee to fund
31maintenance and improvements to the systems from which the
32information is obtained. Notwithstanding any other law, any person
33or entity required to pay a fee to the department for information
34received under this section may charge the applicant a fee sufficient
35to reimburse the person or entity for this expense. All moneys
36received by the department pursuant to this section, Sections
3711105.3 and 26190, and former Section 13588 of the Education
38Code shall be deposited in a special account in the General Fund
39to be available for expenditure by the department to offset costs
40incurred pursuant to those sections and for maintenance and
P10   1improvements to the systems from which the information is
2obtained upon appropriation by the Legislature.

3(f) Whenever there is a conflict, the processing of criminal
4 fingerprints and fingerprints of applicants for security guard or
5alarm agent registrations or firearms qualification permits
6submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
7of the Business and Professions Code shall take priority over the
8processing of other applicant fingerprints.

9(g) It is not a violation of this section to disseminate statistical
10or research information obtained from a record, provided that the
11identity of the subject of the record is not disclosed.

12(h) It is not a violation of this section to include information
13obtained from a record in (1) a transcript or record of a judicial or
14administrative proceeding or (2) any other public record if the
15inclusion of the information in the public record is authorized by
16a court, statute, or decisional law.

17(i) Notwithstanding any other law, the Department of Justice
18or any state or local law enforcement agency may require the
19submission of fingerprints for the purpose of conducting summary
20criminal history information checks that are authorized by law.

21(j) The state summary criminal history information shall include
22any finding of mental incompetence pursuant to Chapter 6
23(commencing with Section 1367) of Title 10 of Part 2 arising out
24of a complaint charging a felony offense specified in Section 290.

25(k) (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 and the information is to be
29used for peace officer employment or certification purposes. As
30used in this subdivision, a peace officer is defined in Chapter 4.5
31(commencing with Section 830) of Title 3 of Part 2.

32(2) Notwithstanding any other provision of law, whenever state
33summary criminal history information is initially furnished
34pursuant to paragraph (1), the Department of Justice shall
35disseminate the following information:

36(A) Every conviction rendered against the applicant.

37(B) Every arrest for an offense for which the applicant is
38presently awaiting trial, whether the applicant is incarcerated or
39has been released on bail or on his or her own recognizance
40pending trial.

P11   1(C) Every arrest or detention, except for an arrest or detention
2resulting in an exoneration, provided, however, that where the
3records of the Department of Justice do not contain a disposition
4for the arrest, the Department of Justice first makes a genuine effort
5to determine the disposition of the arrest.

6(D) Every successful diversion.

7(E) Every date and agency name associated with all retained
8peace officer or nonsworn law enforcement agency employee
9preemployment criminal offender record information search
10requests.

11(l) (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 a criminal
14justice agency or organization as defined in Section 13101, and
15the information is to be used for criminal justice employment,
16licensing, or certification purposes.

17(2) Notwithstanding any other provision of law, whenever state
18summary criminal history information is initially furnished
19pursuant to paragraph (1), the Department of Justice shall
20disseminate the following information:

21(A) Every conviction rendered against the applicant.

22(B) Every arrest for an offense for which the applicant is
23presently awaiting trial, whether the applicant is incarcerated or
24has been released on bail or on his or her own recognizance
25pending trial.

26(C) Every arrest for an offense for which the records of the
27Department of Justice do not contain a disposition or did not result
28in a conviction, provided that the Department of Justice first makes
29a genuine effort to determine the disposition of the arrest. However,
30information concerning an arrest shall not be disclosed if the
31records of the Department of Justice indicate or if the genuine
32effort reveals that the subject was exonerated, successfully
33 completed a diversion or deferred entry of judgment program, or
34the arrest was deemed a detention.

35(D) Every date and agency name associated with all retained
36peace officer or nonsworn law enforcement agency employee
37preemployment criminal offender record information search
38requests.

39(m) (1) This subdivision shall apply whenever state or federal
40summary criminal history information is furnished by the
P12   1Department of Justice as the result of an application by an
2authorized agency or organization pursuant to Section 1522,
31568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
4any statute that incorporates the criteria of any of those sections
5or this subdivision by reference, and the information is to be used
6for employment, licensing, or certification purposes.

7(2) Notwithstanding any other provision of law, whenever state
8summary criminal history information is initially furnished
9pursuant to paragraph (1), the Department of Justice shall
10disseminate the following information:

11(A) Every conviction of an offense rendered against the
12applicant.

13(B) Every arrest for an offense for which the applicant is
14presently awaiting trial, whether the applicant is incarcerated or
15has been released on bail or on his or her own recognizance
16pending trial.

17(C) Every arrest for an offense for which the Department of
18Social Services is required by paragraph (1) of subdivision (a) of
19Section 1522 of the Health and Safety Code to determine if an
20applicant has been arrested. However, if the records of the
21Department of Justice do not contain a disposition for an arrest,
22the Department of Justice shall first make a genuine effort to
23determine the disposition of the arrest.

24(3) Notwithstanding the requirements of the sections referenced
25in paragraph (1) of this subdivision, the Department of Justice
26shall not disseminate information about an arrest subsequently
27deemed a detention or an arrest that resulted in either the successful
28completion of a diversion program or exoneration.

29(n) (1) This subdivision shall apply whenever state or federal
30summary criminal history information, to be used for employment,
31licensing, or certification purposes, is furnished by the Department
32of Justice as the result of an application by an authorized agency,
33organization, or individual pursuant to any of the following:

34(A) Paragraphbegin delete (9)end deletebegin insert (11)end insert of subdivision (c), when the information
35is to be used by a cable corporation.

36(B) Section 11105.3 or 11105.4.

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

38(D) Any statute that incorporates the criteria of any of the
39statutory provisions listed in subparagraph (A), (B), or (C), or of
40this subdivision, by reference.

P13   1(2) With the exception of applications submitted by
2transportation companies authorized pursuant to Section 11105.3,
3and 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 for a
8violation or attempted violation of any offense specified in
9subdivision (a) of Section 15660 of the Welfare and Institutions
10Code. However, with the exception of those offenses for which
11registration is required pursuant to Section 290, the Department
12of Justice shall not disseminate information pursuant to this
13subdivision unless the conviction occurred within 10 years of the
14date of the agency’s request for information or the conviction is
15over 10 years old but the subject of the request was incarcerated
16within 10 years of the agency’s request for information.

17(B) Every arrest for a violation or attempted violation of an
18offense specified in subdivision (a) of Section 15660 of the Welfare
19and Institutions Code for which the applicant is presently awaiting
20trial, whether the applicant is incarcerated or has been released on
21bail or on his or her own recognizance pending trial.

22(o) (1) This subdivision shall apply whenever state or federal
23summary criminal history information is furnished by the
24Department of Justice as the result of an application by an
25authorized agency or organization pursuant to Section 379 or 1300
26of the Financial Code, or any statute that incorporates the criteria
27of either of those sections or this subdivision by reference, and the
28information is to be used for employment, licensing, or certification
29purposes.

30(2) Notwithstanding any other provision of law, whenever state
31summary criminal history information is initially furnished
32pursuant to paragraph (1), the Department of Justice shall
33disseminate the following information:

34(A) Every conviction rendered against the applicant for a
35violation or attempted violation of any offense specified in Section
361300 of the Financial Code.

37(B) Every arrest for a violation or attempted violation of an
38offense specified in Section 1300 of the Financial Code for which
39the applicant is presently awaiting trial, whether the applicant is
P14   1incarcerated or has been released on bail or on his or her own
2recognizance pending trial.

3(p) (1) This subdivision shall apply whenever state or federal
4 criminal history information is furnished by the Department of
5Justice as the result of an application by an agency, organization,
6or individual not defined in subdivision (k), (l), (m), (n), or (o), or
7by a transportation company authorized pursuant to Section
811105.3, or any statute that incorporates the criteria of that section
9or this subdivision by reference, and the information is to be used
10for employment, licensing, or certification purposes.

11(2) Notwithstanding any other provisions of law, whenever state
12summary criminal history information is initially furnished
13pursuant to paragraph (1), the Department of Justice shall
14disseminate the following information:

15(A) Every conviction rendered against the applicant.

16(B) Every arrest for an offense for which the applicant is
17presently awaiting trial, whether the applicant is incarcerated or
18has been released on bail or on his or her own recognizance
19pending trial.

20(q) All agencies, organizations, or individuals defined in
21subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
22Department of Justice for subsequent notification pursuant to
23Section 11105.2. This subdivision shall not supersede sections that
24mandate an agency, organization, or individual to contract with
25the Department of Justice for subsequent notification pursuant to
26Section 11105.2.

27(r) Nothing in this section shall be construed to mean that the
28Department of Justice shall cease compliance with any other
29statutory notification requirements.

30(s) The provisions of Section 50.12 of Title 28 of the Code of
31Federal Regulations are to be followed in processing federal
32criminal history information.

33(t) Whenever state or federal summary criminal history
34information is furnished by the Department of Justice as the result
35of an application by an authorized agency, organization, or
36individual defined in subdivisions (k) to (p), inclusive, and the
37information is to be used for employment, licensing, or certification
38purposes, the authorized agency, organization, or individual shall
39expeditiously furnish a copy of the information to the person to
40whom the information relates if the information is a basis for an
P15   1adverse employment, licensing, or certification decision. When
2furnished other than in person, the copy shall be delivered to the
3last contact information provided by the applicant.

4

SEC. 2.  

Section 13300 of the Penal Code is amended to read:

5

13300.  

(a) As used in this section:

6(1) “Local summary criminal history information” means the
7master record of information compiled by any local criminal justice
8agency pursuant to Chapter 2 (commencing with Section 13100)
9of Title 3 of Part 4 pertaining to the identification and criminal
10history of any person, such as name, date of birth, physical
11description, dates of arrests, arresting agencies and booking
12numbers, charges, dispositions, and similar data about the person.

13(2) “Local summary criminal history information” does not
14refer to records and data compiled by criminal justice agencies
15other than that local agency, nor does it refer to records of
16complaints to or investigations conducted by, or records of
17intelligence information or security procedures of, the local agency.

18(3) “Local agency” means a local criminal justice agency.

19(b) A local agency shall furnish local summary criminal history
20information to any of the following, when needed in the course of
21their duties, provided that when information is furnished to assist
22an agency, officer, or official of state or local government, a public
23utility, or any entity, in fulfilling employment, certification, or
24licensing duties, Chapter 1321 of the Statutes of 1974 and Section
25432.7 of the Labor Code shall apply:

26(1) The courts of the state.

27(2) Peace officers of the state, as defined in Section 830.1,
28subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b),
29and (j) of Section 830.3, and subdivisions (a), (b), and (c) of
30Section 830.5.

31(3) District attorneys of the state.

32(4) Prosecuting city attorneys of any city within the state.

33(5) City attorneys pursuing civil gang injunctions pursuant to
34Section 186.22a, or drug abatement actions pursuant to Section
353479 or 3480 of the Civil Code, or Section 11571 of the Health
36and Safety Code.

37(6) Probation officers of the state.

38(7) Parole officers of the state.

P16   1(8) A public defender or attorney of record when representing
2a person in proceedings upon a petition for a certificate of
3rehabilitation and pardon pursuant to Section 4852.08.

4(9) A public defender or attorney of record when representing
5a person in a criminal case, or a parole, mandatory supervision, or
6postrelease community supervision revocation or revocation
7extension hearing, and when authorized access by statutory or
8decisional law.

9(10) Any agency, officer, or official of the state when the local
10summary criminal history information is required to implement a
11statute, regulation, or ordinance that expressly refers to specific
12criminal conduct applicable to the subject person of the local
13summary criminal history information, and contains requirements
14 or exclusions, or both, expressly based upon the specified criminal
15conduct.

16(11) Any city, county, city and county, or district, or any officer
17or official thereof, when access is needed in order to assist the
18agency, officer, or official in fulfilling employment, certification,
19or licensing duties, and when the access is specifically authorized
20by the city council, board of supervisors, or governing board of
21the city, county, or district when the local summary criminal history
22information is required to implement a statute, regulation, or
23ordinance that expressly refers to specific criminal conduct
24applicable to the subject person of the local summary criminal
25history information, and contains requirements or exclusions, or
26both, expressly based upon the specified criminal conduct.

27(12) The subject of the local summary criminal history
28information.

29(13) Any person or entity when access is expressly authorized
30by statute when the local summary criminal history information
31is required to implement a statute, regulation, or ordinance that
32expressly refers to specific criminal conduct applicable to the
33subject person of the local summary criminal history information,
34and contains requirements or exclusions, or both, expressly based
35upon the specified criminal conduct.

36(14) Any managing or supervising correctional officer of a
37county jail or other county correctional facility.

38(15) Local child support agencies established by Section 17304
39of the Family Code. When a local child support agency closes a
40support enforcement case containing summary criminal history
P17   1information, the agency shall delete or purge from the file and
2destroy any documents or information concerning or arising from
3offenses for or of which the parent has been arrested, charged, or
4convicted, other than for offenses related to the parents having
5failed to provide support for the minor children, consistent with
6Section 17531 of the Family Code.

7(16) County child welfare agency personnel who have been
8delegated the authority of county probation officers to access state
9summary criminal information pursuant to Section 272 of the
10Welfare and Institutions Code for the purposes specified in Section
1116504.5 of the Welfare and Institutions Code.

12(17) A humane officer appointed pursuant to Section 14502 of
13the Corporations Code, for the purposes of performing his or her
14duties. A local agency may charge a reasonable fee sufficient to
15cover the costs of providing information pursuant to this paragraph.

begin delete

16(18) An animal control officer, appointed pursuant to Section
17830.9, for the purposes of performing his or her official duties. A
18local agency may charge a reasonable fee sufficient to cover the
19costs of providing information pursuant to this paragraph.

end delete

20(c) The local agency may furnish local summary criminal history
21information, upon a showing of a compelling need, to any of the
22following, provided that when information is furnished to assist
23an agency, officer, or official of state or local government, a public
24utility, or any entity, in fulfilling employment, certification, or
25licensing duties, Chapter 1321 of the Statutes of 1974 and Section
26432.7 of the Labor Code shall apply:

27(1) Any public utility, as defined in Section 216 of the Public
28Utilities Code, which operates a nuclear energy facility when access
29is needed to assist in employing persons to work at the facility,
30provided that, if the local agency supplies the information, it shall
31furnish a copy of this information to the person to whom the
32information relates.

33(2) To a peace officer of the state other than those included in
34subdivision (b).

begin insert

35(3) An animal control officer employed by a city, county, or city
36and county, for the purposes of performing his or her official
37duties. A local agency may charge a reasonable fee sufficient to
38cover the costs of providing information pursuant to this
39paragraph.

end insert
begin delete

40(3)

end delete

P18   1begin insert(end insertbegin insert4)end insert To a peace officer of another country.

begin delete

2(4)

end delete

3begin insert(end insertbegin insert5)end insert To public officers, other than peace officers, of the United
4States, other states, or possessions or territories of the United
5States, provided that access to records similar to local summary
6criminal history information is expressly authorized by a statute
7of the United States, other states, or possessions or territories of
8the United States when this information is needed for the
9performance of their official duties.

begin delete

10(5)

end delete

11begin insert(end insertbegin insert6)end insert To any person when disclosure is requested by a probation,
12parole, or peace officer with the consent of the subject of the local
13summary criminal history information and for purposes of
14furthering the rehabilitation of the subject.

begin delete

15(6)

end delete

16begin insert(end insertbegin insert7)end insert The courts of the United States, other states, or territories
17or possessions of the United States.

begin delete

18(7)

end delete

19begin insert(end insertbegin insert8)end insert Peace officers of the United States, other states, or territories
20or possessions of the United States.

begin delete

21(8)

end delete

22begin insert(end insertbegin insert9)end insert To any individual who is the subject of the record requested
23when needed in conjunction with an application to enter the United
24States or any foreign nation.

begin delete

25(9)

end delete

26begin insert(10)end insert Any public utility, as defined in Section 216 of the Public
27Utilities Code, when access is needed to assist in employing
28persons who will be seeking entrance to private residences in the
29course of their employment. The information provided shall be
30limited to the record of convictions and any arrest for which the
31person is released on bail or on his or her own recognizance
32pending trial.

33If the local agency supplies the information pursuant to this
34paragraph, it shall furnish a copy of the information to the person
35to whom the information relates.

36Any information obtained from the local summary criminal
37history is confidential and the receiving public utility shall not
38disclose its contents, other than for the purpose for which it was
39acquired. The local summary criminal history information in the
40possession of the public utility and all copies made from it shall
P19   1be destroyed 30 days after employment is denied or granted,
2including any appeal periods, except for those cases where an
3employee or applicant is out on bail or on his or her own
4recognizance pending trial, in which case the state summary
5criminal history information and all copies shall be destroyed 30
6days after the case is resolved, including any appeal periods.

7A violation of any of the provisions of this paragraph is a
8misdemeanor, and shall give the employee or applicant who is
9injured by the violation a cause of action against the public utility
10to recover damages proximately caused by the violation.

11Nothing in this section shall be construed as imposing any duty
12upon public utilities to request local summary criminal history
13information on any current or prospective employee.

14Seeking entrance to private residences in the course of
15employment shall be deemed a “compelling need” as required to
16be shown in this subdivision.

begin delete

17(10)

end delete

18begin insert(1end insertbegin insert1)end insert Any city, county, city and county, or district, or any officer
19or official thereof, if a written request is made to a local law
20enforcement agency and the information is needed to assist in the
21screening of a prospective concessionaire, and any affiliate or
22associate thereof, as these terms are defined in subdivision (k) of
23Section 432.7 of the Labor Code, for the purposes of consenting
24to, or approving of, the prospective concessionaire’s application
25for, or acquisition of, any beneficial interest in a concession, lease,
26or other property interest.

27Any local government’s request for local summary criminal
28history information for purposes of screening a prospective
29concessionaire and their affiliates or associates before approving
30or denying an application for, or acquisition of, any beneficial
31interest in a concession, lease, or other property interest is deemed
32a “compelling need” as required by this subdivision. However,
33only local summary criminal history information pertaining to
34 criminal convictions may be obtained pursuant to this paragraph.

35Any information obtained from the local summary criminal
36history is confidential and the receiving local government shall
37not disclose its contents, other than for the purpose for which it
38was acquired. The local summary criminal history information in
39the possession of the local government and all copies made from
40it shall be destroyed not more than 30 days after the local
P20   1government’s final decision to grant or deny consent to, or approval
2of, the prospective concessionaire’s application for, or acquisition
3of, a beneficial interest in a concession, lease, or other property
4interest. Nothing in this section shall be construed as imposing
5any duty upon a local government, or any officer or official thereof,
6to request local summary criminal history information on any
7current or prospective concessionaire or their affiliates or
8associates.

begin delete

9(11)

end delete

10begin insert(1end insertbegin insert2)end insert A public agency described in subdivision (b) of Section
1115975 of the Government Code, for the purpose of oversight and
12enforcement policies with respect to its contracted providers.

13(d) Whenever an authorized request for local summary criminal
14history information pertains to a person whose fingerprints are on
15file with the local agency and the local agency has no criminal
16history of that person, and the information is to be used for
17employment, licensing, or certification purposes, the fingerprint
18card accompanying the request for information, if any, may be
19stamped “no criminal record” and returned to the person or entity
20making the request.

21(e) A local agency taking fingerprints of a person who is an
22applicant for licensing, employment, or certification may charge
23a fee to cover the cost of taking the fingerprints and processing
24the required documents.

25(f) Whenever local summary criminal history information
26furnished pursuant to this section is to be used for employment,
27licensing, or certification purposes, the local agency shall charge
28the person or entity making the request a fee which it determines
29to be sufficient to reimburse the local agency for the cost of
30furnishing the information, provided that no fee shall be charged
31to any public law enforcement agency for local summary criminal
32history information furnished to assist it in employing, licensing,
33or certifying a person who is applying for employment with the
34agency as a peace officer or criminal investigator. Any state agency
35required to pay a fee to the local agency for information received
36under this section may charge the applicant a fee sufficient to
37reimburse the agency for the expense.

38(g) Whenever there is a conflict, the processing of criminal
39fingerprints shall take priority over the processing of applicant
40fingerprints.

P21   1(h) It is not a violation of this article to disseminate statistical
2or research information obtained from a record, provided that the
3identity of the subject of the record is not disclosed.

4(i) It is not a violation of this article to include information
5obtained from a record in (1) a transcript or record of a judicial or
6administrative proceeding or (2) any other public record when the
7inclusion of the information in the public record is authorized by
8a court, statute, or decisional law.

9(j) Notwithstanding any other law, a public prosecutor may, in
10response to a written request made pursuant to Section 6253 of
11the Government Code, provide information from a local summary
12criminal history, if release of the information would enhance public
13safety, the interest of justice, or the public’s understanding of the
14justice system and the person making the request declares that the
15request is made for a scholarly or journalistic purpose. If a person
16in a declaration required by this subdivision willfully states as true
17any material fact that he or she knows to be false, he or she shall
18be subject to a civil penalty not exceeding ten thousand dollars
19($10,000). The requestor shall be informed in writing of this
20penalty. An action to impose a civil penalty under this subdivision
21may be brought by any public prosecutor and shall be enforced as
22a civil judgment.

23(k) Notwithstanding any other law, the Department of Justice
24or any state or local law enforcement agency may require the
25submission of fingerprints for the purpose of conducting summary
26criminal history information record checks which are authorized
27by law.

28(l) Any local criminal justice agency may release, within five
29years of the arrest, information concerning an arrest or detention
30of a peace officer or applicant for a position as a peace officer, as
31defined in Section 830, which did not result in conviction, and for
32which the person did not complete a postarrest diversion program
33or a deferred entry of judgment program, to a government agency
34employer of that peace officer or applicant.

35(m) Any local criminal justice agency may release information
36concerning an arrest of a peace officer or applicant for a position
37as a peace officer, as defined in Section 830, which did not result
38in conviction but for which the person completed a postarrest
39diversion program or a deferred entry of judgment program, or
40information concerning a referral to and participation in any
P22   1postarrest diversion program or a deferred entry of judgment
2program to a government agency employer of that peace officer
3or applicant.

4(n) Notwithstanding subdivision (l) or (m), a local criminal
5justice agency shall not release information under the following
6circumstances:

7(1) Information concerning an arrest for which diversion or a
8deferred entry of judgment program has been ordered without
9attempting to determine whether diversion or a deferred entry of
10judgment program has been successfully completed.

11(2) Information concerning an arrest or detention followed by
12a dismissal or release without attempting to determine whether the
13individual was exonerated.

14(3) Information concerning an arrest without a disposition
15without attempting to determine whether diversion has been
16successfully completed or the individual was exonerated.

17

SEC. 3.  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19a local agency or school district has the authority to levy service
20charges, fees, or assessments sufficient to pay for the program or
21level of service mandated by this act, within the meaning of Section
2217556 of the Government Code.



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