Amended in Senate June 19, 2014

Amended in Senate June 3, 2014

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 Section 13300 of, and to add Section 11105.07 to, 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, which may include 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 authorizes the department, upon a showing of compelling need, to furnish this information in response to a request from certain authorized agencies, organizations, or individuals, including a public utility.

Existing law similarly provides for the disclosure of local summary criminal history information by a local criminal justice agency, upon a showing of compelling need, to certain authorized agencies, organizations, or individuals.

Existing law makes it a misdemeanor for a person authorized by law to receive state summary criminal history information to knowingly furnish it to a person not authorized by law to receive it.

begin insert

This bill would authorize an animal control officer, when necessary for the performance of his or her official duties, to obtain state summary criminal history information from a criminal justice agency. The bill would require the criminal justice agency, upon a showing of compelling need, to provide the animal control officer with information obtained from the California Law Enforcement Telecommunication Systems (CLETS). The bill would require the criminal justice agency to provide this information to the animal control officer in a timely manner and would permit the criminal justice agency to charge a reasonable fee sufficient to cover the costs of providing that information. The bill would prohibit an animal control officer who receives that information from using it for any purpose other than the performance of his or her official duties. By requiring local criminal justice agencies to provide this information and by expanding the scope of a crime, the bill would impose a state-mandated local program.

end insert

This bill wouldbegin delete additionallyend deletebegin insert alsoend insert authorizebegin delete the Department of Justice andend delete local criminal justice agencies to providebegin delete state andend delete local summary criminal history information to an animal control officer for the purposes of performing his or her official duties.begin delete The bill would require the Department of Justice to provide this information to the animal control officer in a timely manner and would prohibit an animal control officer who receives that information from using it for any purpose other than the performance of his or her official duties.end delete 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 and by expanding the scope of a crime, 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 specified reasons.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 11105.07 is added to the Penal Code, to
2read:

begin delete
3

11105.07.  

(a) Subject to the requirements and conditions set
4forth in Section 11105, the Attorney General may furnish state
5summary criminal history information, as defined in Section 11105,
6to an animal control officer, authorized to exercise powers specified
7in Section 830.9, for the purpose of performing his or her official
8duties, upon a showing of a compelling need, provided that if
9information is furnished to assist the animal control officer in
10fulfilling any employment, certification, or licensing duties,
11Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
12Labor Code shall apply.

end delete
13begin insert

begin insert11105.07.end insert  

end insert
begin insert

(a) An animal control officer, when necessary for
14performing his or her official duties, shall provide a compelling
15reason to an appropriate criminal justice agency to obtain state
16summary criminal history information.

end insert

17(b) begin deleteThe department end deletebegin insertUpon a showing of compelling need, the
18criminal justice agency end insert
shall respond to the animal control officer
19with informationbegin delete as delineated in subdivision (p) of Section 11105
20of the Penal Code.end delete
begin insert obtained through the California Law
21Enforcement Telecommunications Systems (CLETS).end insert
The
22begin delete departmentend deletebegin insert criminal justice agencyend insert shall provide this information
23to the animal control officer in a timely manner.begin insert A criminal justice
24agency may charge a reasonable fee sufficient to cover the costs
25of providing information pursuant to this subdivision.end insert

26(c) An animal control officer who receives state summary
27criminal history information pursuant to this section shall not use
28that information for any purpose other than for the performance
29of his or her official duties.

30(d) begin deleteAn animal control officer end deletebegin insertA law enforcement officer or other
31person end insert
authorized by law tobegin delete receive state summary criminal history
32informationend delete
begin insert provide information obtained through CLETSend insert pursuant
33to this section who knowingly furnishes the record or information
34to a person who is not authorized by law to receivebegin delete the record orend delete
35begin insert thatend insert information is guilty of violating Section 11142.

begin insert

36(e) For the purposes of this section, an animal control officer
37is a person authorized to exercise the powers specified in Section
38830.9.

end insert
P4    1

SEC. 2.  

Section 13300 of the Penal Code is amended to read:

2

13300.  

(a) As used in this section:

3(1) “Local summary criminal history information” means the
4master record of information compiled by any local criminal justice
5agency pursuant to Chapter 2 (commencing with Section 13100)
6of Title 3 of Part 4 pertaining to the identification and criminal
7history of any person, such as name, date of birth, physical
8description, dates of arrests, arresting agencies and booking
9numbers, charges, dispositions, and similar data about the person.

10(2) “Local summary criminal history information” does not
11refer to records and data compiled by criminal justice agencies
12other than that local agency, nor does it refer to records of
13complaints to or investigations conducted by, or records of
14intelligence information or security procedures of, the local agency.

15(3) “Local agency” means a local criminal justice agency.

16(b) A local agency shall furnish local summary criminal history
17information to any of the following, when needed in the course of
18their duties, provided that when information is furnished to assist
19an agency, officer, or official of state or local government, a public
20utility, or any entity, in fulfilling employment, certification, or
21licensing duties, Chapter 1321 of the Statutes of 1974 and Section
22432.7 of the Labor Code shall apply:

23(1) The courts of the state.

24(2) Peace officers of the state, as defined in Section 830.1,
25subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b),
26and (j) of Section 830.3, and subdivisions (a), (b), and (c) of
27Section 830.5.

28(3) District attorneys of the state.

29(4) Prosecuting city attorneys of any city within the state.

30(5) City attorneys pursuing civil gang injunctions pursuant to
31Section 186.22a, or drug abatement actions pursuant to Section
323479 or 3480 of the Civil Code, or Section 11571 of the Health
33and Safety Code.

34(6) Probation officers of the state.

35(7) Parole officers of the state.

36(8) A public defender or attorney of record when representing
37a person in proceedings upon a petition for a certificate of
38rehabilitation and pardon pursuant to Section 4852.08.

39(9) A public defender or attorney of record when representing
40a person in a criminal case, or a parole, mandatory supervision, or
P5    1postrelease community supervision revocation or revocation
2extension hearing, and when authorized access by statutory or
3decisional law.

4(10) Any agency, officer, or official of the state when the local
5summary criminal history information is required to implement a
6statute, regulation, or ordinance that expressly refers to specific
7criminal conduct applicable to the subject person of the local
8summary criminal history information, and contains requirements
9or exclusions, or both, expressly based upon the specified criminal
10conduct.

11(11) Any city, county, city and county, or district, or any officer
12or official thereof, when access is needed in order to assist the
13agency, officer, or official in fulfilling employment, certification,
14or licensing duties, and when the access is specifically authorized
15by the city council, board of supervisors, or governing board of
16the city, county, or district when the local summary criminal history
17information is required to implement a statute, regulation, or
18ordinance that expressly refers to specific criminal conduct
19applicable to the subject person of the local summary criminal
20history information, and contains requirements or exclusions, or
21both, expressly based upon the specified criminal conduct.

22(12) The subject of the local summary criminal history
23information.

24(13) Any person or entity when access is expressly authorized
25by statute when the local summary criminal history information
26is required to implement a statute, regulation, or ordinance that
27expressly refers to specific criminal conduct applicable to the
28subject person of the local summary criminal history information,
29and contains requirements or exclusions, or both, expressly based
30upon the specified criminal conduct.

31(14) Any managing or supervising correctional officer of a
32county jail or other county correctional facility.

33(15) Local child support agencies established by Section 17304
34of the Family Code. When a local child support agency closes a
35support enforcement case containing summary criminal history
36information, the agency shall delete or purge from the file and
37destroy any documents or information concerning or arising from
38offenses for or of which the parent has been arrested, charged, or
39convicted, other than for offenses related to the parents having
P6    1failed to provide support for the minor children, consistent with
2Section 17531 of the Family Code.

3(16) County child welfare agency personnel who have been
4delegated the authority of county probation officers to access state
5summary criminal information pursuant to Section 272 of the
6Welfare and Institutions Code for the purposes specified in Section
716504.5 of the Welfare and Institutions Code.

8(17) A humane officer appointed pursuant to Section 14502 of
9the Corporations Code, for the purposes of performing his or her
10duties. A local agency may charge a reasonable fee sufficient to
11cover the costs of providing information pursuant to this paragraph.

12(c) The local agency may furnish local summary criminal history
13information, upon a showing of a compelling need, to any of the
14following, provided that when information is furnished to assist
15an agency, officer, or official of state or local government, a public
16utility, or any entity, in fulfilling employment, certification, or
17licensing duties, Chapter 1321 of the Statutes of 1974 and Section
18432.7 of the Labor Code shall apply:

19(1) Any public utility, as defined in Section 216 of the Public
20Utilities Code, which operates a nuclear energy facility when access
21is needed to assist in employing persons to work at the facility,
22provided that, if the local agency supplies the information, it shall
23furnish a copy of this information to the person to whom the
24information relates.

25(2) To a peace officer of the state other than those included in
26subdivision (b).

27(3) An animal control officer, authorized to exercise powers
28specified in Section 830.9, for the purposes of performing his or
29her official duties. A local agency may charge a reasonable fee
30sufficient to cover the costs of providing information pursuant to
31this paragraph.

32(4) To a peace officer of another country.

33(5) To public officers, other than peace officers, of the United
34States, other states, or possessions or territories of the United
35States, provided that access to records similar to local summary
36criminal history information is expressly authorized by a statute
37of the United States, other states, or possessions or territories of
38the United States when this information is needed for the
39performance of their official duties.

P7    1(6) To any person when disclosure is requested by a probation,
2parole, or peace officer with the consent of the subject of the local
3summary criminal history information and for purposes of
4furthering the rehabilitation of the subject.

5(7) The courts of the United States, other states, or territories
6or possessions of the United States.

7(8) Peace officers of the United States, other states, or territories
8or possessions of the United States.

9(9) To any individual who is the subject of the record requested
10when needed in conjunction with an application to enter the United
11States or any foreign nation.

12(10) Any public utility, as defined in Section 216 of the Public
13Utilities Code, when access is needed to assist in employing
14persons who will be seeking entrance to private residences in the
15course of their employment. The information provided shall be
16limited to the record of convictions and any arrest for which the
17person is released on bail or on his or her own recognizance
18pending trial.

19If the local agency supplies the information pursuant to this
20paragraph, it shall furnish a copy of the information to the person
21to whom the information relates.

22Any information obtained from the local summary criminal
23history is confidential and the receiving public utility shall not
24disclose its contents, other than for the purpose for which it was
25acquired. The local summary criminal history information in the
26possession of the public utility and all copies made from it shall
27be destroyed 30 days after employment is denied or granted,
28including any appeal periods, except for those cases where an
29employee or applicant is out on bail or on his or her own
30recognizance pending trial, in which case the state summary
31criminal history information and all copies shall be destroyed 30
32days after the case is resolved, including any appeal periods.

33A violation of any of the provisions of this paragraph is a
34misdemeanor, and shall give the employee or applicant who is
35injured by the violation a cause of action against the public utility
36to recover damages proximately caused by the violation.

37Nothing in this section shall be construed as imposing any duty
38upon public utilities to request local summary criminal history
39information on any current or prospective employee.

P8    1Seeking entrance to private residences in the course of
2employment shall be deemed a “compelling need” as required to
3be shown in this subdivision.

4(11) Any city, county, city and county, or district, or any officer
5or official thereof, if a written request is made to a local law
6enforcement agency and the information is needed to assist in the
7screening of a prospective concessionaire, and any affiliate or
8associate thereof, as these terms are defined in subdivision (k) of
9Section 432.7 of the Labor Code, for the purposes of consenting
10to, or approving of, the prospective concessionaire’s application
11for, or acquisition of, any beneficial interest in a concession, lease,
12or other property interest.

13Any local government’s request for local summary criminal
14history information for purposes of screening a prospective
15concessionaire and their affiliates or associates before approving
16or denying an application for, or acquisition of, any beneficial
17interest in a concession, lease, or other property interest is deemed
18a “compelling need” as required by this subdivision. However,
19only local summary criminal history information pertaining to
20 criminal convictions may be obtained pursuant to this paragraph.

21Any information obtained from the local summary criminal
22history is confidential and the receiving local government shall
23not disclose its contents, other than for the purpose for which it
24was acquired. The local summary criminal history information in
25the possession of the local government and all copies made from
26it shall be destroyed not more than 30 days after the local
27government’s final decision to grant or deny consent to, or approval
28of, the prospective concessionaire’s application for, or acquisition
29of, a beneficial interest in a concession, lease, or other property
30interest. Nothing in this section shall be construed as imposing
31any duty upon a local government, or any officer or official thereof,
32to request local summary criminal history information on any
33current or prospective concessionaire or their affiliates or
34associates.

35(12) A public agency described in subdivision (b) of Section
3615975 of the Government Code, for the purpose of oversight and
37enforcement policies with respect to its contracted providers.

38(d) Whenever an authorized request for local summary criminal
39history information pertains to a person whose fingerprints are on
40file with the local agency and the local agency has no criminal
P9    1history of that person, and the information is to be used for
2employment, licensing, or certification purposes, the fingerprint
3card accompanying the request for information, if any, may be
4stamped “no criminal record” and returned to the person or entity
5making the request.

6(e) A local agency taking fingerprints of a person who is an
7applicant for licensing, employment, or certification may charge
8a fee to cover the cost of taking the fingerprints and processing
9the required documents.

10(f) Whenever local summary criminal history information
11furnished pursuant to this section is to be used for employment,
12licensing, or certification purposes, the local agency shall charge
13the person or entity making the request a fee which it determines
14to be sufficient to reimburse the local agency for the cost of
15furnishing the information, provided that no fee shall be charged
16to any public law enforcement agency for local summary criminal
17history information furnished to assist it in employing, licensing,
18or certifying a person who is applying for employment with the
19agency as a peace officer or criminal investigator. Any state agency
20required to pay a fee to the local agency for information received
21under this section may charge the applicant a fee sufficient to
22reimburse the agency for the expense.

23(g) Whenever there is a conflict, the processing of criminal
24fingerprints shall take priority over the processing of applicant
25fingerprints.

26(h) It is not a violation of this article to disseminate statistical
27or research information obtained from a record, provided that the
28identity of the subject of the record is not disclosed.

29(i) It is not a violation of this article to include information
30obtained from a record in (1) a transcript or record of a judicial or
31administrative proceeding or (2) any other public record when the
32inclusion of the information in the public record is authorized by
33a court, statute, or decisional law.

34(j) Notwithstanding any other law, a public prosecutor may, in
35response to a written request made pursuant to Section 6253 of
36the Government Code, provide information from a local summary
37criminal history, if release of the information would enhance public
38safety, the interest of justice, or the public’s understanding of the
39justice system and the person making the request declares that the
40request is made for a scholarly or journalistic purpose. If a person
P10   1in a declaration required by this subdivision willfully states as true
2any material fact that he or she knows to be false, he or she shall
3be subject to a civil penalty not exceeding ten thousand dollars
4($10,000). The requestor shall be informed in writing of this
5penalty. An action to impose a civil penalty under this subdivision
6may be brought by any public prosecutor and shall be enforced as
7a civil judgment.

8(k) Notwithstanding any other law, the Department of Justice
9or any state or local law enforcement agency may require the
10submission of fingerprints for the purpose of conducting summary
11criminal history information record checks which are authorized
12by law.

13(l) Any local criminal justice agency may release, within five
14years of the arrest, information concerning an arrest or detention
15of a peace officer or applicant for a position as a peace officer, as
16defined in Section 830, which did not result in conviction, and for
17which the person did not complete a postarrest diversion program
18or a deferred entry of judgment program, to a government agency
19employer of that peace officer or applicant.

20(m) Any local criminal justice agency may release information
21concerning an arrest of a peace officer or applicant for a position
22as a peace officer, as defined in Section 830, which did not result
23in conviction but for which the person completed a postarrest
24diversion program or a deferred entry of judgment program, or
25information concerning a referral to and participation in any
26postarrest diversion program or a deferred entry of judgment
27program to a government agency employer of that peace officer
28or applicant.

29(n) Notwithstanding subdivision (l) or (m), a local criminal
30justice agency shall not release information under the following
31circumstances:

32(1) Information concerning an arrest for which diversion or a
33deferred entry of judgment program has been ordered without
34attempting to determine whether diversion or a deferred entry of
35judgment program has been successfully completed.

36(2) Information concerning an arrest or detention followed by
37a dismissal or release without attempting to determine whether the
38individual was exonerated.

P11   1(3) Information concerning an arrest without a disposition
2without attempting to determine whether diversion has been
3successfully completed or the individual was exonerated.

4

SEC. 3.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6a local agency or school district has the authority to levy service
7charges, fees, or assessments sufficient to pay for the program or
8level of service mandated by this and because other costs that may
9be incurred by a local agency or school district will be incurred
10because this act creates a new crime or infraction, eliminates a
11crime or infraction, or changes the penalty for a crime or infraction,
12within the meaning of Section 17556 of the Government Code, or
13changes the definition of a crime within the meaning of Section 6
14of Article XIII B of the California Constitution.

15begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.

end insert


O

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