Amended in Senate August 5, 2014

Amended in Senate June 24, 2014

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.

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 withbegin insert state summary criminal historyend insert 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.

This bill would also authorize local criminal justice agencies to provide local summary criminal history information to an animal control officer for the purposes of performing his or her official 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 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:

P2    1

SECTION 1.  

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

P3    1

11105.07.  

(a) An animal control officer, when necessary for
2performing his or her official duties, shall provide a compelling
3reason to an appropriate criminal justice agency to obtain state
4summary criminal history information.

5(b) Upon a showing of compelling need, the criminal justice
6agency shall respond to the animal control officer withbegin insert state
7summary criminal historyend insert
information obtained through the
8California Law Enforcement Telecommunications Systems
9(CLETS). The criminal justice agency shall provide this
10information to the animal control officer in a timely manner. A
11 criminal justice agency may charge a reasonable fee sufficient to
12cover the costs of providing information pursuant to this
13subdivision.

14(c) An animal control officer who receives state summary
15criminal history information pursuant to this section shall not use
16that information for any purpose other than for the performance
17of his or her official duties.

18(d) A law enforcement officer or other person authorized by
19law to provide or receive information obtained through CLETS
20pursuant to this section who knowingly furnishes the record or
21information to a person who is not authorized by law to receive
22that information is guilty of violating Section 11142.

23(e) For the purposes of this section, an animal control officer is
24a person authorized to exercise the powers specified in Section
25830.9.

26

SEC. 2.  

Section 13300 of the Penal Code is amended to read:

27

13300.  

(a) As used in this section:

28(1) “Local summary criminal history information” means the
29master record of information compiled by any local criminal justice
30agency pursuant to Chapter 2 (commencing with Section 13100)
31of Title 3 of Part 4 pertaining to the identification and criminal
32history of any person, such as name, date of birth, physical
33description, dates of arrests, arresting agencies and booking
34numbers, charges, dispositions, and similar data about the person.

35(2) “Local summary criminal history information” does not
36refer to records and data compiled by criminal justice agencies
37other than that local agency, nor does it refer to records of
38complaints to or investigations conducted by, or records of
39intelligence information or security procedures of, the local agency.

40(3) “Local agency” means a local criminal justice agency.

P4    1(b) A local agency shall furnish local summary criminal history
2information to any of the following, when needed in the course of
3their duties, provided that when information is furnished to assist
4an agency, officer, or official of state or local government, a public
5utility, or any entity, in fulfilling employment, certification, or
6licensing duties, Chapter 1321 of the Statutes of 1974 and Section
7432.7 of the Labor Code shall apply:

8(1) The courts of the state.

9(2) Peace officers of the state, as defined in Section 830.1,
10subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b),
11and (j) of Section 830.3, and subdivisions (a), (b), and (c) of
12Section 830.5.

13(3) District attorneys of the state.

14(4) Prosecuting city attorneys of any city within the state.

15(5) City attorneys pursuing civil gang injunctions pursuant to
16Section 186.22a, or drug abatement actions pursuant to Section
173479 or 3480 of the Civil Code, or Section 11571 of the Health
18and Safety Code.

19(6) Probation officers of the state.

20(7) Parole officers of the state.

21(8) A public defender or attorney of record when representing
22a person in proceedings upon a petition for a certificate of
23rehabilitation and pardon pursuant to Section 4852.08.

24(9) A public defender or attorney of record when representing
25a person in a criminal case, or a parole, mandatory supervision, or
26postrelease community supervision revocation or revocation
27extension hearing, and when authorized access by statutory or
28decisional law.

29(10) Any agency, officer, or official of the state when the local
30summary criminal history information is required to implement a
31statute, regulation, or ordinance that expressly refers to specific
32criminal conduct applicable to the subject person of the local
33summary criminal history information, and contains requirements
34or exclusions, or both, expressly based upon the specified criminal
35conduct.

36(11) Any city, county, city and county, or district, or any officer
37or official thereof, when access is needed in order to assist the
38agency, officer, or official in fulfilling employment, certification,
39or licensing duties, and when the access is specifically authorized
40by the city council, board of supervisors, or governing board of
P5    1the city, county, or district when the local summary criminal history
2information is required to implement a statute, regulation, or
3ordinance that expressly refers to specific criminal conduct
4applicable to the subject person of the local summary criminal
5history information, and contains requirements or exclusions, or
6both, expressly based upon the specified criminal conduct.

7(12) The subject of the local summary criminal history
8information.

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

16(14) Any managing or supervising correctional officer of a
17county jail or other county correctional facility.

18(15) Local child support agencies established by Section 17304
19of the Family Code. When a local child support agency closes a
20support enforcement case containing summary criminal history
21information, the agency shall delete or purge from the file and
22destroy any documents or information concerning or arising from
23offenses for or of which the parent has been arrested, charged, or
24convicted, other than for offenses related to the parents having
25failed to provide support for the minor children, consistent with
26Section 17531 of the Family Code.

27(16) County child welfare agency personnel who have been
28delegated the authority of county probation officers to access state
29summary criminal information pursuant to Section 272 of the
30Welfare and Institutions Code for the purposes specified in Section
3116504.5 of the Welfare and Institutions Code.

32(17) A humane officer appointed pursuant to Section 14502 of
33the Corporations Code, for the purposes of performing his or her
34duties. A local agency may charge a reasonable fee sufficient to
35cover the costs of providing information pursuant to this paragraph.

36(c) The local agency may furnish local summary criminal history
37information, upon a showing of a compelling need, to any of the
38following, provided that when information is furnished to assist
39an agency, officer, or official of state or local government, a public
40utility, or any entity, in fulfilling employment, certification, or
P6    1licensing duties, Chapter 1321 of the Statutes of 1974 and Section
2432.7 of the Labor Code shall apply:

3(1) Any public utility, as defined in Section 216 of the Public
4Utilities Code, which operates a nuclear energy facility when access
5is needed to assist in employing persons to work at the facility,
6provided that, if the local agency supplies the information, it shall
7furnish a copy of this information to the person to whom the
8information relates.

9(2) To a peace officer of the state other than those included in
10subdivision (b).

11(3) An animal control officer, authorized to exercise powers
12specified in Section 830.9, for the purposes of performing his or
13her official duties. A local agency may charge a reasonable fee
14sufficient to cover the costs of providing information pursuant to
15this paragraph.

16(4) To a peace officer of another country.

17(5) To public officers, other than peace officers, of the United
18States, other states, or possessions or territories of the United
19States, provided that access to records similar to local summary
20criminal history information is expressly authorized by a statute
21of the United States, other states, or possessions or territories of
22the United States when this information is needed for the
23performance of their official duties.

24(6) To any person when disclosure is requested by a probation,
25parole, or peace officer with the consent of the subject of the local
26summary criminal history information and for purposes of
27furthering the rehabilitation of the subject.

28(7) The courts of the United States, other states, or territories
29or possessions of the United States.

30(8) Peace officers of the United States, other states, or territories
31or possessions of the United States.

32(9) To any individual who is the subject of the record requested
33when needed in conjunction with an application to enter the United
34States or any foreign nation.

35(10) Any public utility, as defined in Section 216 of the Public
36Utilities Code, when access is needed to assist in employing
37persons who will be seeking entrance to private residences in the
38course of their employment. The information provided shall be
39limited to the record of convictions and any arrest for which the
P7    1person is released on bail or on his or her own recognizance
2pending trial.

3If the local agency supplies the information pursuant to this
4paragraph, it shall furnish a copy of the information to the person
5to whom the information relates.

6Any information obtained from the local summary criminal
7history is confidential and the receiving public utility shall not
8disclose its contents, other than for the purpose for which it was
9acquired. The local summary criminal history information in the
10possession of the public utility and all copies made from it shall
11be destroyed 30 days after employment is denied or granted,
12including any appeal periods, except for those cases where an
13employee or applicant is out on bail or on his or her own
14recognizance pending trial, in which case the state summary
15criminal history information and all copies shall be destroyed 30
16days after the case is resolved, including any appeal periods.

17A violation of any of the provisions of this paragraph is a
18 misdemeanor, and shall give the employee or applicant who is
19injured by the violation a cause of action against the public utility
20to recover damages proximately caused by the violation.

21Nothing in this section shall be construed as imposing any duty
22upon public utilities to request local summary criminal history
23information on any current or prospective employee.

24Seeking entrance to private residences in the course of
25employment shall be deemed a “compelling need” as required to
26be shown in this subdivision.

27(11) Any city, county, city and county, or district, or any officer
28or official thereof, if a written request is made to a local law
29enforcement agency and the information is needed to assist in the
30screening of a prospective concessionaire, and any affiliate or
31associate thereof, as these terms are defined in subdivision (k) of
32Section 432.7 of the Labor Code, for the purposes of consenting
33to, or approving of, the prospective concessionaire’s application
34for, or acquisition of, any beneficial interest in a concession, lease,
35or other property interest.

36Any local government’s request for local summary criminal
37history information for purposes of screening a prospective
38concessionaire and their affiliates or associates before approving
39or denying an application for, or acquisition of, any beneficial
40interest in a concession, lease, or other property interest is deemed
P8    1a “compelling need” as required by this subdivision. However,
2only local summary criminal history information pertaining to
3 criminal convictions may be obtained pursuant to this paragraph.

4Any information obtained from the local summary criminal
5history is confidential and the receiving local government shall
6not disclose its contents, other than for the purpose for which it
7was acquired. The local summary criminal history information in
8the possession of the local government and all copies made from
9it shall be destroyed not more than 30 days after the local
10government’s final decision to grant or deny consent to, or approval
11of, the prospective concessionaire’s application for, or acquisition
12of, a beneficial interest in a concession, lease, or other property
13interest. Nothing in this section shall be construed as imposing
14any duty upon a local government, or any officer or official thereof,
15to request local summary criminal history information on any
16current or prospective concessionaire or their affiliates or
17associates.

18(12) A public agency described in subdivision (b) of Section
1915975 of the Government Code, for the purpose of oversight and
20enforcement policies with respect to its contracted providers.

21(d) Whenever an authorized request for local summary criminal
22history information pertains to a person whose fingerprints are on
23file with the local agency and the local agency has no criminal
24history of that person, and the information is to be used for
25employment, licensing, or certification purposes, the fingerprint
26card accompanying the request for information, if any, may be
27stamped “no criminal record” and returned to the person or entity
28making the request.

29(e) A local agency taking fingerprints of a person who is an
30applicant for licensing, employment, or certification may charge
31a fee to cover the cost of taking the fingerprints and processing
32the required documents.

33(f) Whenever local summary criminal history information
34furnished pursuant to this section is to be used for employment,
35licensing, or certification purposes, the local agency shall charge
36the person or entity making the request a fee which it determines
37to be sufficient to reimburse the local agency for the cost of
38furnishing the information, provided that no fee shall be charged
39to any public law enforcement agency for local summary criminal
40history information furnished to assist it in employing, licensing,
P9    1or certifying a person who is applying for employment with the
2agency as a peace officer or criminal investigator. Any state agency
3 required to pay a fee to the local agency for information received
4under this section may charge the applicant a fee sufficient to
5reimburse the agency for the expense.

6(g) Whenever there is a conflict, the processing of criminal
7fingerprints shall take priority over the processing of applicant
8fingerprints.

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

12(i) It is not a violation of this article 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 when the
15inclusion of the information in the public record is authorized by
16a court, statute, or decisional law.

17(j) Notwithstanding any other law, a public prosecutor may, in
18response to a written request made pursuant to Section 6253 of
19the Government Code, provide information from a local summary
20criminal history, if release of the information would enhance public
21safety, the interest of justice, or the public’s understanding of the
22justice system and the person making the request declares that the
23request is made for a scholarly or journalistic purpose. If a person
24in a declaration required by this subdivision willfully states as true
25any material fact that he or she knows to be false, he or she shall
26be subject to a civil penalty not exceeding ten thousand dollars
27($10,000). The requestor shall be informed in writing of this
28penalty. An action to impose a civil penalty under this subdivision
29may be brought by any public prosecutor and shall be enforced as
30a civil judgment.

31(k) Notwithstanding any other law, the Department of Justice
32or any state or local law enforcement agency may require the
33submission of fingerprints for the purpose of conducting summary
34criminal history information record checks which are authorized
35by law.

36(l) Any local criminal justice agency may release, within five
37years of the arrest, information concerning an arrest or detention
38of a peace officer or applicant for a position as a peace officer, as
39defined in Section 830, which did not result in conviction, and for
40which the person did not complete a postarrest diversion program
P10   1or a deferred entry of judgment program, to a government agency
2employer of that peace officer or applicant.

3(m) Any local criminal justice agency may release information
4concerning an arrest of a peace officer or applicant for a position
5as a peace officer, as defined in Section 830, which did not result
6in conviction but for which the person completed a postarrest
7diversion program or a deferred entry of judgment program, or
8information concerning a referral to and participation in any
9postarrest diversion program or a deferred entry of judgment
10program to a government agency employer of that peace officer
11or applicant.

12(n) Notwithstanding subdivision (l) or (m), a local criminal
13justice agency shall not release information under the following
14circumstances:

15(1) Information concerning an arrest for which diversion or a
16deferred entry of judgment program has been ordered without
17attempting to determine whether diversion or a deferred entry of
18judgment program has been successfully completed.

19(2) Information concerning an arrest or detention followed by
20a dismissal or release without attempting to determine whether the
21individual was exonerated.

22(3) Information concerning an arrest without a disposition
23without attempting to determine whether diversion has been
24successfully completed or the individual was exonerated.

25

SEC. 3.  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27a local agency or school district has the authority to levy service
28charges, fees, or assessments sufficient to pay for the program or
29level of service mandated by thisbegin insert actend insert and because other costs that
30may be incurred by a local agency or school district will be incurred
31because this act creates a new crime or infraction, eliminates a
32crime or infraction, or changes the penalty for a crime or infraction,
33within the meaning of Section 17556 of the Government Code, or
34changes the definition of a crime within the meaning of Section 6
35of Article XIII B of the California Constitution.

begin delete
36

SEC. 4.  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P11   1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.

end delete


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