BILL ANALYSIS Ó
AB 1511
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Date of Hearing: March 11, 2014
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1511 (Gaines) - As Introduced: January 14, 2014
As Proposed to be Amended in Committee
SUMMARY : Allows the Department of Justice (DOJ) and local
criminal justice agencies to furnish state and local summary
criminal history information to an animal control officer (ACO)
upon a showing of a compelling need.
EXISTING LAW :
1)Requires DOJ to maintain state summary criminal history
information. (Pen. Code, § 11105, subd. (a).)
2)Requires DOJ to furnish state summary criminal history
information to specified entities, if needed in the course of
their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local
government, a public utility, or any other entity in
fulfilling employment, certification, or licensing duties,
specified restrictions listed in the Labor Code are followed.
(Pen. Code, § 11105, subd. (b).)
3)Allows DOJ to furnish state summary criminal history
information to specified entities and, when specifically
authorized, federal-level criminal history information upon a
showing of a compelling need, provided that when information
is furnished to assist an agency, officer, or official of
state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing
duties, specified restrictions listed in the Labor Code are
followed. (Pen. Code, § 11105, subd. (c).)
4)Allows DOJ to charge a fee to reimburse department costs, and
a surcharge to fund system maintenance and improvements,
whenever state summary criminal history information is
furnished as the result of an application and is to be used
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for employment, licensing, or certification purposes. Allows,
notwithstanding any other law, any person or entity required
to pay a fee to DOJ for information received under this
provision to charge the applicant a fee sufficient to
reimburse the person or entity for this expense. (Pen. Code,
§ 11105, subd. (e).)
5)Authorizes, notwithstanding any other law, a human resource
agency or an employer to request from DOJ records of all
convictions or any arrest pending adjudication involving the
offenses specified of a person who applies for a license,
employment, or volunteer position, in which he or she would
have supervisory or disciplinary power over a minor or any
person under his or her care. Requires DOJ to furnish the
information to the requesting employer and also send a copy of
the information to the applicant. (Pen. Code, § 11105.3,
subd. (a).)
6)Requires a local criminal justice agency to furnish local
summary criminal history information to any of a list the
specified entities, and authorizing the local criminal justice
agency to furnish this information to any of a list of
specified entities upon a showing of a compelling need,
provided that when information is furnished to assist an
agency, officer, or official of state or local government, a
public utility, or any other entity in fulfilling employment,
certification, or licensing duties, specified restrictions
listed in the Labor Code are followed. (Pen. Code, § 13300.)
7)Authorizes ACOs to exercise peace officer arrest powers, as
specified, and the power to serve warrants, as specified,
during the course and within the scope of their employment, if
the ACOs successfully complete a Commission on Peace Officer
Standards and Trainings (POST) course, as specified, in the
exercise of those powers. (Pen. Code, § 830.9.)
8)Allows, after the completion of a POST-approved firearms
training course, ACOs, regularly compensated in that capacity
by a governmental agency, to carry loaded weapons in public
while acting in the course and scope of their employment and
when designated by the governmental agency, as specified.
(Pen. Code, § 26025, subd. (b).)
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "AB 1511 would
amend the law to allow animal control officers the ability to
request local and state criminal history summaries from the
Department of Justice and local agencies. By affording this
information, law enforcement can then prioritize their
resources to accompany animal control officers to the most
dangerous areas. AB 1511 would also permit the agencies to
charge a reasonable fee to sufficiently cover the costs
associated with providing such information. This bill seeks
to add a small level of protection for animal control officers
for an already dangerous job."
2)State Summary Criminal History Information : State "summary
criminal history information" is the master record of
information compiled by DOJ pertaining to the identification
and criminal history of any person, such as name, date of
birth, physical description, fingerprints, photographs,
arrests, dispositions and similar data. (Pen. Code, § 11105,
subd. (a).) State summary criminal history information
commonly is referred to as a "rap sheet." This bill
authorizes DOJ to release a "rap sheet" to an ACO only upon a
showing of a compelling need for the information.
3)Practical Consideration : In 2012, two locksmiths and ACO Roy
Marcum, working for the Sacramento County Animal Care and
Regulation Department, arrived to a house in Galt that they
expected to be empty. The owner/tenant had been evicted the
previous day and had indicated that he could not care for his
multiple pets. As the individuals approached the home, the
tenant, still there, fired a shotgun through the closed front
door and fatally shot ACO Marcum. (Bonnett & Creamer,
Shooting victim was dedicated to helping pets, Lodi
News-Sentinel (Nov. 30, 2013).) As tragic as this event was,
it remains unclear how helpful access to summary criminal
history information would have been in this particular
instance, as the house was believed to be unoccupied and,
according to news reports, the perpetrator was unknown to law
enforcement. (See Creamer & Farrow, Killing suspect arrested,
Lodi News-Sentinel (Nov. 30, 2013).) The lack of law
enforcement's awareness of the perpetrator raises the question
of whether he had a criminal history prior to this event that
would have been exposed through a check of his summary
criminal history information. Alternatively, some animal
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control departments require all ACOs to wear ballistic vests
when working in a field setting, which may prove immensely
helpful in avoiding future loss of life. (See Animal Control
Officer I/II, City of Modesto (Mar. 29, 2007)
[as of Mar. 5, 2014].)
4)Animal Control Officers vs. Humane Officers : Many argue that
ACOs and humane officers are similarly situated and since
current law authorizes humane officers access to state and
local summary criminal history information, ACOs should be
provided that same access. While ACOs' duties are not
prescribed by state law, they are tasked, generally speaking,
with animal control and compliance functions. Alternatively,
humane officers are employed by a humane society or a society
for the prevention of cruelty to animals and are statutorily
tasked to prevent animal cruelty, using reasonable force if
necessary to accomplish their duties. (Corp. Code, §14502,
subds. (a) & (h).) Moreover, to be appointed a humane
officer, a person must go through a demanding vetting process,
which includes undergoing a criminal background check; filing
of a petition for order confirming the appointment that must
be served to the local police department, local sheriff's
department, Department of California Highway Patrol, State
Humane Association of California, local animal control agency,
and DOJ, all of who have the right to oppose the petition; and
take and subscribe the oath of office prescribed for peace
officers. (Corp. Code, § 14502, subd. (b).)
Additionally, state law requires that all humane officers
furnish a set of fingerprints to DOJ and the Federal Bureau of
Investigation to be kept on file and "[b]e of good moral
character, as determined by a thorough background check."
(Corp. Code, § 14502, subd. (h); Gov. Code, §§ 1030 & 1031.)
Humane officers also must be removed from their position upon
the occurrence of any one of a list of specified condition,
such as the conviction of a felony or finding that the person
is mentally incompetent or being adjudged addicted or in
danger of becoming addicted to narcotics. (Corp. Code, §
14502, subd. (h); Gov. Code, § 1029.) No such similar
requirements are placed on ACOs, however. Since ACOs and
humane officers go through and must meet different qualifying
criteria to get their appointments, different levels of access
to sensitive summary criminal history information appears
warranted.
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5)Appointing Authority : This bill seeks to allow access to
criminal history information to "[a]n animal control officer,
appointed pursuant to [Penal Code] Section 830.9, for purposes
of performing his or her official duties." (Page 6, lines
4-5; page 17, lines 1-2, ver. 99 (emphasis added).) Penal
Code section 830.9, however, pertains only to ACOs' ability to
exercise arrest powers and serve warrants during the course
and within the scope of their employment. (See Pen. Code, §
830.9.) It does not-nor does any other statute-prescribe
criteria for the appointment of an ACO. This is in contrast
to the fleshed-out appointment process laid out for humane
officers in Corporations Code section 14502. (See comment
above.) Consequently, this bill arguably creates ambiguity
about whether ACOs would have access to summary criminal
history information, as a possible interpretation of this
language could be that access to the information is available
only to ACOs who are appointed to such a position consistent
with requirements outlined in Penal Code section 830.9, which
would be none. The proposed amendments seeks to remedy this
ambiguity by replacing the "appointed pursuant to Section
830.9" language with "employed by a city, county, or city and
county."
6)Argument in Support : The California-Nevada Conference of
Operating Engineers writes that "ACOs currently do not have
access to the State Summary Criminal History Information
database of local equivalent databases, which appears to be a
mere oversight in the drafting of SB 1417 (Cox; 2009-2010)
which gave humane officers access. Humane officers and ACOs
both investigate the same crimes against dangerous criminals
as traditional law enforcement officers. Most ACOs don't
carry firearms, stun guns, or other personal protection
devices. As law enforcement departments deal with budget cuts
and lose personnel, it's not always feasible for ACOs to have
law enforcement accompany them to calls. ACOs urgently need
this criminal background information to safely and properly
serve the public."
7)Argument in Opposition : Legal Services for Prisoners with
Children states that "[w]hile we understand that the
underlying purpose of the bill may be well intentioned, we
believe it would have unintended negative consequences. ?
This bill would serve to increase the already high level of
discrimination that people face after their release. ? LSPC
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sees a great potential for misuse of background checks.
Unfortunately background checks often rely on inaccurate
records and make it difficult for formerly incarcerated people
to lead productive and successful lives. Background checks
also serve to bring racially discriminatory sentencing
practices from the prison system into other institutions, thus
recreating the racial discrimination that is found in the
criminal justice system."
8)Related Legislation :
a) AB 1960 (Perea) would require DOJ to provide the
director of a state hospital, or his or her designee, state
summary criminal history information, and access to the
California Law Enforcement Telecommunication System, for a
patient committed to that facility for treatment for the
purpose of treatment or the determination of security
required for that patient. AB 1960 is awaiting a hearing
in this committee.
b) SB 1136 (Huff) would require DOJ to provide county child
welfare agency personnel state summary criminal history
information to monitor the health and safety of persons
receiving care, treatment, or services from state licensed
foster homes, foster family agencies, and group homes. SB
1136 is pending referral by the Senate Committee on Rules.
c) SB 1278 (Leno) would require ACOs to complete specified
training courses and continuing education courses as
specified. SB 1278 is awaiting a hearing in the Senate
Committee on Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
Animal Issues Movement
California-Nevada Conference of Operating Engineers
Citizens for Law and Order, Inc.
City of Sacramento
Crime Victims Action Alliance
Laborers' International Union of North America, Local 777
Laborers' International Union of North America, Local 792
Stationary Engineers, Local 39
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Opposition
Legal Services for Prisoners with Children
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
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PROPOSED AMENDMENTS TO ASSEMBLY BILL NO. 1511
Proposed Amendment 1
On page 5, on line 37, strike the second "of".
Proposed Amendment 2
On page 6, strike lines 4 and 5.
Proposed Amendment 3
On page 6, between lines 24 and 25, insert:
(4) An animal control officer employed by a city, county,
or city and county, for purposes of performing his or her
official duties.
Proposed Amendment 4
On page 17, strike lines 1 through 4, inclusive.
Proposed Amendment 5
On page 17, between lines 19 and 20, insert:
(3) An animal control officer employed by a city, county,
or city and county, for purposes of performing his or her
official duties.