BILL ANALYSIS Ó
AB 1511
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ASSEMBLY THIRD READING
AB 1511 (Beth Gaines)
As Amended March 17, 2014
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bigelow, Allen, |
| |Quirk, Ridley-Thomas, | |Bocanegra, Bradford, Ian |
| |Stone, Hagman | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Linder, Pan, |
| | | |Quirk, Ridley-Thomas, |
| | | |Wagner, Weber |
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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.
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.
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.
AB 1511
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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
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.
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.
6)Requires a local criminal justice agency to furnish local
summary criminal history information to any entity on a
specified list, and authorizes 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.
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.
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.
AB 1511
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FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor absorbable costs to DOJ, as current law authorizes DOJ
to charge a fee to cover related costs.
2)Minor, non state-reimbursable, local costs, as current law
authorizes local entities to charge a fee to cover related
costs.
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0003158