BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1511|
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THIRD READING
Bill No: AB 1511
Author: Beth Gaines (R)
Amended: 8/5/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De León, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 4/21/14 - See last page for vote
SUBJECT : Criminal history information: animal control
officers
SOURCE : Author
DIGEST : This bill authorizes local criminal justice agencies
to provide local summary criminal history information to an
animal control officer (ACO) for the purposes of performing
his/her official duties, as specified.
Senate Floor Amendments of 8/5/14 are technical; clarifying that
the information obtained from the California Law Enforcement
Telecommunications System is state summary criminal history
information.
ANALYSIS : Existing law:
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1.Requires the Department of Justice (DOJ) to maintain state
summary criminal history information.
2.Authorizes DOJ to furnish state summary criminal history
information to specified entities.
3.Existing law states that DOJ may furnish state summary
criminal history information, when specifically authorized,
and federal-level criminal history information upon a showing
of compelling need to any of the specified agencies, 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, the employer must follow
restrictions listed in the Labor Code. (Penal Code §
11105(c).)
4.States, notwithstanding any other law, a human resource agency
or an employer may 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.
5.Authorizes any local criminal justice agency as defined to
compile local summary criminal history information and
requires the local criminal justice agency to furnish this
information to any of the specified entities.
This bill:
1.Authorizes an ACO, when necessary for the performance of
his/her official duties, to obtain state summary criminal
history information from a criminal justice agency.
2.Requires the criminal justice agency, upon a showing of
compelling need, to provide the ACO with state summary
criminal history information obtained from the California Law
Enforcement Telecommunication Systems.
3.Requires the criminal justice agency to provide this
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information to the ACO in a timely manner and permits the
criminal justice agency to charge a reasonable fee sufficient
to cover the costs of providing that information.
4.Prohibits an ACO who receives that information from using it
for any purpose other than the performance of his/her official
duties.
Background
ACOs occupy a unique niche in the fabric of our community. They
are public servants who protect people from animals and animals
from people.
In 2012, Sacramento County Animal Care and Regulation officer,
Roy Curtis Marcum went on a call with several bank executives to
a residence to seize some animals that were in a foreclosed
home, thought to be vacated by the previous owner. Instead of
finding an empty house, Officer Marcum was shot through the
doorway, fatally wounding him and injuring an executive who
accompanied him to the front door. The shooter was taken into
custody and was incarcerated.
After this event, a few ACOs were provided with bulletproof
vests so that they would be afforded some protection while
tending to their duties. However, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/6/14)
American Society for the Prevention of Cruelty to Animals
Animal Issues Movement
California Animal Control Directors Association
California Police Chiefs Association
California-Nevada Conference of Operating Engineers
Citizens for Law and Order Inc.
City of Sacramento
Crime Victims Action Alliance
International Union of Operating Engineers, Local 39
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Los Angeles County District Attorney
National Animal Control Association
State Humane Association of California
OPPOSITION : (Verified 8/6/14)
Legal Services for Prisoners with Childern
ARGUMENTS IN SUPPORT : The American Society for the Prevention
of Cruelty to Animals supports this bill stating:
AB 1511 recognizes the dangers animal control officers face
by authorizing the Department of Justice and local criminal
justice organizations to provide access to criminal
background information to ACOs. Knowing this information
is critical in keeping animal control officers safe as they
seek to enforce the animal welfare laws throughout their
communities.
ARGUMENTS IN OPPOSITION : Legal Services for Prisoners with
Children (LSPC) states, "LSPC 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."
ASSEMBLY FLOOR : 78-0, 4/21/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Melendez, Vacancy
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JG:nl 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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