BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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