BILL ANALYSIS Ó
AB 1511
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CONCURRENCE IN SENATE AMENDMENTS
AB 1511 (Beth Gaines)
As Amended August 5, 2014
Majority vote
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|ASSEMBLY: |78-0 |(April 21, |SENATE: |36-0 |(August 11, |
| | |2014) | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Allows 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, as specified.
The Senate amendments :
1)Allow an appropriate criminal justice agency to furnish state
summary criminal history information obtained through the
California Law Enforcement Telecommunications System (CLETS)
to an ACO who is authorized to exercise specified powers.
2)Require an appropriate criminal justice agency to respond to
the ACO with information as specified and to provide the
information in a timely manner.
3)Prohibit an ACO who receives state summary criminal history
information to use that information for any purpose other than
the performance of his or her duties.
4)Provide that a person authorized to provide or receive
information through CLETS who knowingly furnishes the
information to an unauthorized person is guilty of a
misdemeanor.
5)Add double-jointing language incorporating AB 1585 (Alejo) of
the current legislative session, should both bills become
enacted.
EXISTING LAW :
1)Requires the Department of Justice (DOJ) to maintain state
summary criminal history information.
AB 1511
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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.
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
AB 1511
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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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state 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: 0004398