BILL ANALYSIS Ó AB 1511 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1511 (Beth Gaines) As Amended August 5, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(April 21, |SENATE: |36-0 |(August 11, | | | |2014) | | |2014) | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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