BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1511
                                                                  Page  1

          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
                                                                  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