BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1852
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          Date of Hearing:   April 29, 2014

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                               Susan A. Bonilla, Chair
                    AB 1852 (Campos) - As Amended:  April 22, 2014
           
          SUBJECT  :   Business: services to minors: background checks.

           SUMMARY  :   Requires a business providing services to minors,  
          including but not limited to academic tutors and instructors of  
          extracurricular activities, to disclose to parents or guardians  
          the business's policies relating to background checks of  
          employees and the type of background check conducted, and  
          exempts certain child care and medical facilities from this  
          requirement.  Specifically,  this bill  :  

          1)Requires a business that provides services to minors to  
            provide written notice to the parent or guardian of any minor  
            receiving those services regarding the business's policies  
            relating to obtaining criminal background checks for its  
            employees.

          2)Requires, if the business obtains criminal background checks  
            for employees, that the written notice include  a statement  
            regarding whether the criminal background check includes state  
            and federal criminal history information and the nature of the  
            types of offenses the program looks to identify.

          3)Defines a "business that provides services to minors" to mean  
            a business that meets both of the following:

             a)   Its primary purpose is the providing of an  
               extracurricular service or program of instruction,  
               including, but not limited to, academic tutors and  
               instructors of extracurricular activities for purpose of  
               learning; and,

             b)   It has adult employees who have supervisory or  
               disciplinary power over a child or children.

          4)Specifies that a "business that provides services to minors"  
            does not include a licensed child day care facility, a day  
            care center, or any medical treatment facility or hospital, as  
            specified.








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          5)Specifies that "written notice" may include posting the  
            information on the business's internet Web site.

          6)Provides that nothing in this bill shall require or authorize  
            a business, as specified, to disclose confidential criminal  
            history information, as specified.

          7)Specifies that compliance of these requirements is not a  
            violation of the Labor Code, as specified. 

           EXISTING LAW  

          1)Requires the California Department of Justice (DOJ) to  
            maintain state summary criminal history information and to  
            furnish state summary criminal history information to  
            statutorily authorized entities under certain circumstances.   
            (Penal Code Section (PC) 11105(a),(b))

          2)Authorizes a human resource agency or an employer to request  
            from DOJ records of all convictions or any arrest pending  
            adjudication involving specified offenses of a person who  
            applies for a license, employment, or a volunteer position in  
            which he or she would have supervisory or disciplinary power  
            over a minor or any person under his or her care.  (PC  
            11105.3(a))

          3)Requires any request to DOJ for records to include the  
            applicant's fingerprints, and requires DOJ to forward requests  
            for federal level criminal offender record information to the  
            Federal Bureau of Investigation (FBI) to be searched for any  
            record of arrests or convictions.  (PC 11105.3(b))

          4)Requires the agency or employer to notify the parents or  
            guardians of any minor who will be supervised or disciplined  
            by the employee or volunteer at least 10 days before the  
            prospective employee's or volunteer's start date if a request  
            reveals that he or she has been convicted of specified  
            offenses and has been hired.  (PC 11105.3(c))

          5)States that any criminal history information obtained, as  
            specified, is confidential and a recipient shall not disclose  
            its contents other than for the purpose for which it was  
            acquired.  (PC 11105.3(h)) 









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          6)Authorizes DOJ to provide subsequent state or federal arrest  
            or disposition notification to any entity authorized by state  
            or federal law to receive state or federal summary criminal  
            history information to assist in fulfilling employment,  
            licensing, certification duties, or the duties of approving  
            relative caregivers and nonrelative extended family members,  
            upon the arrest or disposition of any person whose  
            fingerprints are maintained on file at DOJ or the FBI as the  
            result of an application for licensing, employment,  
            certification, or approval.  (PC 11105.2(a))

          7)Requires any entity that submits the fingerprints of an  
            applicant for employment, licensing, certification, or  
            approval to DOJ for the purpose of establishing a record at  
            DOJ or the FBI to receive notification of subsequent arrest or  
            disposition to immediately notify DOJ if the applicant is not  
            subsequently employed, or if the applicant is denied licensing  
            certification, or approval.  (PC 11105.2(f))

          8)Prohibits a person who is required to register as a sex  
            offender because of a conviction for a crime in which the  
            victim was a minor under 16 years of age from being an  
            employer, employee, or independent contractor or acting as a  
            volunteer with any person, group or organization in a capacity  
            in which the registrant would be working directly and in an  
            unaccompanied setting with minor children on more than an  
            incidental and occasional basis or have supervision or  
            disciplinary power over minor children, and makes a violation  
            of this provision a misdemeanor.  (PC 290.95(c),(e))

           FISCAL EFFECT  :   None.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 

           COMMENTS  :   

           1)Purpose of this bill  .  This bill requires a business providing  
            instructional services to minors, such as music instruction or  
            math tutoring to provide a written notice to the parent or  
            guardian of the participating youth about the business's  
            background check policy for employees.  This bill specifically  
            exempts child care facilities such as day care centers and  
            medical facilities from the background check requirements.   
            This bill is sponsored by the author. 

           2)Author's statement  .  According to the author, "Parents and  








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            guardians of children should have as much information  
            available to them as possible so that they can make the best  
            decisions for their children.  This should include information  
            on whether or not a business that provides academic tutoring  
            or extracurricular instruction for purposes of learning does  
            background checks on their employees. This information should  
            be disclosed to parents.

            "This information is available for employees of  youth athletic  
            programs  but not for ALL businesses providing services to  
            minors.  This bill will expand protections that will help  
            allow parents to make informed decisions about which programs  
            they enroll their children in.  This bill seeks to operate as  
            a safeguard measure that would provide greater protections  
            against children being assaulted, abused and harmed."

           3)DOJ background checks  .  The DOJ has a robust system for  
            providing criminal history background checks that may be  
            required as a condition of employment, licensing, or  
            certification.  Currently, certain governmental and private  
            organizations may conduct criminal offender record information  
            background checks to help screen candidates for employment or  
            volunteering.  Law enforcement agencies, public and private  
            schools, non-profit organizations, and in-home supportive care  
            agencies are some of the organizations authorized to conduct  
            these fingerprint-based background checks.  
             
             This bill does not impose any new background check  
            requirements for companies or businesses that currently do not  
            conduct background checks, but simply requires those  
            businesses to disclose such policies to parents or guardians.   
            This bill also exempts certain day care and medical facilities  
            where employees are most likely already required to obtain  
            background checks as a condition of employment.

           4)Current background check policies  .  AB 465 (Bonilla and  
            Maienschein), Chapter 146, Statutes of 2014, explicitly  
            authorized a community youth athletic league to provide a  
            written notice to participants regarding their background  
            check policies.  AB 465 specifically requested background  
            check policy information to be shared with parents of children  
            participating in youth activities.  
             
             This bill is similar to AB 230 (Maienschein) of 2014, which  
            requires a community youth athletic program to disclose its  








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            background check policy to parents.  This bill mirrors those  
            requirements by requiring businesses which provide  
            extra-curricular services to minors, such as tutors, music and  
            art instructors, or others to provide parents with information  
            about their background check policies.  This bill also allows  
            the disclosure notice to be in writing or posted on the  
            business's Web site.  

           5)Problems with youth businesses  .  Recent news reports have  
            highlighted criminal behavior engaged in by individuals who  
            are outside of youth athletic leagues and traditional school  
            settings.  

          KABC News reported in August of 2012 that a 21-year-old tutor  
            was arrested for allegedly molesting a 14-year-old girl.   
            Police say the perpetrator met his victim while tutoring her  
            at Tutor Whiz in Corona.  Similarly, FOX 40 News reported in  
            October of 2013 that an after-school activity team-leader was  
            arrested for allegedly molesting two teen boys.  

          By requiring those businesses which provide instructional  
            services to minors to disclose their background check  
            policies, this bill aims to provide parents with additional  
            information relevant to the safety and security of a program  
            before enrolling a child.  

           6)Technical amendment  .  On page 2, line 16, strike "program" and  
            insert "business".

           7)Related legislation  .  AB 230 (Maienschein) of 2014 requires a  
            community youth athletic program, beginning January 1, 2016,  
            to provide written notice of its criminal background check  
            policy to the parent or guardian of any youth participating in  
            the program.  This bill is pending in the Senate Business,  
            Professions and Economic Development Committee.   

           8)Previous legislation  .  AB 465 (Bonilla and Maienschein)  
            Chapter 146, Statutes of 2013, authorizes a community youth  
            athletic program to request state- and federal-level  
            background checks for a volunteer coach or hired coach  
            candidate.  

             AB 1027 (Bonilla) of 2013, would have authorized a community  
            youth athletics program to request state- and federal-level  
            background checks for a volunteer coach or hired coach  








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            candidate.  This bill was held in Assembly Public Safety  
            Committee.  


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Crime Victims United of California

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Elissa Silva / B.,P. & C.P. / (916)  
          319-3301