BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1852|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1852
Author: Campos (D)
Amended: 5/5/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De León, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Business: services to minors: background checks
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS :
Existing law:
1. Requires the Department of Justice (DOJ) to maintain state
summary criminal history information and to furnish state
summary criminal history information to statutorily
CONTINUED
AB 1852
Page
2
authorized entities under certain circumstances.
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/she will have supervisory or disciplinary power over
a minor or any person under his/her care.
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.
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/she has been convicted of specified offenses
and has been hired.
5. 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.
6. 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.
7. 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
CONTINUED
AB 1852
Page
3
employer, employee, or independent contractor or acting as a
volunteer with any person, group or organization in a
capacity in which the registrant will 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.
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.
5. Specifies that "written notice" may include posting the
information on the business's Internet Web site.
6. Provides that nothing in this bill requires or authorizes a
CONTINUED
AB 1852
Page
4
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.
Comments
According to the author's office, parents and 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 includes 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 expands protections that helps allow parents
to make informed decisions about which programs they enroll
their children in. This bill seeks to operate as a safeguard
measure that provides greater protections against children being
assaulted, abused and harmed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/18/14)
Crime Victims United of California
ASSEMBLY FLOOR : 73-0, 5/8/14
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, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
CONTINUED
AB 1852
Page
5
Pérez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel Pérez, Vacancy
JG:d 6/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED