Amended in Senate August 5, 2014

Amended in Assembly April 29, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2404


Introduced by Assembly Member Eggman

February 21, 2014


An act to amend Section 11105 of the Penal Code, relating to criminal history information.

LEGISLATIVE COUNSEL’S DIGEST

AB 2404, as amended, Eggman. Criminal history information.

Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities, including courts and probation officers, if needed in the course of their duties and authorizes the Attorney General to furnish state or federal summary criminal history information upon a showing of a compelling need to other persons or entities, including an illegal dumping enforcement officer or a peace officer of another country. Existing law requires the Department of Justice to disseminate specified information, including every conviction rendered against an applicant, whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for certain purposes, including for peace officer employment or certification purposes.

This bill would additionally require the Department of Justice to disseminate the sex offender registration status of an applicant when state summary criminal history is furnished for specified purposes.

begin insert

This bill would incorporate additional changes in Section 11105 of the Penal Code proposed by AB 1585, to be operative only if AB 1585 and this bill are both chaptered and become effective January 1, 2015, and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 11105 of the Penal Code is amended to
2read:

3

11105.  

(a) (1) The Department of Justice shall maintain state
4summary criminal history information.

5(2) As used in this section:

6(A) “State summary criminal history information” means the
7master record of information compiled by the Attorney General
8pertaining to the identification and criminal history of any person,
9such as name, date of birth, physical description, fingerprints,
10photographs, dates of arrests, arresting agencies and booking
11numbers, charges, dispositions, and similar data about the person.

12(B) “State summary criminal history information” does not refer
13to records and data compiled by criminal justice agencies other
14than the Attorney General, nor does it refer to records of complaints
15to or investigations conducted by, or records of intelligence
16information or security procedures of, the office of the Attorney
17General and the Department of Justice.

18(b) The Attorney General shall furnish state summary criminal
19history information to any of the following, if needed in the course
20of their duties, provided that when information is furnished to
21assist an agency, officer, or official of state or local government,
22a public utility, or any other entity, in fulfilling employment,
23certification, or licensing duties, Chapter 1321 of the Statutes of
241974 and Section 432.7 of the Labor Code shall apply:

25(1) The courts of the state.

26(2) Peace officers of the state, as defined in Section 830.1,
27subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
28830.3, subdivision (a) of Section 830.31, and subdivisions (a) and
29(b) of Section 830.5.

30(3) District attorneys of the state.

31(4) Prosecuting city attorneys of any city within the state.

P3    1(5) City attorneys pursuing civil gang injunctions pursuant to
2Section 186.22a, or drug abatement actions pursuant to Section
33479 or 3480 of the Civil Code, or Section 11571 of the Health
4and Safety Code.

5(6) Probation officers of the state.

6(7) Parole officers of the state.

7(8) A public defender or attorney of record when representing
8a person in proceedings upon a petition for a certificate of
9rehabilitation and pardon pursuant to Section 4852.08.

10(9) A public defender or attorney of record when representing
11a person in a criminal case, or a parole, mandatory supervision
12pursuant to paragraph (5) of subdivision (h) of Section 1170, or
13postrelease community supervision revocation or revocation
14extension proceeding, and if authorized access by statutory or
15decisional law.

16(10) Any agency, officer, or official of the state if the criminal
17history information is required to implement a statute or regulation
18that expressly refers to specific criminal conduct applicable to the
19subject person of the state summary criminal history information,
20and contains requirements or exclusions, or both, expressly based
21upon that specified criminal conduct. The agency, officer, or
22official of the state authorized by this paragraph to receive state
23summary criminal history information may also transmit fingerprint
24images and related information to the Department of Justice to be
25transmitted to the Federal Bureau of Investigation.

26(11) Any city or county, city and county, district, or any officer
27or official thereof if access is needed in order to assist that agency,
28officer, or official in fulfilling employment, certification, or
29licensing duties, and if the access is specifically authorized by the
30city council, board of supervisors, or governing board of the city,
31county, or district if the criminal history information is required
32to implement a statute, ordinance, or regulation that expressly
33refers to specific criminal conduct applicable to the subject person
34of the state summary criminal history information, and contains
35requirements or exclusions, or both, expressly based upon that
36specified criminal conduct. The city or county, city and county,
37district, or the officer or official thereof authorized by this
38paragraph may also transmit fingerprint images and related
39information to the Department of Justice to be transmitted to the
40Federal Bureau of Investigation.

P4    1(12) The subject of the state summary criminal history
2information under procedures established under Article 5
3(commencing with Section 11120).

4(13) Any person or entity when access is expressly authorized
5by statute if the criminal history information is required to
6implement a statute or regulation that expressly refers to specific
7criminal conduct applicable to the subject person of the state
8summary criminal history information, and contains requirements
9or exclusions, or both, expressly based upon that specified criminal
10conduct.

11(14) Health officers of a city, county, city and county, or district
12when in the performance of their official duties enforcing Section
13120175 of the Health and Safety Code.

14(15) Any managing or supervising correctional officer of a
15county jail or other county correctional facility.

16(16) Any humane society, or society for the prevention of cruelty
17to animals, for the specific purpose of complying with Section
1814502 of the Corporations Code for the appointment of humane
19officers.

20(17) Local child support agencies established by Section 17304
21of the Family Code. When a local child support agency closes a
22support enforcement case containing summary criminal history
23information, the agency shall delete or purge from the file and
24 destroy any documents or information concerning or arising from
25offenses for or of which the parent has been arrested, charged, or
26convicted, other than for offenses related to the parent’s having
27failed to provide support for minor children, consistent with the
28requirements of Section 17531 of the Family Code.

29(18) County child welfare agency personnel who have been
30delegated the authority of county probation officers to access state
31summary criminal history information pursuant to Section 272 of
32the Welfare and Institutions Code for the purposes specified in
33Section 16504.5 of the Welfare and Institutions Code. Information
34from criminal history records provided pursuant to this subdivision
35shall not be used for any purposes other than those specified in
36this section and Section 16504.5 of the Welfare and Institutions
37Code. When an agency obtains records obtained both on the basis
38of name checks and fingerprint checks, final placement decisions
39shall be based only on the records obtained pursuant to the
40fingerprint check.

P5    1(19) The court of a tribe, or court of a consortium of tribes, that
2has entered into an agreement with the state pursuant to Section
310553.1 of the Welfare and Institutions Code. This information
4may be used only for the purposes specified in Section 16504.5
5of the Welfare and Institutions Code and for tribal approval or
6tribal licensing of foster care or adoptive homes. Article 6
7(commencing with Section 11140) shall apply to officers, members,
8and employees of a tribal court receiving criminal record offender
9information pursuant to this section.

10(20) Child welfare agency personnel of a tribe or consortium
11of tribes that has entered into an agreement with the state pursuant
12to Section 10553.1 of the Welfare and Institutions Code and to
13whom the state has delegated duties under paragraph (2) of
14subdivision (a) of Section 272 of the Welfare and Institutions Code.
15The purposes for use of the information shall be for the purposes
16specified in Section 16504.5 of the Welfare and Institutions Code
17and for tribal approval or tribal licensing of foster care or adoptive
18homes. When an agency obtains records on the basis of name
19checks and fingerprint checks, final placement decisions shall be
20based only on the records obtained pursuant to the fingerprint
21check. Article 6 (commencing with Section 11140) shall apply to
22child welfare agency personnel receiving criminal record offender
23information pursuant to this section.

24(21) An officer providing conservatorship investigations
25pursuant to Sections 5351, 5354, and 5356 of the Welfare and
26Institutions Code.

27(22) A court investigator providing investigations or reviews
28in conservatorships pursuant to Section 1826, 1850, 1851, or
29 2250.6 of the Probate Code.

30(23) A person authorized to conduct a guardianship investigation
31pursuant to Section 1513 of the Probate Code.

32(24) A humane officer pursuant to Section 14502 of the
33Corporations Code for the purposes of performing his or her duties.

34(25) A public agency described in subdivision (b) of Section
3515975 of the Government Code, for the purpose of oversight and
36enforcement policies with respect to its contracted providers.

37(c) The Attorney General may furnish state summary criminal
38history information and, when specifically authorized by this
39subdivision, federal level criminal history information upon a
40showing of a compelling need to any of the following, provided
P6    1that when information is furnished to assist an agency, officer, or
2official of state or local government, a public utility, or any other
3entity in fulfilling employment, certification, or licensing duties,
4Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
5Labor Code shall apply:

6(1) Any public utility, as defined in Section 216 of the Public
7Utilities Code, that operates a nuclear energy facility when access
8is needed in order to assist in employing persons to work at the
9facility, provided that, if the Attorney General supplies the data,
10he or she shall furnish a copy of the data to the person to whom
11the data relates.

12(2) To a peace officer of the state other than those included in
13subdivision (b).

14(3) To an illegal dumping enforcement officer as defined in
15subdivision (j) of Section 830.7.

16(4) To a peace officer of another country.

17(5) To public officers, other than peace officers, of the United
18States, other states, or possessions or territories of the United
19States, provided that access to records similar to state summary
20criminal history information is expressly authorized by a statute
21of the United States, other states, or possessions or territories of
22the United States if the information is needed for the performance
23of their official duties.

24(6) To any person when disclosure is requested by a probation,
25parole, or peace officer with the consent of the subject of the state
26summary criminal history information and for purposes of
27furthering the rehabilitation of the subject.

28(7) The courts of the United States, other states, or territories
29or possessions of the United States.

30(8) Peace officers of the United States, other states, or territories
31or possessions of the United States.

32(9) To any individual who is the subject of the record requested
33if needed in conjunction with an application to enter the United
34States or any foreign nation.

35(10) (A) (i) Any public utility, as defined in Section 216 of the
36Public Utilities Code, or any cable corporation as defined in
37subparagraph (B), if receipt of criminal history information is
38needed in order to assist in employing current or prospective
39employees, contract employees, or subcontract employees who,
40in the course of their employment may be seeking entrance to
P7    1private residences or adjacent grounds. The information provided
2shall be limited to the record of convictions and any arrest for
3which the person is released on bail or on his or her own
4recognizance pending trial.

5(ii) If the Attorney General supplies the data pursuant to this
6paragraph, the Attorney General shall furnish a copy of the data
7to the current or prospective employee to whom the data relates.

8(iii) Any information obtained from the state summary criminal
9history is confidential and the receiving public utility or cable
10corporation shall not disclose its contents, other than for the
11purpose for which it was acquired. The state summary criminal
12history information in the possession of the public utility or cable
13corporation and all copies made from it shall be destroyed not
14more than 30 days after employment or promotion or transfer is
15denied or granted, except for those cases where a current or
16prospective employee is out on bail or on his or her own
17recognizance pending trial, in which case the state summary
18criminal history information and all copies shall be destroyed not
19more than 30 days after the case is resolved.

20(iv) A violation of this paragraph is a misdemeanor, and shall
21give the current or prospective employee who is injured by the
22violation a cause of action against the public utility or cable
23corporation to recover damages proximately caused by the
24violations. Any public utility’s or cable corporation’s request for
25state summary criminal history information for purposes of
26employing current or prospective employees who may be seeking
27entrance to private residences or adjacent grounds in the course
28of their employment shall be deemed a “compelling need” as
29required to be shown in this subdivision.

30(v) This section shall not be construed as imposing any duty
31upon public utilities or cable corporations to request state summary
32criminal history information on any current or prospective
33employees.

34(B) For purposes of this paragraph, “cable corporation” means
35any corporation or firm that transmits or provides television,
36computer, or telephone services by cable, digital, fiber optic,
37satellite, or comparable technology to subscribers for a fee.

38(C) Requests for federal level criminal history information
39received by the Department of Justice from entities authorized
40pursuant to subparagraph (A) shall be forwarded to the Federal
P8    1Bureau of Investigation by the Department of Justice. Federal level
2criminal history information received or compiled by the
3 Department of Justice may then be disseminated to the entities
4referenced in subparagraph (A), as authorized by law.

5(D) (i) Authority for a cable corporation to request state or
6federal level criminal history information under this paragraph
7shall commence July 1, 2005.

8(ii) Authority for a public utility to request federal level criminal
9history information under this paragraph shall commence July 1,
102005.

11(11) To any campus of the California State University or the
12University of California, or any four year college or university
13accredited by a regional accreditation organization approved by
14the United States Department of Education, if needed in
15conjunction with an application for admission by a convicted felon
16to any special education program for convicted felons, including,
17but not limited to, university alternatives and halfway houses. Only
18conviction information shall be furnished. The college or university
19may require the convicted felon to be fingerprinted, and any inquiry
20to the department under this section shall include the convicted
21felon’s fingerprints and any other information specified by the
22department.

23(12) To any foreign government, if requested by the individual
24who is the subject of the record requested, if needed in conjunction
25with the individual’s application to adopt a minor child who is a
26citizen of that foreign nation. Requests for information pursuant
27to this paragraph shall be in accordance with the process described
28in Sections 11122 to 11124, inclusive. The response shall be
29provided to the foreign government or its designee and to the
30individual who requested the information.

31(d) Whenever an authorized request for state summary criminal
32 history information pertains to a person whose fingerprints are on
33file with the Department of Justice and the department has no
34criminal history of that person, and the information is to be used
35for employment, licensing, or certification purposes, the fingerprint
36card accompanying the request for information, if any, may be
37stamped “no criminal record” and returned to the person or entity
38making the request.

39(e) Whenever state summary criminal history information is
40furnished as the result of an application and is to be used for
P9    1employment, licensing, or certification purposes, the Department
2of Justice may charge the person or entity making the request a
3fee that it determines to be sufficient to reimburse the department
4for the cost of furnishing the information. In addition, the
5Department of Justice may add a surcharge to the fee to fund
6maintenance and improvements to the systems from which the
7information is obtained. Notwithstanding any other law, any person
8or entity required to pay a fee to the department for information
9received under this section may charge the applicant a fee sufficient
10to reimburse the person or entity for this expense. All moneys
11received by the department pursuant to this section, Sections
1211105.3 and 26190, and former Section 13588 of the Education
13Code shall be deposited in a special account in the General Fund
14to be available for expenditure by the department to offset costs
15incurred pursuant to those sections and for maintenance and
16improvements to the systems from which the information is
17obtained upon appropriation by the Legislature.

18(f) Whenever there is a conflict, the processing of criminal
19fingerprints and fingerprints of applicants for security guard or
20alarm agent registrations or firearms qualification permits
21submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
22of the Business and Professions Code shall take priority over the
23processing of other applicant fingerprints.

24(g) It is not a violation of this section to disseminate statistical
25or research information obtained from a record, provided that the
26identity of the subject of the record is not disclosed.

27(h) It is not a violation of this section to include information
28obtained from a record in (1) a transcript or record of a judicial or
29administrative proceeding or (2) any other public record if the
30inclusion of the information in the public record is authorized by
31a court, statute, or decisional law.

32(i) Notwithstanding any other law, the Department of Justice
33or any state or local law enforcement agency may require the
34submission of fingerprints for the purpose of conducting summary
35criminal history information checks that are authorized by law.

36(j) The state summary criminal history information shall include
37any finding of mental incompetence pursuant to Chapter 6
38(commencing with Section 1367) of Title 10 of Part 2 arising out
39of a complaint charging a felony offense specified in Section 290.

P10   1(k) (1) This subdivision shall apply whenever state or federal
2summary criminal history information is furnished by the
3Department of Justice as the result of an application by an
4authorized agency or organization and the information is to be
5used for peace officer employment or certification purposes. As
6used in this subdivision, a peace officer is defined in Chapter 4.5
7(commencing with Section 830) of Title 3 of Part 2.

8(2) Notwithstanding any other law, whenever state summary
9criminal history information is initially furnished pursuant to
10paragraph (1), the Department of Justice shall disseminate the
11following information:

12(A) Every conviction rendered against the applicant.

13(B) Every arrest for an offense for which the applicant is
14presently awaiting trial, whether the applicant is incarcerated or
15has been released on bail or on his or her own recognizance
16pending trial.

17(C) Every arrest or detention, except for an arrest or detention
18resulting in an exoneration, provided, however, that where the
19records of the Department of Justice do not contain a disposition
20for the arrest, the Department of Justice first makes a genuine effort
21to determine the disposition of the arrest.

22(D) Every successful diversion.

23(E) Every date and agency name associated with all retained
24peace officer or nonsworn law enforcement agency employee
25preemployment criminal offender record information search
26requests.

27(F) Sex offender registration status of the applicant.

28(l) (1) This subdivision shall apply whenever state or federal
29summary criminal history information is furnished by the
30Department of Justice as the result of an application by a criminal
31justice agency or organization as defined in Section 13101, and
32the information is to be used for criminal justice employment,
33licensing, or certification purposes.

34(2) Notwithstanding any other law, whenever state summary
35criminal history information is initially furnished pursuant to
36paragraph (1), the Department of Justice shall disseminate the
37following information:

38(A) Every conviction rendered against the applicant.

39(B) Every arrest for an offense for which the applicant is
40presently awaiting trial, whether the applicant is incarcerated or
P11   1has been released on bail or on his or her own recognizance
2pending trial.

3(C) Every arrest for an offense for which the records of the
4Department of Justice do not contain a disposition or did not result
5in a conviction, provided that the Department of Justice first makes
6a genuine effort to determine the disposition of the arrest. However,
7information concerning an arrest shall not be disclosed if the
8records of the Department of Justice indicate or if the genuine
9effort reveals that the subject was exonerated, successfully
10completed a diversion or deferred entry of judgment program, or
11the arrest was deemed a detention.

12(D) Every date and agency name associated with all retained
13peace officer or nonsworn law enforcement agency employee
14preemployment criminal offender record information search
15requests.

16(E) Sex offender registration status of the applicant.

17(m) (1) This subdivision shall apply whenever state or federal
18summary criminal history information is furnished by the
19Department of Justice as the result of an application by an
20authorized agency or organization pursuant to Section 1522,
211568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
22any statute that incorporates the criteria of any of those sections
23or this subdivision by reference, and the information is to be used
24for employment, licensing, or certification purposes.

25(2) Notwithstanding any other law, whenever state summary
26criminal history information is initially furnished pursuant to
27paragraph (1), the Department of Justice shall disseminate the
28following information:

29(A) Every conviction of an offense rendered against the
30applicant.

31(B) Every arrest for an offense for which the applicant is
32presently awaiting trial, whether the applicant is incarcerated or
33has been released on bail or on his or her own recognizance
34pending trial.

35(C) Every arrest for an offense for which the State Department
36of Social Services is required by paragraph (1) of subdivision (a)
37of Section 1522 of the Health and Safety Code to determine if an
38applicant has been arrested. However, if the records of the
39Department of Justice do not contain a disposition for an arrest,
P12   1the Department of Justice shall first make a genuine effort to
2determine the disposition of the arrest.

3(D) Sex offender registration status of the applicant.

4(3) Notwithstanding the requirements of the sections referenced
5in paragraph (1) of this subdivision, the Department of Justice
6shall not disseminate information about an arrest subsequently
7deemed a detention or an arrest that resulted in either the successful
8completion of a diversion program or exoneration.

9(n) (1) This subdivision shall apply whenever state or federal
10summary criminal history information, to be used for employment,
11licensing, or certification purposes, is furnished by the Department
12of Justice as the result of an application by an authorized agency,
13organization, or individual pursuant to any of the following:

14(A) Paragraph (10) of subdivision (c), when the information is
15to be used by a cable corporation.

16(B) Section 11105.3 or 11105.4.

17(C) Section 15660 of the Welfare and Institutions Code.

18(D) Any statute that incorporates the criteria of any of the
19statutory provisions listed in subparagraph (A), (B), or (C), or of
20this subdivision, by reference.

21(2) With the exception of applications submitted by
22transportation companies authorized pursuant to Section 11105.3,
23and notwithstanding any other law, whenever state summary
24criminal history information is initially furnished pursuant to
25 paragraph (1), the Department of Justice shall disseminate the
26following information:

27(A) Every conviction rendered against the applicant for a
28violation or attempted violation of any offense specified in
29subdivision (a) of Section 15660 of the Welfare and Institutions
30Code. However, with the exception of those offenses for which
31registration is required pursuant to Section 290, the Department
32of Justice shall not disseminate information pursuant to this
33subdivision unless the conviction occurred within 10 years of the
34date of the agency’s request for information or the conviction is
35over 10 years old but the subject of the request was incarcerated
36within 10 years of the agency’s request for information.

37(B) Every arrest for a violation or attempted violation of an
38offense specified in subdivision (a) of Section 15660 of the Welfare
39and Institutions Code for which the applicant is presently awaiting
P13   1trial, whether the applicant is incarcerated or has been released on
2bail or on his or her own recognizance pending trial.

3(C) Sex offender registration status of the applicant.

4(o) (1) This subdivision shall apply whenever state or federal
5summary criminal history information is furnished by the
6Department of Justice as the result of an application by an
7authorized agency or organization pursuant to Section 379 or 550
8of the Financial Code, or any statute that incorporates the criteria
9of either of those sections or this subdivision by reference, and the
10information is to be used for employment, licensing, or certification
11purposes.

12(2) Notwithstanding any other law, whenever state summary
13criminal history information is initially furnished pursuant to
14paragraph (1), the Department of Justice shall disseminate the
15following information:

16(A) Every conviction rendered against the applicant for a
17violation or attempted violation of any offense specified in Section
18550 of the Financial Code.

19(B) Every arrest for a violation or attempted violation of an
20offense specified in Section 550 of the Financial Code for which
21the applicant is presently awaiting trial, whether the applicant is
22incarcerated or has been released on bail or on his or her own
23recognizance pending trial.

24(p) (1) This subdivision shall apply whenever state or federal
25criminal history information is furnished by the Department of
26Justice as the result of an application by an agency, organization,
27or individual not defined in subdivision (k), (l), (m), (n), or (o), or
28by a transportation company authorized pursuant to Section
2911105.3, or any statute that incorporates the criteria of that section
30or this subdivision by reference, and the information is to be used
31for employment, licensing, or certification purposes.

32(2) Notwithstanding any other law, whenever state summary
33criminal history information is initially furnished pursuant to
34paragraph (1), the Department of Justice shall disseminate the
35following information:

36(A) Every conviction rendered against the applicant.

37(B) Every arrest for an offense for which the applicant is
38presently awaiting trial, whether the applicant is incarcerated or
39has been released on bail or on his or her own recognizance
40pending trial.

P14   1(C) Sex offender registration status of the applicant.

2(q) All agencies, organizations, or individuals defined in
3subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
4Department of Justice for subsequent notification pursuant to
5Section 11105.2. This subdivision shall not supersede sections that
6mandate an agency, organization, or individual to contract with
7the Department of Justice for subsequent notification pursuant to
8Section 11105.2.

9(r) This section does not require the Department of Justice to
10cease compliance with any other statutory notification
11requirements.

12(s) The provisions of Section 50.12 of Title 28 of the Code of
13Federal Regulations are to be followed in processing federal
14criminal history information.

15(t) Whenever state or federal summary criminal history
16 information is furnished by the Department of Justice as the result
17of an application by an authorized agency, organization, or
18individual defined in subdivisions (k) to (p), inclusive, and the
19information is to be used for employment, licensing, or certification
20purposes, the authorized agency, organization, or individual shall
21expeditiously furnish a copy of the information to the person to
22whom the information relates if the information is a basis for an
23adverse employment, licensing, or certification decision. When
24furnished other than in person, the copy shall be delivered to the
25last contact information provided by the applicant.

26begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 11105 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

27

11105.  

(a) (1) The Department of Justice shall maintain state
28summary criminal history information.

29(2) As used in this section:

30(A) “State summary criminal history information” means the
31master record of information compiled by the Attorney General
32pertaining to the identification and criminal history of any person,
33such as name, date of birth, physical description, fingerprints,
34photographs, dates of arrests, arresting agencies and booking
35numbers, charges, dispositions, and similar data about the person.

36(B) “State summary criminal history information” does not refer
37to records and data compiled by criminal justice agencies other
38than the Attorney General, nor does it refer to records of complaints
39to or investigations conducted by, or records of intelligence
P15   1information or security procedures of, the office of the Attorney
2General and the Department of Justice.

3(b) The Attorney General shall furnish state summary criminal
4history information to any of the following, if needed in the course
5of their duties, provided that when information is furnished to
6assist an agency, officer, or official of state or local government,
7a public utility, or any other entity, in fulfilling employment,
8certification, or licensing duties, Chapter 1321 of the Statutes of
91974 and Section 432.7 of the Labor Code shall apply:

10(1) The courts of the state.

11(2) Peace officers of the state, as defined in Section 830.1,
12subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
13830.3,begin insert subdivision (a) of Section 830.31, andend insert subdivisions (a) and
14(b) of Sectionbegin delete 830.5, and subdivision (a) of Section 830.31end deletebegin insert 830.5end insert.

15(3) District attorneys of the state.

16(4) Prosecuting city attorneys of any city within the state.

17(5) City attorneys pursuing civil gang injunctions pursuant to
18Section 186.22a, or drug abatement actions pursuant to Section
193479 or 3480 of the Civil Code, or Section 11571 of the Health
20and Safety Code.

21(6) Probation officers of the state.

22(7) Parole officers of the state.

23(8) A public defender or attorney of record when representing
24a person in proceedings upon a petition for a certificate of
25rehabilitation and pardon pursuant to Section 4852.08.

26(9) A public defender or attorney of record when representing
27a person in a criminal case, or a parole, mandatory supervision
28pursuant to paragraph (5) of subdivision (h) of Section 1170, or
29postrelease community supervision revocation or revocation
30extension proceeding, and if authorized access by statutory or
31decisional law.

32(10) Any agency, officer, or official of the state if the criminal
33history information is required to implement a statute or regulation
34that expressly refers to specific criminal conduct applicable to the
35subject person of the state summary criminal history information,
36and contains requirements or exclusions, or both, expressly based
37upon that specified criminal conduct. The agency, officer, or
38official of the state authorized by this paragraph to receive state
39summary criminal history information may also transmit fingerprint
P16   1images and related information to the Department of Justice to be
2transmitted to the Federal Bureau of Investigation.

3(11) Any city or county, city and county, district, or any officer
4or official thereof if access is needed in order to assist that agency,
5officer, or official in fulfilling employment, certification, or
6licensing duties, and if the access is specifically authorized by the
7city council, board of supervisors, or governing board of the city,
8county, or district if the criminal history information is required
9to implement a statute, ordinance, or regulation that expressly
10refers to specific criminal conduct applicable to the subject person
11of the state summary criminal history information, and contains
12requirements or exclusions, or both, expressly based upon that
13specified criminal conduct. The city or county, city and county,
14district, or the officer or official thereof authorized by this
15paragraph may also transmit fingerprint images and related
16information to the Department of Justice to be transmitted to the
17Federal Bureau of Investigation.

18(12) The subject of the state summary criminal history
19information under procedures established under Article 5
20(commencing with Section 11120).

21(13) Any person or entity when access is expressly authorized
22by statute if the criminal history information is required to
23implement a statute or regulation that expressly refers to specific
24criminal conduct applicable to the subject person of the state
25summary criminal history information, and contains requirements
26or exclusions, or both, expressly based upon that specified criminal
27conduct.

28(14) Health officers of a city, county, city and county, or district
29when in the performance of their official duties enforcing Section
30120175 of the Health and Safety Code.

31(15) Any managing or supervising correctional officer of a
32county jail or other county correctional facility.

33(16) Any humane society, or society for the prevention of cruelty
34to animals, for the specific purpose of complying with Section
3514502 of the Corporations Code for the appointment of humane
36officers.

37(17) Local child support agencies established by Section 17304
38of the Family Code. When a local child support agency closes a
39support enforcement case containing summary criminal history
40information, the agency shall delete or purge from the file and
P17   1destroy any documents or information concerning or arising from
2offenses for or of which the parent has been arrested, charged, or
3convicted, other than for offenses related to the parent’s having
4failed to provide support for minor children, consistent with the
5 requirements of Section 17531 of the Family Code.

6(18) County child welfare agency personnel who have been
7delegated the authority of county probation officers to access state
8summary criminal history information pursuant to Section 272 of
9the Welfare and Institutions Code for the purposes specified in
10Section 16504.5 of the Welfare and Institutions Code. Information
11from criminal history records provided pursuant to this subdivision
12shall not be used for any purposes other than those specified in
13this section and Section 16504.5 of the Welfare and Institutions
14Code. When an agency obtains records obtained both on the basis
15of name checks and fingerprint checks, final placement decisions
16shall be based only on the records obtained pursuant to the
17fingerprint check.

18(19) The court of a tribe, or court of a consortium of tribes, that
19has entered into an agreement with the state pursuant to Section
2010553.1 of the Welfare and Institutions Code. This information
21may be used only for the purposes specified in Section 16504.5
22of the Welfare and Institutions Code and for tribal approval or
23tribal licensing of foster care or adoptive homes. Article 6
24(commencing with Section 11140) shall apply to officers, members,
25and employees of a tribal court receiving criminal record offender
26information pursuant to this section.

27(20) Child welfare agency personnel of a tribe or consortium
28of tribes that has entered into an agreement with the state pursuant
29to Section 10553.1 of the Welfare and Institutions Code and to
30whom the state has delegated duties under paragraph (2) of
31subdivision (a) of Section 272 of the Welfare and Institutions Code.
32The purposes for use of the information shall be for the purposes
33specified in Section 16504.5 of the Welfare and Institutions Code
34and for tribal approval or tribal licensing of foster care or adoptive
35homes. When an agency obtains records on the basis of name
36checks and fingerprint checks, final placement decisions shall be
37based only on the records obtained pursuant to the fingerprint
38check. Article 6 (commencing with Section 11140) shall apply to
39child welfare agency personnel receiving criminal record offender
40information pursuant to this section.

P18   1(21) An officer providing conservatorship investigations
2pursuant to Sections 5351, 5354, and 5356 of the Welfare and
3Institutions Code.

4(22) A court investigator providing investigations or reviews
5in conservatorships pursuant to Section 1826, 1850, 1851, or
62250.6 of the Probate Code.

7(23) A person authorized to conduct a guardianship investigation
8pursuant to Section 1513 of the Probate Code.

9(24) A humane officer pursuant to Section 14502 of the
10Corporations Code for the purposes of performing his or her duties.

11(25) A public agency described in subdivision (b) of Section
1215975 of the Government Code, for the purpose of oversight and
13enforcement policies with respect to its contracted providers.

14(c) The Attorney General may furnish state summary criminal
15history information and, when specifically authorized by this
16subdivision, federal level criminal history information upon a
17showing of a compelling need to any of the following, provided
18that when information is furnished to assist an agency, officer, or
19official of state or local government, a public utility, or any other
20entity in fulfilling employment, certification, or licensing duties,
21Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
22Labor Code shall apply:

23(1) Any public utility, as defined in Section 216 of the Public
24Utilities Code, that operates a nuclear energy facility when access
25is needed in order to assist in employing persons to work at the
26facility, provided that, if the Attorney General supplies the data,
27he or she shall furnish a copy of the data to the person to whom
28the data relates.

29(2) To a peace officer of the state other than those included in
30subdivision (b).

31(3) To an illegal dumping enforcement officer as defined in
32subdivision (j) of Section 830.7.

33(4) To a peace officer of another country.

34(5) To public officers, other than peace officers, of the United
35States, other states, or possessions or territories of the United
36 States, provided that access to records similar to state summary
37criminal history information is expressly authorized by a statute
38of the United States, other states, or possessions or territories of
39the United States if the information is needed for the performance
40of their official duties.

P19   1(6) To any person when disclosure is requested by a probation,
2parole, or peace officer with the consent of the subject of the state
3summary criminal history information and for purposes of
4furthering the rehabilitation of the subject.

5(7) The courts of the United States, other states, or territories
6or possessions of the United States.

7(8) Peace officers of the United States, other states, or territories
8or possessions of the United States.

9(9) To any individual who is the subject of the record requested
10if needed in conjunction with an application to enter the United
11States or any foreign nation.

12(10) (A) (i) Any public utility, as defined in Section 216 of the
13Public Utilities Code, or any cable corporation as defined in
14subparagraph (B), if receipt of criminal history information is
15needed in order to assist in employing current or prospective
16employees, contract employees, or subcontract employees who,
17in the course of their employmentbegin insert,end insert may be seeking entrance to
18private residences or adjacent grounds. The information provided
19shall be limited to the record of convictions and any arrest for
20 which the person is released on bail or on his or her own
21recognizance pending trial.

22(ii) If the Attorney General supplies the data pursuant to this
23paragraph, the Attorney General shall furnish a copy of the data
24to the current or prospective employee to whom the data relates.

25(iii) Any information obtained from the state summary criminal
26history is confidential and the receiving public utility or cable
27corporation shall not disclose its contents, other than for the
28purpose for which it was acquired. The state summary criminal
29history information in the possession of the public utility or cable
30corporation and all copies made from it shall be destroyed not
31more than 30 days after employment or promotion or transfer is
32denied or granted, except for those cases where a current or
33prospective employee is out on bail or on his or her own
34recognizance pending trial, in which case the state summary
35criminal history information and all copies shall be destroyed not
36more than 30 days after the case is resolved.

37(iv) A violation of this paragraph is a misdemeanor, and shall
38give the current or prospective employee who is injured by the
39violation a cause of action against the public utility or cable
40corporation to recover damages proximately caused by the
P20   1violations. Any public utility’s or cable corporation’s request for
2state summary criminal history information for purposes of
3employing current or prospective employees who may be seeking
4entrance to private residences or adjacent grounds in the course
5of their employment shall be deemed a “compelling need” as
6required to be shown in this subdivision.

7(v) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert be construed as
8imposing any duty upon public utilities or cable corporations to
9request state summary criminal history information on any current
10or prospective employees.

11(B) For purposes of this paragraph, “cable corporation” means
12any corporation or firm that transmits or provides television,
13computer, or telephone services by cable, digital, fiber optic,
14satellite, or comparable technology to subscribers for a fee.

15(C) Requests for federal level criminal history information
16received by the Department of Justice from entities authorized
17pursuant to subparagraph (A) shall be forwarded to the Federal
18Bureau of Investigation by the Department of Justice. Federal level
19criminal history information received or compiled by the
20Department of Justice may then be disseminated to the entities
21referenced in subparagraph (A), as authorized by law.

22(D) (i) Authority for a cable corporation to request state or
23federal level criminal history information under this paragraph
24shall commence July 1, 2005.

25(ii) Authority for a public utility to request federal level criminal
26history information under this paragraph shall commence July 1,
272005.

28(11) To any campus of the California State University or the
29University of California, or any four year college or university
30accredited by a regional accreditation organization approved by
31the United States Department of Education, if needed in
32conjunction with an application for admission by a convicted felon
33to any special education program for convicted felons, including,
34but not limited to, university alternatives and halfway houses. Only
35conviction information shall be furnished. The college or university
36may require the convicted felon to be fingerprinted, and any inquiry
37to the department under this section shall include the convicted
38felon’s fingerprints and any other information specified by the
39department.

P21   1(12) To any foreign government, if requested by the individual
2who is the subject of the record requested, if needed in conjunction
3with the individual’s application to adopt a minor child who is a
4citizen of that foreign nation. Requests for information pursuant
5to this paragraph shall be in accordance with the process described
6in Sections 11122 to 11124, inclusive. The response shall be
7provided to the foreign government or its designee and to the
8individual who requested the information.

9(d) Whenever an authorized request for state summary criminal
10history information pertains to a person whose fingerprints are on
11file with the Department of Justice and the department has no
12criminal history of that person, and the information is to be used
13for employment, licensing, or certification purposes, the fingerprint
14card accompanying the request for information, if any, may be
15stamped “no criminal record” and returned to the person or entity
16making the request.

17(e) Whenever state summary criminal history information is
18furnished as the result of an application and is to be used for
19employment, licensing, or certification purposes, the Department
20of Justice may charge the person or entity making the request a
21fee that it determines to be sufficient to reimburse the department
22for the cost of furnishing the information. In addition, the
23Department of Justice may add a surcharge to the fee to fund
24maintenance and improvements to the systems from which the
25information is obtained. Notwithstanding any other law, any person
26or entity required to pay a fee to the department for information
27received under this section may charge the applicant a fee sufficient
28to reimburse the person or entity for this expense. All moneys
29received by the department pursuant to this section, Sections
3011105.3 and 26190, and former Section 13588 of the Education
31Code shall be deposited in a special account in the General Fund
32to be available for expenditure by the department to offset costs
33incurred pursuant to those sections and for maintenance and
34improvements to the systems from which the information is
35obtained upon appropriation by the Legislature.

36(f) Whenever there is a conflict, the processing of criminal
37fingerprints and fingerprints of applicants for security guard or
38alarm agent registrations or firearms qualification permits
39submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
P22   1of the Business and Professions Code shall take priority over the
2processing of other applicant fingerprints.

3(g) It is not a violation of this section to disseminate statistical
4or research information obtained from a record, provided that the
5identity of the subject of the record is not disclosed.

6(h) It is not a violation of this section to include information
7obtained from a record in (1) a transcript or record of a judicial or
8administrative proceeding or (2) any other public record if the
9inclusion of the information in the public record is authorized by
10a court, statute, or decisional law.

11(i) Notwithstanding any other law, the Department of Justice
12or any state or local law enforcement agency may require the
13submission of fingerprints for the purpose of conducting summary
14criminal history information checks that are authorized by law.

15(j) The state summary criminal history information shall include
16any finding of mental incompetence pursuant to Chapter 6
17(commencing with Section 1367) of Title 10 of Part 2 arising out
18of a complaint charging a felony offense specified in Section 290.

19(k) (1) This subdivision shall apply whenever state or federal
20summary criminal history information is furnished by the
21Department of Justice as the result of an application by an
22authorized agency or organization and the information is to be
23used for peace officer employment or certification purposes. As
24used in this subdivision, a peace officer is defined in Chapter 4.5
25(commencing with Section 830) of Title 3 of Part 2.

26(2) Notwithstanding any otherbegin delete provision ofend delete law, whenever state
27summary criminal history information is initially furnished
28pursuant to paragraph (1), the Department of Justice shall
29disseminate the following information:

30(A) Every conviction rendered against the applicant.

31(B) Every arrest for an offense for which the applicant is
32presently awaiting trial, whether the applicant is incarcerated or
33has been released on bail or on his or her own recognizance
34pending trial.

35(C) Every arrest or detention, except for an arrest or detention
36resulting in an exoneration, provided, however, that where the
37records of the Department of Justice do not contain a disposition
38for the arrest, the Department of Justice first makes a genuine effort
39to determine the disposition of the arrest.

40(D) Every successful diversion.

P23   1(E) Every date and agency name associated with all retained
2peace officer or nonsworn law enforcement agency employee
3preemployment criminal offender record information search
4requests.

begin insert

5(F) Sex offender registration status of the applicant.

end insert

6(l) (1) This subdivision shall apply whenever state or federal
7summary criminal history information is furnished by the
8Department of Justice as the result of an application by a criminal
9justice agency or organization as defined in Section 13101, and
10the information is to be used for criminal justice employment,
11licensing, or certification purposes.

12(2) Notwithstanding any otherbegin delete provision ofend delete law, whenever state
13summary criminal history information is initially furnished
14pursuant to paragraph (1), the Department of Justice shall
15disseminate the following information:

16(A) Every conviction rendered against the applicant.

17(B) Every arrest for an offense for which the applicant is
18presently awaiting trial, whether the applicant is incarcerated or
19has been released on bail or on his or her own recognizance
20pending trial.

21(C) Every arrest for an offense for which the records of the
22Department of Justice do not contain a disposition or did not result
23in a conviction, provided that the Department of Justice first makes
24a genuine effort to determine the disposition of the arrest. However,
25information concerning an arrest shall not be disclosed if the
26records of the Department of Justice indicate or if the genuine
27effort reveals that the subject was exonerated, successfully
28completed a diversion or deferred entry of judgment program, or
29the arrest was deemed a detention.

30(D) Every date and agency name associated with all retained
31peace officer or nonsworn law enforcement agency employee
32preemployment criminal offender record information search
33requests.

begin insert

34(E) Sex offender registration status of the applicant.

end insert

35(m) (1) This subdivision shall apply whenever state or federal
36summary criminal history information is furnished by the
37Department of Justice as the result of an application by an
38authorized agency or organization pursuant to Section 1522,
391568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
40any statute that incorporates the criteria of any of those sections
P24   1or this subdivision by reference, and the information is to be used
2for employment, licensing, or certification purposes.

3(2) Notwithstanding any other provision of law, whenever state
4summary criminal history information is initially furnished
5pursuant to paragraph (1), the Department of Justice shall
6disseminate the following information:

7(A) Every conviction of an offense rendered against the
8applicantbegin insert, except a conviction for which relief has been granted
9pursuant to Section 1203.49end insert
.

10(B) Every arrest for an offense for which the applicant is
11presently awaiting trial, whether the applicant is incarcerated or
12has been released on bail or on his or her own recognizance
13pending trial.

14(C) Every arrest for an offense for which the Department of
15Social Services is required by paragraph (1) of subdivision (a) of
16Section 1522 of the Health and Safety Code to determine if an
17applicant has been arrested. However, if the records of the
18Department of Justice do not contain a disposition for an arrest,
19the Department of Justice shall first make a genuine effort to
20determine the disposition of the arrest.

begin insert

21(D) Sex offender registration status of the applicant.

end insert

22(3) Notwithstanding the requirements of the sections referenced
23in paragraph (1) of this subdivision, the Department of Justice
24shall not disseminate information about an arrest subsequently
25deemed a detention or an arrest that resulted in either the successful
26completion of a diversion program or exoneration.

27(n) (1) This subdivision shall apply whenever state or federal
28summary criminal history information, to be used for employment,
29licensing, or certification purposes, is furnished by the Department
30of Justice as the result of an application by an authorized agency,
31organization, or individual pursuant to any of the following:

32(A) Paragraphbegin delete (9)end deletebegin insert (10)end insert of subdivision (c), when the information
33is to be used by a cable corporation.

34(B) Section 11105.3 or 11105.4.

35(C) Section 15660 of the Welfare and Institutions Code.

36(D) Any statute that incorporates the criteria of any of the
37statutory provisions listed in subparagraph (A), (B), or (C), or of
38this subdivision, by reference.

39(2) With the exception of applications submitted by
40transportation companies authorized pursuant to Section 11105.3,
P25   1and notwithstanding any otherbegin delete provision ofend delete law, whenever state
2summary criminal history information is initially furnished
3pursuant to paragraph (1), the Department of Justice shall
4disseminate the following information:

5(A) Every convictionbegin insert, except a conviction for which relief has
6been granted pursuant to Section 1203.49,end insert
rendered against the
7applicant for a violation or attempted violation of any offense
8specified in subdivision (a) of Section 15660 of the Welfare and
9Institutions Code. However, with the exception of those offenses
10for which registration is required pursuant to Section 290, the
11Department of Justice shall not disseminate information pursuant
12to this subdivision unless the conviction occurred within 10 years
13of the date of the agency’s request for information or the conviction
14is over 10 years old but the subject of the request was incarcerated
15within 10 years of the agency’s request for information.

16(B) Every arrest for a violation or attempted violation of an
17offense specified in subdivision (a) of Section 15660 of the Welfare
18and Institutions Code for which the applicant is presently awaiting
19trial, whether the applicant is incarcerated or has been released on
20 bail or on his or her own recognizance pending trial.

begin insert

21(C) Sex offender registration status of the applicant.

end insert

22(o) (1) This subdivision shall apply whenever state or federal
23summary criminal history information is furnished by the
24Department of Justice as the result of an application by an
25authorized agency or organization pursuant to Section 379 or 550
26of the Financial Code, or any statute that incorporates the criteria
27of either of those sections or this subdivision by reference, and the
28information is to be used for employment, licensing, or certification
29purposes.

30(2) Notwithstanding any otherbegin delete provision ofend delete law, whenever state
31summary criminal history information is initially furnished
32pursuant to paragraph (1), the Department of Justice shall
33disseminate the following information:

34(A) Every conviction rendered against the applicant for a
35violation or attempted violation of any offense specified in Section
36550 of the Financial Codebegin insert, except a conviction for which relief has
37been granted pursuant to Section 1203.49end insert
.

38(B) Every arrest for a violation or attempted violation of an
39offense specified in Section 550 of the Financial Code for which
40the applicant is presently awaiting trial, whether the applicant is
P26   1incarcerated or has been released on bail or on his or her own
2recognizance pending trial.

3(p) (1) This subdivision shall apply whenever state or federal
4criminal history information is furnished by the Department of
5Justice as the result of an application by an agency, organization,
6or individual not defined in subdivision (k), (l), (m), (n), or (o), or
7by a transportation company authorized pursuant to Section
811105.3, or any statute that incorporates the criteria of that section
9or this subdivision by reference, and the information is to be used
10for employment, licensing, or certification purposes.

11(2) Notwithstanding any otherbegin delete provisions ofend delete law, whenever state
12summary criminal history information is initially furnished
13pursuant to paragraph (1), the Department of Justice shall
14disseminate the following information:

15(A) Every conviction rendered against the applicantbegin insert, except a
16conviction for which relief has been granted pursuant to Section
171203.49end insert
.

18(B) Every arrest for an offense for which the applicant is
19presently awaiting trial, whether the applicant is incarcerated or
20has been released on bail or on his or her own recognizance
21pending trial.

begin insert

22(C) Sex offender registration status of the applicant.

end insert

23(q) All agencies, organizations, or individuals defined in
24subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
25Department of Justice for subsequent notification pursuant to
26Section 11105.2. This subdivision shall not supersede sections that
27mandate an agency, organization, or individual to contract with
28the Department of Justice for subsequent notification pursuant to
29Section 11105.2.

30(r)  begin deleteNothing in this end delete begin insertThis end insertsectionbegin delete shall be construed to mean thatend delete
31begin insert does not requireend insert the Department of Justicebegin delete shallend delete to cease
32compliance with any other statutory notification requirements.

33(s) The provisions of Section 50.12 of Title 28 of the Code of
34Federal Regulations are to be followed in processing federal
35criminal history information.

36(t) Whenever state or federal summary criminal history
37information is furnished by the Department of Justice as the result
38of an application by an authorized agency, organization, or
39individual defined in subdivisions (k) to (p), inclusive, and the
40information is to be used for employment, licensing, or certification
P27   1purposes, the authorized agency, organization, or individual shall
2expeditiously furnish a copy of the information to the person to
3whom the information relates if the information is a basis for an
4adverse employment, licensing, or certification decision. When
5furnished other than in person, the copy shall be delivered to the
6last contact information provided by the applicant.

7begin insert

begin insertSEC. end insertbegin insert2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
8Section 11105 of the Penal Code proposed by both this bill and
9Assembly Bill 1585. It shall only become operative if (1) both bills
10are enacted and become effective on or before January 1, 2015,
11(2) each bill amends Section 11105 of the Penal Code, and (3) this
12bill is enacted after Assembly Bill 1585, in which case Section 1
13of this bill shall not become operative.

end insert


O

    96