BILL ANALYSIS Ó
AB 2404
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2404 (Eggman) - As Amended: April 29, 2014
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Department of Justice (DOJ) to
disseminate an applicant's sex offender registration status
whenever DOJ furnishes state or federal summary criminal history
information to specified entities as a result of specified
employment, licensing, or certification applications.
FISCAL EFFECT
Minor, absorbable costs to DOJ to provide sex offender
registration status on the information furnished to specified
entities for employment, licensing or certification.
DOJ indicates that while it currently performs manual reviews of
rapsheets for dissemination to qualified entities, including
registration status, it is not authorized to include
registration status on the response. DOJ anticipates a low
number of applicants in the specified categories will be
registered sex offenders and states that noting registration
status will be absorbable.
COMMENTS
1)Rationale . The author contends that the summary criminal
history information provided to authorized applicants for
background check purposes is incomplete as it does not contain
a subject's status as a registered authorized sex offender.
According to the author, "The background checks performed as a
routine part of vetting candidates for many positions,
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volunteers and otherwise, are an important part of ensuring
the public's safety. There exists a dangerous loophole that
subverts the efficacy of those background checks. This is a
simple, clarifying fix that ensures that necessary criminal
history information is reported, and reported clearly."
2)This bill is supported by DOJ . Current law only allows DOJ to
disseminate arrest and conviction information to specified
regulatory agencies seeking background checks for employment
or licensing purposes. As a result, agencies must interpret
this information and be aware of convictions that require a
person to register as a sex offender. According to DOJ,
"Because California's sex registration laws are very complex,
it is unrealistic to expect regulatory agencies to have a full
and adequate understanding of the law.
"Additionally, there are approximately 15,000 registered sex
offenders in California whose registrable conviction is for a
non-California (federal, military, out-of-state) sex offense.
For example, if an individual who must register as a sex
offender in California due to an out-of-state conviction
applies for a position that requires a fingerprint background
check within California, existing statute would require the
DOJ to release a "no record" response. The status of this
individual as a current registered sex offender would not be
disseminated, thus the regulatory organization would have no
way of knowing about this subject's active sex registration
status.
3)Current law requires DOJ to maintain state summary criminal
history information and defines it as the master record of
information compiled by the Attorney General pertaining to the
identification and criminal history of any person, such as
name, date of birth, physical description, fingerprints,
photographs, date of arrests, arresting agencies and booking
numbers, charges, dispositions, and similar data about the
person.
DOJ is required to disseminate specified information to
specified entities who apply for summary criminal history
information for various purposes. For example an application
by an authorized entity for peace officer employment or
certification purposes receives information regarding every
conviction, every arrest for an offense for which the
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applicant is presently awaiting trial, every arrest or
detention, except for an arrest or detention resulting in an
exoneration, every successful diversion; and every date and
agency name associated with all retained peace officer or
non-sworn law enforcement agency employee pre-employment
criminal offender record information search requests.
On the other end of the information spectrum, applications by
an entity not otherwise defined, or by a transportation
company, for employment, licensing or certification purposes
receives convictions and every arrest for an offense for which
the applicant is presently awaiting trial.
4)There is no known opposition to this measure .
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081