BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2404
Author: Eggman (D)
Amended: 8/5/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De León, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/15/14 (Consent) - See last page for
vote
SUBJECT : Criminal history information
SOURCE : Office of the Attorney General
DIGEST : This bill requires the Department of Justice (DOJ) to
disseminate an applicants 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.
Senate Floor Amendments of 8/5/14 add double-jointing amendments
to prevent chaptering issues between this bill and AB 1585
(Alejo).
ANALYSIS :
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Existing law:
1.Allows DOJ to disseminate arrest and conviction information to
specified regulatory agencies seeking background checks for
employment or licensing purposes.
2.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.
This bill:
1.Requires 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.
2.Contains double-jointing amendments to prevent chaptering
issues between this bill and AB 1585 (Alejo).
Comments
According to the author:
The state performs fingerprint background checks for various
regulatory agencies when vetting prospective volunteers,
applicants, or licensees. There are some situations when an
applicant's status as a registered sex offender is either
unclear or simply not reported at all.
Existing statutory authority, delineated under PC [Penal Code
Section] 11105, allows the DOJ to disseminate only arrest and
conviction information to regulatory agencies. This requires
those agencies to be well-versed in interpreting Criminal
Offender Record Information (CORI) and to be aware of the
convictions that require the individual to register as a sex
offender and those that don't require registration. This
information would be very difficult to assess from the current
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CORI dissemination criteria outlined in statute. 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: an individual who must register as a sex offender
in California due to an out-of-state conviction. If this
individual applies for a position in California that requires
a fingerprint background check, existing statute would require
the DOJ to release a state-level "no record" response, as the
offense did not occur within California. The status of this
individual as a current registered sex offender would not be
disseminated.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/5/14)
Office of the Attorney General (source)
California District Attorneys Association
ASSEMBLY FLOOR : 78-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Vacancy
JG:k 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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