BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2404
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2404 (Eggman)
          As Amended  August 5, 2014
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 15, 2014)  |SENATE: |35-0 |(August 11,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  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 an employment,  
          licensing, or certification application.

           The Senate amendments  add double-jointing language to  
          incorporate changes proposed by AB 1585 (Alejo) of the current  
          legislative session, should both bills become enacted.

           EXISTING LAW  : 

          1)Requires DOJ to maintain state summary criminal history  
            information.  Defines "state summary criminal history  
            information" 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.  Provides  
            that state summary criminal history information does not refer  
            to records and data compiled by criminal justice agencies  
            other than the Attorney General, nor does it refer to records  
            of complaints to or investigations conducted by, or records of  
            intelligence information or security procedures of, the office  
            of the Attorney General and DOJ.

          2)Requires DOJ to disseminate the following information whenever  
            it furnishes state or federal summary criminal history  
            information as the result of an application by an authorized  
            entity for peace officer employment or certification purposes:  
             every conviction rendered against the applicant; every arrest  
            for an offense for which the applicant is presently awaiting  








                                                                  AB 2404
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            trial, whether the applicant is incarcerated or has been  
            released on bail or on his or her own recognizance pending  
            trial; every arrest or detention, except for an arrest or  
            detention resulting in an exoneration, provided, however, that  
            where the records of the DOJ do not contain a disposition for  
            the arrest, the DOJ first makes a genuine effort to determine  
            the disposition of the arrest; 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.

          3)Requires DOJ to disseminate the following information whenever  
            it furnishes state or federal summary criminal history  
            information as the result of an application by a criminal  
            justice agency, as defined, for criminal justice employment,  
            licensing or certification purposes:  every conviction  
            rendered against the applicant; every arrest for an offense  
            for which the applicant is presently awaiting trial, whether  
            the applicant is incarcerated or has been released on bail or  
            on his or her own recognizance pending trial; every arrest for  
            an offense for which DOJ records do not contain a disposition  
            or did not result in a conviction, provided that DOJ first  
            makes a genuine effort to determine the disposition of the  
            arrest.  However, information concerning an arrest shall not  
            be disclosed if DOJ records indicate or if the genuine effort  
            reveals that the subject was exonerated, successfully  
            completed a diversion or deferred entry of judgment program,  
            or the arrest was deemed a detention; 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.

          4)Requires DOJ to disseminate the following information whenever  
            it furnishes state or federal summary criminal history  
            information as the result of an application by an authorized  
            care facility, as described, for employment, licensing or  
            certification purposes:  every conviction of an offense  
            rendered against the applicant; every arrest for an offense  
            for which the applicant is presently awaiting trial, whether  
            the applicant is incarcerated or has been released on bail or  
            on his or her own recognizance pending trial; and every arrest  
            for an offense for which the Department of Social Services is  
            required, as specified, to determine if an applicant has been  
            arrested.  However, if DOJ records do not contain a  








                                                                  AB 2404
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            disposition for an arrest, DOJ shall first make a genuine  
            effort to determine the disposition of the arrest.

          5)Requires DOJ to disseminate the following information whenever  
            it furnishes state or federal summary criminal history  
            information as the result of an application by an entity not  
            otherwise defined as provided, or by a transportation company,  
            or as otherwise provided, for employment, licensing or  
            certification purposes:  every conviction rendered against the  
            applicant and every arrest for an offense for which the  
            applicant is presently awaiting trial, whether the applicant  
            is incarcerated or has been released on bail or on his or her  
            own recognizance pending trial.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.
           
          COMMENTS  :  According to the author, "The background checks  
          performed as a routine part of vetting candidates for many  
          positions, volunteer an [sic] 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."
           
           Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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