BILL ANALYSIS Ó AB 2404 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2404 (Eggman) As Amended August 5, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |35-0 |(August 11, | | | | | | |2014) | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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 FN: 0004397