SB 530, as introduced, Wright. Criminal offenders: rehabilitation.
Existing law authorizes an individual convicted of a felony or convicted of a misdemeanor violation of a sex offense, as specified, the accusatory pleading of which has been dismissed, to file a petition for a certificate of rehabilitation and a pardon provided that the petitioner has not been incarcerated since the dismissal of the accusatory pleading, is not on probation for the commission of another felony, and presents satisfactory evidence of 5 years’ residence in this state prior to the filing of the petition. Existing law authorizes, after the minimum period of rehabilitation has expired, an individual, as specified, to file a petition for ascertainment and declaration of rehabilitation. Existing law then requires the individual to give notice of that filing to specified individuals. Existing law authorizes a court to grant an order known as a certificate of rehabilitation and recommend that the Governor grant a full pardon to certain individuals.
This bill would eliminate the requirement that an individual present satisfactory evidence of 5 years’ residence in this state prior to the filing of the petition. This bill would additionally authorize an individual convicted outside the state, as provided, of an offense that would be a felony or a misdemeanor sex offense specified in Section 290 if the conviction had occurred in the state, to file a petition for a certificate of rehabilitation if the petitioner has not been incarcerated, as specified, since the dismissal of the accusatory pleading and is not on probation for the commission of any other felony, and presents clear and convincing evidence that he or she has been a resident of the United States, its territories, or a military base for the 5 consecutive years prior to filing the petition. The bill would make conforming changes.
Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law makes it a crime to intentionally violate these provisions.
This bill would additionally prohibit an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed, as provided, with exceptions. Because this bill would expand the definition of a crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 432.7 of the Labor Code is amended to
(a) No employer, whether a public agency or private
4individual or corporation, shall ask an applicant for employment
5to disclose, through any written form or verbally, information
6concerning an arrest or detention that did not result in conviction,
7or information concerning a referral to, and participation in, any
8pretrial or posttrial diversion program, nor shall any employer seek from any source
11whatsoever, or utilize, as a factor in determining any condition of
P3 1employment including hiring, promotion, termination, or any
2apprenticeship training program or any other training program
3leading to employment, any record of arrest or detention that did
4not result in conviction, or any record regarding a referral to, and
5participation in, any pretrial or posttrial diversion
begin delete programend delete
6. As used
8in this section, a conviction shall include a plea, verdict, or finding
9of guilt regardless of whether sentence is imposed by the court.
10Nothing in this section shall prevent an employer from asking an
11employee or applicant for employment about an arrest for which
12the employee or applicant is out on bail or on his or her own
13recognizance pending trial.
14(b) Nothing in this section shall prohibit the disclosure of the
15information authorized for release under Sections 13203 and 13300
16of the Penal Code, to a government agency employing a peace
17officer. However, the employer shall not determine any condition
18of employment other than paid administrative leave based solely
19on an arrest report. The information contained in an arrest report
20may be used as the starting point for an independent, internal
21investigation of a peace officer in accordance with Chapter 9.7
22(commencing with Section 3300) of Division 4 of Title 1 of the
24(c) In any case where a person violates this section, or Article
256 (commencing with Section 11140) of Chapter 1 of Title 1 of Part
264 of the Penal Code, the applicant may bring an action to recover
27from that person actual damages or two hundred dollars ($200),
28whichever is greater, plus costs, and reasonable attorney’s fees.
29An intentional violation of this section shall entitle the applicant
30to treble actual damages, or five hundred dollars ($500), whichever
31is greater, plus costs, and reasonable attorney’s fees. An intentional
32violation of this section is a misdemeanor punishable by a fine not
33to exceed five hundred dollars ($500).
34(d) The remedies under this section shall be in addition to and
35not in derogation of all other rights and remedies that an applicant
36may have under any other law.
37(e) Persons seeking employment or persons already employed
38as peace officers or persons seeking employment for positions in
39the Department of Justice or other criminal justice agencies as
P4 1defined in Section 13101 of the Penal Code are not covered by
3(f) Nothing in this section shall prohibit an employer at a health
4facility, as defined in Section 1250 of the Health and Safety Code,
5from asking an applicant for employment either of the following:
6(1) With regard to an applicant for a position with regular access
7to patients, to disclose an arrest under any section specified in
8Section 290 of the Penal Code.
9(2) With regard to an applicant for a position with access to
10drugs and medication, to disclose an arrest under any section
11specified in Section 11590 of the Health and Safety Code.
12(g) (1) No peace officer or employee of a law enforcement
13agency with access to criminal offender record information
14maintained by a local law enforcement criminal justice agency
15shall knowingly disclose, with intent to affect a person’s
16employment, any information contained therein pertaining to an
17arrest or detention or proceeding that did not result in a conviction,
18including information pertaining to a referral to, and participation
19in, any pretrial or posttrial diversion program, to any person not
20authorized by law to receive that information.
21(2) No other person authorized by law to receive criminal
22offender record information maintained by a local law enforcement
23criminal justice agency shall knowingly disclose any information
24received therefrom pertaining to an arrest or detention or
25proceeding that did not result in a conviction, including information
26pertaining to a referral to, and participation in, any pretrial or
27posttrial diversion program, to any person not authorized by law
28to receive that information.
29(3) No person, except those specifically referred to in Section
301070 of the Evidence Code, who knowing he or she is not
31authorized by law to receive or possess criminal justice records
32information maintained by a local law enforcement criminal justice
33agency, pertaining to an arrest or other proceeding that did not
34result in a conviction, including information pertaining to a referral
35to, and participation in, any pretrial or posttrial diversion program,
36shall receive or possess that information.
37(h) “A person authorized by law to receive that information,”
38for purposes of this section, means any person or public agency
39authorized by a court, statute, or decisional law to receive
40information contained in criminal offender records maintained by
P5 1a local law enforcement criminal justice agency, and includes, but
2is not limited to, those persons set forth in Section 11105 of the
3Penal Code, and any person employed by a law enforcement
4criminal justice agency who is required by that employment to
5receive, analyze, or process criminal offender record information.
6(i) Nothing in this section shall require the Department of Justice
7to remove entries relating to an arrest or detention not resulting in
8conviction from summary criminal history records forwarded to
9an employer pursuant to law.
10(j) As used in this section, “pretrial or posttrial diversion
11program” means any program under Chapter 2.5 (commencing
12with Section 1000) or Chapter 2.7 (commencing with Section
131001) of Title 6 of Part 2 of the Penal Code, Section 13201 or
1413352.5 of the Vehicle Code, or any other program expressly
15authorized and described by statute as a diversion program.
16(k) (1) Subdivision (a) shall not apply to any city, city and
17county, county, or district, or any officer or official thereof, in
18screening a prospective concessionaire, or the affiliates and
19associates of a prospective concessionaire for purposes of
20consenting to, or approving of, the prospective concessionaire’s
21application for, or acquisition of, any beneficial interest in a
22concession, lease, or other property interest.
23(2) For purposes of this subdivision the following terms have
24the following meanings:
25(A) “Screening” means a written request for criminal history
26information made to a local law enforcement agency.
27(B) “Prospective concessionaire” means any individual, general
28or limited partnership, corporation, trust, association, or other
29entity that is applying for, or seeking to obtain, a public agency’s
30consent to, or approval of, the acquisition by that individual or
31entity of any beneficial ownership interest in any public agency’s
32concession, lease, or other property right whether directly or
33indirectly held. However, “prospective concessionaire” does not
34include any of the following:
35(i) A lender acquiring an interest solely as
security for a bona
36fide loan made in the ordinary course of the lender’s business and
37not made for the purpose of acquisition.
38(ii) A lender upon foreclosure or assignment in lieu of
39foreclosure of the lender’s security.
P6 1(C) “Affiliate” means any individual or entity that controls, or
2is controlled by, the prospective concessionaire, or who is under
3common control with the prospective concessionaire.
4(D) “Associate” means any individual or entity that shares a
5common business purpose with the prospective concessionaire
6with respect to the beneficial ownership interest that is subject to
7the consent or approval of the city, county, city and county, or
9(E) “Control” means the possession, direct or indirect, of the
10power to direct, or cause the direction of, the management or
11policies of the controlled individual or entity.
12(l) (1) Nothing in subdivision (a) shall prohibit a public agency,
13or any officer or official thereof, from denying consent to, or
14approval of, a prospective concessionaire’s application for, or
15acquisition of, any beneficial interest in a concession, lease, or
16other property interest based on the criminal history information
17of the prospective concessionaire or the affiliates or associates of
18the prospective concessionaire that show any criminal conviction
19for offenses involving moral turpitude. Criminal history
20information for purposes of this subdivision includes any criminal
21history information obtained pursuant to Section 11105 or 13300
22of the Penal Code.
23(2) In considering criminal history information, a public agency
24shall consider the crime for which the prospective concessionaire
25or the affiliates or associates of the prospective concessionaire was
26convicted only if that crime relates to the specific business that is
27proposed to be conducted by the prospective concessionaire.
28(3) Any prospective concessionaire whose application for
29consent or approval to acquire a beneficial interest in a concession,
30lease, or other property interest is denied based on criminal history
31information shall be provided a written statement of the reason for
33(4) (A) If the prospective concessionaire submits a written
34request to the public agency within 10 days of the date of the notice
35of denial, the public agency shall review its decision with regard
36to any corrected record or other evidence presented by the
37prospective concessionaire as to the accuracy or incompleteness
38of the criminal history information utilized by the public agency
39in making its original decision.
P7 1(B) The prospective concessionaire shall submit the copy or the
2corrected record of any other evidence to the public agency within
390 days of a request for review. The public agency shall render its
4decision within 20 days of the submission of evidence by the
Section 4852.01 of the Penal Code is amended to read:
(a) Any person convicted of a felony who has been
38released from a state prison or other state penal institution or
39agency in California, whether discharged on completion of the
40term for which he or she was sentenced or released on parole prior
P8 1to May 13, 1943, who has not been incarcerated in a state prison
2or other state penal institution or agency since his or her release
3and who presents satisfactory evidence of a three-year residence
4in this state immediately prior to the filing of the petition for a
5certificate of rehabilitation and pardon provided for by this chapter,
6may file the petition pursuant to the provisions of this chapter.
7(b) Any person convicted of a felony who, on May 13, 1943,
8was confined in a state prison or other institution or agency to
9which he or she was committed and any person convicted of a
10felony after that date who is committed to a state prison or other
11institution or agency may file a petition for a certificate of
12rehabilitation and pardon pursuant to the provisions of this chapter.
13(c) Any person convicted of a felony or any person who is
14convicted of a misdemeanor violation of any sex offense specified
15in Section 290, the accusatory pleading of which has been
16dismissed pursuant to Section 1203.4, may file a petition for
17certificate of rehabilitation and pardon pursuant to the provisions
18of this chapter if the petitioner has not been incarcerated in any
19prison, jail, detention facility, or other penal institution or agency
20since the dismissal of the accusatory pleading and is not on
21probation for the commission of any other
begin delete felony, and the petitioner
22presents satisfactory evidence of five years residence in this state
23prior to the filing of the petition.end delete
36(d) This chapter shall not apply to persons serving a mandatory
37life parole, persons committed under death sentences, persons
38convicted of a violation of subdivision (c) of Section 286, Section
39288, subdivision (c) of Section 288a, Section 288.5, or subdivision
40(j) of Section 289, or persons in the military service.
P9 1(e) Notwithstanding the above provisions or any other provision
2of law, the Governor shall have the right to pardon a person
3convicted of a violation of subdivision (c) of Section 286, Section
4288, subdivision (c) of Section 288a, Section 288.5, or subdivision
5(j) of Section 289, if there are extraordinary circumstances.
Section 4852.03 of the Penal Code is amended to read:
(a) The period of rehabilitation shall begin to run
8upon the discharge of the petitioner from custody due to his or her
9completion of the term to which he or she was sentenced or upon
10his or her release on parole or probation, whichever is sooner. For
11purposes of this chapter, the period of rehabilitation shall constitute
begin delete years’ residence in this stateend delete, plus a period of time
13determined by the following rules:
14(1) To the five years there shall be added four years in the case
15of any person convicted of violating Section 187, 209, 219, 4500,
16or 18755 of this code, or subdivision (a) of Section 1672 of the
17Military and Veterans Code, or of committing any other offense
18which carries a life sentence.
19(2) To the five years there shall be added five years in the case
20of any person convicted of committing any offense or attempted
21offense for which sex offender registration is required pursuant to
22Section 290, except for convictions for violations of subdivision
23(b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or
24314. For those convictions, two years shall be added to the five
25years imposed by this section.
26(3) To the five years there shall be added two years in the case
27of any person convicted of committing any offense that is not listed
28in paragraph (1) or paragraph (2) and that does not carry a life
30(4) The trial court hearing the application for the
31rehabilitation may, if the defendant was ordered to serve
32consecutive sentences, order that his or her statutory period of
33rehabilitation be extended for an additional period of time which
34when combined with the time already served will not exceed the
35period prescribed by statute for the sum of the maximum penalties
36for all the crimes.
37(5) Any person who was discharged after completion of his or
38her term or was released on parole before May 13, 1943, is not
39subject to the periods of rehabilitation set forth in these rules.
P10 1(b) Unless and until the period of rehabilitation, as stipulated
2in this section, has passed, the petitioner shall be ineligible to file
3his or her petition for a certificate of rehabilitation with the court.
4Any certificate of rehabilitation that is issued and under which the
5petitioner has not fulfilled the requirements of this chapter shall
7(c) A change of residence within this state does not interrupt
8the period of rehabilitation prescribed by this section.
Section 4852.07 of the Penal Code is amended to read:
The petitioner shall give
12notice of the filing of the petition to the district attorney of the
13county in which the petition is filed, to the district attorney of each
14county in which the petitioner was convicted of a felony or of a
15crime the accusatory pleading of which was dismissed pursuant
16to Section 1203.4, and to the office of the Governor, together with
17notice of the time of the hearing of the petition, at least 30 days
18prior to the date set for
begin delete suchend delete hearing.
Section 4852.13 of the Penal Code is amended to read:
(a) Except as otherwise provided in subdivision
27(b), if after hearing, the court finds that the petitioner has
28demonstrated by his or her course of conduct his or her
29rehabilitation and his or her fitness to exercise all of the civil and
30political rights of citizenship, the court may make an order
31declaring that the petitioner has been rehabilitated, and
32recommending that the Governor grant a full pardon to the
begin delete petitionerend delete.
35This order shall be filed with the clerk of the court, and shall be
36known as a certificate of rehabilitation.
4(b) No certificate of rehabilitation shall be granted to a
5convicted of any offense specified in Section 290 if the court
6determines that the petitioner presents a continuing threat to minors
7of committing any of the offenses specified in Section 290.
8(c) A district attorney in either the county where the conviction
9was obtained or the county of residence of the recipient of the
10certificate of rehabilitation may petition the superior court to
11rescind a certificate if it was granted for any offense specified in
12Section 290. The petition shall be filed in either the county in
13which the person who has received the certificate of rehabilitation
14resides or the county in which the conviction was obtained. If the
15superior court finds that petitioner has demonstrated by a
16preponderance of the evidence that the person who has received
17the certificate presents a continuing threat to minors of committing
18any of the offenses specified in Section 290, the court shall rescind
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California