Amended in Assembly June 19, 2013

Amended in Senate May 28, 2013

Amended in Senate April 15, 2013

Senate Bill No. 530

Introduced by Senator Wright

February 21, 2013

An act to amend begin insert Sections 8712, 8811, and 8908 of the Family Code, to amend end insert Section 432.7 of the Labor Code, begin insert and to amend Section 11105 of, and to add Section 4852.22 to, the Penal Code, end insert relating to criminal offenders.

LEGISLATIVE COUNSEL’S DIGEST

SB 530, as amended, Wright. Criminal offenders: rehabilitation.

begin insert

Existing law imposes criminal record and fingerprint check requirements for prospective adoptive parents, as specified. Existing law authorizes the State Department of Social Services or a licensed adoption agency to secure the applicant’s full criminal record, if any.

end insert begin insert

This bill would exempt from those provisions any convictions for which relief, as specified, has been granted.

end insert

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, unless the employer is required by law to obtain that information, the applicant would be required to possess or use a firearm in the course of his or her employment, an individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, or if the employer is prohibited by law from hiring an applicant who has been convicted of a crime. Because this bill would expand the definition of a crime, it would impose a state-mandated local program.

begin insert

Existing law authorizes an individual convicted of a felony or convicted of a misdemeanor violation of a sex offense, as specified, to file a petition for a certificate of rehabilitation and a pardon provided that certain conditions have been satisfied. 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 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.

end insert begin insert

This bill would authorize a trial court hearing an application for a certificate of rehabilitation before the applicable period of rehabilitation has elapsed to grant the application if the court, in its discretion, believes relief serves the interests of justice.

end insert begin insert

Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of any person. Existing law requires the department to disseminate this information in response to a request from certain authorized agencies, organizations, or individuals that need the information to fulfill employment, certification, or licensing duties, such as the employment of peace officers or the licensing of community care facilities.

end insert begin insert

This bill would exempt from that dissemination requirement any convictions for which relief, as specified, has been granted.

end insert

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8712 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

8712.  

(a) The department, county adoption agency, or licensed
adoption agency shall require each person filing an application for
adoption to be fingerprinted and shall secure from an appropriate
law enforcement agency any criminal record of that person to
determine whether the person has ever been convicted of a crime
other than a minor traffic violation. The department, county
adoption agency, or licensed adoption agency may also secure the
person’s full criminal record, if any begin insert , with the exception of a
conviction for which that person has been granted relief pursuant
to Section 1203.4 of the Penal Code end insert . Any federal-level criminal
offender record requests to the Department of Justice shall be
submitted with fingerprint images and related information required
by the Department of Justice for the purposes of obtaining
information as to the existence and content of a record of an
out-of-state or federal conviction or arrest of a person or
information regarding any out-of-state or federal crimes or arrests
for which the Department of Justice establishes that the person is
free on bail, or on his or her own recognizance pending trial or
appeal. The Department of Justice shall forward to the Federal
Bureau of Investigation any requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from
the Federal Bureau of Investigation and shall compile and
disseminate a response to the department, county adoption agency,
or licensed adoption agency.

(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be
included in the report to the court.

(c) (1) Under no circumstances shall the department, county
adoption agency, or licensed adoption agency give final approval
for an adoptive placement in any home where the prospective
adoptive parent or any adult living in the prospective adoptive
home has either of the following:

(A) A felony conviction for child abuse or neglect, spousal
abuse, crimes against a child, including child pornography, or for
a crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault and battery. For
purposes of this subdivision, crimes involving violence means
those violent crimes contained in clause (i) of subparagraph (A),
and subparagraph (B), of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.

(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.

(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. Sec. 670 and following).

(d) Any fee charged by a law enforcement agency for
fingerprinting or for checking or obtaining the criminal record of
the applicant shall be paid by the applicant. The department, county
adoption agency, or licensed adoption agency may defer, waive,
or reduce the fee when its payment would cause economic hardship
to prospective adoptive parents detrimental to the welfare of the
adopted child, when the child has been in the foster care of the
prospective adoptive parents for at least one year, or if necessary
for the placement of a special-needs child.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8811 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8811.  

(a) The department or delegated county adoption agency
shall require each person filing an adoption petition to be
fingerprinted and shall secure from an appropriate law enforcement
agency any criminal record of that person to determine whether
the person has ever been convicted of a crime other than a minor
traffic violation. The department or delegated county adoption
agency may also secure the person’s full criminal record, if any begin insert , end insert
begin insert with the exception of a conviction for which that person has been
granted relief pursuant to Section 1203.4 of the Penal Code end insert . Any
federal-level criminal offender record requests to the Department
of Justice shall be submitted with fingerprint images and related
information required by the Department of Justice for the purposes
of obtaining information as to the existence and content of a record
of an out-of-state or federal conviction or arrest of a person or
information regarding any out-of-state or federal crimes or arrests
for which the Department of Justice establishes that the person is
free on bail, or on his or her own recognizance pending trial or
appeal. The Department of Justice shall forward to the Federal
Bureau of Investigation any requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from
the Federal Bureau of Investigation and shall compile and
disseminate a response to the department or delegated county
adoption agency.

(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be
included in the report to the court.

(c) (1) Under no circumstances shall the department or a
delegated county adoption agency give final approval for an
adoptive placement in any home where the prospective adoptive
parent or any adult living in the prospective adoptive home has
either of the following:

(A) A felony conviction for child abuse or neglect, spousal
abuse, crimes against a child, including child pornography, or for
a crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault and battery. For
purposes of this subdivision, crimes involving violence means
those violent crimes contained in clause (i) of subparagraph (A),
and subparagraph (B), of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.

(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.

(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. 670 and following).

(d) Any fee charged by a law enforcement agency for
fingerprinting or for checking or obtaining the criminal record of
the petitioner shall be paid by the petitioner. The department or
delegated county adoption agency may defer, waive, or reduce the
fee when its payment would cause economic hardship to the
prospective adoptive parents detrimental to the welfare of the
adopted child, when the child has been in the foster care of the
prospective adoptive parents for at least one year, or if necessary
for the placement of a special-needs child.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8908 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8908.  

(a) A licensed adoption agency shall require each person
filing an application for adoption to be fingerprinted and shall
secure from an appropriate law enforcement agency any criminal
record of that person to determine whether the person has ever
been convicted of a crime other than a minor traffic violation. The
licensed adoption agency may also secure the person’s full criminal
record, if any begin insert , with the exception of a conviction for which that
person has been granted relief pursuant to Section 1203.4 of the
Penal Code end insert . Any federal-level criminal offender record requests
to the Department of Justice shall be submitted with fingerprint
images and related information required by the Department of
Justice for the purposes of obtaining information as to the existence
and content of a record of an out-of-state or federal conviction or
arrest of a person or information regarding any out-of-state or
federal crimes or arrests for which the Department of Justice
establishes that the person is free on bail, or on his or her own
recognizance pending trial or appeal. The Department of Justice
shall forward to the Federal Bureau of Investigation any requests
for federal summary criminal history information received pursuant
to this section. The Department of Justice shall review the
information returned from the Federal Bureau of Investigation and
shall compile and disseminate a fitness determination to the
licensed adoption agency.

(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be
included in the report to the court.

(c) (1) Under no circumstances shall a licensed adoption agency
give final approval for an adoptive placement in any home where
the prospective adoptive parent or any adult living in the
prospective adoptive home, has a felony conviction for either of
the following:

(A) Any felony conviction for child abuse or neglect, spousal
abuse, crimes against a child, including child pornography, or for
a crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault and battery. For
purposes of this subdivision, crimes involving violence means
those violent crimes contained in clause (i) of subparagraph (A),
and subparagraph (B), of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.

(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.

(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. 670 and following).

(d) Any fee charged by a law enforcement agency for
fingerprinting or for checking or obtaining the criminal record of
the applicant shall be paid by the applicant. The licensed adoption
agency may defer, waive, or reduce the fee when its payment would
cause economic hardship to the prospective adoptive parents
detrimental to the welfare of the adopted child.

begin delete SECTION 1. end delete
begin insert SEC. 4. end insert   

Section 432.7 of the Labor Code is amended to read:

432.7.  

(a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment
to disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, or concerning a conviction
that has been judicially dismissed pursuant to Section 1203.4 of
the Penal Code, nor shall any employer seek from any source
whatsoever, or utilize, as a factor in determining any condition of
employment including hiring, promotion, termination, or any
apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did
not result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program, or
concerning a conviction that has been judicially dismissed pursuant
to Section 1203.4 of the Penal Code. As used in this section, a
conviction shall include a plea, verdict, or finding of guilt
regardless of whether sentence is imposed by the court. Nothing
in this section shall prevent an employer from asking an employee
or applicant for employment about an arrest for which the employee
or applicant is out on bail or on his or her own recognizance
pending trial.

(b) Nothing in this section shall prohibit the disclosure of the
information authorized for release under Sections 13203 and 13300
of the Penal Code, to a government agency employing a peace
officer. However, the employer shall not determine any condition
of employment other than paid administrative leave based solely
on an arrest report. The information contained in an arrest report
may be used as the starting point for an independent, internal
investigation of a peace officer in accordance with Chapter 9.7
(commencing with Section 3300) of Division 4 of Title 1 of the
Government Code.

(c) In any case where a person violates this section, or Article
6 (commencing with Section 11140) of Chapter 1 of Title 1 of Part
4 of the Penal Code, the applicant may bring an action to recover
from that person actual damages or two hundred dollars ($200),
whichever is greater, plus costs, and reasonable attorney’s fees.
An intentional violation of this section shall entitle the applicant
to treble actual damages, or five hundred dollars ($500), whichever
is greater, plus costs, and reasonable attorney’s fees. An intentional
violation of this section is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500).

(d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.

(e) Persons seeking employment or persons already employed
as peace officers or persons seeking employment for positions in
the Department of Justice or other criminal justice agencies as
defined in Section 13101 of the Penal Code are not covered by
this section.

(f) Nothing in this section shall prohibit an employer at a health
facility, as defined in Section 1250 of the Health and Safety Code,
from asking an applicant for employment either of the following:

(1) With regard to an applicant for a position with regular access
to patients, to disclose an arrest under any section specified in
Section 290 of the Penal Code.

(2) With regard to an applicant for a position with access to
drugs and medication, to disclose an arrest under any section
specified in Section 11590 of the Health and Safety Code.

(g) (1) No peace officer or employee of a law enforcement
agency with access to criminal offender record information
maintained by a local law enforcement criminal justice agency
shall knowingly disclose, with intent to affect a person’s
employment, any information contained therein pertaining to an
arrest or detention or proceeding that did not result in a conviction,
including information pertaining to a referral to, and participation
in, any pretrial or posttrial diversion program, to any person not
authorized by law to receive that information.

(2) No other person authorized by law to receive criminal
offender record information maintained by a local law enforcement
criminal justice agency shall knowingly disclose any information
received therefrom pertaining to an arrest or detention or
proceeding that did not result in a conviction, including information
pertaining to a referral to, and participation in, any pretrial or
posttrial diversion program, to any person not authorized by law
to receive that information.

(3) No person, except those specifically referred to in Section
1070 of the Evidence Code, who knowing he or she is not
authorized by law to receive or possess criminal justice records
information maintained by a local law enforcement criminal justice
agency, pertaining to an arrest or other proceeding that did not
result in a conviction, including information pertaining to a referral
to, and participation in, any pretrial or posttrial diversion program,
shall receive or possess that information.

(h) “A person authorized by law to receive that information,”
for purposes of this section, means any person or public agency
authorized by a court, statute, or decisional law to receive
information contained in criminal offender records maintained by
a local law enforcement criminal justice agency, and includes, but
is not limited to, those persons set forth in Section 11105 of the
Penal Code, and any person employed by a law enforcement
criminal justice agency who is required by that employment to
receive, analyze, or process criminal offender record information.

(i) Nothing in this section shall require the Department of Justice
to remove entries relating to an arrest or detention not resulting in
conviction from summary criminal history records forwarded to
an employer pursuant to law.

(j) As used in this section, “pretrial or posttrial diversion
program” means any program under Chapter 2.5 (commencing
with Section 1000) or Chapter 2.7 (commencing with Section
1001) of Title 6 of Part 2 of the Penal Code, Section 13201 or
13352.5 of the Vehicle Code, or any other program expressly
authorized and described by statute as a diversion program.

(k) (1) Subdivision (a) shall not apply to any city, city and
county, county, or district, or any officer or official thereof, in
screening a prospective concessionaire, or the affiliates and
associates of a prospective concessionaire for purposes of
consenting to, or approving of, the prospective concessionaire’s
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest.

(2) For purposes of this subdivision the following terms have
the following meanings:

(A) “Screening” means a written request for criminal history
information made to a local law enforcement agency.

(B) “Prospective concessionaire” means any individual, general
or limited partnership, corporation, trust, association, or other
entity that is applying for, or seeking to obtain, a public agency’s
consent to, or approval of, the acquisition by that individual or
entity of any beneficial ownership interest in any public agency’s
concession, lease, or other property right whether directly or
indirectly held. However, “prospective concessionaire” does not
include any of the following:

(i) A lender acquiring an interest solely as security for a bona
fide loan made in the ordinary course of the lender’s business and
not made for the purpose of acquisition.

(ii) A lender upon foreclosure or assignment in lieu of
foreclosure of the lender’s security.

(C) “Affiliate” means any individual or entity that controls, or
is controlled by, the prospective concessionaire, or who is under
common control with the prospective concessionaire.

(D) “Associate” means any individual or entity that shares a
common business purpose with the prospective concessionaire
with respect to the beneficial ownership interest that is subject to
the consent or approval of the city, county, city and county, or
district.

(E) “Control” means the possession, direct or indirect, of the
power to direct, or cause the direction of, the management or
policies of the controlled individual or entity.

(l) (1) Nothing in subdivision (a) shall prohibit a public agency,
or any officer or official thereof, from denying consent to, or
approval of, a prospective concessionaire’s application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest based on the criminal history information
of the prospective concessionaire or the affiliates or associates of
the prospective concessionaire that show any criminal conviction
for offenses involving moral turpitude. Criminal history
information for purposes of this subdivision includes any criminal
history information obtained pursuant to Section 11105 or 13300
of the Penal Code.

(2) In considering criminal history information, a public agency
shall consider the crime for which the prospective concessionaire
or the affiliates or associates of the prospective concessionaire was
convicted only if that crime relates to the specific business that is
proposed to be conducted by the prospective concessionaire.

(3) Any prospective concessionaire whose application for
consent or approval to acquire a beneficial interest in a concession,
lease, or other property interest is denied based on criminal history
information shall be provided a written statement of the reason for
the denial.

(4) (A) If the prospective concessionaire submits a written
request to the public agency within 10 days of the date of the notice
of denial, the public agency shall review its decision with regard
to any corrected record or other evidence presented by the
prospective concessionaire as to the accuracy or incompleteness
of the criminal history information utilized by the public agency
in making its original decision.

(B) The prospective concessionaire shall submit the copy or the
corrected record of any other evidence to the public agency within
90 days of a request for review. The public agency shall render its
decision within 20 days of the submission of evidence by the
prospective concessionaire.

(m) Subdivision (a) does not prohibit an employer from asking
an applicant about a criminal conviction of, seeking from any
source information regarding a criminal conviction of, utilizing as
a factor in determining any condition of employment of, or entry
into a pretrial diversion or similar program by, the applicant if,
pursuant to Section 1829 of Title 12 of the United States Code or
any other state or federal law, any of the following apply:

(1) The employer is required by law to obtain information
regarding a conviction of an applicant.

(2) The applicant would be required to possess or use a firearm
in the course of his or her employment.

(3) An individual who has been convicted of a crime is
prohibited by law from holding the position sought by the
applicant, regardless of whether that conviction has been expunged,
judicially ordered sealed, statutorily eradicated, or judicially
dismissed following probation.

(4) The employer is prohibited by law from hiring an applicant
who has been convicted of a crime.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4852.22 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 4852.22. end insert   

Except in a case requiring registration pursuant to
Section 290, a trial court hearing an application for a certificate
of rehabilitation before the applicable period of rehabilitation has
elapsed may grant the application if the court, in its discretion,
believes relief serves the interests of justice.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 11105 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

11105.  

(a) (1) The Department of Justice shall maintain state
summary criminal history information.

(2) As used in this section:

(A) “State summary criminal history information” means 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, dates of arrests, arresting agencies and booking
numbers, charges, dispositions, and similar data about the person.

(B) “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 the Department of Justice.

(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:

(1) The courts of the state.

(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.

(3) District attorneys of the state.

(4) Prosecuting city attorneys of any city within the state.

(5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section
3479 or 3480 of the Civil Code, or Section 11571 of the Health
and Safety Code.

(6) Probation officers of the state.

(7) Parole officers of the state.

(8) A public defender or attorney of record when representing
a person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.

(9) A public defender or attorney of record when representing
a person in a criminal case, or a parole, mandatory supervision
pursuant to paragraph (5) of subdivision (h) of Section 1170, or
postrelease community supervision revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.

(10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.

(11) Any city or county, city and county, district, or any officer
or official thereof if access is needed in order to assist that agency,
officer, or official in fulfilling employment, certification, or
licensing duties, and if the access is specifically authorized by the
city council, board of supervisors, or governing board of the city,
county, or district if the criminal history information is required
to implement a statute, ordinance, or regulation that expressly
refers to specific criminal conduct applicable to the subject person
of the state summary criminal history information, and contains
requirements or exclusions, or both, expressly based upon that
specified criminal conduct. The city or county, city and county,
district, or the officer or official thereof authorized by this
paragraph may also transmit fingerprint images and related
information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation.

(12) The subject of the state summary criminal history
information under procedures established under Article 5
(commencing with Section 11120).

(13) Any person or entity when access is expressly authorized
by statute if the criminal history information is required to
implement a statute or regulation that expressly refers to specific
criminal conduct applicable to the subject person of the state
summary criminal history information, and contains requirements
or exclusions, or both, expressly based upon that specified criminal
conduct.

(14) Health officers of a city, county, city and county, or district
when in the performance of their official duties enforcing Section
120175 of the Health and Safety Code.

(15) Any managing or supervising correctional officer of a
county jail or other county correctional facility.

(16) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section
14502 of the Corporations Code for the appointment of humane
officers.

(17) Local child support agencies established by Section 17304
of the Family Code. When a local child support agency closes a
support enforcement case containing summary criminal history
information, the agency shall delete or purge from the file and
destroy any documents or information concerning or arising from
offenses for or of which the parent has been arrested, charged, or
convicted, other than for offenses related to the parent’s having
failed to provide support for minor children, consistent with the
requirements of Section 17531 of the Family Code.

(18) County child welfare agency personnel who have been
delegated the authority of county probation officers to access state
summary criminal history information pursuant to Section 272 of
the Welfare and Institutions Code for the purposes specified in
Section 16504.5 of the Welfare and Institutions Code. Information
from criminal history records provided pursuant to this subdivision
shall not be used for any purposes other than those specified in
this section and Section 16504.5 of the Welfare and Institutions
Code. When an agency obtains records obtained both on the basis
of name checks and fingerprint checks, final placement decisions
shall be based only on the records obtained pursuant to the
fingerprint check.

(19) The court of a tribe, or court of a consortium of tribes, that
has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information
may be used only for the purposes specified in Section 16504.5
of the Welfare and Institutions Code and for tribal approval or
tribal licensing of foster care or adoptive homes. Article 6
(commencing with Section 11140) shall apply to officers, members,
and employees of a tribal court receiving criminal record offender
information pursuant to this section.

(20) Child welfare agency personnel of a tribe or consortium
of tribes that has entered into an agreement with the state pursuant
to Section 10553.1 of the Welfare and Institutions Code and to
whom the state has delegated duties under paragraph (2) of
subdivision (a) of Section 272 of the Welfare and Institutions Code.
The purposes for use of the information shall be for the purposes
specified in Section 16504.5 of the Welfare and Institutions Code
and for tribal approval or tribal licensing of foster care or adoptive
homes. When an agency obtains records on the basis of name
checks and fingerprint checks, final placement decisions shall be
based only on the records obtained pursuant to the fingerprint
check. Article 6 (commencing with Section 11140) shall apply to
child welfare agency personnel receiving criminal record offender
information pursuant to this section.

(21) An officer providing conservatorship investigations
pursuant to Sections 5351, 5354, and 5356 of the Welfare and
Institutions Code.

(22) A court investigator providing investigations or reviews
in conservatorships pursuant to Section 1826, 1850, 1851, or
2250.6 of the Probate Code.

(23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.

(24) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.

(c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided
that when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing duties,
Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
Labor Code shall apply:

(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, that operates a nuclear energy facility when access
is needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom
the data relates.

(2) To a peace officer of the state other than those included in
subdivision (b).

(3) To an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.

(4) To a peace officer of another country.

(5) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute
of the United States, other states, or possessions or territories of
the United States if the information is needed for the performance
of their official duties.

(6) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of
furthering the rehabilitation of the subject.

(7) The courts of the United States, other states, or territories
or possessions of the United States.

(8) Peace officers of the United States, other states, or territories
or possessions of the United States.

(9) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.

(10) (A) (i) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who,
in the course of their employment may be seeking entrance to
private residences or adjacent grounds. The information provided
shall be limited to the record of convictions and any arrest for
which the person is released on bail or on his or her own
recognizance pending trial.

(ii) If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data
to the current or prospective employee to whom the data relates.

(iii) Any information obtained from the state summary criminal
history is confidential and the receiving public utility or cable
corporation shall not disclose its contents, other than for the
purpose for which it was acquired. The state summary criminal
history information in the possession of the public utility or cable
corporation and all copies made from it shall be destroyed not
more than 30 days after employment or promotion or transfer is
denied or granted, except for those cases where a current or
prospective employee is out on bail or on his or her own
recognizance pending trial, in which case the state summary
criminal history information and all copies shall be destroyed not
more than 30 days after the case is resolved.

(iv) A violation of this paragraph is a misdemeanor, and shall
give the current or prospective employee who is injured by the
violation a cause of action against the public utility or cable
corporation to recover damages proximately caused by the
violations. Any public utility’s or cable corporation’s request for
state summary criminal history information for purposes of
employing current or prospective employees who may be seeking
entrance to private residences or adjacent grounds in the course
of their employment shall be deemed a “compelling need” as
required to be shown in this subdivision.

(v) Nothing in this section shall be construed as imposing any
duty upon public utilities or cable corporations to request state
summary criminal history information on any current or prospective
employees.

(B) For purposes of this paragraph, “cable corporation” means
any corporation or firm that transmits or provides television,
computer, or telephone services by cable, digital, fiber optic,
satellite, or comparable technology to subscribers for a fee.

(C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal
Bureau of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the
Department of Justice may then be disseminated to the entities
referenced in subparagraph (A), as authorized by law.

(D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph
shall commence July 1, 2005.

(ii) Authority for a public utility to request federal level criminal
history information under this paragraph shall commence July 1,
2005.

(11) To any campus of the California State University or the
University of California, or any four year college or university
accredited by a regional accreditation organization approved by
the United States Department of Education, if needed in
conjunction with an application for admission by a convicted felon
to any special education program for convicted felons, including,
but not limited to, university alternatives and halfway houses. Only
conviction information shall be furnished. The college or university
may require the convicted felon to be fingerprinted, and any inquiry
to the department under this section shall include the convicted
felon’s fingerprints and any other information specified by the
department.

(12) To any foreign government, if requested by the individual
who is the subject of the record requested, if needed in conjunction
with the individual’s application to adopt a minor child who is a
citizen of that foreign nation. Requests for information pursuant
to this paragraph shall be in accordance with the process described
in Sections 11122 to 11124, inclusive. The response shall be
provided to the foreign government or its designee and to the
individual who requested the information.

(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped “no criminal record” and returned to the person or entity
making the request.

(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department
of Justice may charge the person or entity making the request a
fee that it determines to be sufficient to reimburse the department
for the cost of furnishing the information. In addition, the
Department of Justice may add a surcharge to the fee to fund
maintenance and improvements to the systems from which the
information is obtained. Notwithstanding any other law, any person
or entity required to pay a fee to the department for information
received under this section may charge the applicant a fee sufficient
to reimburse the person or entity for this expense. All moneys
received by the department pursuant to this section, Sections
11105.3 and 26190, and former Section 13588 of the Education
Code shall be deposited in a special account in the General Fund
to be available for expenditure by the department to offset costs
incurred pursuant to those sections and for maintenance and
improvements to the systems from which the information is
obtained upon appropriation by the Legislature.

(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits
submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
of the Business and Professions Code shall take priority over the
processing of other applicant fingerprints.

(g) It is not a violation of this section to disseminate statistical
or research information obtained from a record, provided that the
identity of the subject of the record is not disclosed.

(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by
a court, statute, or decisional law.

(i) Notwithstanding any other law, the Department of Justice
or any state or local law enforcement agency may require the
submission of fingerprints for the purpose of conducting summary
criminal history information checks that are authorized by law.

(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6
(commencing with Section 1367) of Title 10 of Part 2 arising out
of a complaint charging a felony offense specified in Section 290.

(k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by an
authorized agency or organization and the information is to be
used for peace officer employment or certification purposes. As
used in this subdivision, a peace officer is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) 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.

(C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided however that where the
records of the Department of Justice do not contain a disposition
for the arrest, the Department of Justice first makes a genuine effort
to determine the disposition of the arrest.

(D) Every successful diversion.

(E) Every date and agency name associated with all retained
peace officer or nonsworn law enforcement agency employee
preemployment criminal offender record information search
requests.

(l) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by a criminal
justice agency or organization as defined in Section 13101, and
the information is to be used for criminal justice employment,
licensing, or certification purposes.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant.

(B) 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.

(C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice 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.

(D) Every date and agency name associated with all retained
peace officer or nonsworn law enforcement agency employee
preemployment criminal offender record information search
requests.

(m) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by an
authorized agency or organization pursuant to Section 1522,
1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
any statute that incorporates the criteria of any of those sections
or this subdivision by reference, and the information is to be used
for employment, licensing, or certification purposes.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction of an offense rendered against the
begin delete applicant. end delete begin insert applicant, except a conviction for which the applicant
has been granted relief pursuant to Section 1203.4. end insert

(B) 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.

(C) Every arrest for an offense for which the Department of
Social Services is required by paragraph (1) of subdivision (a) of
Section 1522 of the Health and Safety Code to determine if an
applicant has been arrested. However, if the records of the
Department of Justice do not contain a disposition for an arrest,
the Department of Justice shall first make a genuine effort to
determine the disposition of the arrest.

(3) Notwithstanding the requirements of the sections referenced
in paragraph (1) of this subdivision, the Department of Justice
shall not disseminate information about an arrest subsequently
deemed a detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.

(n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:

(A) Paragraph (9) of subdivision (c), when the information is
to be used by a cable corporation.

(B) Section 11105.3 or 11105.4.

(C) Section 15660 of the Welfare and Institutions Code.

(D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.

(2) With the exception of applications submitted by
transportation companies authorized pursuant to Section 11105.3,
and notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
begin delete Code. end delete begin insert Code, except a conviction for which the applicant has been
granted relief pursuant to Section 1203.4 end insert begin insert . end insert However, with the
exception of those offenses for which registration is required
pursuant to Section 290, the Department of Justice shall not
disseminate information pursuant to this subdivision unless the
conviction occurred within 10 years of the date of the agency’s
request for information or the conviction is over 10 years old but
the subject of the request was incarcerated within 10 years of the
agency’s request for information.

(B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code 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.

(o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the
Department of Justice as the result of an application by an
authorized agency or organization pursuant to Section 379 or 550
of the Financial Code, or any statute that incorporates the criteria
of either of those sections or this subdivision by reference, and the
information is to be used for employment, licensing, or certification
purposes.

(2) Notwithstanding any other provision of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
550 of the Financial begin delete Code. end delete begin insert Code, end insert begin insert except a conviction for which
the applicant has been granted relief pursuant to Section 1203.4 end insert begin insert . end insert

(B) Every arrest for a violation or attempted violation of an
offense specified in Section 550 of the Financial Code 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.

(p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o), or
by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that section
or this subdivision by reference, and the information is to be used
for employment, licensing, or certification purposes.

(2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is initially furnished
pursuant to paragraph (1), the Department of Justice shall
disseminate the following information:

(A) Every conviction rendered against the begin delete applicant. end delete begin insert applicant, end insert
begin insert except a conviction for which the applicant has been granted relief
pursuant to Section 1203.4 end insert begin insert . end insert

(B) 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.

(q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent notification pursuant to
Section 11105.2. This subdivision shall not supersede sections that
mandate an agency, organization, or individual to contract with
the Department of Justice for subsequent notification pursuant to
Section 11105.2.

(r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other
statutory notification requirements.

(s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal
criminal history information.

(t) Whenever state or federal summary criminal history
information is furnished by the Department of Justice as the result
of an application by an authorized agency, organization, or
individual defined in subdivisions (k) to (p), inclusive, and the
information is to be used for employment, licensing, or certification
purposes, the authorized agency, organization, or individual shall
expeditiously furnish a copy of the information to the person to
whom the information relates if the information is a basis for an
adverse employment, licensing, or certification decision. When
furnished other than in person, the copy shall be delivered to the
last contact information provided by the applicant.

begin delete SEC. 2. end delete
begin insert SEC. 7. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.