Amended in Assembly August 30, 2013

Amended in Assembly June 25, 2013

Amended in Assembly June 19, 2013

Amended in Senate May 28, 2013

Amended in Senate April 15, 2013

Senate BillNo. 530


Introduced by Senator Wright

February 21, 2013


An act to amend Section 432.7 of the Labor Code,begin delete and to amend Section 11105 of,end delete and to add Section 4852.22begin delete to,end deletebegin insert toend insert the Penal Code, relating to criminal offenders.

LEGISLATIVE COUNSEL’S DIGEST

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

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 or ordered sealed, 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.

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.

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.

begin delete

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 delete
begin delete

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

end delete

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:

P3    1

SECTION 1.  

Section 432.7 of the Labor Code is amended to
2read:

3

432.7.  

(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, or concerning a conviction
9that has been judicially dismissed or ordered sealed pursuant to
10 law, including, but not limited to, Sections 1203.4, 1203.4a,
111203.45, and 1210.1 of the Penal Code, nor shall any employer
12seek from any source whatsoever, or utilize, as a factor in
13determining any condition of employment including hiring,
14promotion, termination, or any apprenticeship training program
15or any other training program leading to employment, any record
16of arrest or detention that did not result in conviction, or any record
17regarding a referral to, and participation in, any pretrial or posttrial
18diversion program, or concerning a conviction that has been
19judicially dismissed or ordered sealed pursuant to law, including,
20but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1
21of the Penal Code. As used in this section, a conviction shall
22include a plea, verdict, or finding of guilt regardless of whether
23sentence is imposed by the court. Nothing in this section shall
24prevent an employer from asking an employee or applicant for
25employment about an arrest for which the employee or applicant
26is out on bail or on his or her own recognizance pending trial.

27(b) Nothing in this section shall prohibit the disclosure of the
28information authorized for release under Sections 13203 and 13300
29of the Penal Code, to a government agency employing a peace
30officer. However, the employer shall not determine any condition
31of employment other than paid administrative leave based solely
32on an arrest report. The information contained in an arrest report
33may be used as the starting point for an independent, internal
34investigation of a peace officer in accordance with Chapter 9.7
35(commencing with Section 3300) of Division 4 of Title 1 of the
36Government Code.

37(c) In any case where a person violates this section, or Article
386 (commencing with Section 11140) of Chapter 1 of Title 1 of Part
P4    14 of the Penal Code, the applicant may bring an action to recover
2from that person actual damages or two hundred dollars ($200),
3whichever is greater, plus costs, and reasonable attorney’s fees.
4An intentional violation of this section shall entitle the applicant
5to treble actual damages, or five hundred dollars ($500), whichever
6is greater, plus costs, and reasonable attorney’s fees. An intentional
7violation of this section is a misdemeanor punishable by a fine not
8to exceed five hundred dollars ($500).

9(d) The remedies under this section shall be in addition to and
10not in derogation of all other rights and remedies that an applicant
11may have under any other law.

12(e) Persons seeking employment or persons already employed
13as peace officers or persons seeking employment for positions in
14the Department of Justice or other criminal justice agencies as
15defined in Section 13101 of the Penal Code are not covered by
16this section.

17(f) Nothing in this section shall prohibit an employer at a health
18facility, as defined in Section 1250 of the Health and Safety Code,
19from asking an applicant for employment either of the following:

20(1) With regard to an applicant for a position with regular access
21to patients, to disclose an arrest under any section specified in
22Section 290 of the Penal Code.

23(2) With regard to an applicant for a position with access to
24drugs and medication, to disclose an arrest under any section
25specified in Section 11590 of the Health and Safety Code.

26(g) (1) No peace officer or employee of a law enforcement
27agency with access to criminal offender record information
28maintained by a local law enforcement criminal justice agency
29shall knowingly disclose, with intent to affect a person’s
30employment, any information contained therein pertaining to an
31arrest or detention or proceeding that did not result in a conviction,
32including information pertaining to a referral to, and participation
33in, any pretrial or posttrial diversion program, to any person not
34authorized by law to receive that information.

35(2) No other person authorized by law to receive criminal
36offender record information maintained by a local law enforcement
37criminal justice agency shall knowingly disclose any information
38received therefrom pertaining to an arrest or detention or
39proceeding that did not result in a conviction, including information
40pertaining to a referral to, and participation in, any pretrial or
P5    1posttrial diversion program, to any person not authorized by law
2to receive that information.

3(3) No person, except those specifically referred to in Section
41070 of the Evidence Code, who knowing he or she is not
5authorized by law to receive or possess criminal justice records
6information maintained by a local law enforcement criminal justice
7agency, pertaining to an arrest or other proceeding that did not
8result in a conviction, including information pertaining to a referral
9to, and participation in, any pretrial or posttrial diversion program,
10shall receive or possess that information.

11(h) “A person authorized by law to receive that information,”
12for purposes of this section, means any person or public agency
13authorized by a court, statute, or decisional law to receive
14information contained in criminal offender records maintained by
15a local law enforcement criminal justice agency, and includes, but
16is not limited to, those persons set forth in Section 11105 of the
17Penal Code, and any person employed by a law enforcement
18criminal justice agency who is required by that employment to
19receive, analyze, or process criminal offender record information.

20(i) Nothing in this section shall require the Department of Justice
21to remove entries relating to an arrest or detention not resulting in
22conviction from summary criminal history records forwarded to
23an employer pursuant to law.

24(j) As used in this section, “pretrial or posttrial diversion
25program” means any program under Chapter 2.5 (commencing
26with Section 1000) or Chapter 2.7 (commencing with Section
271001) of Title 6 of Part 2 of the Penal Code, Section 13201 or
2813352.5 of the Vehicle Code, or any other program expressly
29authorized and described by statute as a diversion program.

30(k) (1) Subdivision (a) shall not apply to any city, city and
31county, county, or district, or any officer or official thereof, in
32screening a prospective concessionaire, or the affiliates and
33associates of a prospective concessionaire for purposes of
34consenting to, or approving of, the prospective concessionaire’s
35application for, or acquisition of, any beneficial interest in a
36concession, lease, or other property interest.

37(2) For purposes of this subdivision the following terms have
38the following meanings:

39(A) “Screening” means a written request for criminal history
40information made to a local law enforcement agency.

P6    1(B) “Prospective concessionaire” means any individual, general
2or limited partnership, corporation, trust, association, or other
3entity that is applying for, or seeking to obtain, a public agency’s
4consent to, or approval of, the acquisition by that individual or
5entity of any beneficial ownership interest in any public agency’s
6concession, lease, or other property right whether directly or
7indirectly held. However, “prospective concessionaire” does not
8include any of the following:

9(i) A lender acquiring an interest solely as security for a bona
10fide loan made in the ordinary course of the lender’s business and
11not made for the purpose of acquisition.

12(ii) A lender upon foreclosure or assignment in lieu of
13foreclosure of the lender’s security.

14(C) “Affiliate” means any individual or entity that controls, or
15is controlled by, the prospective concessionaire, or who is under
16common control with the prospective concessionaire.

17(D) “Associate” means any individual or entity that shares a
18common business purpose with the prospective concessionaire
19with respect to the beneficial ownership interest that is subject to
20the consent or approval of the city, county, city and county, or
21district.

22(E) “Control” means the possession, direct or indirect, of the
23power to direct, or cause the direction of, the management or
24policies of the controlled individual or entity.

25(l) (1) Nothing in subdivision (a) shall prohibit a public agency,
26or any officer or official thereof, from denying consent to, or
27approval of, a prospective concessionaire’s application for, or
28acquisition of, any beneficial interest in a concession, lease, or
29other property interest based on the criminal history information
30of the prospective concessionaire or the affiliates or associates of
31the prospective concessionaire that show any criminal conviction
32for offenses involving moral turpitude. Criminal history
33information for purposes of this subdivision includes any criminal
34history information obtained pursuant to Section 11105 or 13300
35of the Penal Code.

36(2) In considering criminal history information, a public agency
37shall consider the crime for which the prospective concessionaire
38or the affiliates or associates of the prospective concessionaire was
39convicted only if that crime relates to the specific business that is
40proposed to be conducted by the prospective concessionaire.

P7    1(3) Any prospective concessionaire whose application for
2consent or approval to acquire a beneficial interest in a concession,
3lease, or other property interest is denied based on criminal history
4information shall be provided a written statement of the reason for
5the denial.

6(4) (A) If the prospective concessionaire submits a written
7request to the public agency within 10 days of the date of the notice
8of denial, the public agency shall review its decision with regard
9to any corrected record or other evidence presented by the
10prospective concessionaire as to the accuracy or incompleteness
11of the criminal history information utilized by the public agency
12in making its original decision.

13(B) The prospective concessionaire shall submit the copy or the
14corrected record of any other evidence to the public agency within
1590 days of a request for review. The public agency shall render its
16decision within 20 days of the submission of evidence by the
17prospective concessionaire.

18(m) Subdivision (a) does not prohibit an employer from asking
19an applicant about a criminal conviction of, seeking from any
20source information regarding a criminal conviction of, utilizing as
21a factor in determining any condition of employment of, or entry
22into a pretrial diversion or similar program by, the applicant if,
23pursuant to Section 1829 of Title 12 of the United States Code or
24any other state or federal law, any of the following apply:

25(1) The employer is required by law to obtain information
26regarding a conviction of an applicant.

27(2) The applicant would be required to possess or use a firearm
28in the course of his or her employment.

29(3) An individual who has been convicted of a crime is
30prohibited by law from holding the position sought by the
31applicant, regardless of whether that conviction has been expunged,
32judicially ordered sealed, statutorily eradicated, or judicially
33dismissed following probation.

34(4) The employer is prohibited by law from hiring an applicant
35who has been convicted of a crime.

36

SEC. 2.  

Section 4852.22 is added to the Penal Code, to read:

37

4852.22.  

Except in a case requiring registration pursuant to
38Section 290, a trial court hearing an application for a certificate
39of rehabilitation before the applicable period of rehabilitation has
P8    1elapsed may grant the application if the court, in its discretion,
2believes relief serves the interests of justice.

begin delete
3

SEC. 3.  

Section 11105 of the Penal Code is amended to read:

4

11105.  

(a) (1) The Department of Justice shall maintain state
5summary criminal history information.

6(2) As used in this section:

7(A) “State summary criminal history information” means the
8master record of information compiled by the Attorney General
9pertaining to the identification and criminal history of any person,
10such as name, date of birth, physical description, fingerprints,
11photographs, dates of arrests, arresting agencies and booking
12numbers, charges, dispositions, and similar data about the person.

13(B) “State summary criminal history information” does not refer
14to records and data compiled by criminal justice agencies other
15than the Attorney General, nor does it refer to records of complaints
16to or investigations conducted by, or records of intelligence
17information or security procedures of, the office of the Attorney
18General and the Department of Justice.

19(b) The Attorney General shall furnish state summary criminal
20history information to any of the following, if needed in the course
21of their duties, provided that when information is furnished to
22assist an agency, officer, or official of state or local government,
23a public utility, or any other entity, in fulfilling employment,
24certification, or licensing duties, Chapter 1321 of the Statutes of
251974 and Section 432.7 of the Labor Code shall apply:

26(1) The courts of the state.

27(2) Peace officers of the state, as defined in Section 830.1,
28subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
29830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
30(a) of Section 830.31.

31(3) District attorneys of the state.

32(4) Prosecuting city attorneys of any city within the state.

33(5) City attorneys pursuing civil gang injunctions pursuant to
34Section 186.22a, or drug abatement actions pursuant to Section
353479 or 3480 of the Civil Code, or Section 11571 of the Health
36and Safety Code.

37(6) Probation officers of the state.

38(7) Parole officers of the state.

P9    1(8) A public defender or attorney of record when representing
2a person in proceedings upon a petition for a certificate of
3 rehabilitation and pardon pursuant to Section 4852.08.

4(9) A public defender or attorney of record when representing
5a person in a criminal case, or a parole, mandatory supervision
6pursuant to paragraph (5) of subdivision (h) of Section 1170, or
7postrelease community supervision revocation or revocation
8extension proceeding, and if authorized access by statutory or
9decisional law.

10(10) Any agency, officer, or official of the state if the criminal
11history information is required to implement a statute or regulation
12that expressly refers to specific criminal conduct applicable to the
13subject person of the state summary criminal history information,
14and contains requirements or exclusions, or both, expressly based
15upon that specified criminal conduct. The agency, officer, or
16official of the state authorized by this paragraph to receive state
17summary criminal history information may also transmit fingerprint
18images and related information to the Department of Justice to be
19transmitted to the Federal Bureau of Investigation.

20(11) Any city or county, city and county, district, or any officer
21or official thereof if access is needed in order to assist that agency,
22officer, or official in fulfilling employment, certification, or
23licensing duties, and if the access is specifically authorized by the
24city council, board of supervisors, or governing board of the city,
25county, or district if the criminal history information is required
26to implement a statute, ordinance, or regulation that expressly
27refers to specific criminal conduct applicable to the subject person
28of the state summary criminal history information, and contains
29requirements or exclusions, or both, expressly based upon that
30specified criminal conduct. The city or county, city and county,
31district, or the officer or official thereof authorized by this
32paragraph may also transmit fingerprint images and related
33information to the Department of Justice to be transmitted to the
34Federal Bureau of Investigation.

35(12) The subject of the state summary criminal history
36information under procedures established under Article 5
37(commencing with Section 11120).

38(13) Any person or entity when access is expressly authorized
39by statute if the criminal history information is required to
40implement a statute or regulation that expressly refers to specific
P10   1criminal conduct applicable to the subject person of the state
2summary criminal history information, and contains requirements
3or exclusions, or both, expressly based upon that specified criminal
4conduct.

5(14) Health officers of a city, county, city and county, or district
6when in the performance of their official duties enforcing Section
7120175 of the Health and Safety Code.

8(15) Any managing or supervising correctional officer of a
9county jail or other county correctional facility.

10(16) Any humane society, or society for the prevention of cruelty
11to animals, for the specific purpose of complying with Section
1214502 of the Corporations Code for the appointment of humane
13officers.

14(17) Local child support agencies established by Section 17304
15of the Family Code. When a local child support agency closes a
16support enforcement case containing summary criminal history
17information, the agency shall delete or purge from the file and
18destroy any documents or information concerning or arising from
19offenses for or of which the parent has been arrested, charged, or
20convicted, other than for offenses related to the parent’s having
21failed to provide support for minor children, consistent with the
22requirements of Section 17531 of the Family Code.

23(18) County child welfare agency personnel who have been
24delegated the authority of county probation officers to access state
25summary criminal history information pursuant to Section 272 of
26the Welfare and Institutions Code for the purposes specified in
27Section 16504.5 of the Welfare and Institutions Code. Information
28from criminal history records provided pursuant to this subdivision
29shall not be used for any purposes other than those specified in
30this section and Section 16504.5 of the Welfare and Institutions
31Code. When an agency obtains records obtained both on the basis
32of name checks and fingerprint checks, final placement decisions
33shall be based only on the records obtained pursuant to the
34fingerprint check.

35(19) The court of a tribe, or court of a consortium of tribes, that
36has entered into an agreement with the state pursuant to Section
3710553.1 of the Welfare and Institutions Code. This information
38may be used only for the purposes specified in Section 16504.5
39of the Welfare and Institutions Code and for tribal approval or
40tribal licensing of foster care or adoptive homes. Article 6
P11   1(commencing with Section 11140) shall apply to officers, members,
2and employees of a tribal court receiving criminal record offender
3information pursuant to this section.

4(20) Child welfare agency personnel of a tribe or consortium
5of tribes that has entered into an agreement with the state pursuant
6to Section 10553.1 of the Welfare and Institutions Code and to
7whom the state has delegated duties under paragraph (2) of
8subdivision (a) of Section 272 of the Welfare and Institutions Code.
9The purposes for use of the information shall be for the purposes
10specified in Section 16504.5 of the Welfare and Institutions Code
11and for tribal approval or tribal licensing of foster care or adoptive
12homes. When an agency obtains records on the basis of name
13checks and fingerprint checks, final placement decisions shall be
14based only on the records obtained pursuant to the fingerprint
15check. Article 6 (commencing with Section 11140) shall apply to
16child welfare agency personnel receiving criminal record offender
17information pursuant to this section.

18(21) An officer providing conservatorship investigations
19pursuant to Sections 5351, 5354, and 5356 of the Welfare and
20Institutions Code.

21(22) A court investigator providing investigations or reviews
22in conservatorships pursuant to Section 1826, 1850, 1851, or
232250.6 of the Probate Code.

24(23) A person authorized to conduct a guardianship investigation
25pursuant to Section 1513 of the Probate Code.

26(24) A humane officer pursuant to Section 14502 of the
27Corporations Code for the purposes of performing his or her duties.

28(c) The Attorney General may furnish state summary criminal
29history information and, when specifically authorized by this
30subdivision, federal level criminal history information upon a
31showing of a compelling need to any of the following, provided
32that when information is furnished to assist an agency, officer, or
33official of state or local government, a public utility, or any other
34entity in fulfilling employment, certification, or licensing duties,
35Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
36Labor Code shall apply:

37(1) Any public utility, as defined in Section 216 of the Public
38Utilities Code, that operates a nuclear energy facility when access
39is needed in order to assist in employing persons to work at the
40facility, provided that, if the Attorney General supplies the data,
P12   1he or she shall furnish a copy of the data to the person to whom
2the data relates.

3(2) To a peace officer of the state other than those included in
4subdivision (b).

5(3) To an illegal dumping enforcement officer as defined in
6subdivision (j) of Section 830.7.

7(4) To a peace officer of another country.

8(5) To public officers, other than peace officers, of the United
9States, other states, or possessions or territories of the United
10States, provided that access to records similar to state summary
11criminal history information is expressly authorized by a statute
12of the United States, other states, or possessions or territories of
13the United States if the information is needed for the performance
14of their official duties.

15(6) To any person when disclosure is requested by a probation,
16parole, or peace officer with the consent of the subject of the state
17summary criminal history information and for purposes of
18furthering the rehabilitation of the subject.

19(7) The courts of the United States, other states, or territories
20or possessions of the United States.

21(8) Peace officers of the United States, other states, or territories
22or possessions of the United States.

23(9) To any individual who is the subject of the record requested
24if needed in conjunction with an application to enter the United
25States or any foreign nation.

26(10) (A) (i) Any public utility, as defined in Section 216 of the
27Public Utilities Code, or any cable corporation as defined in
28subparagraph (B), if receipt of criminal history information is
29needed in order to assist in employing current or prospective
30employees, contract employees, or subcontract employees who,
31in the course of their employment may be seeking entrance to
32private residences or adjacent grounds. The information provided
33shall be limited to the record of convictions and any arrest for
34which the person is released on bail or on his or her own
35recognizance pending trial.

36(ii) If the Attorney General supplies the data pursuant to this
37paragraph, the Attorney General shall furnish a copy of the data
38to the current or prospective employee to whom the data relates.

39(iii) Any information obtained from the state summary criminal
40history is confidential and the receiving public utility or cable
P13   1corporation shall not disclose its contents, other than for the
2purpose for which it was acquired. The state summary criminal
3history information in the possession of the public utility or cable
4corporation and all copies made from it shall be destroyed not
5more than 30 days after employment or promotion or transfer is
6denied or granted, except for those cases where a current or
7prospective employee is out on bail or on his or her own
8recognizance pending trial, in which case the state summary
9criminal history information and all copies shall be destroyed not
10more than 30 days after the case is resolved.

11(iv) A violation of this paragraph is a misdemeanor, and shall
12give the current or prospective employee who is injured by the
13violation a cause of action against the public utility or cable
14corporation to recover damages proximately caused by the
15violations. Any public utility’s or cable corporation’s request for
16state summary criminal history information for purposes of
17employing current or prospective employees who may be seeking
18entrance to private residences or adjacent grounds in the course
19of their employment shall be deemed a “compelling need” as
20required to be shown in this subdivision.

21(v) Nothing in this section shall be construed as imposing any
22duty upon public utilities or cable corporations to request state
23summary criminal history information on any current or prospective
24employees.

25(B) For purposes of this paragraph, “cable corporation” means
26any corporation or firm that transmits or provides television,
27computer, or telephone services by cable, digital, fiber optic,
28satellite, or comparable technology to subscribers for a fee.

29(C) Requests for federal level criminal history information
30received by the Department of Justice from entities authorized
31pursuant to subparagraph (A) shall be forwarded to the Federal
32Bureau of Investigation by the Department of Justice. Federal level
33criminal history information received or compiled by the
34Department of Justice may then be disseminated to the entities
35referenced in subparagraph (A), as authorized by law.

36(D) (i) Authority for a cable corporation to request state or
37federal level criminal history information under this paragraph
38shall commence July 1, 2005.

P14   1(ii) Authority for a public utility to request federal level criminal
2history information under this paragraph shall commence July 1,
32005.

4(11) To any campus of the California State University or the
5University of California, or any four year college or university
6 accredited by a regional accreditation organization approved by
7the United States Department of Education, if needed in
8conjunction with an application for admission by a convicted felon
9to any special education program for convicted felons, including,
10but not limited to, university alternatives and halfway houses. Only
11conviction information shall be furnished. The college or university
12may require the convicted felon to be fingerprinted, and any inquiry
13to the department under this section shall include the convicted
14felon’s fingerprints and any other information specified by the
15department.

16(12) To any foreign government, if requested by the individual
17who is the subject of the record requested, if needed in conjunction
18with the individual’s application to adopt a minor child who is a
19citizen of that foreign nation. Requests for information pursuant
20to this paragraph shall be in accordance with the process described
21in Sections 11122 to 11124, inclusive. The response shall be
22provided to the foreign government or its designee and to the
23individual who requested the information.

24(d) Whenever an authorized request for state summary criminal
25history information pertains to a person whose fingerprints are on
26file with the Department of Justice and the department has no
27criminal history of that person, and the information is to be used
28for employment, licensing, or certification purposes, the fingerprint
29card accompanying the request for information, if any, may be
30stamped “no criminal record” and returned to the person or entity
31making the request.

32(e) Whenever state summary criminal history information is
33furnished as the result of an application and is to be used for
34employment, licensing, or certification purposes, the Department
35of Justice may charge the person or entity making the request a
36fee that it determines to be sufficient to reimburse the department
37for the cost of furnishing the information. In addition, the
38Department of Justice may add a surcharge to the fee to fund
39maintenance and improvements to the systems from which the
40information is obtained. Notwithstanding any other law, any person
P15   1or entity required to pay a fee to the department for information
2received under this section may charge the applicant a fee sufficient
3to reimburse the person or entity for this expense. All moneys
4received by the department pursuant to this section, Sections
511105.3 and 26190, and former Section 13588 of the Education
6Code shall be deposited in a special account in the General Fund
7to be available for expenditure by the department to offset costs
8incurred pursuant to those sections and for maintenance and
9improvements to the systems from which the information is
10obtained upon appropriation by the Legislature.

11(f) Whenever there is a conflict, the processing of criminal
12fingerprints and fingerprints of applicants for security guard or
13alarm agent registrations or firearms qualification permits
14submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
15of the Business and Professions Code shall take priority over the
16processing of other applicant fingerprints.

17(g) It is not a violation of this section to disseminate statistical
18or research information obtained from a record, provided that the
19identity of the subject of the record is not disclosed.

20(h) It is not a violation of this section to include information
21obtained from a record in (1) a transcript or record of a judicial or
22administrative proceeding or (2) any other public record if the
23inclusion of the information in the public record is authorized by
24a court, statute, or decisional law.

25(i) Notwithstanding any other law, the Department of Justice
26or any state or local law enforcement agency may require the
27submission of fingerprints for the purpose of conducting summary
28criminal history information checks that are authorized by law.

29(j) The state summary criminal history information shall include
30any finding of mental incompetence pursuant to Chapter 6
31(commencing with Section 1367) of Title 10 of Part 2 arising out
32of a complaint charging a felony offense specified in Section 290.

33(k) (1) This subdivision shall apply whenever state or federal
34summary criminal history information is furnished by the
35Department of Justice as the result of an application by an
36authorized agency or organization and the information is to be
37used for peace officer employment or certification purposes. As
38used in this subdivision, a peace officer is defined in Chapter 4.5
39(commencing with Section 830) of Title 3 of Part 2.

P16   1(2) Notwithstanding any other provision of law, whenever state
2summary criminal history information is initially furnished
3pursuant to paragraph (1), the Department of Justice shall
4disseminate the following information:

5(A) Every conviction rendered against the applicant.

6(B) Every arrest for an offense for which the applicant is
7presently awaiting trial, whether the applicant is incarcerated or
8has been released on bail or on his or her own recognizance
9pending trial.

10(C) Every arrest or detention, except for an arrest or detention
11resulting in an exoneration, provided however that where the
12records of the Department of Justice do not contain a disposition
13for the arrest, the Department of Justice first makes a genuine effort
14to determine the disposition of the arrest.

15(D) Every successful diversion.

16(E) Every date and agency name associated with all retained
17peace officer or nonsworn law enforcement agency employee
18preemployment criminal offender record information search
19requests.

20(l) (1) This subdivision shall apply whenever state or federal
21summary criminal history information is furnished by the
22Department of Justice as the result of an application by a criminal
23justice agency or organization as defined in Section 13101, and
24the information is to be used for criminal justice employment,
25licensing, or certification purposes.

26(2) Notwithstanding any other provision of law, whenever state
27summary criminal history information is initially furnished
28pursuant to paragraph (1), the Department of Justice shall
29disseminate the following information:

30(A) Every conviction rendered against the applicant.

31(B) Every arrest for an offense for which the applicant is
32presently awaiting trial, whether the applicant is incarcerated or
33has been released on bail or on his or her own recognizance
34pending trial.

35(C) Every arrest for an offense for which the records of the
36Department of Justice do not contain a disposition or did not result
37in a conviction, provided that the Department of Justice first makes
38a genuine effort to determine the disposition of the arrest. However,
39information concerning an arrest shall not be disclosed if the
40records of the Department of Justice indicate or if the genuine
P17   1effort reveals that the subject was exonerated, successfully
2completed a diversion or deferred entry of judgment program, or
3the arrest was deemed a detention.

4(D) Every date and agency name associated with all retained
5peace officer or nonsworn law enforcement agency employee
6preemployment criminal offender record information search
7requests.

8(m) (1) This subdivision shall apply whenever state or federal
9summary criminal history information is furnished by the
10Department of Justice as the result of an application by an
11authorized agency or organization pursuant to Section 1522,
121568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
13any statute that incorporates the criteria of any of those sections
14or this subdivision by reference, and the information is to be used
15for employment, licensing, or certification purposes.

16(2) Notwithstanding any other provision of law, whenever state
17summary criminal history information is initially furnished
18pursuant to paragraph (1), the Department of Justice shall
19disseminate the following information:

20(A) Every conviction of an offense rendered against the
21applicant, except a conviction for which the applicant has been
22granted relief pursuant to Section 1203.4, 1203.4a, 1203.45, or
231210.1.

24(B) Every arrest for an offense for which the applicant is
25presently awaiting trial, whether the applicant is incarcerated or
26has been released on bail or on his or her own recognizance
27pending trial.

28(C) Every arrest for an offense for which the Department of
29Social Services is required by paragraph (1) of subdivision (a) of
30Section 1522 of the Health and Safety Code to determine if an
31applicant has been arrested. However, if the records of the
32Department of Justice do not contain a disposition for an arrest,
33the Department of Justice shall first make a genuine effort to
34determine the disposition of the arrest.

35(3) Notwithstanding the requirements of the sections referenced
36in paragraph (1) of this subdivision, the Department of Justice
37shall not disseminate information about an arrest subsequently
38deemed a detention or an arrest that resulted in either the successful
39completion of a diversion program or exoneration.

P18   1(n) (1) This subdivision shall apply whenever state or federal
2summary criminal history information, to be used for employment,
3licensing, or certification purposes, is furnished by the Department
4of Justice as the result of an application by an authorized agency,
5organization, or individual pursuant to any of the following:

6(A) Paragraph (9) of subdivision (c), when the information is
7to be used by a cable corporation.

8(B) Section 11105.3 or 11105.4.

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

10(D) Any statute that incorporates the criteria of any of the
11statutory provisions listed in subparagraph (A), (B), or (C), or of
12this subdivision, by reference.

13(2) With the exception of applications submitted by
14transportation companies authorized pursuant to Section 11105.3,
15and notwithstanding any other provision of law, whenever state
16 summary criminal history information is initially furnished
17pursuant to paragraph (1), the Department of Justice shall
18disseminate the following information:

19(A) Every conviction rendered against the applicant for a
20violation or attempted violation of any offense specified in
21subdivision (a) of Section 15660 of the Welfare and Institutions
22Code, except a conviction for which the applicant has been granted
23relief pursuant to Section 1203.4, 1203.4a, 1203.45, or 1210.1.
24However, with the exception of those offenses for which
25registration is required pursuant to Section 290, the Department
26of Justice shall not disseminate information pursuant to this
27 subdivision unless the conviction occurred within 10 years of the
28date of the agency’s request for information or the conviction is
29over 10 years old but the subject of the request was incarcerated
30within 10 years of the agency’s request for information.

31(B) Every arrest for a violation or attempted violation of an
32offense specified in subdivision (a) of Section 15660 of the Welfare
33and Institutions Code for which the applicant is presently awaiting
34trial, whether the applicant is incarcerated or has been released on
35bail or on his or her own recognizance pending trial.

36(o) (1) This subdivision shall apply whenever state or federal
37summary criminal history information is furnished by the
38Department of Justice as the result of an application by an
39authorized agency or organization pursuant to Section 379 or 550
40of the Financial Code, or any statute that incorporates the criteria
P19   1of either of those sections or this subdivision by reference, and the
2information is to be used for employment, licensing, or certification
3purposes.

4(2) Notwithstanding any other provision of law, whenever state
5summary criminal history information is initially furnished
6pursuant to paragraph (1), the Department of Justice shall
7disseminate the following information:

8(A) Every conviction rendered against the applicant for a
9violation or attempted violation of any offense specified in Section
10550 of the Financial Code, except a conviction for which the
11applicant has been granted relief pursuant to Section 1203.4,
121203.4a, 1203.45, or 1210.1.

13(B) Every arrest for a violation or attempted violation of an
14offense specified in Section 550 of the Financial Code for which
15the applicant is presently awaiting trial, whether the applicant is
16incarcerated or has been released on bail or on his or her own
17recognizance pending trial.

18(p) (1) This subdivision shall apply whenever state or federal
19criminal history information is furnished by the Department of
20Justice as the result of an application by an agency, organization,
21or individual not defined in subdivision (k), (l), (m), (n), or (o), or
22by a transportation company authorized pursuant to Section
2311105.3, or any statute that incorporates the criteria of that section
24or this subdivision by reference, and the information is to be used
25for employment, licensing, or certification purposes.

26(2) Notwithstanding any other provisions of law, whenever state
27summary criminal history information is initially furnished
28pursuant to paragraph (1), the Department of Justice shall
29disseminate the following information:

30(A) Every conviction rendered against the applicant, except a
31conviction for which the applicant has been granted relief pursuant
32to Section 1203.4, 1203.4a, 1203.45, or 1210.1.

33(B) Every arrest for an offense for which the applicant is
34presently awaiting trial, whether the applicant is incarcerated or
35has been released on bail or on his or her own recognizance
36pending trial.

37(q) All agencies, organizations, or individuals defined in
38subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
39Department of Justice for subsequent notification pursuant to
40Section 11105.2. This subdivision shall not supersede sections that
P20   1mandate an agency, organization, or individual to contract with
2the Department of Justice for subsequent notification pursuant to
3Section 11105.2.

4(r) Nothing in this section shall be construed to mean that the
5Department of Justice shall cease compliance with any other
6statutory notification requirements.

7(s) The provisions of Section 50.12 of Title 28 of the Code of
8Federal Regulations are to be followed in processing federal
9criminal history information.

10(t) Whenever state or federal summary criminal history
11information is furnished by the Department of Justice as the result
12of an application by an authorized agency, organization, or
13individual defined in subdivisions (k) to (p), inclusive, and the
14information is to be used for employment, licensing, or certification
15purposes, the authorized agency, organization, or individual shall
16expeditiously furnish a copy of the information to the person to
17whom the information relates if the information is a basis for an
18adverse employment, licensing, or certification decision. When
19furnished other than in person, the copy shall be delivered to the
20last contact information provided by the applicant.

end delete
21

begin deleteSEC. 4.end delete
22begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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