Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2417

Introduced by Assembly Member Cooley

February 19, 2016

An act to amend Section begin delete 19 end delete begin insert 11105.04 end insert of the Penal Code, relating to begin delete crimes. end delete begin insert child abuse. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2417, as amended, Cooley. begin delete Crimes: misdemeanors. end delete begin insert Child abuse reporting. end insert

begin insert

Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.

end insert begin insert

Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial. Existing law requires the department to charge a fee sufficient to cover the cost of processing the requests for state- and federal-level criminal offender record information.

end insert begin insert

This bill would instead prohibit the department from charging a fee for state-level criminal offender record information.

end insert begin delete

Existing law provides that except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both the fine and imprisonment.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11105.04 of the end insert begin insert Penal Code end insert begin insert is amended
to read: end insert

11105.04.  

(a) A designated Court Appointed Special Advocate
(CASA) program may submit to the Department of Justice
fingerprint images and related information of employment and
volunteer candidates for the purpose of obtaining information as
to the existence and nature of any record of child abuse
investigations contained in the Child Abuse Central Index, state-
or federal-level convictions, or state- or federal-level arrests for
which the department establishes that the applicant was released
on bail or on his or her own recognizance pending trial. Requests
for federal-level criminal offender record information received by
the department pursuant to this section shall be forwarded to the
Federal Bureau of Investigation by the department.

(b) When requesting state-level criminal offender record
information pursuant to this section, the designated CASA program
shall request subsequent arrest notification, pursuant to Section
11105.2 of the Penal Code, for all employment and volunteer
candidates.

(c) The department shall respond to the designated CASA
program with information as delineated in subdivision (p) of
Section 11105 of the Penal Code.

(d)  begin insert (1) end insert begin insert   end insert The department shall charge a fee sufficient to cover
the cost of processing the requests for begin delete state- and end delete federal-level
criminal offender record information.

begin insert

(2) The department shall not charge a fee for state-level criminal
offender record information.

end insert

(e) For purposes of this section, a designated CASA program
is a local court-appointed special advocate program that has
adopted and adheres to the guidelines established by the Judicial
Council and which has been designated by the local presiding
juvenile court judge to recruit, screen, select, train, supervise, and
support lay volunteers to be appointed by the court to help define
the best interests of children in juvenile court dependency and
wardship proceedings. For purposes of this section, there shall be
only one designated CASA program in each California county.

begin delete

(f) This section shall become operative on July 1, 2004.

end delete

begin delete

SECTION 1.  

Section 19 of the Penal Code is amended to read:

19.  

Except in cases where a different punishment is prescribed
by any law of this state, every offense declared to be a
misdemeanor is punishable by imprisonment in a county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.

end delete