Amended in Senate April 6, 2015

Senate Bill No. 512

Introduced by Senator Hill

February 26, 2015

An act to amend Section begin delete 451 of the Public Utilities Code, relating to public utilities. end delete begin insert 13300 of the Penal Code, relating to criminal history information. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 512, as amended, Hill. begin delete Public utilities: rates. end delete begin insert Criminal History Information: Health Services Personnel. end insert

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Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires each local agency to furnish local summary criminal history information to specified entities, including, but not limited to, the courts of the state, peace officers, district attorneys, probation officers, and parole officers, when the information is needed in the course of their duties.

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This bill would require local criminal justice agencies to additionally furnish summary criminal history information to city, county, and city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, for the purpose of providing assessment, treatment, rehabilitation, or other health care to those individuals. By imposing new duties upon a local criminal justice agency with respect to furnishing local summary criminal history information, this bill would impose a state-mandated local program.

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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.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires a public utility to furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.

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This bill would make nonsubstantive revisions in these provisions.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 13300 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

13300.  

(a) As used in this section:

(1) “Local summary criminal history information” means the
master record of information compiled by begin delete any end delete begin insert a end insert local criminal
justice agency pursuant to Chapter 2 (commencing with Section
13100) of Title 3 of Part 4 pertaining to the identification and
criminal history of any person, such as name, date of birth, physical
description, dates of arrests, arresting agencies and booking
numbers, charges, dispositions, and similar data about the person.

(2) “Local summary criminal history information” does not
refer to records and data compiled by criminal justice agencies
other than that local agency, nor does it refer to records of
complaints to or investigations conducted by, or records of
intelligence information or security procedures of, the local agency.

(3) “Local agency” means a local criminal justice agency.

(b) A local agency shall furnish local summary criminal history
information to any of the following, when 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 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 (d) of Section 830.2, subdivisions (a), (b),
and (j) of Section 830.3, and subdivisions (a), (b), and (c) of
Section 830.5.

(3) District attorneys of the state.

(4) Prosecuting city attorneys of begin delete any end delete begin insert a end insert 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, or
postrelease community supervision revocation or revocation
extension hearing, and when authorized access by statutory or
decisional law.

(10)  begin delete Any end delete begin insert An end insert agency, officer, or official of the state when the
local summary criminal history information is required to
implement a statute, regulation, or ordinance that expressly refers
to specific criminal conduct applicable to the subject person of the
local summary criminal history information, and contains
requirements or exclusions, or both, expressly based upon the
specified criminal conduct.

(11)  begin delete Any end delete begin insert A end insert city, county, city and county, or district, or begin delete any end delete begin insert an end insert
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is specifically
authorized by the city council, board of supervisors, or governing
board of the city, county, or district when the local summary
criminal history information is required to implement a statute,
regulation, or ordinance that expressly refers to specific criminal
conduct applicable to the subject person of the local summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.

(12) The subject of the local summary criminal history
information.

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

(14)  begin delete Any end delete begin insert A end insert managing or supervising correctional officer of a
county jail or other county correctional facility.

(15) 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 parents having
failed to provide support for the minor children, consistent with
Section 17531 of the Family Code.

(16) County child welfare agency personnel who have been
delegated the authority of county probation officers to access state
summary criminal 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.

(17) A humane officer appointed pursuant to Section 14502 of
the Corporations Code, for the purposes of performing his or her
duties. A local agency may charge a reasonable fee sufficient to
cover the costs of providing information pursuant to this paragraph.

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(18) City, county, or city and county health services personnel
who are engaged in efforts to identify and treat individuals who
have alcohol abuse, substance abuse, or mental health issues, for
the purpose of providing assessment, treatment, rehabilitation, or
other health care to those individuals.

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(c) The local agency may furnish local summary 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 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)  begin delete Any end delete begin insert A end insert public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.

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

(3) An animal control officer, authorized to exercise powers
specified in Section 830.9, for the purposes of performing his or
her official duties. A local agency may charge a reasonable fee
sufficient to cover the costs of providing information pursuant to
this paragraph.

(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 local summary
criminal history information is expressly authorized by a statute
of the United States, other states, or possessions or territories of
the United States when this information is needed for the
performance of their official duties.

(6) To begin delete any end delete begin insert a end insert person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
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 begin delete any end delete begin insert an end insert individual who is the subject of the record
requested when needed in conjunction with an application to enter
the United States or any foreign nation.

(10)  begin delete Any end delete begin insert A end insert public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing
persons who will be seeking entrance to private residences in the
course of their employment. 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.

If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.

Any information obtained from the local summary criminal
history is confidential and the receiving public utility shall not
disclose its contents, other than for the purpose for which it was
acquired. The local summary criminal history information in the
possession of the public utility and all copies made from it shall
be destroyed 30 days after employment is denied or granted,
including any appeal periods, except for those cases where an
employee or applicant 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 30
days after the case is resolved, including any appeal periods.

A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is
injured by the violation a cause of action against the public utility
to recover damages proximately caused by the violation.

begin delete Nothing in this section shall be construed as imposing end delete begin insert This
section does not impose end insert any duty upon public utilities to request
local summary criminal history information on any current or
prospective employee.

Seeking entrance to private residences in the course of
employment begin delete shall be deemed end delete begin insert is end insert a “compelling need” as required
to be shown in this subdivision.

(11)  begin delete Any end delete begin insert A end insert city, county, city and county, or district, or begin delete any end delete begin insert an end insert
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in
the screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the 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.

Any local government’s request for local summary criminal
history information for purposes of screening a prospective
concessionaire and their affiliates or associates before approving
or denying an application for, or acquisition of, any beneficial
interest in a concession, lease, or other property interest is deemed
a “compelling need” as required by this subdivision. However,
only local summary criminal history information pertaining to
criminal convictions may be obtained pursuant to this paragraph.

Any information obtained from the local summary criminal
history is confidential and the receiving local government shall
not disclose its contents, other than for the purpose for which it
was acquired. The local summary criminal history information in
the possession of the local government and all copies made from
it shall be destroyed not more than 30 days after the local
government’s final decision to grant or deny consent to, or approval
of, the prospective concessionaire’s application for, or acquisition
of, a beneficial interest in a concession, lease, or other property
interest. begin delete Nothing in this section shall be construed as imposing end delete
begin insert This section does not impose end insert any duty upon a local government,
or any officer or official thereof, to request local summary criminal
history information on any current or prospective concessionaire
or their affiliates or associates.

(12) A public agency described in subdivision (b) of Section
15975 of the Government Code, for the purpose of oversight and
enforcement policies with respect to its contracted providers.

(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency 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) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge
a fee to cover the cost of taking the fingerprints and processing
the required documents.

(f) Whenever local summary criminal history information
furnished pursuant to this section is to be used for employment,
licensing, or certification purposes, the local agency shall charge
the person or entity making the request a fee which it determines
to be sufficient to reimburse the local agency for the cost of
furnishing the information, provided that no fee shall be charged
to begin delete any end delete begin insert a end insert public law enforcement agency for local summary criminal
history information furnished to assist it in employing, licensing,
or certifying a person who is applying for employment with the
agency as a peace officer or criminal investigator. begin delete Any end delete begin insert A end insert state
agency required to pay a fee to the local agency for information
received under this section may charge the applicant a fee sufficient
to reimburse the agency for the expense.

(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.

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

(i) It is not a violation of this article 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 when the
inclusion of the information in the public record is authorized by
a court, statute, or decisional law.

(j) Notwithstanding any other law, a public prosecutor may, in
response to a written request made pursuant to Section 6253 of
the Government Code, provide information from a local summary
criminal history, if release of the information would enhance public
safety, the interest of justice, or the public’s understanding of the
justice system and the person making the request declares that the
request is made for a scholarly or journalistic purpose. If a person
in a declaration required by this subdivision willfully states as true
any material fact that he or she knows to be false, he or she shall
be subject to a civil penalty not exceeding ten thousand dollars
($10,000). The requestor shall be informed in writing of this
penalty. An action to impose a civil penalty under this subdivision
may be brought by any public prosecutor and shall be enforced as
a civil judgment.

(k) 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 record checks which are authorized
by law.

(l)  begin delete Any end delete begin insert A end insert local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention
of a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program
or a deferred entry of judgment program, to a government agency
employer of that peace officer or applicant.

(m)  begin delete Any end delete begin insert A end insert local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment
program to a government agency employer of that peace officer
or applicant.

(n) Notwithstanding subdivision (l) or (m), a local criminal
justice agency shall not release information under the following
circumstances:

(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.

(2) Information concerning an arrest or detention followed by
a dismissal or release without attempting to determine whether the
individual was exonerated.

(3) Information concerning an arrest without a disposition
without attempting to determine whether diversion has been
successfully completed or the individual was exonerated.

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begin insert SEC. 2. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 451 of the Public Utilities Code is
amended to read:

451.  

(a) All charges demanded or received by any public
utility, or by any two or more public utilities, for any product or
commodity furnished or to be furnished or any service rendered
or to be rendered shall be just and reasonable. Every unjust or
unreasonable charge demanded or received for that product or
commodity or service is unlawful.

(b) Every public utility shall furnish and maintain adequate,
efficient, just, and reasonable service, instrumentalities, equipment,
and facilities, including telephone facilities, as defined in Section
54.1 of the Civil Code, as are necessary to promote the safety,
health, comfort, and convenience of its patrons, employees, and
the public.

(c) All rules made by a public utility affecting or pertaining to
its charges or service to the public shall be just and reasonable.

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