Amended in Senate January 4, 2016

Amended in Senate April 6, 2015

Senate Bill No. 512

Introduced by Senator Hill

February 26, 2015

An act to amend begin delete Section 13300 of the Penal Code, relating to criminal history information. end delete begin insert Sections 306, 311.5, 910.1, and 1701 of, to add Section 1711 to, and to repeal and add Section 910 of, the Public Utilities Code, relating to the Public Utilities Commission. end insert

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert

(1) The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the commission to meet at those other times and places as may be expedient and necessary for the proper performance of its duties.

end insert begin insert

This bill would require that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento and would require that the commission hold no less than 6 sessions each year in the City of Sacramento.

end insert begin insert

(2) The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.

end insert begin insert

This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before instituting a proceeding on its own motion, where feasible and appropriate, to seek the views of those who are likely to be affected by a decision in the proceeding. The bill would require the commission to include a docket card that lists the public versions of all prepared written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commission’s ratemaking process.

end insert begin insert

(3) The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commission’s ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public adviser and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.

end insert begin insert

This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior year’s workplan. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.

end insert begin insert

(4) The Public Utilities Act requires the commission to submit a report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.

end insert begin insert

This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commission’s timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and to include the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.

end insert begin delete

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.

end delete begin delete

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.

end delete begin 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.

end delete begin delete

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.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 306 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

306.  

(a) The office of the commission shall be in the City and
County of San Francisco. The office shall always be open, legal
holidays and nonjudicial days excepted. The commission shall
hold its sessions at least once in each calendar month in the City
and County of San begin delete Francisco. end delete begin insert end insert begin insert Francisco or the City of Sacramento. end insert
The commission may also meet at such other times and in such
other places as may be expedient and necessary for the proper
performance of its duties, and for that purpose may rent quarters
or offices. begin insert The commission shall hold no less than six sessions
each year in the City of Sacramento. end insert

(b) The meetings of the commission shall be open and public
in accordance with the provisions of Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code.

In addition to the requirements of Section 11125 of the
Government Code, the commission shall include in its notice of
meetings the agenda of business to be transacted, and no item of
business shall be added to the agenda subsequent to the notice in
the absence of an unforeseen emergency situation. A rate increase
shall not constitute an unforeseen emergency situation. As used
in this subdivision, “meeting” shall include all investigations,
proceedings, and showings required by law to be open and public.

(c) The commission shall have a seal, bearing the inscription
“Public Utilities Commission State of California.” The seal shall
be affixed to all writs and authentications of copies of records and
to such other instruments as the commission shall direct.

(d) The commission may procure all necessary books, maps,
charts, stationery, instruments, office furniture, apparatus, and
appliances.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 311.5 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

311.5.  

(a) (1) Prior to commencement of any meeting at which
commissioners vote on items on the public begin delete agenda end delete begin insert agenda, end insert the
commission shall make available to the public copies of the agenda,
and upon request, any agenda item documents that are proposed
to be considered by the commission for action or decision at a
commission meeting.

(2) In addition, the commission shall publish the agenda, agenda
item documents, and adopted decisions in a manner that makes
copies of them easily available to the public, including publishing
those documents on the Internet. Publication of the agenda and
agenda item documents shall occur on the Internet at the same
time as the written agenda and agenda item documents are made
available to the public.

(b) The commission shall publish and maintain the following
documents on the Internet:

(1) Each of the commission’s proposed and alternate proposed
decisions and resolutions, until the decision or resolution is adopted
and published.

(2) Each of the commission’s adopted decisions and resolutions.
The publication shall occur within 10 days of the adoption of each
decision or resolution by the commission.

(3) The then-current version of the commission’s general orders
and Rules of Practice and Procedure.

(4) Each of the commission’s rulings. The commission shall
maintain those rulings on its Internet Web site until final
disposition, including disposition of any judicial appeals, of the
respective proceedings in which the rulings were issued.

(5) A docket card that lists, by title and date of filing or issuance,
all documents filed and all decisions or rulings issued in those
begin delete proceedings. end delete begin insert proceedings, including the public versions of all
prepared written testimony and advice letter filings, protests, and
responses. end insert The commission shall maintain the docket card until
final disposition, including disposition of any judicial appeals, of
the corresponding proceedings.

begin insert

(c) The commission shall make the following information
available on the Internet:

end insert begin insert

(1) Information on how members of the public and ratepayers
can gain access to the commission’s ratemaking process and
information regarding the specific matters to be decided.

end insert begin insert

(2) Information on the operation of the office of the public
advisor established in Section 321 and how the public advisor can
connect members of the public to persons responsible for specific
cases and matters to be decided.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 910 of the end insert begin insert Public Utilities Code end insert begin insert is repealed. end insert

begin delete

910.  

The commission shall do all of the following:

(a) Develop, publish, and annually update an annual workplan
report that describes in clear detail the scheduled ratemaking
proceedings and other decisions that may be considered by the
commission during the calendar year. The workplan report shall
include, but is not limited to, information on how members of the
public and ratepayers can gain access to the commission’s
ratemaking process and information regarding the specific matters
to be decided. The workplan report shall also include information
on the operation of the office of the public advisor and identify
the names and telephone numbers of those contact persons
responsible for specific cases and matters to be decided. The
workplan report shall also include a statement that specifies
activities that the commission proposes to reduce the costs of, and
rates for, energy, including electricity, and for improving the
competitive opportunities for state agriculture and other rural
energy consumers. The commission shall post the workplan report
under the Official Documents area of its Internet Web site and
shall develop a program to disseminate the information in the
workplan report utilizing computer mailing lists to provide regular
updates on the information to those members of the public and
organizations that request the information.

(b) Produce with the annual workplan report, a complete
accounting of its transactions and proceedings for the preceding
year, together with other facts, suggestions, and recommendations
that it deems of value to the people of the state, and a statement
that specifies the activities and achievements of the commission
in reducing the costs of, and rates for, energy, including electricity,
for state agriculture and other rural energy consumers.

(c) Submit annually the workplan report to the Governor and
Legislature no later than February 1 of each year.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 910 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 910. end insert   

(a) The commission shall develop, publish, and annually
update a report that contains all of the following information:

(1) A workplan that describes in clear detail the scheduled
proceedings and other decisions that may be considered by the
commission during the calendar year.

(2) Performance criteria for the commission and the executive
director, and an evaluation of the performance of the executive
director during the previous year based on criteria established in
the prior year’s workplan.

(3) An accounting of the commission’s transactions and
proceedings from the prior year, together with other facts,
suggestions, and recommendations that the commission deems of
value to the people of the state. The accounting shall include the
activities that the commission has taken, and plans to take, to
reduce the costs of, and the rates for, water and energy, including
electricity, to improve the competitiveness of the state’s industries,
including agriculture, and, to the extent possible, shall include
suggestions and recommendations for the reduction of those costs
and rates.

(4) A description of activities taken and processes instituted to
both solicit the input of customers from diverse regions of the state
in ratesetting and quasi-legislative proceedings and to process
that input in a way that makes it usable in commission
decisionmaking. The report shall describe the successes and
challenges of these processes, the effect of resource constraints,
and efforts to be made during the calendar year to further the goal
of increased public participation.

(b) (1) The commission shall submit the report required
pursuant to subdivision (a) to the Governor and the Legislature,
in compliance with Section 9795 of the Government Code, no later
than February 1 of each year.

(2) The commission shall post the report in a conspicuous area
of its Internet Web site and shall have a program to disseminate
the information in the report using computer mailing lists to
provide regular updates on the information to those members of
the public and organizations that request that information.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 910.1 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

910.1.  

The commission shall annually submit a report to the
Legislature on the begin delete number of cases where resolution exceeded the
time periods prescribed in scoping memos end delete begin insert end insert begin insert commission’s timeliness
in resolving cases, information on the disposition of applications
for rehearings, end insert and the days that commissioners presided in
hearings. begin insert The report shall include the number of scoping memos
issued in each proceeding and the number of orders issued
extending the statutory deadlines pursuant to subdivision (e) of
Section 1701.2, for all adjudication cases, and pursuant to
subdivision (a) of Section 1701.5, for all ratesetting or
quasi-legislative cases. end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1701 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

1701.  

(a) All hearings, investigations, and proceedings shall
be governed by this part and by rules of practice and procedure
adopted by the commission, and in the conduct thereof the technical
rules of evidence need not be applied. No informality in any
hearing, investigation, or proceeding or in the manner of taking
testimony shall invalidate any order, decision or rule made,
approved, or confirmed by the commission.

(b) Notwithstanding Section 11425.10 of the Government Code,
begin insert Articles 1 through 15, inclusive, of end insert Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2 of the Government
Code begin delete does end delete begin insert do end insert not apply to a hearing by the commission under this
code. begin insert The Administrative Adjudication Code of Ethics (Article 16
(commencing with Section 11475) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of the Government Code) shall apply to
administrative law judges of the commission. end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1711 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 1711. end insert   

Where feasible and appropriate, except for adjudication
cases, before instituting a proceeding on its own motion, the
commission shall seek the views of those who are likely to be
affected, including those who are likely to benefit from, and those
who are potentially subject to, a decision in that proceeding. The
commission shall demonstrate its efforts to comply with this section
in the text of the order instituting the proceeding.

end insert

begin delete

SECTION 1.  

Section 13300 of the Penal Code is amended to
read:

13300.  

(a) As used in this section:

(1) “Local summary criminal history information” means the
master record of information compiled by a 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 a 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) An 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) A city, county, city and county, or district, or an 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) A 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) A 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.

(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.

(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) A 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 a 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 an 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) A 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.

This section does not impose 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 is a “compelling need” as required to be shown in
this subdivision.

(11) A city, county, city and county, or district, or an 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. This section does not impose 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 a 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. A 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) A 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) A 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.

SEC. 2.  

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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