BILL NUMBER: AB 2623	CHAPTERED  09/26/00

	CHAPTER   623
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN ASSEMBLY   MAY 17, 2000
	AMENDED IN ASSEMBLY   MAY 8, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Rod Pacheco

                        FEBRUARY 25, 2000

   An act to add Section 11105.75 to the Penal Code, relating to
criminal background information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2623, Rod Pacheco.  Department of Justice:  criminal background
checks.
   Under existing law, the Department of Justice provides criminal
background information to counties and to various state departments,
with respect to applicants for licensure, certification, or
employment.
   The bill would provide that if the requesting agency or entity
denies a license, certificate, or employment based upon the
information received from the department that is not fingerprint
verified, that the agency or entity notify the applicant of its
decision, and that the applicant would be permitted to appeal the
decision on the grounds that the applicant is not the person so
identified by the department.  These provisions would become
operative on July 1, 2002.
   By imposing additional duties on local agencies and entities, this
bill would impose a state-mandated local program.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11105.75 is added to the Penal Code, to read:
   11105.75.  (a) (1) If, in the course of performing a criminal
history background investigation for an agency or entity statutorily
authorized to receive a criminal history, the Department of Justice
determines that it appears that the applicant has criminal history
record information that the requesting agency is statutorily
authorized to receive, but the identity of the applicant cannot be
verified with fingerprints, the department shall provide a copy of
the criminal history record to the requesting agency or entity but
shall note any entries as to which the identity of the subject has
not been fingerprint verified.
   (2) The department shall compare all available identifying
characteristics of the applicant with those that appear in the
criminal history information before responding to the requesting
agency or entity with conviction disposition information that has not
been fingerprint verified.
   (b) If an agency or entity denies a license, certificate, or
employment based upon information received from the department that
is not fingerprint verified, the agency or entity shall notify the
applicant of its decision and that he or she may challenge the
identification.  In that case, the applicant may appeal the decision
of the agency or entity on the grounds that the applicant is not the
person so identified.
   (c) Neither the department nor any of its employees or any
requesting agency or entity shall be liable to any applicant for
misidentifications made pursuant to this section.
  SEC. 2.  This act shall become operative on July 1, 2002.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.