BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 428|
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THIRD READING
Bill No: AB 428
Author: Fletcher (R) and Ma (D)
Amended: 8/27/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/16/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg
NO VOTE RECORDED: Wright
SENATE JUDICIARY COMMITTEE : 5-0, 7/7/09
AYES: Corbett, Harman, Florez, Leno, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/28/09 - See last page for vote
SUBJECT : Criminal history records
SOURCE : Department of Justice
DIGEST : This bill adds foreign governments to the list
of entities to which the Attorney General has explicit
authority to release criminal records, provided that the
release is requested by the individual who is the subject
of the record and is done for the purposes of adopting a
foreign national child. This bill also allows a person to
obtain a copy of their own state summary criminal history
information from the Department of Justice (DOJ) through
submission of that individual's fingerprints, and
additional information as defined by the department, for
CONTINUED
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purposes of attempting to adopt a minor foreign national.
Senate Floor Amendments of 8/27/09 adds double jointing
language to avoid a conflict with AB 297 (Solorio).
ANALYSIS : Existing law requires the DOJ to maintain
state summary criminal history information, as defined.
(Pen. Code Sec. 11105(a)(1).)
Existing law provides that the Attorney General shall
provide state summary criminal history information to
various enumerated entities under specified circumstances.
(Pen. Code Sec. 11105(b) et seq.)
Existing law provides that the Attorney General may furnish
state summary criminal history information and, when
specified by Penal Code Section 11105(c), federal level
criminal history information upon showing a compelling need
to various enumerated entities under certain circumstances.
(Pen. Code Sec. 11105(c).)
Existing law requires that any person requesting a copy of
the criminal record relating to himself shall obtain an
application form from the DOJ which shall require his
fingerprints and other information as specified by the DOJ.
(Pen. Code Sec. 11122.)
Existing law requires that the applicant shall submit the
completed application, along with any applicable fees,
directly to the DOJ. (Pen. Code Sec. 11123.)
Existing law requires that when an application is received
by the DOJ, the department shall determine whether a record
pertaining to the applicant is maintained. If such a
record is maintained, the department shall furnish a copy
of the record to the applicant or person designated by the
applicant. If no record is maintained, the department
shall notify the applicant, or person designated by the
applicant. (Pen. Code Sec. 11124.)
This bill adds foreign governments to the list of entities
to which the Attorney General is explicitly authorized to
release state level and federal level criminal history
information, provided that:
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1.The information is requested by the individual who is the
subject of the record requested;
2.The information is needed in relation to the individual's
application to adopt a minor foreign national;
3.Requests for information are done pursuant to Penal Code
Sections 11122 to 11124; and
4.The response shall be given to the foreign government, or
its designee, and to the individual who requested the
information.
This bill is double jointed with AB 297 (Solorio).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/28/09)
Department of Justice (source)
California Family Council
Los Angeles District Attorney's Office
ARGUMENTS IN SUPPORT : According to the author's office,
many foreign governments require potential adoptive
parents, who are current or previous residents of
California, to provide evidence of their California
criminal history. However, there is no explicit authority
which allows the DOJ to release such information to these
entities.
Currently, the DOJ has developed a "work around" process
through a broad reading of Penal Code Section 11105(c)(9),
which allows the DOJ to provide state summary criminal
information if the individual requesting the record is the
subject of the record, and if the record is needed in
conjunction with an application to enter the United States
or any foreign nation. However, the author and sponsor
argue that this procedure is not adequate, as the procedure
does not explicitly provide that the information can be
used in determining the prospective adoptive parent's
suitability for adoption.
Another issue faced by prospective adoptive parents is that
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many foreign governments require the criminal record check
to have a certification of authenticity by the Secretary of
the State. This certification requires a unique format
different than that required of other background checks.
However, because no explicit authority has been given to
the DOJ to release information for foreign adoption
purposes, applicants must indicate that the background
check is for VISA or Immigration purposes. The DOJ is then
unable to differentiate which background checks would
necessitate the specific format required for foreign
adoptions. If the criminal record check is not submitted
in the correct format, it hinders the prospective adoptive
parent from continuing with the adoption proceedings.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
RJG:nl 8/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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