BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 447|
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THIRD READING
Bill No: SB 447
Author: Yee (D)
Amended: 4/21/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/11/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Walters, Wolk, Yee
NO VOTE RECORDED: Wyland
SUBJECT : Criminal records: custodian
SOURCE : Author
DIGEST : This bill requires the Department of Justice to
create a process for obtaining background clearances on
custodian of records for agencies whose employees or
volunteers must have a criminal background check.
ANALYSIS : Existing law provides that criminal offender
record information shall be disseminated, whether directly
or through an intermediary, only to such agencies as are,
or may subsequently be, authorized access to such record by
statute.
Existing law provides that the Attorney General is
CONTINUED
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responsible for the security of criminal offender record
information.
Existing regulations provides record checks shall be
conducted on all personnel hired after July 1, 1975, who
have access to criminal offender record information.
Existing law provides that the Department of Justice (DOJ)
shall maintain summary criminal history information and
shall furnish the information to specified persons.
This bill provides that commencing January 1, 2011, DOJ
shall establish, implement and maintain a confirmation
program to process fingerprint-based criminal record
background clearances on individuals designated by agencies
as custodians of records.
This bill provides that commencing July 1, 2011, no person
shall serve as an agency custodian of records unless
confirmed by DOJ, unless they are criminal justice agency
personnel who have undergone a state and federal background
check.
This bill provides that DOJ shall charge a fee of $30 to
cover the costs of the confirmation program in addition to
a fee sufficient to cover the cost of processing the
appropriate state and federal level criminal record
background check.
This bill provides that each agency must designate at least
one custodian of records and submit to DOJ his or her
fingerprints for a state and federal background check.
Subsequent arrest notification shall be given for the
designated custodian.
This bill provides that every individual confirmed as a
custodian of records shall be at least 18 years of age and
been determined by DOJ to possess the required honesty,
credibility, truthfulness and integrity to fulfill the
responsibilities of the position.
This bill provides that DOJ shall not confirm as custodian
of records any individual who has been convicted of a
felony offense or any other offense that involves moral
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turpitude, dishonesty, or fraud, or that the applicant's
ability to perform the duties or responsibilities of a
custodian of records. The confirmation shall be revoked
if, at any time, the individual is convicted of either a
felony offense, or any other offense that involves moral
turpitude, dishonesty, or fraud, or that the applicant's
ability to perform the duties or responsibilities of a
custodian of records.
This bill provides that DOJ may also refuse to confirm or
revoke or suspend the confirmation of a person as a
custodian of records if the individual has done any of the
following:
1. Made a substantial and material misstatement or omission
in the application to the DOJ.
2. Been convicted of an offense of a nature incompatible
with the duties of a custodian of records.
3. Failed to discharge fully and faithfully any of the
duties or responsibilities required of a custodian of
records.
4. Been adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or in violation of the state
regulatory laws, or in any suit based upon a failure to
discharge fully and faithfully the duties of a custodian
of records.
5. Committed any act involving dishonesty, fraud, or
deceit.
6. Failed to submit any remittance payable upon demand by
DOJ under this section of railed to satisfy any court
ordered money judgment, including restitution.
This bill provides that that the agency shall immediately
notify DOJ when the designated custodian of records no
longer serves in that capacity. By March 1, 2012, and by
March 1 each year thereafter, the agency shall notify DOJ,
using a form provided by DOJ, of the individuals currently
serving in the capacity of custodian of records.
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This bill defines "custodian of records" as an individual
designated by an agency as responsible for the security,
storage, dissemination, and destruction of the criminal
records furnished to the agency and who serves as the
primary contact for DOJ for any related issues.
This bill defines "agency" as any public or private entity
that receives criminal history information from DOJ.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
DOJ confirmation $0 $0
$0Special*
program for
custodians of records
* Fingerprint Fee Account, fully offset by a new fee
SUPPORT : (Verified 5/12/09)
Department of Justice (co-source)
Office of the Attorney General (co-source)
American Federation of State, County and Municipal
Employees, AFL-CIO
California Coalition Against Sexual Assaults
California Peace Officers' Association
California Police Chiefs Association
Child Abuse Prevention Council
Los Angeles District Attorney
ARGUMENTS IN SUPPORT : According to the bill's sponsors:
"Agencies that apply to the Department of Justice (DOJ)
for access to state summary criminal offender record
information (CORI) are required by the DOJ to designate a
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person to function as the "Custodian of Records." The
Custodian of Records is responsible to ensure compliance
with statutory and regulatory requirements regarding the
security, storage, dissemination, and destruction of the
criminal records furnished to the agency. The Custodian
of Records also serves as the primary contact for DOJ for
any criminal record related issues.
"The laws requiring fingerprint-based CORI searches have
long been based on the premise that persons with certain
convictions shall not be placed in specified positions of
trust. Currently, the CORI response to determine the
eligibility of the agency's Custodian of Records position
is being returned to the Custodian of Records applicant.
Potentially, an applicant for a Custodian of Records
position could be convicted of a violent crime or crimes
against children and approve him or herself for the
Custodian of Records position, while others in the agency
are unaware of the applicant's criminal history. The
Custodian of Records would be able to access the COR for
other individuals applying to serve in positions of trust
within the organization. In this example, the Custodian
of Records is a benefactor of an undeserved public trust,
and those impacted may be the children served by the
agency."
RJG:mw 5/12/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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