BILL ANALYSIS
SB 447
Page 1
Date of Hearing: July 1, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 447 (Yee) - As Amended: April 21, 2009
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires the Department of Justice (DOJ) to establish
and maintain, beginning January 1, 2011, a confirmation program
to process fingerprint-based criminal record background
clearances on individuals designated by agencies as custodians
of records. Specifically, this bill:
1)Defines custodian of records as an individual designated by an
agency as responsible for the security, storage,
dissemination, and destruction of criminal records furnished
to the agency, and who serves as the primary contact for DOJ
for any related issues.
2)Requires each public and private agency that receives criminal
history information from DOJ to designate at least one
custodian of records and submit his or her fingerprints to DOJ
for a state and federal background check.
3)Provides that effective July 1, 2011, no person may serve as a
custodian of records unless confirmed by DOJ.
4)Authorizes DOJ to charge a $30 fee to cover costs of the
confirmation program, in addition to a fee sufficient to cover
the cost of processing state and federal background checks.
SB 447
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5)Specifies DOJ shall not confirm as custodian of records any
individual convicted of a felony offense or any other offense
that involves moral turpitude, dishonesty, or fraud, as
specified.
6)Requires an agency to 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.
FISCAL EFFECT
1)DOJ projects ongoing costs of about $1 million for custodian
of records background clearances, fully covered by fees.
2)Minor, likely absorbable costs, to public and private agencies
who receive DOJ criminal history information to designate and
investigate a person to serve as custodian of records.
COMMENTS
1)Rationale . Agencies that apply to DOJ for access to state
summary criminal offender record information (CORI) are
required by DOJ to designate a person to function as the
custodian of records. The custodian of records is responsible
for ensuring compliance with statutory and regulatory
requirements regarding security, storage, dissemination, and
destruction of criminal records furnished to the agency. The
custodian of records also serves as the primary contact for
DOJ for any criminal record related issues. While current CORI
practice assumes persons with certain convictions are not
placed in specified positions of trust, there are no statutory
exclusions.
Conceivably, a custodian of records could be convicted of a
violent crime or crimes against children and approve him or
herself for the position, while others in the agency are
unaware of the applicant's criminal history.
Under current law, when specified employees of a public or
private entity must obtain a criminal background check through
DOJ, these records are sent to the designated custodian of
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records at that entity. The law does not provide, however, for
a process to make sure that the custodian of records is the
appropriate person to have access to such sensitive criminal
history information and to be responsible for its storage,
dissemination and destruction. This bill establishes such a
process.
2)Proponents include DOJ, AFSCME, CA Police Chiefs Association,
CA Peace Officers Association, Crime Victims United, the L.A.
District Attorney, and the California Coalition Against Sexual
Assault.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081