BILL ANALYSIS
SB 447
Page 1
SENATE THIRD READING
SB 447 (Yee)
As Amended April 21, 2009
Majority vote
SENATE VOTE :33-1
PUBLIC SAFETY 7-0 APPROPRIATIONS 15-0
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|Ayes:|Arambula, Hagman, |Ayes:|De Leon, Nielsen, |
| |Ammiano, Furutani, | |Ammiano, Coto, Davis, |
| |Gilmore, Hill, Ma | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, John A. |
| | | |Perez, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakskon |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the Department of Justice (DOJ) to establish and
maintain a confirmation program to process fingerprint-based criminal
record background clearances on individuals designated by an agency as
a custodian of records. Specifically, this bill :
1)Defines "custodian of records" as the individual designated to be
responsible for the security, storage, dissemination and destruction
of the criminal records furnished to the agency.
2)Defines "agency" as any public or private entity that receives
criminal history information from the DOJ.
3)Provides that, commencing July 1, 2011, no person shall serve as an
agency custodian of records unless confirmed by the DOJ.
4)Exempts from the requirements of this section criminal justice
agency personnel who have undergone a state and federal criminal
background check.
5)States that the DOJ shall charge a fee of $30 to include the costs
and fees associated with this program.
6)Requires each agency subject to this section to submit to the DOJ
the fingerprint images and related information of the individual or
SB 447
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individuals designated by the agency to serve as the custodian or
custodians of records.
7)Requires that every person confirmed as a custodian of records shall
be at least 18 years of age.
8)Provides that the DOJ shall not confirm any individual who has been
convicted of a felony offense or any other offense that involves
moral turpitude, dishonesty, or fraud. Further states that a
confirmation shall be revoked if, at any time, the individual is
convicted of any such offense.
9)States that the DOJ may refuse to confirm any individual as a
custodian of records or revoke or suspend the confirmation of any
custodian of records if the individual has committed specified acts
involving fraud or deceit.
10)Provides that the agency shall immediately notify the DOJ when the
designated custodian of records no longer serves in that capacity.
Requires the agency, by March 1, 2012 and by March 1 each year
thereafter, to notify the DOJ on a form provided by DOJ, of the
individual or individuals currently serving in the capacity of
custodian of records.
EXISTING LAW :
1)Defines "criminal offender record information" as records and data
compiled by criminal justice agencies for purposes of identifying
criminal offenders and of maintaining as to each such offender a
summary of arrests, pretrial proceedings, the nature and disposition
of criminal charges, sentencing, incarceration, rehabilitation, and
release.
2)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 to access
to such record by statute.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis:
1)DOJ projects ongoing costs of about $1 million for custodian of
records background clearances, fully covered by fees.
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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 : According to the author, "Around 36,000 youth
organizations and human resource agencies work with children and
vulnerable populations in California, and are therefore required to
conduct criminal background checks. These include groups such as the
Boy Scouts and youth soccer leagues. Agencies that are required to
conduct criminal background checks of their members also must
designate a person to function as the 'Custodian of Records' to review
the background checks and assess if a person's criminal history poses
a potential danger to the population the agency serves.
"However, there is a loophole in the law - the Custodian of Records
also reviews his or her own criminal record that is sent to the group
by DOJ. Potentially, a person holding the position of Custodian of
Records for an organization could be convicted of a violent crime or
crimes against children, and still approve himself or herself for a
position within the organization, while others in the agency are
unaware of the applicant's criminal history.
"SB 447 will create a program in which the DOJ will review the
criminal record information for Custodian of Records applicants and
confirm that an individual is suited for the position. The DOJ will
ensure that the people appointed to this position do not have a felony
or any offense involving moral turpitude, dishonesty, or fraud. This
bill would not prevent any person's involvement in these
organizations, just their appointment to the position of Custodian of
Records.
"The program will operate similar to the DOJ Fingerprint Rolling
Certification Program, and will be funded by a $30 fee for all
Custodian of Records applicants."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916) 319-3744
FN: 0001753