BILL ANALYSIS �
AB 2343
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CONCURRENCE IN SENATE AMENDMENTS
AB 2343 (Torres)
As Amended August 13, 2012
Majority vote
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|ASSEMBLY: |74-0 |(April 26, |SENATE: |39-0 |(August 20, |
| | |2012) | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires that when state and federal summary criminal
history information is furnished to an agency, organization or
individual, a copy of the information shall be provided to the
person to whom the information relates if there is an adverse
employment, licensing, or certification decision.
The Senate amendments require a copy of state and federal
summary criminal history information, including subsequent state
or federal arrest or disposition notification, to be delivered
to the last contact information for the person to whom the
information relates provided by the applicant, whenever a copy
of the information is not furnished in person.
AS PASSED BY THE ASSEMBLY , this bill required that when state
and federal summary criminal history information is furnished to
an agency, organization or individual, a copy of the information
shall be provided to the person to whom the information relates
if there is an adverse employment, licensing, or certification
decision. Specifically, this bill :
1)Clarified that the state and federal summary criminal history
information initially furnished by the Department of Justice
(DOJ) as the result of an application by an authorized agency
or organization shall include certain specified information as
required under existing provisions of law.
2)Required whenever state or federal summary criminal history
information is furnished by the DOJ as the result of an
application by an authorized agency, organization, or
individual as defined, and the information is to be used for
employment, licensing, or certification purposes, the
authorized agency, organization, or individual to
expeditiously furnish a copy of the information to the person
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to whom the information relates if the information is a basis
for an adverse employment, licensing, or certification
decision.
3)Stated that the DOJ may provide subsequent state or federal
arrest or disposition notification to any entity authorized by
state or federal law to receive state or federal summary
criminal history information to assist in fulfilling
employment, licensing, certification duties, or the duties of
approving relative caregivers and nonrelative extended family
members, upon the arrest or disposition of any person whose
fingerprints are maintained on file at the DOJ or the Federal
Bureau of Investigations (FBI) as the result of an application
for licensing, employment, certification, or approval.
4)Required when the DOJ supplies subsequent arrest or
disposition notification to a receiving entity, the entity, at
the same time, to expeditiously furnish a copy of the
information to the person to whom it relates if the
information is the basis for an adverse employment, licensing,
or certification decision.
5)Stated that nothing in the provisions of this bill shall
authorize the notification of a subsequent disposition
pertaining to a disposition that does not result in a
conviction, unless DOJ has previously received notification of
the arrest and has previously lawfully notified a receiving
entity of the pending status of that arrest.
6)Declared legislative intent that this act is not intended to
and does not overrule the decisions, orders, or judgments in
Central Valley v. Younger (1989) 214 Cal.App.3d 145, or the
related case of Gresher v. Deukmejian (Alameda Superior Court
No. 524298-6), including the verification provisions of the
judgments in those cases. In addition, nothing in this act
shall be construed as an implied amendment or lessen the
protections provided in existing provisions of the Labor Code.
7)Made other technical, non-substantive changes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "The Department of Justice
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(DOJ) has offered subsequent arrest notification service,
pursuant to Penal Code section 11105.2, for decades. When an
individual is fingerprinted as part of a background check for
employment or licensing purposes, the employing or licensing
entity can request the DOJ retain the fingerprints to provide
subsequent arrest notification. After the initial fingerprint
search is accomplished, retaining the fingerprints allows the
DOJ to notice the employing or licensing entity agency that
their employee or licensee was subsequently arrested. This is
critical in the regulatory world, as these individuals are
currently serving in positions of trust. In instances where
individuals with required background checks are arrested, the
employing or licensing entity knows that their employee or
licensee has been arrested, but they are not noticed by the DOJ
as to the outcome or "disposition" of the arrest. The employing
or licensing entity must then contact the arresting agency, the
district attorney or the court to ascertain the disposition of
the arrest to determine the continued suitability of their
employee or licensee. This is a laborious process on both the
employing or licensing entity and the criminal justice
community. As such, statutory authority is sought to have the
DOJ provide the disposition of arrests sent subsequently
pursuant to Penal Code section 11105.2.
"The Federal Bureau of Investigation's Next Generation
Identification project will offer subsequent notification
service to states that ask to have their regulatory fingerprints
retained. This project is expected to be in operation in 2014.
As such, the DOJ seeks to have the statutory allowance to take
advantage of this service should it be deemed procedurally and
fiscally possible. This would be a federal level service
equivalent to Penal Code section 11105.2."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004845
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