BILL ANALYSIS �
AB 465
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 465 (Bonilla and Maienschein)
As Amended June 18, 2013
Majority vote
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|ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |32-0 |(July 8, 2013) |
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Original Committee Reference: PUB. S.
SUMMARY : Authorizes a community youth athletic program to
request state- and federal-level background checks for a
volunteer coach or hired coach candidate.
The Senate amendments make a technical, non-substantive
correction.
EXISTING LAW :
1)Provides that Department of Justice (DOJ) shall maintain state
summary criminal history information and authorizes DOJ to
furnish state summary criminal history information to
statutorily authorized entities.
2)States that, notwithstanding any other law, a human resource
agency or an employer may request from DOJ records of all
convictions or any arrest pending adjudication involving the
offenses specified of a person who applies for a license,
employment, or volunteer position, in which he or she would
have supervisory or disciplinary power over a minor or any
person under his or her care. DOJ shall furnish the
information to the requesting employer and shall also send a
copy of the information to the applicant.
a) Provides that a request for these records shall include
the applicant's fingerprints, which may be taken by the
requester, and any other data specified by DOJ. The
request shall be on a form approved by DOJ, and DOJ may
charge a fee to be paid by the employer, human resource
agency, or applicant for the actual cost of processing the
request. However, no fee shall be charged to a nonprofit
organization. Requests received by DOJ for federal level
criminal offender record information shall be forwarded to
the Federal Bureau of Investigation (FBI) by DOJ to be
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searched for any record of arrests or convictions.
b) Requires the agency or employer to notify the parents or
guardians of any minor who will be supervised or
disciplined by the employee or volunteer where a request
pursuant to this section reveals that a prospective
employee or volunteer has been convicted of specified
offenses, and the agency or employer hires the prospective
employee or volunteer. The notice shall be given to the
parents or guardians with whom the child resides, and shall
be given at least 10 days prior to the day that the
employee or volunteer begins his or her duties or tasks.
c) States that the above notification requirement shall not
apply to a misdemeanor conviction for unlawful sexual
intercourse with a minor, or to a conviction for spousal
rape or domestic violence.
3)Authorizes DOJ to 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 DOJ or the FBI as the
result of an application for licensing, employment,
certification, or approval. Nothing in this section 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. When DOJ
supplies subsequent arrest or disposition notification to a
receiving entity, the entity shall, at the same time,
expeditiously furnish a copy of the information to the person
to whom it relates if the information is a basis for an
adverse employment, licensing, or certification decision.
When furnished other than in person, the copy shall be
delivered to the last contact information provided by the
applicant.
4)States that no person who is required to register as a sex
offender because of a conviction for a crime where the victim
was a minor under 16 years of age shall be an employer,
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employee, independent contractor, or act as a volunteer with
any person, group or organization in a capacity in which the
registrant would be working directly and in an unaccompanied
setting with minor children on more than an incidental and
occasional basis or have supervision or disciplinary power
over minor children.
AS PASSED BY THE ASSEMBLY , this bill:
1)Defined a "community youth athletic program" as an employer
having as its primary purpose the promotion or provision of
athletic activities for youth under 18 years of age.
2)Specified that a community youth athletics program may request
state- and federal-level criminal history information for a
volunteer coach or hired coach candidate.
3)Stated that the director of the community youth athletic
program shall be the custodian of records.
4)Stated that the community youth athletic program may request
from DOJ subsequent arrest notification service for a
volunteer coach or a hired coach candidate.
5)Stated that compliance with this provision does not remove or
limit the liability of a mandated reporter.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the joint author, Assembly Member
Maienschein, "Currently in California, sports coaches working in
public schools are required to go through a background check
process - however, this same safety requirement does not apply
to youth sports leagues outside of a school setting. But as
many of you with children know, most of our kids also join
private youth sports leagues in the community such as soccer, or
traveling club teams when they get older. These coaches often
spend more time with kids by driving them to tournaments, taking
them home after practice, or waiting with them for their parents
to pick them up. This access to children has the potential to
draw predators to seek jobs in coaching.
"Requiring all youth sports leagues to conduct background checks
on the coaches they hire is an important step in protecting our
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children. The US Department of Health and Human Services
reported that in 2011, there were 4,890 children in California
who were victims of sexual abuse. However, according to the
group Darkness to Light, 73% of child victims do not tell anyone
about the abuse for at least a year, meaning that the number of
children in this state sexually abused in 2011 could be upward
of 18,000. Finally, it is estimated that 90% of children who
are sexually abused know their perpetrator-often times family
members, family friends, or authority figures such as teachers
and coaches. Any measure that would help keep predators away
from our children should and must be taken.
"As a coach myself, I know that most of us want to do all we can
to provide a positive, fun, and safe experience to the kids on
our team. But more importantly, as a father, I know our
children are the most vulnerable members of our communities. We
worry about them every time they are away from us at a friend's
house, school, or practice, and we will do anything it takes to
make sure they are safe. AB 465 would create a consistent
background check policy for all youth sports leagues, while
assuring parents that extensive steps are being taken to protect
their children."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0001409