BILL ANALYSIS �
AB 1852
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Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
AB 1852 (Campos) - As Amended: April 22, 2014
SUBJECT : Business: services to minors: background checks.
SUMMARY : Requires a business providing services to minors,
including but not limited to academic tutors and instructors of
extracurricular activities, to disclose to parents or guardians
the business's policies relating to background checks of
employees and the type of background check conducted, and
exempts certain child care and medical facilities from this
requirement. Specifically, this bill :
1)Requires a business that provides services to minors to
provide written notice to the parent or guardian of any minor
receiving those services regarding the business's policies
relating to obtaining criminal background checks for its
employees.
2)Requires, if the business obtains criminal background checks
for employees, that the written notice include a statement
regarding whether the criminal background check includes state
and federal criminal history information and the nature of the
types of offenses the program looks to identify.
3)Defines a "business that provides services to minors" to mean
a business that meets both of the following:
a) Its primary purpose is the providing of an
extracurricular service or program of instruction,
including, but not limited to, academic tutors and
instructors of extracurricular activities for purpose of
learning; and,
b) It has adult employees who have supervisory or
disciplinary power over a child or children.
4)Specifies that a "business that provides services to minors"
does not include a licensed child day care facility, a day
care center, or any medical treatment facility or hospital, as
specified.
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5)Specifies that "written notice" may include posting the
information on the business's internet Web site.
6)Provides that nothing in this bill shall require or authorize
a business, as specified, to disclose confidential criminal
history information, as specified.
7)Specifies that compliance of these requirements is not a
violation of the Labor Code, as specified.
EXISTING LAW
1)Requires the California Department of Justice (DOJ) to
maintain state summary criminal history information and to
furnish state summary criminal history information to
statutorily authorized entities under certain circumstances.
(Penal Code Section (PC) 11105(a),(b))
2)Authorizes a human resource agency or an employer to request
from DOJ records of all convictions or any arrest pending
adjudication involving specified offenses of a person who
applies for a license, employment, or a volunteer position in
which he or she would have supervisory or disciplinary power
over a minor or any person under his or her care. (PC
11105.3(a))
3)Requires any request to DOJ for records to include the
applicant's fingerprints, and requires DOJ to forward requests
for federal level criminal offender record information to the
Federal Bureau of Investigation (FBI) to be searched for any
record of arrests or convictions. (PC 11105.3(b))
4)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 at least 10 days before the
prospective employee's or volunteer's start date if a request
reveals that he or she has been convicted of specified
offenses and has been hired. (PC 11105.3(c))
5)States that any criminal history information obtained, as
specified, is confidential and a recipient shall not disclose
its contents other than for the purpose for which it was
acquired. (PC 11105.3(h))
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6)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. (PC 11105.2(a))
7)Requires any entity that submits the fingerprints of an
applicant for employment, licensing, certification, or
approval to DOJ for the purpose of establishing a record at
DOJ or the FBI to receive notification of subsequent arrest or
disposition to immediately notify DOJ if the applicant is not
subsequently employed, or if the applicant is denied licensing
certification, or approval. (PC 11105.2(f))
8)Prohibits a person who is required to register as a sex
offender because of a conviction for a crime in which the
victim was a minor under 16 years of age from being an
employer, employee, or independent contractor or acting 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, and makes a violation
of this provision a misdemeanor. (PC 290.95(c),(e))
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Purpose of this bill . This bill requires a business providing
instructional services to minors, such as music instruction or
math tutoring to provide a written notice to the parent or
guardian of the participating youth about the business's
background check policy for employees. This bill specifically
exempts child care facilities such as day care centers and
medical facilities from the background check requirements.
This bill is sponsored by the author.
2)Author's statement . According to the author, "Parents and
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guardians of children should have as much information
available to them as possible so that they can make the best
decisions for their children. This should include information
on whether or not a business that provides academic tutoring
or extracurricular instruction for purposes of learning does
background checks on their employees. This information should
be disclosed to parents.
"This information is available for employees of youth athletic
programs but not for ALL businesses providing services to
minors. This bill will expand protections that will help
allow parents to make informed decisions about which programs
they enroll their children in. This bill seeks to operate as
a safeguard measure that would provide greater protections
against children being assaulted, abused and harmed."
3)DOJ background checks . The DOJ has a robust system for
providing criminal history background checks that may be
required as a condition of employment, licensing, or
certification. Currently, certain governmental and private
organizations may conduct criminal offender record information
background checks to help screen candidates for employment or
volunteering. Law enforcement agencies, public and private
schools, non-profit organizations, and in-home supportive care
agencies are some of the organizations authorized to conduct
these fingerprint-based background checks.
This bill does not impose any new background check
requirements for companies or businesses that currently do not
conduct background checks, but simply requires those
businesses to disclose such policies to parents or guardians.
This bill also exempts certain day care and medical facilities
where employees are most likely already required to obtain
background checks as a condition of employment.
4)Current background check policies . AB 465 (Bonilla and
Maienschein), Chapter 146, Statutes of 2014, explicitly
authorized a community youth athletic league to provide a
written notice to participants regarding their background
check policies. AB 465 specifically requested background
check policy information to be shared with parents of children
participating in youth activities.
This bill is similar to AB 230 (Maienschein) of 2014, which
requires a community youth athletic program to disclose its
AB 1852
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background check policy to parents. This bill mirrors those
requirements by requiring businesses which provide
extra-curricular services to minors, such as tutors, music and
art instructors, or others to provide parents with information
about their background check policies. This bill also allows
the disclosure notice to be in writing or posted on the
business's Web site.
5)Problems with youth businesses . Recent news reports have
highlighted criminal behavior engaged in by individuals who
are outside of youth athletic leagues and traditional school
settings.
KABC News reported in August of 2012 that a 21-year-old tutor
was arrested for allegedly molesting a 14-year-old girl.
Police say the perpetrator met his victim while tutoring her
at Tutor Whiz in Corona. Similarly, FOX 40 News reported in
October of 2013 that an after-school activity team-leader was
arrested for allegedly molesting two teen boys.
By requiring those businesses which provide instructional
services to minors to disclose their background check
policies, this bill aims to provide parents with additional
information relevant to the safety and security of a program
before enrolling a child.
6)Technical amendment . On page 2, line 16, strike "program" and
insert "business".
7)Related legislation . AB 230 (Maienschein) of 2014 requires a
community youth athletic program, beginning January 1, 2016,
to provide written notice of its criminal background check
policy to the parent or guardian of any youth participating in
the program. This bill is pending in the Senate Business,
Professions and Economic Development Committee.
8)Previous legislation . AB 465 (Bonilla and Maienschein)
Chapter 146, Statutes of 2013, authorizes a community youth
athletic program to request state- and federal-level
background checks for a volunteer coach or hired coach
candidate.
AB 1027 (Bonilla) of 2013, would have authorized a community
youth athletics program to request state- and federal-level
background checks for a volunteer coach or hired coach
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candidate. This bill was held in Assembly Public Safety
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Crime Victims United of California
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301