BILL ANALYSIS �
AB 2396
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2396 (Bonta) - As Amended: April 21, 2014
Policy Committee: Business and
Professions Vote: 11 - 2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits boards within the Department of Consumer
Affairs (DCA) from denying a professional license based solely
on a criminal conviction that has been withdrawn, set aside or
dismissed by the court.
FISCAL EFFECT
Minor and absorbable costs to each of the affected boards.
COMMENTS
1)Purpose. This bill is intended to reduce employment barriers
for people with criminal records who have been rehabilitated
and allow them the opportunity to pursue meaningful
employment. The author states, "In many cases, individuals
seeking a professional license struggle to achieve
self-sufficiency because of consideration of a dismissed
record that is irrelevant to their ability to perform the job.
Under current law, even applicants who are presumed to be
rehabilitated by the court system may still have their license
denied."
2)Existing law . Boards under the Department of Consumer Affairs
are permitted to make licensure decisions based on the
specific criminal history reported by an applicant or
identified through background check requirements. This bill
does not alter or impede a board's ability to deny a license
if the criminal conviction merits denial under current law.
Current law generally grants boards great latitude to deny a
AB 2396
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license based on a past conviction or bad act. If a board
denies a license, it is required to notify the applicant by
letter, which provides the applicant with the specific reasons
why the application was denied. An applicant has the right to
appeal the denial of the application by requesting a statement
of issues hearing, and must submit a request for that hearing
within 60 days of the date of the letter. Once a written
request for a hearing is made, it is forwarded to the Attorney
General's office. At the hearing, an applicant may present
evidence and witnesses to prove that his or her application
for a certificate or license should not be denied.
3)Related legislation .
a) AB 1702 (Maienschein) of 2014 specifies that an
individual who has satisfied the requirements for licensure
while incarcerated and who applies for licensure after
being released from incarceration shall not have his or her
application delayed or denied solely based on the prior
incarceration. This bill is before this Committee today.
b) SB 1384 (Mitchell) of 2014 would presume, for purposes
of determining whether to deny, or suspend or revoke, a
license for a certified nurse assistant, an individual to
be successfully rehabilitated if he or she has completed
any probation, mandatory supervision, or parole, if
applicable, and at least three years have elapsed within a
subsequent conviction after final discharge or release from
any term of imprisonment. This bill is pending in the
Senate Appropriations Committee.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081