Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2404


Introduced by Assembly Member Eggman

February 21, 2014


An act to amend Sectionbegin delete 236.2end deletebegin insert 11105end insert of the Penal Code, relating tobegin delete human traffickingend deletebegin insert criminal history informationend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2404, as amended, Eggman. begin deleteHuman trafficking. end deletebegin insertCriminal history information.end insert

begin insert

Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities, including courts and probation officers, if needed in the course of their duties and authorizes the Attorney General to furnish state or federal summary criminal history information upon a showing of a compelling need to other persons or entities, including an illegal dumping enforcement officer or a peace officer of another country. Existing law requires the Department of Justice to disseminate specified information, including every conviction rendered against an applicant, whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for certain purposes, including for peace officer employment or certification purposes.

end insert
begin insert

This bill would additionally require the Department of Justice to disseminate the sex offender registration status of an applicant.

end insert
begin delete

Existing law provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services or to effect or maintain a felony violation of offenses relating to prostitution, child pornography, as specified, or extortion, as defined, is guilty of human trafficking. Existing law requires law enforcement agencies to use due diligence to identify all victims of human trafficking, regardless of the citizenship of those persons.

end delete
begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11105 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

11105.  

(a) (1) The Department of Justice shall maintain state
4summary criminal history information.

5(2) As used in this section:

6(A) “State summary criminal history information” means the
7master record of information compiled by the Attorney General
8pertaining to the identification and criminal history of any person,
9such as name, date of birth, physical description, fingerprints,
10photographs, dates of arrests, arresting agencies and booking
11numbers, charges, dispositions, and similar data about the person.

12(B) “State summary criminal history information” does not refer
13to records and data compiled by criminal justice agencies other
14than the Attorney General, nor does it refer to records of complaints
15to or investigations conducted by, or records of intelligence
16information or security procedures of, the office of the Attorney
17General and the Department of Justice.

18(b) The Attorney General shall furnish state summary criminal
19history information to any of the following, if needed in the course
20of their duties, provided that when information is furnished to
21assist an agency, officer, or official of state or local government,
22a public utility, or any other entity, in fulfilling employment,
23certification, or licensing duties, Chapter 1321 of the Statutes of
241974 and Section 432.7 of the Labor Code shall apply:

25(1) The courts of the state.

26(2) Peace officers of the state, as defined in Section 830.1,
27subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
P3    1830.3,begin insert subdivision (a) of Section 830.31, andend insert subdivisions (a) and
2(b) of Section 830.5begin delete, and subdivision (a) of Section 830.31end delete.

3(3) District attorneys of the state.

4(4) Prosecuting city attorneys of any city within the state.

5(5) City attorneys pursuing civil gang injunctions pursuant to
6Section 186.22a, or drug abatement actions pursuant to Section
73479 or 3480 of the Civil Code, or Section 11571 of the Health
8and Safety Code.

9(6) Probation officers of the state.

10(7) Parole officers of the state.

11(8) A public defender or attorney of record when representing
12a person in proceedings upon a petition for a certificate of
13rehabilitation and pardon pursuant to Section 4852.08.

14(9) A public defender or attorney of record when representing
15a person in a criminal case, or a parole, mandatory supervision
16pursuant to paragraph (5) of subdivision (h) of Section 1170, or
17postrelease community supervision revocation or revocation
18extension proceeding, and if authorized access by statutory or
19decisional law.

20(10) Any agency, officer, or official of the state if the criminal
21history information is required to implement a statute or regulation
22that expressly refers to specific criminal conduct applicable to the
23subject person of the state summary criminal history information,
24and contains requirements or exclusions, or both, expressly based
25upon that specified criminal conduct. The agency, officer, or
26official of the state authorized by this paragraph to receive state
27summary criminal history information may also transmit fingerprint
28images and related information to the Department of Justice to be
29transmitted to the Federal Bureau of Investigation.

30(11) Any city or county, city and county, district, or any officer
31or official thereof if access is needed in order to assist that agency,
32officer, or official in fulfilling employment, certification, or
33licensing duties, and if the access is specifically authorized by the
34city council, board of supervisors, or governing board of the city,
35county, or district if the criminal history information is required
36to implement a statute, ordinance, or regulation that expressly
37refers to specific criminal conduct applicable to the subject person
38of the state summary criminal history information, and contains
39requirements or exclusions, or both, expressly based upon that
40specified criminal conduct. The city or county, city and county,
P4    1district, or the officer or official thereof authorized by this
2paragraph may also transmit fingerprint images and related
3information to the Department of Justice to be transmitted to the
4Federal Bureau of Investigation.

5(12) The subject of the state summary criminal history
6information under procedures established under Article 5
7(commencing with Section 11120).

8(13) Any person or entity when access is expressly authorized
9by statute if the criminal history information is required to
10implement a statute or regulation that expressly refers to specific
11criminal conduct applicable to the subject person of the state
12summary criminal history information, and contains requirements
13or exclusions, or both, expressly based upon that specified criminal
14conduct.

15(14) Health officers of a city, county, city and county, or district
16when in the performance of their official duties enforcing Section
17120175 of the Health and Safety Code.

18(15) Any managing or supervising correctional officer of a
19county jail or other county correctional facility.

20(16) Any humane society, or society for the prevention of cruelty
21to animals, for the specific purpose of complying with Section
2214502 of the Corporations Code for the appointment of humane
23officers.

24(17) Local child support agencies established by Section 17304
25of the Family Code. When a local child support agency closes a
26support enforcement case containing summary criminal history
27information, the agency shall delete or purge from the file and
28 destroy any documents or information concerning or arising from
29offenses for or of which the parent has been arrested, charged, or
30convicted, other than for offenses related to the parent’s having
31failed to provide support for minor children, consistent with the
32requirements of Section 17531 of the Family Code.

33(18) County child welfare agency personnel who have been
34delegated the authority of county probation officers to access state
35summary criminal history information pursuant to Section 272 of
36the Welfare and Institutions Code for the purposes specified in
37Section 16504.5 of the Welfare and Institutions Code. Information
38from criminal history records provided pursuant to this subdivision
39shall not be used for any purposes other than those specified in
40this section and Section 16504.5 of the Welfare and Institutions
P5    1Code. When an agency obtains records obtained both on the basis
2of name checks and fingerprint checks, final placement decisions
3shall be based only on the records obtained pursuant to the
4fingerprint check.

5(19) The court of a tribe, or court of a consortium of tribes, that
6has entered into an agreement with the state pursuant to Section
710553.1 of the Welfare and Institutions Code. This information
8may be used only for the purposes specified in Section 16504.5
9of the Welfare and Institutions Code and for tribal approval or
10tribal licensing of foster care or adoptive homes. Article 6
11(commencing with Section 11140) shall apply to officers, members,
12and employees of a tribal court receiving criminal record offender
13information pursuant to this section.

14(20) Child welfare agency personnel of a tribe or consortium
15of tribes that has entered into an agreement with the state pursuant
16to Section 10553.1 of the Welfare and Institutions Code and to
17whom the state has delegated duties under paragraph (2) of
18subdivision (a) of Section 272 of the Welfare and Institutions Code.
19The purposes for use of the information shall be for the purposes
20specified in Section 16504.5 of the Welfare and Institutions Code
21and for tribal approval or tribal licensing of foster care or adoptive
22homes. When an agency obtains records on the basis of name
23checks and fingerprint checks, final placement decisions shall be
24based only on the records obtained pursuant to the fingerprint
25check. Article 6 (commencing with Section 11140) shall apply to
26child welfare agency personnel receiving criminal record offender
27information pursuant to this section.

28(21) An officer providing conservatorship investigations
29pursuant to Sections 5351, 5354, and 5356 of the Welfare and
30Institutions Code.

31(22) A court investigator providing investigations or reviews
32in conservatorships pursuant to Section 1826, 1850, 1851, or
33 2250.6 of the Probate Code.

34(23) A person authorized to conduct a guardianship investigation
35pursuant to Section 1513 of the Probate Code.

36(24) A humane officer pursuant to Section 14502 of the
37Corporations Code for the purposes of performing his or her duties.

38(25) A public agency described in subdivision (b) of Section
3915975 of the Government Code, for the purpose of oversight and
40enforcement policies with respect to its contracted providers.

P6    1(c) The Attorney General may furnish state summary criminal
2history information and, when specifically authorized by this
3subdivision, federal level criminal history information upon a
4showing of a compelling need to any of the following, provided
5that when information is furnished to assist an agency, officer, or
6official of state or local government, a public utility, or any other
7entity in fulfilling employment, certification, or licensing duties,
8Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
9Labor Code shall apply:

10(1) Any public utility, as defined in Section 216 of the Public
11Utilities Code, that operates a nuclear energy facility when access
12is needed in order to assist in employing persons to work at the
13facility, provided that, if the Attorney General supplies the data,
14he or she shall furnish a copy of the data to the person to whom
15the data relates.

16(2) To a peace officer of the state other than those included in
17subdivision (b).

18(3) To an illegal dumping enforcement officer as defined in
19subdivision (j) of Section 830.7.

20(4) To a peace officer of another country.

21(5) To public officers, other than peace officers, of the United
22States, other states, or possessions or territories of the United
23States, provided that access to records similar to state summary
24criminal history information is expressly authorized by a statute
25of the United States, other states, or possessions or territories of
26the United States if the information is needed for the performance
27of their official duties.

28(6) To any person when disclosure is requested by a probation,
29parole, or peace officer with the consent of the subject of the state
30summary criminal history information and for purposes of
31furthering the rehabilitation of the subject.

32(7) The courts of the United States, other states, or territories
33or possessions of the United States.

34(8) Peace officers of the United States, other states, or territories
35or possessions of the United States.

36(9) To any individual who is the subject of the record requested
37if needed in conjunction with an application to enter the United
38States or any foreign nation.

39(10) (A) (i) Any public utility, as defined in Section 216 of the
40Public Utilities Code, or any cable corporation as defined in
P7    1subparagraph (B), if receipt of criminal history information is
2needed in order to assist in employing current or prospective
3employees, contract employees, or subcontract employees who,
4in the course of their employment may be seeking entrance to
5private residences or adjacent grounds. The information provided
6shall be limited to the record of convictions and any arrest for
7which the person is released on bail or on his or her own
8recognizance pending trial.

9(ii) If the Attorney General supplies the data pursuant to this
10paragraph, the Attorney General shall furnish a copy of the data
11to the current or prospective employee to whom the data relates.

12(iii) Any information obtained from the state summary criminal
13history is confidential and the receiving public utility or cable
14corporation shall not disclose its contents, other than for the
15purpose for which it was acquired. The state summary criminal
16history information in the possession of the public utility or cable
17corporation and all copies made from it shall be destroyed not
18more than 30 days after employment or promotion or transfer is
19denied or granted, except for those cases where a current or
20prospective employee is out on bail or on his or her own
21recognizance pending trial, in which case the state summary
22criminal history information and all copies shall be destroyed not
23more than 30 days after the case is resolved.

24(iv) A violation of this paragraph is a misdemeanor, and shall
25give the current or prospective employee who is injured by the
26violation a cause of action against the public utility or cable
27corporation to recover damages proximately caused by the
28violations. Any public utility’s or cable corporation’s request for
29state summary criminal history information for purposes of
30employing current or prospective employees who may be seeking
31entrance to private residences or adjacent grounds in the course
32of their employment shall be deemed a “compelling need” as
33required to be shown in this subdivision.

34(v) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert be construed as
35imposing any duty upon public utilities or cable corporations to
36request state summary criminal history information on any current
37or prospective employees.

38(B) For purposes of this paragraph, “cable corporation” means
39any corporation or firm that transmits or provides television,
P8    1computer, or telephone services by cable, digital, fiber optic,
2satellite, or comparable technology to subscribers for a fee.

3(C) Requests for federal level criminal history information
4received by the Department of Justice from entities authorized
5pursuant to subparagraph (A) shall be forwarded to the Federal
6Bureau of Investigation by the Department of Justice. Federal level
7criminal history information received or compiled by the
8 Department of Justice may then be disseminated to the entities
9referenced in subparagraph (A), as authorized by law.

10(D) (i) Authority for a cable corporation to request state or
11federal level criminal history information under this paragraph
12shall commence July 1, 2005.

13(ii) Authority for a public utility to request federal level criminal
14history information under this paragraph shall commence July 1,
152005.

16(11) To any campus of the California State University or the
17University of California, or any four year college or university
18accredited by a regional accreditation organization approved by
19the United States Department of Education, if needed in
20conjunction with an application for admission by a convicted felon
21to any special education program for convicted felons, including,
22but not limited to, university alternatives and halfway houses. Only
23conviction information shall be furnished. The college or university
24may require the convicted felon to be fingerprinted, and any inquiry
25to the department under this section shall include the convicted
26felon’s fingerprints and any other information specified by the
27department.

28(12) To any foreign government, if requested by the individual
29who is the subject of the record requested, if needed in conjunction
30with the individual’s application to adopt a minor child who is a
31citizen of that foreign nation. Requests for information pursuant
32to this paragraph shall be in accordance with the process described
33in Sections 11122 to 11124, inclusive. The response shall be
34provided to the foreign government or its designee and to the
35individual who requested the information.

36(d) Whenever an authorized request for state summary criminal
37 history information pertains to a person whose fingerprints are on
38file with the Department of Justice and the department has no
39criminal history of that person, and the information is to be used
40for employment, licensing, or certification purposes, the fingerprint
P9    1card accompanying the request for information, if any, may be
2stamped “no criminal record” and returned to the person or entity
3making the request.

4(e) Whenever state summary criminal history information is
5furnished as the result of an application and is to be used for
6employment, licensing, or certification purposes, the Department
7of Justice may charge the person or entity making the request a
8fee that it determines to be sufficient to reimburse the department
9for the cost of furnishing the information. In addition, the
10Department of Justice may add a surcharge to the fee to fund
11maintenance and improvements to the systems from which the
12information is obtained. Notwithstanding any other law, any person
13or entity required to pay a fee to the department for information
14received under this section may charge the applicant a fee sufficient
15to reimburse the person or entity for this expense. All moneys
16received by the department pursuant to this section, Sections
1711105.3 and 26190, and former Section 13588 of the Education
18Code shall be deposited in a special account in the General Fund
19to be available for expenditure by the department to offset costs
20incurred pursuant to those sections and for maintenance and
21improvements to the systems from which the information is
22obtained upon appropriation by the Legislature.

23(f) Whenever there is a conflict, the processing of criminal
24fingerprints and fingerprints of applicants for security guard or
25alarm agent registrations or firearms qualification permits
26submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
27of the Business and Professions Code shall take priority over the
28processing of other applicant fingerprints.

29(g) It is not a violation of this section to disseminate statistical
30or research information obtained from a record, provided that the
31identity of the subject of the record is not disclosed.

32(h) It is not a violation of this section to include information
33obtained from a record in (1) a transcript or record of a judicial or
34administrative proceeding or (2) any other public record if the
35inclusion of the information in the public record is authorized by
36a court, statute, or decisional law.

37(i) Notwithstanding any other law, the Department of Justice
38or any state or local law enforcement agency may require the
39submission of fingerprints for the purpose of conducting summary
40criminal history information checks that are authorized by law.

P10   1(j) The state summary criminal history information shall include
2any finding of mental incompetence pursuant to Chapter 6
3(commencing with Section 1367) of Title 10 of Part 2 arising out
4of a complaint charging a felony offense specified in Section 290.

5(k) (1) This subdivision shall apply whenever state or federal
6summary criminal history information is furnished by the
7Department of Justice as the result of an application by an
8authorized agency or organization and the information is to be
9used for peace officer employment or certification purposes. As
10used in this subdivision, a peace officer is defined in Chapter 4.5
11(commencing with Section 830) of Title 3 of Part 2.

12(2) Notwithstanding any otherbegin delete provision ofend delete law, whenever state
13summary criminal history information is initially furnished
14pursuant to paragraph (1), the Department of Justice shall
15disseminate the following information:

16(A) Every conviction rendered against the applicant.

17(B) Every arrest for an offense for which the applicant is
18presently awaiting trial, whether the applicant is incarcerated or
19has been released on bail or on his or her own recognizance
20pending trial.

21(C) Every arrest or detention, except for an arrest or detention
22resulting in an exoneration, provided, however, that where the
23records of the Department of Justice do not contain a disposition
24for the arrest, the Department of Justice first makes a genuine effort
25to determine the disposition of the arrest.

26(D) Every successful diversion.

27(E) Every date and agency name associated with all retained
28peace officer or nonsworn law enforcement agency employee
29preemployment criminal offender record information search
30requests.

begin insert

31(F) Sex offender registration status of the applicant.

end insert

32(l) (1) This subdivision shall apply whenever state or federal
33summary criminal history information is furnished by the
34Department of Justice as the result of an application by a criminal
35justice agency or organization as defined in Section 13101, and
36the information is to be used for criminal justice employment,
37licensing, or certification purposes.

38(2) Notwithstanding any otherbegin delete provision ofend delete law, whenever state
39summary criminal history information is initially furnished
P11   1pursuant to paragraph (1), the Department of Justice shall
2disseminate the following information:

3(A) Every conviction rendered against the applicant.

4(B) Every arrest for an offense for which the applicant is
5presently awaiting trial, whether the applicant is incarcerated or
6has been released on bail or on his or her own recognizance
7pending trial.

8(C) Every arrest for an offense for which the records of the
9Department of Justice do not contain a disposition or did not result
10in a conviction, provided that the Department of Justice first makes
11a genuine effort to determine the disposition of the arrest. However,
12information concerning an arrest shall not be disclosed if the
13records of the Department of Justice indicate or if the genuine
14effort reveals that the subject was exonerated, successfully
15completed a diversion or deferred entry of judgment program, or
16the arrest was deemed a detention.

17(D) Every date and agency name associated with all retained
18peace officer or nonsworn law enforcement agency employee
19preemployment criminal offender record information search
20requests.

begin insert

21(E) Sex offender registration status of the applicant.

end insert

22(m) (1) This subdivision shall apply whenever state or federal
23summary criminal history information is furnished by the
24Department of Justice as the result of an application by an
25authorized agency or organization pursuant to Section 1522,
261568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
27any statute that incorporates the criteria of any of those sections
28or this subdivision by reference, and the information is to be used
29for employment, licensing, or certification purposes.

30(2) Notwithstanding any otherbegin delete provision ofend delete law, whenever state
31summary criminal history information is initially furnished
32pursuant to paragraph (1), the Department of Justice shall
33disseminate the following information:

34(A) Every conviction of an offense rendered against the
35applicant.

36(B) Every arrest for an offense for which the applicant is
37presently awaiting trial, whether the applicant is incarcerated or
38has been released on bail or on his or her own recognizance
39pending trial.

P12   1(C) Every arrest for an offense for which thebegin insert Stateend insert Department
2of Social Services is required by paragraph (1) of subdivision (a)
3of Section 1522 of the Health and Safety Code to determine if an
4applicant has been arrested. However, if the records of the
5Department of Justice do not contain a disposition for an arrest,
6the Department of Justice shall first make a genuine effort to
7determine the disposition of the arrest.

begin insert

8(D) Sex offender registration status of the applicant.

end insert

9(3) Notwithstanding the requirements of the sections referenced
10in paragraph (1) of this subdivision, the Department of Justice
11shall not disseminate information about an arrest subsequently
12deemed a detention or an arrest that resulted in either the successful
13completion of a diversion program or exoneration.

14(n) (1) This subdivision shall apply whenever state or federal
15summary criminal history information, to be used for employment,
16licensing, or certification purposes, is furnished by the Department
17of Justice as the result of an application by an authorized agency,
18organization, or individual pursuant to any of the following:

19(A) Paragraphbegin delete (9)end deletebegin insert (10)end insert of subdivision (c), when the information
20is to be used by a cable corporation.

21(B) Section 11105.3 or 11105.4.

22(C) Section 15660 of the Welfare and Institutions Code.

23(D) Any statute that incorporates the criteria of any of the
24statutory provisions listed in subparagraph (A), (B), or (C), or of
25this subdivision, by reference.

26(2) With the exception of applications submitted by
27transportation companies authorized pursuant to Section 11105.3,
28and notwithstanding any otherbegin delete provision ofend delete law, whenever state
29summary criminal history information is initially furnished
30pursuant to paragraph (1), the Department of Justice shall
31disseminate the following information:

32(A) Every conviction rendered against the applicant for a
33violation or attempted violation of any offense specified in
34subdivision (a) of Section 15660 of the Welfare and Institutions
35Code. However, with the exception of those offenses for which
36registration is required pursuant to Section 290, the Department
37of Justice shall not disseminate information pursuant to this
38subdivision unless the conviction occurred within 10 years of the
39date of the agency’s request for information or the conviction is
P13   1over 10 years old but the subject of the request was incarcerated
2within 10 years of the agency’s request for information.

3(B) Every arrest for a violation or attempted violation of an
4offense specified in subdivision (a) of Section 15660 of the Welfare
5and Institutions Code for which the applicant is presently awaiting
6trial, whether the applicant is incarcerated or has been released on
7bail or on his or her own recognizance pending trial.

begin insert

8(C) Sex offender registration status of the applicant.

end insert

9(o) (1) This subdivision shall apply whenever state or federal
10summary criminal history information is furnished by the
11Department of Justice as the result of an application by an
12authorized agency or organization pursuant to Section 379 or 550
13of the Financial Code, or any statute that incorporates the criteria
14of either of those sections or this subdivision by reference, and the
15information is to be used for employment, licensing, or certification
16purposes.

17(2) Notwithstanding any otherbegin delete provision ofend delete law, whenever state
18summary criminal history information is initially furnished
19pursuant to paragraph (1), the Department of Justice shall
20 disseminate the following information:

21(A) Every conviction rendered against the applicant for a
22violation or attempted violation of any offense specified in Section
23550 of the Financial Code.

24(B) Every arrest for a violation or attempted violation of an
25offense specified in Section 550 of the Financial Code for which
26the applicant is presently awaiting trial, whether the applicant is
27incarcerated or has been released on bail or on his or her own
28recognizance pending trial.

begin insert

29(C) Sex offender registration status of the applicant.

end insert

30(p) (1) This subdivision shall apply whenever state or federal
31criminal history information is furnished by the Department of
32Justice as the result of an application by an agency, organization,
33or individual not defined in subdivision (k), (l), (m), (n), or (o), or
34by a transportation company authorized pursuant to Section
3511105.3, or any statute that incorporates the criteria of that section
36or this subdivision by reference, and the information is to be used
37for employment, licensing, or certification purposes.

38(2) Notwithstanding any otherbegin delete provisions ofend delete law, whenever state
39summary criminal history information is initially furnished
P14   1pursuant to paragraph (1), the Department of Justice shall
2disseminate the following information:

3(A) Every conviction rendered against the applicant.

4(B) Every arrest for an offense for which the applicant is
5presently awaiting trial, whether the applicant is incarcerated or
6has been released on bail or on his or her own recognizance
7pending trial.

begin insert

8(C) Sex offender registration status of the applicant.

end insert

9(q) All agencies, organizations, or individuals defined in
10subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
11Department of Justice for subsequent notification pursuant to
12Section 11105.2. This subdivision shall not supersede sections that
13mandate an agency, organization, or individual to contract with
14the Department of Justice for subsequent notification pursuant to
15Section 11105.2.

16(r)  begin deleteNothing in this end delete begin insertThis end insertsectionbegin delete shall be construed to mean thatend delete
17begin insert does not requireend insert the Department of Justicebegin delete shallend deletebegin insert toend insert cease
18compliance with any other statutory notification requirements.

19(s) The provisions of Section 50.12 of Title 28 of the Code of
20Federal Regulations are to be followed in processing federal
21criminal history information.

22(t) Whenever state or federal summary criminal history
23 information is furnished by the Department of Justice as the result
24of an application by an authorized agency, organization, or
25individual defined in subdivisions (k) to (p), inclusive, and the
26information is to be used for employment, licensing, or certification
27purposes, the authorized agency, organization, or individual shall
28expeditiously furnish a copy of the information to the person to
29whom the information relates if the information is a basis for an
30adverse employment, licensing, or certification decision. When
31furnished other than in person, the copy shall be delivered to the
32last contact information provided by the applicant.

begin delete
33

SECTION 1.  

Section 236.2 of the Penal Code is amended to
34read:

35

236.2.  

Law enforcement agencies shall use due diligence to
36identify all victims of human trafficking, regardless of the
37citizenship of those persons. When a peace officer comes into
38contact with a person who has been deprived of his or her personal
39liberty, a minor who has engaged in a commercial sex act, a person
40suspected of violating subdivision (a) or (b) of Section 647, or a
P15   1victim of a crime of domestic violence or sexual assault, the peace
2officer shall consider whether the following indicators of human
3trafficking are present:

4(a) Signs of trauma, fatigue, injury, or other evidence of poor
5care.

6(b) The person is withdrawn, afraid to talk, or his or her
7communication is censored by another person.

8(c) The person does not have freedom of movement.

9(d) The person lives and works in one place.

10(e) The person owes a debt to his or her employer.

11(f) Security measures are used to control who has contact with
12the person.

13(g) The person does not have control over his or her own
14government-issued identification or over his or her worker
15immigration documents.

end delete


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