BILL ANALYSIS �
AB 2404
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2404 (Eggman)
As Amended August 5, 2014
Majority vote
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|ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |35-0 |(August 11, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the Department of Justice (DOJ) to
disseminate an applicant's sex offender registration status
whenever DOJ furnishes state or federal summary criminal history
information to specified entities as a result of an employment,
licensing, or certification application.
The Senate amendments add double-jointing language to
incorporate changes proposed by AB 1585 (Alejo) of the current
legislative session, should both bills become enacted.
EXISTING LAW :
1)Requires DOJ to maintain state summary criminal history
information. Defines "state summary criminal history
information" as the master record of information compiled by
the Attorney General pertaining to the identification and
criminal history of any person, such as name, date of birth,
physical description, fingerprints, photographs, date of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person. Provides
that state summary criminal history information does not refer
to records and data compiled by criminal justice agencies
other than the Attorney General, nor does it refer to records
of complaints to or investigations conducted by, or records of
intelligence information or security procedures of, the office
of the Attorney General and DOJ.
2)Requires DOJ to disseminate the following information whenever
it furnishes state or federal summary criminal history
information as the result of an application by an authorized
entity for peace officer employment or certification purposes:
every conviction rendered against the applicant; every arrest
for an offense for which the applicant is presently awaiting
AB 2404
Page 2
trial, whether the applicant is incarcerated or has been
released on bail or on his or her own recognizance pending
trial; every arrest or detention, except for an arrest or
detention resulting in an exoneration, provided, however, that
where the records of the DOJ do not contain a disposition for
the arrest, the DOJ first makes a genuine effort to determine
the disposition of the arrest; every successful diversion; and
every date and agency name associated with all retained peace
officer or non-sworn law enforcement agency employee
pre-employment criminal offender record information search
requests.
3)Requires DOJ to disseminate the following information whenever
it furnishes state or federal summary criminal history
information as the result of an application by a criminal
justice agency, as defined, for criminal justice employment,
licensing or certification purposes: every conviction
rendered against the applicant; every arrest for an offense
for which the applicant is presently awaiting trial, whether
the applicant is incarcerated or has been released on bail or
on his or her own recognizance pending trial; every arrest for
an offense for which DOJ records do not contain a disposition
or did not result in a conviction, provided that DOJ first
makes a genuine effort to determine the disposition of the
arrest. However, information concerning an arrest shall not
be disclosed if DOJ records indicate or if the genuine effort
reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program,
or the arrest was deemed a detention; every date and agency
name associated with all retained peace officer or non-sworn
law enforcement agency employee pre-employment criminal
offender record information search requests.
4)Requires DOJ to disseminate the following information whenever
it furnishes state or federal summary criminal history
information as the result of an application by an authorized
care facility, as described, for employment, licensing or
certification purposes: every conviction of an offense
rendered against the applicant; every arrest for an offense
for which the applicant is presently awaiting trial, whether
the applicant is incarcerated or has been released on bail or
on his or her own recognizance pending trial; and every arrest
for an offense for which the Department of Social Services is
required, as specified, to determine if an applicant has been
arrested. However, if DOJ records do not contain a
AB 2404
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disposition for an arrest, DOJ shall first make a genuine
effort to determine the disposition of the arrest.
5)Requires DOJ to disseminate the following information whenever
it furnishes state or federal summary criminal history
information as the result of an application by an entity not
otherwise defined as provided, or by a transportation company,
or as otherwise provided, for employment, licensing or
certification purposes: every conviction rendered against the
applicant and every arrest for an offense for which the
applicant is presently awaiting trial, whether the applicant
is incarcerated or has been released on bail or on his or her
own recognizance pending trial.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "The background checks
performed as a routine part of vetting candidates for many
positions, volunteer an [sic] otherwise, are an important part
of ensuring the public's safety. There exists a dangerous
loophole that subverts the efficacy of those background checks.
This is a simple, clarifying fix that ensures that necessary
criminal history information is reported, and reported clearly."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0004397