BILL ANALYSIS �
SB 1384
Page 1
SENATE THIRD READING
SB 1384 (Mitchell)
As Amended July 2, 2014
Majority vote
SENATE VOTE :23-12
HEALTH 10-6 APPROPRIATIONS 12-5
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|Ayes:|Pan, Bonilla, Bonta, |Ayes:|Gatto, Bocanegra, |
| |Chesbro, Gonzalez, Roger | |Bradford, |
| |Hern�ndez, Lowenthal, | |Ian Calderon, Campos, |
| |Nazarian, | |Eggman, Gomez, Holden, |
| |Ridley-Thomas, Wieckowski | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Maienschein, Ch�vez, |Nays:|Bigelow, Donnelly, Jones, |
| |Mansoor, Waldron, | |Linder, Wagner |
| |Patterson, Wagner | | |
| | | | |
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SUMMARY : Deletes the requirement that the Department of Public
Health (DPH) automatically deny a training and examination
application and deny, suspend, or revoke a certificate if the
applicant or certificate holder has been convicted of a
violation or attempted violation of one or more specified
crimes. Specifically, this bill :
1)Eliminates the provisions of law that require DPH, except
under specified circumstances, to deny, suspend, or revoke a
certificate as a certified nurse assistant (CNA) if the
applicant or certificate holder has been convicted of one of a
number of specified criminal offenses, including murder,
robbery, assault, kidnapping, various sexual offenses, elder
or dependent abuse, various larceny and extortion offenses,
and others.
2)Limits DPH's discretion to determine whether an applicant has
adequately demonstrated rehabilitation, for purposes of
denying, suspending, or revoking a certificate as a CNA based
on the conviction of a crime related to the qualifications,
functions, and duties of a CNA, by adding an order from a
superior court relating to the dismissal or setting aside of
SB 1384
Page 2
criminal convictions to the list of factors that are evidence
of rehabilitation. Deletes the ability of DPH to disregard
these orders when determining whether an applicant has
adequately demonstrated rehabilitation.
3)Makes other technical and conforming changes, and various
findings and declarations regarding reducing recidivism.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential minor one-time costs to DPH to modify
processes and train staff on new procedures for evaluating
criminal convictions (Licensing and Certification Fund).
COMMENTS : According to the author, current law mandates denial
of CNA applicants who have been convicted of certain enumerated
offenses, regardless of the passage of time or an applicant's
transformation and this automatic bar unfairly denies
rehabilitated people necessary access to a growing industry of
accessible, living-wage jobs. The author states that it also
ignores evidence-based information showing that the likelihood
of recidivism declines over time to a level near or equal to a
person who has never been arrested. The author argues that this
bill provides all CNA applicants with a conviction history
discretionary review of their application and consideration of
all evidence of rehabilitation-thereby modeling the provisions
that apply to registered nurses. Finally, the author states
that this common sense measure protects public safety by
preserving the discretion to deny an application on the basis of
a conviction, and it more aptly reflects California's commitment
to increasing opportunities for rehabilitated people who seek to
earn a living wage, support their family, and contribute to
society.
Equal Rights Advocates is the sponsor of this bill and writes
that categorically banning individuals from becoming CNA's
solely on the basis of a past conviction denies many families a
real chance to climb out of poverty. The sponsor further argues
that studies show that the passage of time substantially reduces
the likelihood of recidivism to a level near or equal to those
who have never been arrested and that stable employment
decreases the likelihood of recidivism by as much as 62%.
Finally, the sponsors state that California's commitment to
reducing recidivism must include measures that increase access
to living wage jobs for those with criminal records.
SB 1384
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DPH opposes this bill, stating this bill removes its ability to
adequately protect patients, and that an administrative remedy
exists for individuals who obtain a Certificate of
Rehabilitation or whose charges are dismissed.
Analysis Prepared by : Lara Flynn / HEALTH / (916) 319-2097
FN: 0004418