| 1 | | - | Amended IN Senate April 04, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1298Introduced by Senator SkinnerFebruary 16, 2018 An act to amend Sections 11105, 11121, 11126, and 13300 of, to add Section 11128 to, and to repeal and add Section 11122 of, Section 11105 of the Penal Code, relating to criminal records. LEGISLATIVE COUNSEL'S DIGESTSB 1298, as amended, Skinner. The Increasing Access to Employment Act.(1)ExistingExisting law requires the Department of Justice to maintain state summary criminal history information, as defined, and requires the Attorney General to furnish state summary criminal history information to specified entities and individuals if needed in the course of their duties. individuals, including an authorized entity for employment, licensing, or certification relative to community care facilities, residential care facilities, and other specified health facilities. Existing law requires the department to provide the requester with every conviction of an offense rendered against the applicant, except for a conviction for which relief was granted to a victim of human trafficking, as specified.This bill would limit the information the department provides to specified requesters to more recent misdemeanors and felonies, generally within 5 years, and other information, as specified, including offenses for which registration as a sex offender is required. The bill would, for specified requesters, prohibit the disclosure of a conviction that has been dismissed, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or an arrest that has been sealed. The bill would specify what information is to be provided to a consumer reporting agency, as defined. prohibit the department from releasing, for these purposes, the record of convictions that were dismissed pursuant to specified provisions. Existing law requires the department to provide an agency, organization, or individual, including, but not limited to, a cable corporation, in-home supportive services recipient, or property security organization, requesting the information for specified employment purposes with every conviction for which registration as a sex offender is required and, except as specified, every conviction that occurred within 10 years of the date of the request or for which the person was incarcerated within 10 years of the request for information.This bill would require that only convictions from the prior 7 years or for which the person was incarcerated or on probation or parole within 7 years of the request be provided.Existing law requires, when state summary criminal history information is furnished as a result of specified requests, and the information is to be used for employment, licensing, or certification purposes, that the requester furnish the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision.This bill would instead require the department to furnish a copy of the Criminal Offender Record Information (CORI) to the subject when a state or federal summary criminal history information is requested and the information is to be used for employment, licensing, or certification purposes of the request and would require the department to allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI prior to furnishing a report to a third party. The bill would require the department to make specified corrections prior to furnishing the information to the requester.Existing law requires a person who wants a copy of the his or her state summary criminal history information to obtain an application form furnished by the department and provide his or her fingerprints, in addition to other information specified by the department.This bill would remove the requirement that a person submit fingerprints to obtain his or her state summary criminal history information and would require only that information the department deems necessary.(2)Existing law authorizes a person who desires to question the accuracy or completeness of any material matter contained in the record to submit a written request to the department and, if the accuracy of the source document is questioned, requires the department to forward it to the person or agency that furnished the questioned information. Existing law gives person or agency 30 days from the receipt of the written request for clarification, to review its information and forward to the department the results of the review. Under existing law, if the person or agency that created the source document concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, it is required to correct its record and inform the department. Existing law provides the department 30 within which to inform the applicant of its correction of the record.This bill would authorize an applicant to question the accuracy or completeness of any matter and, if the source document is questioned, would require the department, within 5 days, to verify the accuracy of the source document with the person or agency that furnished the questioned information. The bill would require the department to correct its record, destroy and purge the incorrect information if the department is unable to verify the accuracy or completeness of the source document and would require to destroy and purge the incorrect information. The bill would require the department to inform the applicant of the correction and destruction of the record within 10 days. The bill would also require a person or agency to which the incorrect record has been disseminated to, upon notification, correct the record accordingly and destroy and purge the incorrect information within 30 days. By increasing the requirements on local agencies that supply the source documents, this bill would impose a state-mandated local program.(3)This bill would establish the Increasing Access to Employment Fund and would make funds available, upon appropriation, to the California Workforce Investment Board to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions, as specified. (4)Existing law requires the disclosure of local summary criminal history information by a local criminal justice agency to certain authorized entities and authorizes the disclosure of that information to other entities in specified circumstances.The bill would require a local agency to disclose local summary criminal history information to the subject of the request or to an individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. By increasing the duties of local criminal justice agencies, this bill would impose a state-mandated local program. The bill would also reduce the entities to which local summary criminal history is required to be disclosed and to which that information is authorized to be disclosed, as specified.Existing law prohibits a local criminal justice agency from releasing information under specified circumstances, including information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.This bill would prohibit a local criminal justice agency from releasing information relating to convictions that were dismissed, arrests subsequently deemed a detention, arrests that resulted in the successful completion of a diversion program, exoneration, or arrests that were sealed. The bill would also limit the information that a local criminal justice agency can disclose to convictions for which registration as a sex offender is required, information concerning misdemeanor convictions that occurred before 2 years of the date of the request for information, and felony convictions that occurred before 5 years of the date of the request for information.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) This act shall be known, and may be cited, as the Increasing Access to Employment Act.(b) It is the intent of the Legislature that criminal conviction records not operate as an automatic bar to employment, licensure, and certification. It is the intent of the Legislature not to change or impact in any way the role or authority of a licensing board or state agency to assess the fitness of applicants seeking licensure, certification, and employment pursuant to provisions of the Business and Professions Code, Health and Safety Code, Insurance Code, and Welfare and Institutions Code, as applicable. This act supercedes any statute, regulation, rule, or decision directing a licensing board, state agency, employer, or any other applicable person or entity, to obtain criminal history records in a manner that conflicts with the intent of this act.(c) It is the intent of the Legislature to create the Increasing Access to Employment Fund for rehabilitation and reentry services to improve prospects for licensing, certification, and professional employment for people with criminal conviction records. Recidivism is reduced when people with criminal convictions are given the opportunity to secure employment and engage in a trade, occupation, or profession. It is in the interest of public safety to assist in the rehabilitation of criminal offenders by removing impediments and restrictions on an offenders ability to obtain employment or engage in a trade, occupation, or profession when those impediments and restrictions are based solely upon the existence of a criminal record. Increasing opportunities for people with criminal records improves the economic well-being of families and communities and is a path to full employment in California.SEC. 2. Section 11105 of the Penal Code is amended to read:11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official thereof thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, or a possession or territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, or the possession or territory of the United States if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9) To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.(10) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.(ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.(12) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(i) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 seven years of the date of the agencys request for information or the conviction is over 10 seven years old but the subject of the request was incarcerated or on probation or parole within 10 seven years of the agencys request for information.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t) 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, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the subject, but prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1298Introduced by Senator SkinnerFebruary 16, 2018 An act to amend Sections 11105, 11121, 11126, and 13300 of, to add Section 11128 to, and to repeal and add Section 11122 of, the Penal Code, relating to criminal records. LEGISLATIVE COUNSEL'S DIGESTSB 1298, as introduced, Skinner. The Increasing Access to Employment Act.(1) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and requires the Attorney General to furnish state summary criminal history information to specified entities and individuals if needed in the course of their duties.This bill would limit the information the department provides to specified requesters to more recent misdemeanors and felonies, generally within 5 years, and other information, as specified, including offenses for which registration as a sex offender is required. The bill would, for specified requesters, prohibit the disclosure of a conviction that has been dismissed, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or an arrest that has been sealed. The bill would specify what information is to be provided to a consumer reporting agency, as defined.This bill would require the department to furnish a copy of the Criminal Offender Record Information (CORI) to the subject when a state or federal summary criminal history information is requested and the information is to be used for employment, licensing, or certification purposes and would require the department to allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI prior to furnishing a report to a third party.Existing law requires a person who wants a copy of the his or her state summary criminal history information to obtain an application form furnished by the department and provide his or her fingerprints, in addition to other information specified by the department.This bill would remove the requirement that a person submit fingerprints to obtain his or her state summary criminal history information and would require only that information the department deems necessary.(2) Existing law authorizes a person who desires to question the accuracy or completeness of any material matter contained in the record to submit a written request to the department and, if the accuracy of the source document is questioned, requires the department to forward it to the person or agency that furnished the questioned information. Existing law gives person or agency 30 days from the receipt of the written request for clarification, to review its information and forward to the department the results of the review. Under existing law, if the person or agency that created the source document concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, it is required to correct its record and inform the department. Existing law provides the department 30 within which to inform the applicant of its correction of the record.This bill would authorize an applicant to question the accuracy or completeness of any matter and, if the source document is questioned, would require the department, within 5 days, to verify the accuracy of the source document with the person or agency that furnished the questioned information. The bill would require the department to correct its record, destroy and purge the incorrect information if the department is unable to verify the accuracy or completeness of the source document and would require to destroy and purge the incorrect information. The bill would require the department to inform the applicant of the correction and destruction of the record within 10 days. The bill would also require a person or agency to which the incorrect record has been disseminated to, upon notification, correct the record accordingly and destroy and purge the incorrect information within 30 days. By increasing the requirements on local agencies that supply the source documents, this bill would impose a state-mandated local program.(3) This bill would establish the Increasing Access to Employment Fund and would make funds available, upon appropriation, to the California Workforce Investment Board to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions, as specified. (4) Existing law requires the disclosure of local summary criminal history information by a local criminal justice agency to certain authorized entities and authorizes the disclosure of that information to other entities in specified circumstances.The bill would require a local agency to disclose local summary criminal history information to the subject of the request or to an individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. By increasing the duties of local criminal justice agencies, this bill would impose a state-mandated local program. The bill would also reduce the entities to which local summary criminal history is required to be disclosed and to which that information is authorized to be disclosed, as specified.Existing law prohibits a local criminal justice agency from releasing information under specified circumstances, including information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.This bill would prohibit a local criminal justice agency from releasing information relating to convictions that were dismissed, arrests subsequently deemed a detention, arrests that resulted in the successful completion of a diversion program, exoneration, or arrests that were sealed. The bill would also limit the information that a local criminal justice agency can disclose to convictions for which registration as a sex offender is required, information concerning misdemeanor convictions that occurred before 2 years of the date of the request for information, and felony convictions that occurred before 5 years of the date of the request for information.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) This act shall be known, and may be cited, as the Increasing Access to Employment Act.(b) It is the intent of the Legislature that criminal conviction records not operate as an automatic bar to employment, licensure, and certification. It is the intent of the Legislature not to change or impact in any way the role or authority of a licensing board or state agency to assess the fitness of applicants seeking licensure, certification, and employment pursuant to provisions of the Business and Professions Code, Health and Safety Code, Insurance Code, and Welfare and Institutions Code, as applicable. This act supercedes any statute, regulation, rule, or decision directing a licensing board, state agency, employer, or any other applicable person or entity, to obtain criminal history records in a manner that conflicts with the intent of this act.(c) It is the intent of the Legislature to create the Increasing Access to Employment Fund for rehabilitation and reentry services to improve prospects for licensing, certification, and professional employment for people with criminal conviction records. Recidivism is reduced when people with criminal convictions are given the opportunity to secure employment and engage in a trade, occupation, or profession. It is in the interest of public safety to assist in the rehabilitation of criminal offenders by removing impediments and restrictions on an offenders ability to obtain employment or engage in a trade, occupation, or profession when those impediments and restrictions are based solely upon the existence of a criminal record. Increasing opportunities for people with criminal records improves the economic well-being of families and communities and is a path to full employment in California.SEC. 2. Section 11105 of the Penal Code is amended to read:11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for dismissal pursuant to Section 1203.4 or 1203.41 or a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official employee thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official employee thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the officers request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in exoneration or a grant of relief pursuant to Section 851.91.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the investigators request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in an exoneration or a grant of relief pursuant to Section 851.91.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. With exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code. The Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction or arrest occurred within 10 years of the date of the request for information. The Department of Justice shall not disseminate information about an arrest that resulted in a grant of relief pursuant to Section 851.91.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(27) The subject of the record requested, if needed in conjunction with an application to enter the United States or a foreign nation.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, and federal level criminal history information when specifically authorized by this subdivision, upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order if receipt of state summary criminal history information is needed to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. facility. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions another state, possession or territories territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States States, if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation. (10)(9) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial. misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii)(ii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv)(iii) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v)(iv) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11)(10) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any An inquiry to the department under this section paragraph shall include the convicted felons fingerprints and any other information specified by the department. The state summary criminal history information in the possession of the college or university and all copies made from it shall be destroyed not more than 30 days after admission to a special education program is denied or granted.(12)(11) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, the persons criminal history only contains convictions dismissed pursuant to Section 1203.4 and arrests that resulted in exoneration or a grant of relief pursuant to Section 851.91, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g)(f) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i)(g) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j)(h) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k)(i) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, arrest, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. Information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate, or if the genuine effort reveals, that the subject was exonerated, the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l)(j) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m)(k) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, Misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n)(l) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) (9) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information. the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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. The Department of Justice shall not disseminate information pursuant to this subdivision if the arrest resulted in exoneration or a grant of relief pursuant to Section 851.91.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o)(m) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p)(n) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (i), (j), (k), (l), or (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. The record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, or for an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (B)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. (C)(B) Sex offender registration status of the applicant.(D)(C) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply whenever state summary criminal history information is furnished by the Department of Justice as the result of an application by a consumer reporting agency as defined in Section 1785.3 of the Civil Code, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, the arrest was subsequently deemed a detention, or the arrest resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (q)(p) All agencies, organizations, or individuals defined in subdivisions (i), (j), (k), (l), (m), (n), (o), and (p) and (n) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall does not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r)(q) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s)(r) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t)(s) 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, organization, or individual defined in subdivisions (k) to (p), (i) to (o), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual Department of Justice shall expeditiously simultaneously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. relates. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.(t) Whenever state or federal summary criminal history information is requested by an authorized agency, organization, or individual, and the information is to be used for employment, licensing, or certification purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the record subject, and prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual.(u) 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, organization, or individual defined in subdivisions (i) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the state summary criminal history information in the possession of the authorized agency, organization, or individual, and all copies made from it, shall be destroyed not more than 30 days after employment, licensure, or certification, is denied or granted. SEC. 3. Section 11121 of the Penal Code is amended to read:11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, record, learn the source of the information compiled in the record, and to refute any erroneous or inaccurate information contained therein.SEC. 4. Section 11122 of the Penal Code is repealed.11122.Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicants fingerprints to the form, and shall retain such fee.SEC. 5. Section 11122 is added to the Penal Code, to read:11122. A person who wants a copy of his or her record shall submit a form, furnished by the department, that includes information the department deems necessary. Applications may be obtained from the department or any state or local law enforcement agency.SEC. 6. Section 11126 of the Penal Code is amended to read:11126. (a) If the applicant desires to question the accuracy or completeness of any material a matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. An applicant may question the accuracy or completeness of the source document. If the accuracy of the source document is questioned, the department shall, within five days, verify its accuracy with the person or agency that furnished the questioned information.(b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, department is unable to verify the accuracy or completeness of the source document, it shall correct its record and shall so record, destroy and purge the incorrect information, and inform the department, which agency that provided the information. The agency shall correct the record accordingly. accordingly and shall destroy and purge the incorrect information. The department shall inform the applicant of its the correction and destruction of the record under this subdivision within 30 10 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which that have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days.(c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material an inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code.SEC. 7. Section 11128 is added to the Penal Code, to read:11128. (a) The Legislature hereby establishes the Increasing Access to Employment Fund within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated without regard for fiscal year for carrying out the purposes of this act.(b) Moneys in the Increasing Access to Employment Fund shall be continuously appropriated to the California Workforce Investment Board, to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions and shall not be subject to appropriation or transfer by the Legislature for any other purpose. These funds shall not be used to supplant existing state or local funds used for these purposes.(c) The Workforce Investment Board shall be responsible for administering the grant program and shall not spend more than 5 percent of the total funds it receives from the Increasing Access to Employment Fund on an annual basis for administrative costs. The grant program shall be awarded competitively on an annual basis. Any portion of a grant that a grantee does not use within the specified grant period shall revert to the Increasing Access to Employment Fund.(d) The Workforce Investment Board shall develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. In developing the grant program, the Workforce Investment Board shall consult with stakeholders, including nonprofit community-based organizations that serve formerly incarcerated people and people with criminal convictions.(e) The Workforce Investment Board, when considering grant applications, shall give preference to programs that provide:(1) Postsecondary education, support services vocational training, and apprenticeships to individuals with criminal convictions.(2) Assistance with applications for professional and occupational licenses and certifications, pardons, certificates of rehabilitation, and petitions for dismissals for individuals with criminal convictions.(3) Technical assistance and training on fair chance hiring and evidence-based, best practices relating to workforce needs and hiring of people with criminal convictions, to employers, small business owners, and business chambers.SEC. 8. Section 13300 of the Penal Code is amended to read:13300. (a) As used in this section:(1) Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as including name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.(2) Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or to, investigations conducted by, or records of intelligence information or security procedures of, the local agency.(3) Local agency means a local criminal justice agency.(b) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may conduct summary criminal history information record checks as authorized by law.(c) A local agency shall furnish local summary criminal history information to either of the following:(1) The subject of the local summary criminal history information.(2) An individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. (b)(d) A local agency shall may furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: duties:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys of any city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(12)The subject of the local summary criminal history information.(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (14)(10) Any managing or supervising correctional officer of a county jail or other county correctional facility.(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(c)(e) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1)Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. (2)(1) To a peace officer of the state other than those included in subdivision (b). (d).(3)(2) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(4)(3) To a peace officer of another country.(5)(4) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, possession, or territory of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States when this information is needed for the performance of their official duties.(6)(5) To any person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7)(6) The courts of the United States, other states, or territories or possessions of the United States.(8)(7) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.Any information(f) Information obtained from the local summary criminal history is confidential and the receiving public utility person, agency, or entity shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the person who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.(n)Notwithstanding subdivision (l) or (m), a(g) A local criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. a conviction dismissed pursuant to Section 1203.4, an arrest subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.(2) With the exception of those offenses for which registration is required pursuant to Section 290, information concerning misdemeanor convictions that occurred before two years of the date of the request for information and felony convictions that occurred before five years of the date of the request for information.(3) Information requested by an agency, officer, or official of state or local government, a public utility, or any entity, to assist in fulfilling employment, certification, or licensing duties. Agencies, officers, officials of state or local government, a public utility, or any entity, seeking information to assist an in fulfilling employment, certification, or licensing duties may obtain an applicants state summary criminal history information from the Department of Justice pursuant to Section 11105. This section does not impose any duty upon agencies, officers, officials of state or local government, a public utility, or any entity to request local summary criminal history information on any current or prospective applicant.(h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.SEC. 9. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 92 | | - | The people of the State of California do enact as follows:SECTION 1. (a) This act shall be known, and may be cited, as the Increasing Access to Employment Act.(b) It is the intent of the Legislature that criminal conviction records not operate as an automatic bar to employment, licensure, and certification. It is the intent of the Legislature not to change or impact in any way the role or authority of a licensing board or state agency to assess the fitness of applicants seeking licensure, certification, and employment pursuant to provisions of the Business and Professions Code, Health and Safety Code, Insurance Code, and Welfare and Institutions Code, as applicable. This act supercedes any statute, regulation, rule, or decision directing a licensing board, state agency, employer, or any other applicable person or entity, to obtain criminal history records in a manner that conflicts with the intent of this act.(c) It is the intent of the Legislature to create the Increasing Access to Employment Fund for rehabilitation and reentry services to improve prospects for licensing, certification, and professional employment for people with criminal conviction records. Recidivism is reduced when people with criminal convictions are given the opportunity to secure employment and engage in a trade, occupation, or profession. It is in the interest of public safety to assist in the rehabilitation of criminal offenders by removing impediments and restrictions on an offenders ability to obtain employment or engage in a trade, occupation, or profession when those impediments and restrictions are based solely upon the existence of a criminal record. Increasing opportunities for people with criminal records improves the economic well-being of families and communities and is a path to full employment in California.SEC. 2. Section 11105 of the Penal Code is amended to read:11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official thereof thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, or a possession or territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, or the possession or territory of the United States if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9) To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.(10) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.(ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.(12) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(i) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 seven years of the date of the agencys request for information or the conviction is over 10 seven years old but the subject of the request was incarcerated or on probation or parole within 10 seven years of the agencys request for information.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t) 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, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the subject, but prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 60 | + | The people of the State of California do enact as follows:SECTION 1. (a) This act shall be known, and may be cited, as the Increasing Access to Employment Act.(b) It is the intent of the Legislature that criminal conviction records not operate as an automatic bar to employment, licensure, and certification. It is the intent of the Legislature not to change or impact in any way the role or authority of a licensing board or state agency to assess the fitness of applicants seeking licensure, certification, and employment pursuant to provisions of the Business and Professions Code, Health and Safety Code, Insurance Code, and Welfare and Institutions Code, as applicable. This act supercedes any statute, regulation, rule, or decision directing a licensing board, state agency, employer, or any other applicable person or entity, to obtain criminal history records in a manner that conflicts with the intent of this act.(c) It is the intent of the Legislature to create the Increasing Access to Employment Fund for rehabilitation and reentry services to improve prospects for licensing, certification, and professional employment for people with criminal conviction records. Recidivism is reduced when people with criminal convictions are given the opportunity to secure employment and engage in a trade, occupation, or profession. It is in the interest of public safety to assist in the rehabilitation of criminal offenders by removing impediments and restrictions on an offenders ability to obtain employment or engage in a trade, occupation, or profession when those impediments and restrictions are based solely upon the existence of a criminal record. Increasing opportunities for people with criminal records improves the economic well-being of families and communities and is a path to full employment in California.SEC. 2. Section 11105 of the Penal Code is amended to read:11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for dismissal pursuant to Section 1203.4 or 1203.41 or a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official employee thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official employee thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the officers request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in exoneration or a grant of relief pursuant to Section 851.91.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the investigators request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in an exoneration or a grant of relief pursuant to Section 851.91.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. With exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code. The Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction or arrest occurred within 10 years of the date of the request for information. The Department of Justice shall not disseminate information about an arrest that resulted in a grant of relief pursuant to Section 851.91.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(27) The subject of the record requested, if needed in conjunction with an application to enter the United States or a foreign nation.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, and federal level criminal history information when specifically authorized by this subdivision, upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order if receipt of state summary criminal history information is needed to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. facility. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions another state, possession or territories territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States States, if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation. (10)(9) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial. misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii)(ii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv)(iii) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v)(iv) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11)(10) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any An inquiry to the department under this section paragraph shall include the convicted felons fingerprints and any other information specified by the department. The state summary criminal history information in the possession of the college or university and all copies made from it shall be destroyed not more than 30 days after admission to a special education program is denied or granted.(12)(11) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, the persons criminal history only contains convictions dismissed pursuant to Section 1203.4 and arrests that resulted in exoneration or a grant of relief pursuant to Section 851.91, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g)(f) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i)(g) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j)(h) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k)(i) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, arrest, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. Information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate, or if the genuine effort reveals, that the subject was exonerated, the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l)(j) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m)(k) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, Misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n)(l) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) (9) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information. the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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. The Department of Justice shall not disseminate information pursuant to this subdivision if the arrest resulted in exoneration or a grant of relief pursuant to Section 851.91.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o)(m) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p)(n) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (i), (j), (k), (l), or (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. The record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, or for an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (B)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. (C)(B) Sex offender registration status of the applicant.(D)(C) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply whenever state summary criminal history information is furnished by the Department of Justice as the result of an application by a consumer reporting agency as defined in Section 1785.3 of the Civil Code, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, the arrest was subsequently deemed a detention, or the arrest resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (q)(p) All agencies, organizations, or individuals defined in subdivisions (i), (j), (k), (l), (m), (n), (o), and (p) and (n) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall does not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r)(q) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s)(r) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t)(s) 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, organization, or individual defined in subdivisions (k) to (p), (i) to (o), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual Department of Justice shall expeditiously simultaneously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. relates. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.(t) Whenever state or federal summary criminal history information is requested by an authorized agency, organization, or individual, and the information is to be used for employment, licensing, or certification purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the record subject, and prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual.(u) 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, organization, or individual defined in subdivisions (i) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the state summary criminal history information in the possession of the authorized agency, organization, or individual, and all copies made from it, shall be destroyed not more than 30 days after employment, licensure, or certification, is denied or granted. SEC. 3. Section 11121 of the Penal Code is amended to read:11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, record, learn the source of the information compiled in the record, and to refute any erroneous or inaccurate information contained therein.SEC. 4. Section 11122 of the Penal Code is repealed.11122.Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicants fingerprints to the form, and shall retain such fee.SEC. 5. Section 11122 is added to the Penal Code, to read:11122. A person who wants a copy of his or her record shall submit a form, furnished by the department, that includes information the department deems necessary. Applications may be obtained from the department or any state or local law enforcement agency.SEC. 6. Section 11126 of the Penal Code is amended to read:11126. (a) If the applicant desires to question the accuracy or completeness of any material a matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. An applicant may question the accuracy or completeness of the source document. If the accuracy of the source document is questioned, the department shall, within five days, verify its accuracy with the person or agency that furnished the questioned information.(b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, department is unable to verify the accuracy or completeness of the source document, it shall correct its record and shall so record, destroy and purge the incorrect information, and inform the department, which agency that provided the information. The agency shall correct the record accordingly. accordingly and shall destroy and purge the incorrect information. The department shall inform the applicant of its the correction and destruction of the record under this subdivision within 30 10 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which that have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days.(c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material an inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code.SEC. 7. Section 11128 is added to the Penal Code, to read:11128. (a) The Legislature hereby establishes the Increasing Access to Employment Fund within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated without regard for fiscal year for carrying out the purposes of this act.(b) Moneys in the Increasing Access to Employment Fund shall be continuously appropriated to the California Workforce Investment Board, to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions and shall not be subject to appropriation or transfer by the Legislature for any other purpose. These funds shall not be used to supplant existing state or local funds used for these purposes.(c) The Workforce Investment Board shall be responsible for administering the grant program and shall not spend more than 5 percent of the total funds it receives from the Increasing Access to Employment Fund on an annual basis for administrative costs. The grant program shall be awarded competitively on an annual basis. Any portion of a grant that a grantee does not use within the specified grant period shall revert to the Increasing Access to Employment Fund.(d) The Workforce Investment Board shall develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. In developing the grant program, the Workforce Investment Board shall consult with stakeholders, including nonprofit community-based organizations that serve formerly incarcerated people and people with criminal convictions.(e) The Workforce Investment Board, when considering grant applications, shall give preference to programs that provide:(1) Postsecondary education, support services vocational training, and apprenticeships to individuals with criminal convictions.(2) Assistance with applications for professional and occupational licenses and certifications, pardons, certificates of rehabilitation, and petitions for dismissals for individuals with criminal convictions.(3) Technical assistance and training on fair chance hiring and evidence-based, best practices relating to workforce needs and hiring of people with criminal convictions, to employers, small business owners, and business chambers.SEC. 8. Section 13300 of the Penal Code is amended to read:13300. (a) As used in this section:(1) Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as including name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.(2) Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or to, investigations conducted by, or records of intelligence information or security procedures of, the local agency.(3) Local agency means a local criminal justice agency.(b) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may conduct summary criminal history information record checks as authorized by law.(c) A local agency shall furnish local summary criminal history information to either of the following:(1) The subject of the local summary criminal history information.(2) An individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. (b)(d) A local agency shall may furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: duties:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys of any city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(12)The subject of the local summary criminal history information.(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (14)(10) Any managing or supervising correctional officer of a county jail or other county correctional facility.(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(c)(e) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1)Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. (2)(1) To a peace officer of the state other than those included in subdivision (b). (d).(3)(2) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(4)(3) To a peace officer of another country.(5)(4) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, possession, or territory of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States when this information is needed for the performance of their official duties.(6)(5) To any person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7)(6) The courts of the United States, other states, or territories or possessions of the United States.(8)(7) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.Any information(f) Information obtained from the local summary criminal history is confidential and the receiving public utility person, agency, or entity shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the person who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.(n)Notwithstanding subdivision (l) or (m), a(g) A local criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. a conviction dismissed pursuant to Section 1203.4, an arrest subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.(2) With the exception of those offenses for which registration is required pursuant to Section 290, information concerning misdemeanor convictions that occurred before two years of the date of the request for information and felony convictions that occurred before five years of the date of the request for information.(3) Information requested by an agency, officer, or official of state or local government, a public utility, or any entity, to assist in fulfilling employment, certification, or licensing duties. Agencies, officers, officials of state or local government, a public utility, or any entity, seeking information to assist an in fulfilling employment, certification, or licensing duties may obtain an applicants state summary criminal history information from the Department of Justice pursuant to Section 11105. This section does not impose any duty upon agencies, officers, officials of state or local government, a public utility, or any entity to request local summary criminal history information on any current or prospective applicant.(h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.SEC. 9. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 110 | | - | SEC. 2. Section 11105 of the Penal Code is amended to read:11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official thereof thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, or a possession or territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, or the possession or territory of the United States if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9) To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.(10) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.(ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.(12) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(i) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 seven years of the date of the agencys request for information or the conviction is over 10 seven years old but the subject of the request was incarcerated or on probation or parole within 10 seven years of the agencys request for information.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t) 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, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the subject, but prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 78 | + | SEC. 2. Section 11105 of the Penal Code is amended to read:11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for dismissal pursuant to Section 1203.4 or 1203.41 or a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official employee thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official employee thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the officers request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in exoneration or a grant of relief pursuant to Section 851.91.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the investigators request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in an exoneration or a grant of relief pursuant to Section 851.91.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. With exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code. The Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction or arrest occurred within 10 years of the date of the request for information. The Department of Justice shall not disseminate information about an arrest that resulted in a grant of relief pursuant to Section 851.91.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(27) The subject of the record requested, if needed in conjunction with an application to enter the United States or a foreign nation.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, and federal level criminal history information when specifically authorized by this subdivision, upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order if receipt of state summary criminal history information is needed to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. facility. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions another state, possession or territories territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States States, if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation. (10)(9) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial. misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii)(ii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv)(iii) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v)(iv) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11)(10) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any An inquiry to the department under this section paragraph shall include the convicted felons fingerprints and any other information specified by the department. The state summary criminal history information in the possession of the college or university and all copies made from it shall be destroyed not more than 30 days after admission to a special education program is denied or granted.(12)(11) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, the persons criminal history only contains convictions dismissed pursuant to Section 1203.4 and arrests that resulted in exoneration or a grant of relief pursuant to Section 851.91, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g)(f) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i)(g) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j)(h) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k)(i) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, arrest, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. Information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate, or if the genuine effort reveals, that the subject was exonerated, the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l)(j) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m)(k) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, Misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n)(l) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) (9) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information. the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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. The Department of Justice shall not disseminate information pursuant to this subdivision if the arrest resulted in exoneration or a grant of relief pursuant to Section 851.91.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o)(m) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p)(n) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (i), (j), (k), (l), or (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. The record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, or for an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (B)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. (C)(B) Sex offender registration status of the applicant.(D)(C) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply whenever state summary criminal history information is furnished by the Department of Justice as the result of an application by a consumer reporting agency as defined in Section 1785.3 of the Civil Code, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, the arrest was subsequently deemed a detention, or the arrest resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (q)(p) All agencies, organizations, or individuals defined in subdivisions (i), (j), (k), (l), (m), (n), (o), and (p) and (n) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall does not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r)(q) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s)(r) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t)(s) 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, organization, or individual defined in subdivisions (k) to (p), (i) to (o), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual Department of Justice shall expeditiously simultaneously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. relates. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.(t) Whenever state or federal summary criminal history information is requested by an authorized agency, organization, or individual, and the information is to be used for employment, licensing, or certification purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the record subject, and prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual.(u) 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, organization, or individual defined in subdivisions (i) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the state summary criminal history information in the possession of the authorized agency, organization, or individual, and all copies made from it, shall be destroyed not more than 30 days after employment, licensure, or certification, is denied or granted. |
|---|
| 116 | | - | 11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official thereof thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, or a possession or territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, or the possession or territory of the United States if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9) To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.(10) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.(ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.(12) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(i) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 seven years of the date of the agencys request for information or the conviction is over 10 seven years old but the subject of the request was incarcerated or on probation or parole within 10 seven years of the agencys request for information.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t) 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, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the subject, but prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 84 | + | 11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for dismissal pursuant to Section 1203.4 or 1203.41 or a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official employee thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official employee thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the officers request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in exoneration or a grant of relief pursuant to Section 851.91.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the investigators request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in an exoneration or a grant of relief pursuant to Section 851.91.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. With exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code. The Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction or arrest occurred within 10 years of the date of the request for information. The Department of Justice shall not disseminate information about an arrest that resulted in a grant of relief pursuant to Section 851.91.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(27) The subject of the record requested, if needed in conjunction with an application to enter the United States or a foreign nation.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, and federal level criminal history information when specifically authorized by this subdivision, upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order if receipt of state summary criminal history information is needed to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. facility. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions another state, possession or territories territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States States, if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation. (10)(9) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial. misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii)(ii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv)(iii) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v)(iv) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11)(10) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any An inquiry to the department under this section paragraph shall include the convicted felons fingerprints and any other information specified by the department. The state summary criminal history information in the possession of the college or university and all copies made from it shall be destroyed not more than 30 days after admission to a special education program is denied or granted.(12)(11) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, the persons criminal history only contains convictions dismissed pursuant to Section 1203.4 and arrests that resulted in exoneration or a grant of relief pursuant to Section 851.91, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g)(f) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i)(g) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j)(h) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k)(i) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, arrest, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. Information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate, or if the genuine effort reveals, that the subject was exonerated, the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l)(j) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m)(k) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, Misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n)(l) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) (9) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information. the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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. The Department of Justice shall not disseminate information pursuant to this subdivision if the arrest resulted in exoneration or a grant of relief pursuant to Section 851.91.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o)(m) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p)(n) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (i), (j), (k), (l), or (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. The record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, or for an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (B)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. (C)(B) Sex offender registration status of the applicant.(D)(C) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply whenever state summary criminal history information is furnished by the Department of Justice as the result of an application by a consumer reporting agency as defined in Section 1785.3 of the Civil Code, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, the arrest was subsequently deemed a detention, or the arrest resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (q)(p) All agencies, organizations, or individuals defined in subdivisions (i), (j), (k), (l), (m), (n), (o), and (p) and (n) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall does not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r)(q) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s)(r) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t)(s) 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, organization, or individual defined in subdivisions (k) to (p), (i) to (o), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual Department of Justice shall expeditiously simultaneously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. relates. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.(t) Whenever state or federal summary criminal history information is requested by an authorized agency, organization, or individual, and the information is to be used for employment, licensing, or certification purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the record subject, and prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual.(u) 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, organization, or individual defined in subdivisions (i) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the state summary criminal history information in the possession of the authorized agency, organization, or individual, and all copies made from it, shall be destroyed not more than 30 days after employment, licensure, or certification, is denied or granted. |
|---|
| 118 | | - | 11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official thereof thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, or a possession or territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, or the possession or territory of the United States if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9) To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.(10) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.(ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.(12) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(i) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 seven years of the date of the agencys request for information or the conviction is over 10 seven years old but the subject of the request was incarcerated or on probation or parole within 10 seven years of the agencys request for information.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t) 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, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the subject, but prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 86 | + | 11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for dismissal pursuant to Section 1203.4 or 1203.41 or a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official employee thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official employee thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the officers request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in exoneration or a grant of relief pursuant to Section 851.91.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the investigators request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in an exoneration or a grant of relief pursuant to Section 851.91.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. With exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code. The Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction or arrest occurred within 10 years of the date of the request for information. The Department of Justice shall not disseminate information about an arrest that resulted in a grant of relief pursuant to Section 851.91.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(27) The subject of the record requested, if needed in conjunction with an application to enter the United States or a foreign nation.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, and federal level criminal history information when specifically authorized by this subdivision, upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order if receipt of state summary criminal history information is needed to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. facility. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions another state, possession or territories territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States States, if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation. (10)(9) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial. misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii)(ii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv)(iii) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v)(iv) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11)(10) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any An inquiry to the department under this section paragraph shall include the convicted felons fingerprints and any other information specified by the department. The state summary criminal history information in the possession of the college or university and all copies made from it shall be destroyed not more than 30 days after admission to a special education program is denied or granted.(12)(11) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, the persons criminal history only contains convictions dismissed pursuant to Section 1203.4 and arrests that resulted in exoneration or a grant of relief pursuant to Section 851.91, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g)(f) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i)(g) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j)(h) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k)(i) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, arrest, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. Information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate, or if the genuine effort reveals, that the subject was exonerated, the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l)(j) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m)(k) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, Misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n)(l) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) (9) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information. the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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. The Department of Justice shall not disseminate information pursuant to this subdivision if the arrest resulted in exoneration or a grant of relief pursuant to Section 851.91.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o)(m) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p)(n) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (i), (j), (k), (l), or (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. The record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, or for an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (B)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. (C)(B) Sex offender registration status of the applicant.(D)(C) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply whenever state summary criminal history information is furnished by the Department of Justice as the result of an application by a consumer reporting agency as defined in Section 1785.3 of the Civil Code, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, the arrest was subsequently deemed a detention, or the arrest resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (q)(p) All agencies, organizations, or individuals defined in subdivisions (i), (j), (k), (l), (m), (n), (o), and (p) and (n) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall does not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r)(q) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s)(r) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t)(s) 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, organization, or individual defined in subdivisions (k) to (p), (i) to (o), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual Department of Justice shall expeditiously simultaneously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. relates. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.(t) Whenever state or federal summary criminal history information is requested by an authorized agency, organization, or individual, and the information is to be used for employment, licensing, or certification purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the record subject, and prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual.(u) 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, organization, or individual defined in subdivisions (i) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the state summary criminal history information in the possession of the authorized agency, organization, or individual, and all copies made from it, shall be destroyed not more than 30 days after employment, licensure, or certification, is denied or granted. |
|---|
| 120 | | - | 11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official thereof thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, or a possession or territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, or the possession or territory of the United States if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9) To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.(10) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.(ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.(12) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(i) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 seven years of the date of the agencys request for information or the conviction is over 10 seven years old but the subject of the request was incarcerated or on probation or parole within 10 seven years of the agencys request for information.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. 1203.4, 1203.4a, 1203.41, 1203.42, 1203.45, 1203.49, or 1170.9.(B) 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.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t) 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, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the subject, but prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 88 | + | 11105. (a) (1) The Department of Justice shall maintain state summary criminal history information.(2) As used in this section:(A) State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as including name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.(B) 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 to, investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.(b) The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys or city prosecutors of a city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for dismissal pursuant to Section 1203.4 or 1203.41 or a certificate of rehabilitation and pardon pursuant to Section 4852.08. 4852.01.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.(10) An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(11) A city or city, county, city and county, district, or an officer or official employee thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or city, county, city and county, district, or the officer or official employee thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.(12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).(13) A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.(14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.(15) A managing or supervising correctional officer of a county jail or other county correctional facility.(16) A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.(17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.(18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.(19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.(20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.(21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the officers request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in exoneration or a grant of relief pursuant to Section 851.91.(22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction occurred within five years of the date of the investigators request for information. The Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in an exoneration or a grant of relief pursuant to Section 851.91.(23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. With the exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(25) A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. With exception of those offenses for which registration is required pursuant to Section 290, the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (26) (A) A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code. The Department of Justice shall not disseminate information pursuant to this paragraph unless the conviction or arrest occurred within 10 years of the date of the request for information. The Department of Justice shall not disseminate information about an arrest that resulted in a grant of relief pursuant to Section 851.91.(B) For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.(27) The subject of the record requested, if needed in conjunction with an application to enter the United States or a foreign nation.(c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, and federal level criminal history information when specifically authorized by this subdivision, upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1) A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order if receipt of state summary criminal history information is needed to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. facility. The information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2) To a peace officer of the state other than those included in subdivision (b).(3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.(4) To a peace officer of another country.(5) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions another state, possession or territories territory of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States States, if the information is needed for the performance of their official duties.(6) To a person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7) The courts of the United States, other states, or territories or possessions of the United States.(8) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation. (10)(9) (A) (i) A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of state summary criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial. misdemeanor convictions that occurred within two years of the date of the request for information, felony convictions that occurred within five years of the date of the request for information, and arrests for which the person is released on bail or on his or her own recognizance pending trial. The Department of Justice shall not disseminate information pursuant to this paragraph of a conviction that was dismissed pursuant to Section 1203.4, an arrest that was subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.(iii)(ii) State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.(iv)(iii) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.(v)(iv) This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.(B) For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.(C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.(11)(10) To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any An inquiry to the department under this section paragraph shall include the convicted felons fingerprints and any other information specified by the department. The state summary criminal history information in the possession of the college or university and all copies made from it shall be destroyed not more than 30 days after admission to a special education program is denied or granted.(12)(11) To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.(d) Whenever When an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, the persons criminal history only contains convictions dismissed pursuant to Section 1203.4 and arrests that resulted in exoneration or a grant of relief pursuant to Section 851.91, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e) Whenever When state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.(g)(f) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i)(g) Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.(j)(h) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.(k)(i) (1) This subdivision shall apply 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 peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, arrest, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. Information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate, or if the genuine effort reveals, that the subject was exonerated, the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every successful diversion.(E) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(F) Sex offender registration status of the applicant.(G) Sentencing information, if present in the departments records at the time of the response.(l)(j) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant. applicant, unless the conviction was dismissed pursuant to Section 1203.4.(B) 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.(C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate indicate, or if the genuine effort reveals reveals, that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.(D) Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.(E) Sex offender registration status of the applicant.(F) Sentencing information, if present in the departments records at the time of the response.(m)(k) (1) This subdivision shall apply 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 pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction of an offense rendered against the applicant, Misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) 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.(C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.(D) Sex offender registration status of the applicant.(E) Sentencing information, if present in the departments records at the time of the response.(3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, (1), the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(n)(l) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:(A) Paragraph (10) (9) of subdivision (c), when the information is to be used by a cable corporation.(B) Section 11105.3 or 11105.4.(C) Section 15660 of the Welfare and Institutions Code.(D) A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.(2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information. the information provided shall be limited to the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4.(B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code 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. The Department of Justice shall not disseminate information pursuant to this subdivision if the arrest resulted in exoneration or a grant of relief pursuant to Section 851.91.(C) Sex offender registration status of the applicant.(D) Sentencing information, if present in the departments records at the time of the response.(o)(m) (1) This subdivision shall apply 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 pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.(B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code 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.(C) Sentencing information, if present in the departments records at the time of the response.(p)(n) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (i), (j), (k), (l), or (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:(A) Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49. The record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, or for an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (B)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. (C)(B) Sex offender registration status of the applicant.(D)(C) Sentencing information, if present in the departments records at the time of the response.(o) (1) This subdivision shall apply whenever state summary criminal history information is furnished by the Department of Justice as the result of an application by a consumer reporting agency as defined in Section 1785.3 of the Civil Code, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.(2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, the arrest was subsequently deemed a detention, or the arrest resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. (q)(p) All agencies, organizations, or individuals defined in subdivisions (i), (j), (k), (l), (m), (n), (o), and (p) and (n) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall does not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.(r)(q) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.(s)(r) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.(t)(s) 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, organization, or individual defined in subdivisions (k) to (p), (i) to (o), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual Department of Justice shall expeditiously simultaneously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. relates. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.(t) Whenever state or federal summary criminal history information is requested by an authorized agency, organization, or individual, and the information is to be used for employment, licensing, or certification purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the record subject, and prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual.(u) 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, organization, or individual defined in subdivisions (i) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the state summary criminal history information in the possession of the authorized agency, organization, or individual, and all copies made from it, shall be destroyed not more than 30 days after employment, licensure, or certification, is denied or granted. |
|---|
| 338 | | - | (t) 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, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the subject, but prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 372 | + | (B) Sex offender registration status of the applicant. |
|---|
| 373 | + | |
|---|
| 374 | + | (D) |
|---|
| 375 | + | |
|---|
| 376 | + | |
|---|
| 377 | + | |
|---|
| 378 | + | (C) Sentencing information, if present in the departments records at the time of the response. |
|---|
| 379 | + | |
|---|
| 380 | + | (o) (1) This subdivision shall apply whenever state summary criminal history information is furnished by the Department of Justice as the result of an application by a consumer reporting agency as defined in Section 1785.3 of the Civil Code, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes. |
|---|
| 381 | + | |
|---|
| 382 | + | (2) Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the record of misdemeanor convictions that occurred within two years of the date of the request for information and felony convictions that occurred within five years of the date of the request for information. The Department of Justice shall not disseminate information pursuant to this subdivision if the conviction was dismissed pursuant to Section 1203.4, the arrest was subsequently deemed a detention, or the arrest resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. |
|---|
| 383 | + | |
|---|
| 384 | + | (q) |
|---|
| 385 | + | |
|---|
| 386 | + | |
|---|
| 387 | + | |
|---|
| 388 | + | (p) All agencies, organizations, or individuals defined in subdivisions (i), (j), (k), (l), (m), (n), (o), and (p) and (n) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall does not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. |
|---|
| 389 | + | |
|---|
| 390 | + | (r) |
|---|
| 391 | + | |
|---|
| 392 | + | |
|---|
| 393 | + | |
|---|
| 394 | + | (q) This section does not require the Department of Justice to cease compliance with any other statutory notification requirements. |
|---|
| 395 | + | |
|---|
| 396 | + | (s) |
|---|
| 397 | + | |
|---|
| 398 | + | |
|---|
| 399 | + | |
|---|
| 400 | + | (r) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information. |
|---|
| 401 | + | |
|---|
| 402 | + | (t) |
|---|
| 403 | + | |
|---|
| 404 | + | |
|---|
| 405 | + | |
|---|
| 406 | + | (s) 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, organization, or individual defined in subdivisions (k) to (p), (i) to (o), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual Department of Justice shall expeditiously simultaneously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. relates. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. |
|---|
| 407 | + | |
|---|
| 408 | + | (t) Whenever state or federal summary criminal history information is requested by an authorized agency, organization, or individual, and the information is to be used for employment, licensing, or certification purposes, the department shall first furnish a copy of the Criminal Offender Record Information (CORI) to the subject of the request. After furnishing a copy to the record subject, and prior to furnishing a report to a third party, the department shall allow the subject a reasonable opportunity of not less than five days to challenge the accuracy or completeness of any matter contained in the CORI. The department shall make the necessary corrections pursuant to Section 11126 prior to furnishing the information to the requesting agency, organization, or individual. |
|---|
| 409 | + | |
|---|
| 410 | + | (u) 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, organization, or individual defined in subdivisions (i) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the state summary criminal history information in the possession of the authorized agency, organization, or individual, and all copies made from it, shall be destroyed not more than 30 days after employment, licensure, or certification, is denied or granted. |
|---|
| 411 | + | |
|---|
| 412 | + | SEC. 3. Section 11121 of the Penal Code is amended to read:11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, record, learn the source of the information compiled in the record, and to refute any erroneous or inaccurate information contained therein. |
|---|
| 413 | + | |
|---|
| 414 | + | SEC. 3. Section 11121 of the Penal Code is amended to read: |
|---|
| 415 | + | |
|---|
| 416 | + | ### SEC. 3. |
|---|
| 417 | + | |
|---|
| 418 | + | 11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, record, learn the source of the information compiled in the record, and to refute any erroneous or inaccurate information contained therein. |
|---|
| 419 | + | |
|---|
| 420 | + | 11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, record, learn the source of the information compiled in the record, and to refute any erroneous or inaccurate information contained therein. |
|---|
| 421 | + | |
|---|
| 422 | + | 11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, record, learn the source of the information compiled in the record, and to refute any erroneous or inaccurate information contained therein. |
|---|
| 423 | + | |
|---|
| 424 | + | |
|---|
| 425 | + | |
|---|
| 426 | + | 11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, record, learn the source of the information compiled in the record, and to refute any erroneous or inaccurate information contained therein. |
|---|
| 427 | + | |
|---|
| 428 | + | SEC. 4. Section 11122 of the Penal Code is repealed.11122.Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicants fingerprints to the form, and shall retain such fee. |
|---|
| 429 | + | |
|---|
| 430 | + | SEC. 4. Section 11122 of the Penal Code is repealed. |
|---|
| 431 | + | |
|---|
| 432 | + | ### SEC. 4. |
|---|
| 433 | + | |
|---|
| 434 | + | 11122.Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicants fingerprints to the form, and shall retain such fee. |
|---|
| 435 | + | |
|---|
| 436 | + | |
|---|
| 437 | + | |
|---|
| 438 | + | Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicants fingerprints to the form, and shall retain such fee. |
|---|
| 439 | + | |
|---|
| 440 | + | |
|---|
| 441 | + | |
|---|
| 442 | + | SEC. 5. Section 11122 is added to the Penal Code, to read:11122. A person who wants a copy of his or her record shall submit a form, furnished by the department, that includes information the department deems necessary. Applications may be obtained from the department or any state or local law enforcement agency. |
|---|
| 443 | + | |
|---|
| 444 | + | SEC. 5. Section 11122 is added to the Penal Code, to read: |
|---|
| 445 | + | |
|---|
| 446 | + | ### SEC. 5. |
|---|
| 447 | + | |
|---|
| 448 | + | 11122. A person who wants a copy of his or her record shall submit a form, furnished by the department, that includes information the department deems necessary. Applications may be obtained from the department or any state or local law enforcement agency. |
|---|
| 449 | + | |
|---|
| 450 | + | 11122. A person who wants a copy of his or her record shall submit a form, furnished by the department, that includes information the department deems necessary. Applications may be obtained from the department or any state or local law enforcement agency. |
|---|
| 451 | + | |
|---|
| 452 | + | 11122. A person who wants a copy of his or her record shall submit a form, furnished by the department, that includes information the department deems necessary. Applications may be obtained from the department or any state or local law enforcement agency. |
|---|
| 453 | + | |
|---|
| 454 | + | |
|---|
| 455 | + | |
|---|
| 456 | + | 11122. A person who wants a copy of his or her record shall submit a form, furnished by the department, that includes information the department deems necessary. Applications may be obtained from the department or any state or local law enforcement agency. |
|---|
| 457 | + | |
|---|
| 458 | + | SEC. 6. Section 11126 of the Penal Code is amended to read:11126. (a) If the applicant desires to question the accuracy or completeness of any material a matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. An applicant may question the accuracy or completeness of the source document. If the accuracy of the source document is questioned, the department shall, within five days, verify its accuracy with the person or agency that furnished the questioned information.(b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, department is unable to verify the accuracy or completeness of the source document, it shall correct its record and shall so record, destroy and purge the incorrect information, and inform the department, which agency that provided the information. The agency shall correct the record accordingly. accordingly and shall destroy and purge the incorrect information. The department shall inform the applicant of its the correction and destruction of the record under this subdivision within 30 10 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which that have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days.(c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material an inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code. |
|---|
| 459 | + | |
|---|
| 460 | + | SEC. 6. Section 11126 of the Penal Code is amended to read: |
|---|
| 461 | + | |
|---|
| 462 | + | ### SEC. 6. |
|---|
| 463 | + | |
|---|
| 464 | + | 11126. (a) If the applicant desires to question the accuracy or completeness of any material a matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. An applicant may question the accuracy or completeness of the source document. If the accuracy of the source document is questioned, the department shall, within five days, verify its accuracy with the person or agency that furnished the questioned information.(b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, department is unable to verify the accuracy or completeness of the source document, it shall correct its record and shall so record, destroy and purge the incorrect information, and inform the department, which agency that provided the information. The agency shall correct the record accordingly. accordingly and shall destroy and purge the incorrect information. The department shall inform the applicant of its the correction and destruction of the record under this subdivision within 30 10 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which that have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days.(c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material an inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code. |
|---|
| 465 | + | |
|---|
| 466 | + | 11126. (a) If the applicant desires to question the accuracy or completeness of any material a matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. An applicant may question the accuracy or completeness of the source document. If the accuracy of the source document is questioned, the department shall, within five days, verify its accuracy with the person or agency that furnished the questioned information.(b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, department is unable to verify the accuracy or completeness of the source document, it shall correct its record and shall so record, destroy and purge the incorrect information, and inform the department, which agency that provided the information. The agency shall correct the record accordingly. accordingly and shall destroy and purge the incorrect information. The department shall inform the applicant of its the correction and destruction of the record under this subdivision within 30 10 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which that have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days.(c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material an inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code. |
|---|
| 467 | + | |
|---|
| 468 | + | 11126. (a) If the applicant desires to question the accuracy or completeness of any material a matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. An applicant may question the accuracy or completeness of the source document. If the accuracy of the source document is questioned, the department shall, within five days, verify its accuracy with the person or agency that furnished the questioned information.(b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, department is unable to verify the accuracy or completeness of the source document, it shall correct its record and shall so record, destroy and purge the incorrect information, and inform the department, which agency that provided the information. The agency shall correct the record accordingly. accordingly and shall destroy and purge the incorrect information. The department shall inform the applicant of its the correction and destruction of the record under this subdivision within 30 10 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which that have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days.(c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material an inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code. |
|---|
| 469 | + | |
|---|
| 470 | + | |
|---|
| 471 | + | |
|---|
| 472 | + | 11126. (a) If the applicant desires to question the accuracy or completeness of any material a matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source document, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source document is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the review. An applicant may question the accuracy or completeness of the source document. If the accuracy of the source document is questioned, the department shall, within five days, verify its accuracy with the person or agency that furnished the questioned information. |
|---|
| 473 | + | |
|---|
| 474 | + | (b) If the agency concurs in the allegations of inaccuracy or incompleteness in the record, and finds that the error is material, department is unable to verify the accuracy or completeness of the source document, it shall correct its record and shall so record, destroy and purge the incorrect information, and inform the department, which agency that provided the information. The agency shall correct the record accordingly. accordingly and shall destroy and purge the incorrect information. The department shall inform the applicant of its the correction and destruction of the record under this subdivision within 30 10 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which that have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. |
|---|
| 475 | + | |
|---|
| 476 | + | (c) If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether material inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material an inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. A person or agency to which the incorrect record has been disseminated shall, upon notification by the department or agency, correct the record accordingly and destroy and purge the incorrect information under this subdivision within 30 days. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code. |
|---|
| 477 | + | |
|---|
| 478 | + | SEC. 7. Section 11128 is added to the Penal Code, to read:11128. (a) The Legislature hereby establishes the Increasing Access to Employment Fund within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated without regard for fiscal year for carrying out the purposes of this act.(b) Moneys in the Increasing Access to Employment Fund shall be continuously appropriated to the California Workforce Investment Board, to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions and shall not be subject to appropriation or transfer by the Legislature for any other purpose. These funds shall not be used to supplant existing state or local funds used for these purposes.(c) The Workforce Investment Board shall be responsible for administering the grant program and shall not spend more than 5 percent of the total funds it receives from the Increasing Access to Employment Fund on an annual basis for administrative costs. The grant program shall be awarded competitively on an annual basis. Any portion of a grant that a grantee does not use within the specified grant period shall revert to the Increasing Access to Employment Fund.(d) The Workforce Investment Board shall develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. In developing the grant program, the Workforce Investment Board shall consult with stakeholders, including nonprofit community-based organizations that serve formerly incarcerated people and people with criminal convictions.(e) The Workforce Investment Board, when considering grant applications, shall give preference to programs that provide:(1) Postsecondary education, support services vocational training, and apprenticeships to individuals with criminal convictions.(2) Assistance with applications for professional and occupational licenses and certifications, pardons, certificates of rehabilitation, and petitions for dismissals for individuals with criminal convictions.(3) Technical assistance and training on fair chance hiring and evidence-based, best practices relating to workforce needs and hiring of people with criminal convictions, to employers, small business owners, and business chambers. |
|---|
| 479 | + | |
|---|
| 480 | + | SEC. 7. Section 11128 is added to the Penal Code, to read: |
|---|
| 481 | + | |
|---|
| 482 | + | ### SEC. 7. |
|---|
| 483 | + | |
|---|
| 484 | + | 11128. (a) The Legislature hereby establishes the Increasing Access to Employment Fund within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated without regard for fiscal year for carrying out the purposes of this act.(b) Moneys in the Increasing Access to Employment Fund shall be continuously appropriated to the California Workforce Investment Board, to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions and shall not be subject to appropriation or transfer by the Legislature for any other purpose. These funds shall not be used to supplant existing state or local funds used for these purposes.(c) The Workforce Investment Board shall be responsible for administering the grant program and shall not spend more than 5 percent of the total funds it receives from the Increasing Access to Employment Fund on an annual basis for administrative costs. The grant program shall be awarded competitively on an annual basis. Any portion of a grant that a grantee does not use within the specified grant period shall revert to the Increasing Access to Employment Fund.(d) The Workforce Investment Board shall develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. In developing the grant program, the Workforce Investment Board shall consult with stakeholders, including nonprofit community-based organizations that serve formerly incarcerated people and people with criminal convictions.(e) The Workforce Investment Board, when considering grant applications, shall give preference to programs that provide:(1) Postsecondary education, support services vocational training, and apprenticeships to individuals with criminal convictions.(2) Assistance with applications for professional and occupational licenses and certifications, pardons, certificates of rehabilitation, and petitions for dismissals for individuals with criminal convictions.(3) Technical assistance and training on fair chance hiring and evidence-based, best practices relating to workforce needs and hiring of people with criminal convictions, to employers, small business owners, and business chambers. |
|---|
| 485 | + | |
|---|
| 486 | + | 11128. (a) The Legislature hereby establishes the Increasing Access to Employment Fund within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated without regard for fiscal year for carrying out the purposes of this act.(b) Moneys in the Increasing Access to Employment Fund shall be continuously appropriated to the California Workforce Investment Board, to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions and shall not be subject to appropriation or transfer by the Legislature for any other purpose. These funds shall not be used to supplant existing state or local funds used for these purposes.(c) The Workforce Investment Board shall be responsible for administering the grant program and shall not spend more than 5 percent of the total funds it receives from the Increasing Access to Employment Fund on an annual basis for administrative costs. The grant program shall be awarded competitively on an annual basis. Any portion of a grant that a grantee does not use within the specified grant period shall revert to the Increasing Access to Employment Fund.(d) The Workforce Investment Board shall develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. In developing the grant program, the Workforce Investment Board shall consult with stakeholders, including nonprofit community-based organizations that serve formerly incarcerated people and people with criminal convictions.(e) The Workforce Investment Board, when considering grant applications, shall give preference to programs that provide:(1) Postsecondary education, support services vocational training, and apprenticeships to individuals with criminal convictions.(2) Assistance with applications for professional and occupational licenses and certifications, pardons, certificates of rehabilitation, and petitions for dismissals for individuals with criminal convictions.(3) Technical assistance and training on fair chance hiring and evidence-based, best practices relating to workforce needs and hiring of people with criminal convictions, to employers, small business owners, and business chambers. |
|---|
| 487 | + | |
|---|
| 488 | + | 11128. (a) The Legislature hereby establishes the Increasing Access to Employment Fund within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated without regard for fiscal year for carrying out the purposes of this act.(b) Moneys in the Increasing Access to Employment Fund shall be continuously appropriated to the California Workforce Investment Board, to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions and shall not be subject to appropriation or transfer by the Legislature for any other purpose. These funds shall not be used to supplant existing state or local funds used for these purposes.(c) The Workforce Investment Board shall be responsible for administering the grant program and shall not spend more than 5 percent of the total funds it receives from the Increasing Access to Employment Fund on an annual basis for administrative costs. The grant program shall be awarded competitively on an annual basis. Any portion of a grant that a grantee does not use within the specified grant period shall revert to the Increasing Access to Employment Fund.(d) The Workforce Investment Board shall develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. In developing the grant program, the Workforce Investment Board shall consult with stakeholders, including nonprofit community-based organizations that serve formerly incarcerated people and people with criminal convictions.(e) The Workforce Investment Board, when considering grant applications, shall give preference to programs that provide:(1) Postsecondary education, support services vocational training, and apprenticeships to individuals with criminal convictions.(2) Assistance with applications for professional and occupational licenses and certifications, pardons, certificates of rehabilitation, and petitions for dismissals for individuals with criminal convictions.(3) Technical assistance and training on fair chance hiring and evidence-based, best practices relating to workforce needs and hiring of people with criminal convictions, to employers, small business owners, and business chambers. |
|---|
| 489 | + | |
|---|
| 490 | + | |
|---|
| 491 | + | |
|---|
| 492 | + | 11128. (a) The Legislature hereby establishes the Increasing Access to Employment Fund within the State Treasury. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated without regard for fiscal year for carrying out the purposes of this act. |
|---|
| 493 | + | |
|---|
| 494 | + | (b) Moneys in the Increasing Access to Employment Fund shall be continuously appropriated to the California Workforce Investment Board, to administer a grant program aimed at improving rehabilitation, reentry, and employment and licensing outcomes for people with criminal convictions and shall not be subject to appropriation or transfer by the Legislature for any other purpose. These funds shall not be used to supplant existing state or local funds used for these purposes. |
|---|
| 495 | + | |
|---|
| 496 | + | (c) The Workforce Investment Board shall be responsible for administering the grant program and shall not spend more than 5 percent of the total funds it receives from the Increasing Access to Employment Fund on an annual basis for administrative costs. The grant program shall be awarded competitively on an annual basis. Any portion of a grant that a grantee does not use within the specified grant period shall revert to the Increasing Access to Employment Fund. |
|---|
| 497 | + | |
|---|
| 498 | + | (d) The Workforce Investment Board shall develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. In developing the grant program, the Workforce Investment Board shall consult with stakeholders, including nonprofit community-based organizations that serve formerly incarcerated people and people with criminal convictions. |
|---|
| 499 | + | |
|---|
| 500 | + | (e) The Workforce Investment Board, when considering grant applications, shall give preference to programs that provide: |
|---|
| 501 | + | |
|---|
| 502 | + | (1) Postsecondary education, support services vocational training, and apprenticeships to individuals with criminal convictions. |
|---|
| 503 | + | |
|---|
| 504 | + | (2) Assistance with applications for professional and occupational licenses and certifications, pardons, certificates of rehabilitation, and petitions for dismissals for individuals with criminal convictions. |
|---|
| 505 | + | |
|---|
| 506 | + | (3) Technical assistance and training on fair chance hiring and evidence-based, best practices relating to workforce needs and hiring of people with criminal convictions, to employers, small business owners, and business chambers. |
|---|
| 507 | + | |
|---|
| 508 | + | SEC. 8. Section 13300 of the Penal Code is amended to read:13300. (a) As used in this section:(1) Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as including name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.(2) Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or to, investigations conducted by, or records of intelligence information or security procedures of, the local agency.(3) Local agency means a local criminal justice agency.(b) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may conduct summary criminal history information record checks as authorized by law.(c) A local agency shall furnish local summary criminal history information to either of the following:(1) The subject of the local summary criminal history information.(2) An individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. (b)(d) A local agency shall may furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: duties:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys of any city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(12)The subject of the local summary criminal history information.(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (14)(10) Any managing or supervising correctional officer of a county jail or other county correctional facility.(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(c)(e) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1)Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. (2)(1) To a peace officer of the state other than those included in subdivision (b). (d).(3)(2) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(4)(3) To a peace officer of another country.(5)(4) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, possession, or territory of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States when this information is needed for the performance of their official duties.(6)(5) To any person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7)(6) The courts of the United States, other states, or territories or possessions of the United States.(8)(7) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.Any information(f) Information obtained from the local summary criminal history is confidential and the receiving public utility person, agency, or entity shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the person who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.(n)Notwithstanding subdivision (l) or (m), a(g) A local criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. a conviction dismissed pursuant to Section 1203.4, an arrest subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.(2) With the exception of those offenses for which registration is required pursuant to Section 290, information concerning misdemeanor convictions that occurred before two years of the date of the request for information and felony convictions that occurred before five years of the date of the request for information.(3) Information requested by an agency, officer, or official of state or local government, a public utility, or any entity, to assist in fulfilling employment, certification, or licensing duties. Agencies, officers, officials of state or local government, a public utility, or any entity, seeking information to assist an in fulfilling employment, certification, or licensing duties may obtain an applicants state summary criminal history information from the Department of Justice pursuant to Section 11105. This section does not impose any duty upon agencies, officers, officials of state or local government, a public utility, or any entity to request local summary criminal history information on any current or prospective applicant.(h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment. |
|---|
| 509 | + | |
|---|
| 510 | + | SEC. 8. Section 13300 of the Penal Code is amended to read: |
|---|
| 511 | + | |
|---|
| 512 | + | ### SEC. 8. |
|---|
| 513 | + | |
|---|
| 514 | + | 13300. (a) As used in this section:(1) Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as including name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.(2) Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or to, investigations conducted by, or records of intelligence information or security procedures of, the local agency.(3) Local agency means a local criminal justice agency.(b) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may conduct summary criminal history information record checks as authorized by law.(c) A local agency shall furnish local summary criminal history information to either of the following:(1) The subject of the local summary criminal history information.(2) An individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. (b)(d) A local agency shall may furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: duties:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys of any city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(12)The subject of the local summary criminal history information.(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (14)(10) Any managing or supervising correctional officer of a county jail or other county correctional facility.(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(c)(e) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1)Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. (2)(1) To a peace officer of the state other than those included in subdivision (b). (d).(3)(2) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(4)(3) To a peace officer of another country.(5)(4) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, possession, or territory of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States when this information is needed for the performance of their official duties.(6)(5) To any person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7)(6) The courts of the United States, other states, or territories or possessions of the United States.(8)(7) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.Any information(f) Information obtained from the local summary criminal history is confidential and the receiving public utility person, agency, or entity shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the person who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.(n)Notwithstanding subdivision (l) or (m), a(g) A local criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. a conviction dismissed pursuant to Section 1203.4, an arrest subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.(2) With the exception of those offenses for which registration is required pursuant to Section 290, information concerning misdemeanor convictions that occurred before two years of the date of the request for information and felony convictions that occurred before five years of the date of the request for information.(3) Information requested by an agency, officer, or official of state or local government, a public utility, or any entity, to assist in fulfilling employment, certification, or licensing duties. Agencies, officers, officials of state or local government, a public utility, or any entity, seeking information to assist an in fulfilling employment, certification, or licensing duties may obtain an applicants state summary criminal history information from the Department of Justice pursuant to Section 11105. This section does not impose any duty upon agencies, officers, officials of state or local government, a public utility, or any entity to request local summary criminal history information on any current or prospective applicant.(h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment. |
|---|
| 515 | + | |
|---|
| 516 | + | 13300. (a) As used in this section:(1) Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as including name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.(2) Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or to, investigations conducted by, or records of intelligence information or security procedures of, the local agency.(3) Local agency means a local criminal justice agency.(b) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may conduct summary criminal history information record checks as authorized by law.(c) A local agency shall furnish local summary criminal history information to either of the following:(1) The subject of the local summary criminal history information.(2) An individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. (b)(d) A local agency shall may furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: duties:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys of any city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(12)The subject of the local summary criminal history information.(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (14)(10) Any managing or supervising correctional officer of a county jail or other county correctional facility.(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(c)(e) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1)Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. (2)(1) To a peace officer of the state other than those included in subdivision (b). (d).(3)(2) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(4)(3) To a peace officer of another country.(5)(4) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, possession, or territory of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States when this information is needed for the performance of their official duties.(6)(5) To any person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7)(6) The courts of the United States, other states, or territories or possessions of the United States.(8)(7) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.Any information(f) Information obtained from the local summary criminal history is confidential and the receiving public utility person, agency, or entity shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the person who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.(n)Notwithstanding subdivision (l) or (m), a(g) A local criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. a conviction dismissed pursuant to Section 1203.4, an arrest subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.(2) With the exception of those offenses for which registration is required pursuant to Section 290, information concerning misdemeanor convictions that occurred before two years of the date of the request for information and felony convictions that occurred before five years of the date of the request for information.(3) Information requested by an agency, officer, or official of state or local government, a public utility, or any entity, to assist in fulfilling employment, certification, or licensing duties. Agencies, officers, officials of state or local government, a public utility, or any entity, seeking information to assist an in fulfilling employment, certification, or licensing duties may obtain an applicants state summary criminal history information from the Department of Justice pursuant to Section 11105. This section does not impose any duty upon agencies, officers, officials of state or local government, a public utility, or any entity to request local summary criminal history information on any current or prospective applicant.(h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment. |
|---|
| 517 | + | |
|---|
| 518 | + | 13300. (a) As used in this section:(1) Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as including name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.(2) Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or to, investigations conducted by, or records of intelligence information or security procedures of, the local agency.(3) Local agency means a local criminal justice agency.(b) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may conduct summary criminal history information record checks as authorized by law.(c) A local agency shall furnish local summary criminal history information to either of the following:(1) The subject of the local summary criminal history information.(2) An individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. (b)(d) A local agency shall may furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: duties:(1) The courts of the state.(2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.(3) District attorneys of the state.(4) Prosecuting city attorneys of any city within the state.(5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.(6) Probation officers of the state.(7) Parole officers of the state.(8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.(10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.(12)The subject of the local summary criminal history information.(13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. (14)(10) Any managing or supervising correctional officer of a county jail or other county correctional facility.(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(c)(e) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following:(1)Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. (2)(1) To a peace officer of the state other than those included in subdivision (b). (d).(3)(2) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.(4)(3) To a peace officer of another country.(5)(4) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, possession, or territory of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States when this information is needed for the performance of their official duties.(6)(5) To any person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.(7)(6) The courts of the United States, other states, or territories or possessions of the United States.(8)(7) Peace officers of the United States, other states, or territories or possessions of the United States.(9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.(10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.Any information(f) Information obtained from the local summary criminal history is confidential and the receiving public utility person, agency, or entity shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the person who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee.Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision.(11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.(l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.(m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.(n)Notwithstanding subdivision (l) or (m), a(g) A local criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. a conviction dismissed pursuant to Section 1203.4, an arrest subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.(2) With the exception of those offenses for which registration is required pursuant to Section 290, information concerning misdemeanor convictions that occurred before two years of the date of the request for information and felony convictions that occurred before five years of the date of the request for information.(3) Information requested by an agency, officer, or official of state or local government, a public utility, or any entity, to assist in fulfilling employment, certification, or licensing duties. Agencies, officers, officials of state or local government, a public utility, or any entity, seeking information to assist an in fulfilling employment, certification, or licensing duties may obtain an applicants state summary criminal history information from the Department of Justice pursuant to Section 11105. This section does not impose any duty upon agencies, officers, officials of state or local government, a public utility, or any entity to request local summary criminal history information on any current or prospective applicant.(h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.(i) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment. |
|---|
| 519 | + | |
|---|
| 520 | + | |
|---|
| 521 | + | |
|---|
| 522 | + | 13300. (a) As used in this section: |
|---|
| 523 | + | |
|---|
| 524 | + | (1) Local summary criminal history information means the master record of information compiled by any local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as including name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. |
|---|
| 525 | + | |
|---|
| 526 | + | (2) Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or to, investigations conducted by, or records of intelligence information or security procedures of, the local agency. |
|---|
| 527 | + | |
|---|
| 528 | + | (3) Local agency means a local criminal justice agency. |
|---|
| 529 | + | |
|---|
| 530 | + | (b) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may conduct summary criminal history information record checks as authorized by law. |
|---|
| 531 | + | |
|---|
| 532 | + | (c) A local agency shall furnish local summary criminal history information to either of the following: |
|---|
| 533 | + | |
|---|
| 534 | + | (1) The subject of the local summary criminal history information. |
|---|
| 535 | + | |
|---|
| 536 | + | (2) An individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. |
|---|
| 537 | + | |
|---|
| 538 | + | (b) |
|---|
| 539 | + | |
|---|
| 540 | + | |
|---|
| 541 | + | |
|---|
| 542 | + | (d) A local agency shall may furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: duties: |
|---|
| 543 | + | |
|---|
| 544 | + | (1) The courts of the state. |
|---|
| 545 | + | |
|---|
| 546 | + | (2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5. |
|---|
| 547 | + | |
|---|
| 548 | + | (3) District attorneys of the state. |
|---|
| 549 | + | |
|---|
| 550 | + | (4) Prosecuting city attorneys of any city within the state. |
|---|
| 551 | + | |
|---|
| 552 | + | (5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code. |
|---|
| 553 | + | |
|---|
| 554 | + | (6) Probation officers of the state. |
|---|
| 555 | + | |
|---|
| 556 | + | (7) Parole officers of the state. |
|---|
| 557 | + | |
|---|
| 558 | + | (8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. |
|---|
| 559 | + | |
|---|
| 560 | + | (9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. |
|---|
| 561 | + | |
|---|
| 562 | + | (10)Any agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. |
|---|
| 563 | + | |
|---|
| 564 | + | |
|---|
| 565 | + | |
|---|
| 566 | + | (11)Any city, county, city and county, or district, or any officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. |
|---|
| 567 | + | |
|---|
| 568 | + | |
|---|
| 569 | + | |
|---|
| 570 | + | (12)The subject of the local summary criminal history information. |
|---|
| 571 | + | |
|---|
| 572 | + | |
|---|
| 573 | + | |
|---|
| 574 | + | (13)Any person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct. |
|---|
| 575 | + | |
|---|
| 576 | + | |
|---|
| 577 | + | |
|---|
| 578 | + | (14) |
|---|
| 579 | + | |
|---|
| 580 | + | |
|---|
| 581 | + | |
|---|
| 582 | + | (10) Any managing or supervising correctional officer of a county jail or other county correctional facility. |
|---|
| 583 | + | |
|---|
| 584 | + | (15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code. |
|---|
| 585 | + | |
|---|
| 586 | + | |
|---|
| 587 | + | |
|---|
| 588 | + | (16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. |
|---|
| 589 | + | |
|---|
| 590 | + | |
|---|
| 591 | + | |
|---|
| 592 | + | (17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph. |
|---|
| 593 | + | |
|---|
| 594 | + | |
|---|
| 595 | + | |
|---|
| 596 | + | (c) |
|---|
| 597 | + | |
|---|
| 598 | + | |
|---|
| 599 | + | |
|---|
| 600 | + | (e) The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: following: |
|---|
| 601 | + | |
|---|
| 602 | + | (1)Any public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates. |
|---|
| 603 | + | |
|---|
| 604 | + | |
|---|
| 605 | + | |
|---|
| 606 | + | (2) |
|---|
| 607 | + | |
|---|
| 608 | + | |
|---|
| 609 | + | |
|---|
| 610 | + | (1) To a peace officer of the state other than those included in subdivision (b). (d). |
|---|
| 611 | + | |
|---|
| 612 | + | (3) |
|---|
| 613 | + | |
|---|
| 614 | + | |
|---|
| 615 | + | |
|---|
| 616 | + | (2) An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph. |
|---|
| 617 | + | |
|---|
| 618 | + | (4) |
|---|
| 619 | + | |
|---|
| 620 | + | |
|---|
| 621 | + | |
|---|
| 622 | + | (3) To a peace officer of another country. |
|---|
| 623 | + | |
|---|
| 624 | + | (5) |
|---|
| 625 | + | |
|---|
| 626 | + | |
|---|
| 627 | + | |
|---|
| 628 | + | (4) To a public officers, officer, other than a peace officers, officer, of the United States, other states, or possessions or territories another state, possession, or territory of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories the other state, possession, or territory of the United States when this information is needed for the performance of their official duties. |
|---|
| 629 | + | |
|---|
| 630 | + | (6) |
|---|
| 631 | + | |
|---|
| 632 | + | |
|---|
| 633 | + | |
|---|
| 634 | + | (5) To any person when if disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject. |
|---|
| 635 | + | |
|---|
| 636 | + | (7) |
|---|
| 637 | + | |
|---|
| 638 | + | |
|---|
| 639 | + | |
|---|
| 640 | + | (6) The courts of the United States, other states, or territories or possessions of the United States. |
|---|
| 641 | + | |
|---|
| 642 | + | (8) |
|---|
| 643 | + | |
|---|
| 644 | + | |
|---|
| 645 | + | |
|---|
| 646 | + | (7) Peace officers of the United States, other states, or territories or possessions of the United States. |
|---|
| 647 | + | |
|---|
| 648 | + | (9)To any individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation. |
|---|
| 649 | + | |
|---|
| 650 | + | |
|---|
| 651 | + | |
|---|
| 652 | + | (10)Any public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial. |
|---|
| 653 | + | |
|---|
| 654 | + | |
|---|
| 655 | + | |
|---|
| 656 | + | If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates. |
|---|
| 657 | + | |
|---|
| 658 | + | |
|---|
| 659 | + | |
|---|
| 660 | + | Any information |
|---|
| 661 | + | |
|---|
| 662 | + | |
|---|
| 663 | + | |
|---|
| 664 | + | (f) Information obtained from the local summary criminal history is confidential and the receiving public utility person, agency, or entity shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods. A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the person who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation. |
|---|
| 665 | + | |
|---|
| 666 | + | A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation. |
|---|
| 667 | + | |
|---|
| 668 | + | |
|---|
| 669 | + | |
|---|
| 670 | + | Nothing in this section shall be construed as imposing any duty upon public utilities to request local summary criminal history information on any current or prospective employee. |
|---|
| 671 | + | |
|---|
| 672 | + | |
|---|
| 673 | + | |
|---|
| 674 | + | Seeking entrance to private residences in the course of employment shall be deemed a compelling need as required to be shown in this subdivision. |
|---|
| 675 | + | |
|---|
| 676 | + | |
|---|
| 677 | + | |
|---|
| 678 | + | (11)Any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest. |
|---|
| 679 | + | |
|---|
| 680 | + | |
|---|
| 681 | + | |
|---|
| 682 | + | Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph. |
|---|
| 683 | + | |
|---|
| 684 | + | |
|---|
| 685 | + | |
|---|
| 686 | + | Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates. |
|---|
| 687 | + | |
|---|
| 688 | + | |
|---|
| 689 | + | |
|---|
| 690 | + | (12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers. |
|---|
| 691 | + | |
|---|
| 692 | + | |
|---|
| 693 | + | |
|---|
| 694 | + | (d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request. |
|---|
| 695 | + | |
|---|
| 696 | + | |
|---|
| 697 | + | |
|---|
| 698 | + | (e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents. |
|---|
| 699 | + | |
|---|
| 700 | + | |
|---|
| 701 | + | |
|---|
| 702 | + | (f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense. |
|---|
| 703 | + | |
|---|
| 704 | + | |
|---|
| 705 | + | |
|---|
| 706 | + | (g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints. |
|---|
| 707 | + | |
|---|
| 708 | + | |
|---|
| 709 | + | |
|---|
| 710 | + | (h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed. |
|---|
| 711 | + | |
|---|
| 712 | + | |
|---|
| 713 | + | |
|---|
| 714 | + | (i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law. |
|---|
| 715 | + | |
|---|
| 716 | + | |
|---|
| 717 | + | |
|---|
| 718 | + | (j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment. |
|---|
| 719 | + | |
|---|
| 720 | + | |
|---|
| 721 | + | |
|---|
| 722 | + | (k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law. |
|---|
| 723 | + | |
|---|
| 724 | + | |
|---|
| 725 | + | |
|---|
| 726 | + | (l)Any local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant. |
|---|
| 727 | + | |
|---|
| 728 | + | |
|---|
| 729 | + | |
|---|
| 730 | + | (m)Any local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant. |
|---|
| 731 | + | |
|---|
| 732 | + | |
|---|
| 733 | + | |
|---|
| 734 | + | (n)Notwithstanding subdivision (l) or (m), a |
|---|
| 735 | + | |
|---|
| 736 | + | |
|---|
| 737 | + | |
|---|
| 738 | + | (g) A local criminal justice agency shall not release information under the following circumstances: |
|---|
| 739 | + | |
|---|
| 740 | + | (1) Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed. a conviction dismissed pursuant to Section 1203.4, an arrest subsequently deemed a detention, or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91. |
|---|
| 741 | + | |
|---|
| 742 | + | (2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated. |
|---|
| 743 | + | |
|---|
| 744 | + | |
|---|
| 745 | + | |
|---|
| 746 | + | (3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated. |
|---|
| 747 | + | |
|---|
| 748 | + | |
|---|
| 749 | + | |
|---|
| 750 | + | (2) With the exception of those offenses for which registration is required pursuant to Section 290, information concerning misdemeanor convictions that occurred before two years of the date of the request for information and felony convictions that occurred before five years of the date of the request for information. |
|---|
| 751 | + | |
|---|
| 752 | + | (3) Information requested by an agency, officer, or official of state or local government, a public utility, or any entity, to assist in fulfilling employment, certification, or licensing duties. Agencies, officers, officials of state or local government, a public utility, or any entity, seeking information to assist an in fulfilling employment, certification, or licensing duties may obtain an applicants state summary criminal history information from the Department of Justice pursuant to Section 11105. This section does not impose any duty upon agencies, officers, officials of state or local government, a public utility, or any entity to request local summary criminal history information on any current or prospective applicant. |
|---|
| 753 | + | |
|---|
| 754 | + | (h) It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed. |
|---|
| 755 | + | |
|---|
| 756 | + | (i) Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment. |
|---|
| 757 | + | |
|---|
| 758 | + | SEC. 9. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 759 | + | |
|---|
| 760 | + | SEC. 9. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 761 | + | |
|---|
| 762 | + | SEC. 9. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 763 | + | |
|---|
| 764 | + | ### SEC. 9. |
|---|