CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3235Introduced by Assembly Member BryanFebruary 16, 2024 An act to amend Sections 11102.1 and 11102.2 of the Penal Code, relating to criminal justice programs. LEGISLATIVE COUNSEL'S DIGESTAB 3235, as introduced, Bryan. Fingerprint rollers and custodians of records.Existing law requires the Department of Justice to maintain a certification or confirmation program for persons who roll fingerprint impressions for non-law-enforcement purposes and persons who are designated by agencies as custodians of records. Existing law requires them, except as exempt, to be certified or confirmed by the department, as specified. Existing law requires the department to refuse to certify or confirm a fingerprint roller or custodian of records, or revoke their certification or confirmation, upon their conviction for a felony offense or an offense that involves moral turpitude, dishonesty, or fraud, and bears on the persons ability to perform their duties or responsibilities, as specified.This bill would instead give the department discretion and allow them to refuse to certify or confirm a fingerprint roller or custodian of records, or to revoke their certification or confirmation, based on this conviction. The bill would require the department to develop criteria for determining whether an offense bears on a persons ability to perform their duties or responsibilities with honesty and integrity, including, among other factors, the nature and gravity of the offense and whether the applicant has offered credible evidence of rehabilitation, as specified. The bill would prohibit the department from denying certification or confirmation based in whole or in part on a conviction without considering evidence of rehabilitation, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11102.1 of the Penal Code is amended to read:11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), no person shall roll fingerprints for non-law-enforcement purposes unless certified.(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:(A) Law enforcement personnel and state employees.(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, must shall submit to the Department of Justice fingerprint images and related information, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance. information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual certified as a fingerprint roller shall meet the following criteria:(1) Be a legal resident of this state at the time of certification.(2) Be at least 18 years of age.(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f) (1) The department shall may refuse to certify any individual as a fingerprint roller, and shall may revoke or suspend the certification of any fingerprint roller, upon either any of the following:(A) Conviction of a felony offense.(B) Conviction of any other offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(2)A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g)In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller upon any of the following:(1)(C) Substantial and material misstatement or omission in the application submitted to the department.(2)(D) Arrest pending adjudication for a felony.(3)(E) Arrest pending adjudication for a lesser offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(4)(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller. that bears on the persons ability to perform the duties and responsibilities of a fingerprint roller with honesty and integrity.(5)(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.(6)(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.(7)(I) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has they have duties, rights, or privileges that he or she does they do not possess by law.(8)(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.(9)(K) Failure to submit any remittance payable upon demand by the department or failure to satisfy any court ordered money judgment, including restitution.(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g) (1) The department shall implement regulations to aid in determining whether an offense bears on an applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity.(2) The criteria for determining whether an offense bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall not deny certification of an individual as a fingerprint roller based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any established process.(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.(i) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.(j) The department shall charge a fee sufficient to cover its costs under this section.SEC. 2. Section 11102.2 of the Penal Code is amended to read:11102.2. (a) (1) As used in this section, custodian of records means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.(2) As used in this section, agency means any public or private entity that receives criminal history information from the Department of Justice.(3) As used in this section, department means the Department of Justice.(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.(c) Every agency must designate at least one custodian of records.(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual or individuals designated by the agency to serve as the custodian or custodians of records, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal record background check, and it shall submit one copy of the fingerprint impressions of each individual to the Federal Bureau of Investigation to process a federal level criminal record background check. of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (2)(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f)The department shall not confirm any individual who has been convicted of a felony offense or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. The confirmation shall be revoked if, at any time, the individual is convicted of either a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. (g)In addition to subdivision (f), the(f) The department may refuse to confirm any an individual as a custodian of records or revoke or suspend the confirmation of any a custodian of records if the individual has done any of the following:(1) Been convicted of a felony offense.(2) Been convicted of an offense that involves moral turpitude, dishonesty, or fraud, and impacts the applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity. (1)(3) Made a substantial and material misstatement or omission in the application submitted to the department.(2)(4) Been convicted of an offense of a nature incompatible with the duties of a custodian of records. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.(3)(5) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.(4)(6) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.(5)(7) Committed any act involving dishonesty, fraud, or deceit.(6)(8) Failed to submit any remittance payable upon demand by the department under this section or failed to satisfy any court ordered money judgment, including restitution.(h)(g) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.(h) (1) The department shall implement regulations to aid in determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.(2) The criteria for determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall consider evidence of rehabilitation submitted by an applicant pursuant to any established process before refusing to confirm an individual as a custodian of records.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3235Introduced by Assembly Member BryanFebruary 16, 2024 An act to amend Sections 11102.1 and 11102.2 of the Penal Code, relating to criminal justice programs. LEGISLATIVE COUNSEL'S DIGESTAB 3235, as introduced, Bryan. Fingerprint rollers and custodians of records.Existing law requires the Department of Justice to maintain a certification or confirmation program for persons who roll fingerprint impressions for non-law-enforcement purposes and persons who are designated by agencies as custodians of records. Existing law requires them, except as exempt, to be certified or confirmed by the department, as specified. Existing law requires the department to refuse to certify or confirm a fingerprint roller or custodian of records, or revoke their certification or confirmation, upon their conviction for a felony offense or an offense that involves moral turpitude, dishonesty, or fraud, and bears on the persons ability to perform their duties or responsibilities, as specified.This bill would instead give the department discretion and allow them to refuse to certify or confirm a fingerprint roller or custodian of records, or to revoke their certification or confirmation, based on this conviction. The bill would require the department to develop criteria for determining whether an offense bears on a persons ability to perform their duties or responsibilities with honesty and integrity, including, among other factors, the nature and gravity of the offense and whether the applicant has offered credible evidence of rehabilitation, as specified. The bill would prohibit the department from denying certification or confirmation based in whole or in part on a conviction without considering evidence of rehabilitation, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 3235
Introduced by Assembly Member BryanFebruary 16, 2024
Introduced by Assembly Member Bryan
February 16, 2024
An act to amend Sections 11102.1 and 11102.2 of the Penal Code, relating to criminal justice programs.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3235, as introduced, Bryan. Fingerprint rollers and custodians of records.
Existing law requires the Department of Justice to maintain a certification or confirmation program for persons who roll fingerprint impressions for non-law-enforcement purposes and persons who are designated by agencies as custodians of records. Existing law requires them, except as exempt, to be certified or confirmed by the department, as specified. Existing law requires the department to refuse to certify or confirm a fingerprint roller or custodian of records, or revoke their certification or confirmation, upon their conviction for a felony offense or an offense that involves moral turpitude, dishonesty, or fraud, and bears on the persons ability to perform their duties or responsibilities, as specified.This bill would instead give the department discretion and allow them to refuse to certify or confirm a fingerprint roller or custodian of records, or to revoke their certification or confirmation, based on this conviction. The bill would require the department to develop criteria for determining whether an offense bears on a persons ability to perform their duties or responsibilities with honesty and integrity, including, among other factors, the nature and gravity of the offense and whether the applicant has offered credible evidence of rehabilitation, as specified. The bill would prohibit the department from denying certification or confirmation based in whole or in part on a conviction without considering evidence of rehabilitation, as specified.
Existing law requires the Department of Justice to maintain a certification or confirmation program for persons who roll fingerprint impressions for non-law-enforcement purposes and persons who are designated by agencies as custodians of records. Existing law requires them, except as exempt, to be certified or confirmed by the department, as specified. Existing law requires the department to refuse to certify or confirm a fingerprint roller or custodian of records, or revoke their certification or confirmation, upon their conviction for a felony offense or an offense that involves moral turpitude, dishonesty, or fraud, and bears on the persons ability to perform their duties or responsibilities, as specified.
This bill would instead give the department discretion and allow them to refuse to certify or confirm a fingerprint roller or custodian of records, or to revoke their certification or confirmation, based on this conviction. The bill would require the department to develop criteria for determining whether an offense bears on a persons ability to perform their duties or responsibilities with honesty and integrity, including, among other factors, the nature and gravity of the offense and whether the applicant has offered credible evidence of rehabilitation, as specified. The bill would prohibit the department from denying certification or confirmation based in whole or in part on a conviction without considering evidence of rehabilitation, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11102.1 of the Penal Code is amended to read:11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), no person shall roll fingerprints for non-law-enforcement purposes unless certified.(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:(A) Law enforcement personnel and state employees.(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, must shall submit to the Department of Justice fingerprint images and related information, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance. information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual certified as a fingerprint roller shall meet the following criteria:(1) Be a legal resident of this state at the time of certification.(2) Be at least 18 years of age.(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f) (1) The department shall may refuse to certify any individual as a fingerprint roller, and shall may revoke or suspend the certification of any fingerprint roller, upon either any of the following:(A) Conviction of a felony offense.(B) Conviction of any other offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(2)A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g)In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller upon any of the following:(1)(C) Substantial and material misstatement or omission in the application submitted to the department.(2)(D) Arrest pending adjudication for a felony.(3)(E) Arrest pending adjudication for a lesser offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(4)(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller. that bears on the persons ability to perform the duties and responsibilities of a fingerprint roller with honesty and integrity.(5)(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.(6)(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.(7)(I) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has they have duties, rights, or privileges that he or she does they do not possess by law.(8)(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.(9)(K) Failure to submit any remittance payable upon demand by the department or failure to satisfy any court ordered money judgment, including restitution.(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g) (1) The department shall implement regulations to aid in determining whether an offense bears on an applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity.(2) The criteria for determining whether an offense bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall not deny certification of an individual as a fingerprint roller based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any established process.(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.(i) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.(j) The department shall charge a fee sufficient to cover its costs under this section.SEC. 2. Section 11102.2 of the Penal Code is amended to read:11102.2. (a) (1) As used in this section, custodian of records means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.(2) As used in this section, agency means any public or private entity that receives criminal history information from the Department of Justice.(3) As used in this section, department means the Department of Justice.(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.(c) Every agency must designate at least one custodian of records.(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual or individuals designated by the agency to serve as the custodian or custodians of records, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal record background check, and it shall submit one copy of the fingerprint impressions of each individual to the Federal Bureau of Investigation to process a federal level criminal record background check. of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (2)(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f)The department shall not confirm any individual who has been convicted of a felony offense or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. The confirmation shall be revoked if, at any time, the individual is convicted of either a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. (g)In addition to subdivision (f), the(f) The department may refuse to confirm any an individual as a custodian of records or revoke or suspend the confirmation of any a custodian of records if the individual has done any of the following:(1) Been convicted of a felony offense.(2) Been convicted of an offense that involves moral turpitude, dishonesty, or fraud, and impacts the applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity. (1)(3) Made a substantial and material misstatement or omission in the application submitted to the department.(2)(4) Been convicted of an offense of a nature incompatible with the duties of a custodian of records. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.(3)(5) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.(4)(6) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.(5)(7) Committed any act involving dishonesty, fraud, or deceit.(6)(8) Failed to submit any remittance payable upon demand by the department under this section or failed to satisfy any court ordered money judgment, including restitution.(h)(g) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.(h) (1) The department shall implement regulations to aid in determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.(2) The criteria for determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall consider evidence of rehabilitation submitted by an applicant pursuant to any established process before refusing to confirm an individual as a custodian of records.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 11102.1 of the Penal Code is amended to read:11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), no person shall roll fingerprints for non-law-enforcement purposes unless certified.(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:(A) Law enforcement personnel and state employees.(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, must shall submit to the Department of Justice fingerprint images and related information, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance. information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual certified as a fingerprint roller shall meet the following criteria:(1) Be a legal resident of this state at the time of certification.(2) Be at least 18 years of age.(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f) (1) The department shall may refuse to certify any individual as a fingerprint roller, and shall may revoke or suspend the certification of any fingerprint roller, upon either any of the following:(A) Conviction of a felony offense.(B) Conviction of any other offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(2)A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g)In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller upon any of the following:(1)(C) Substantial and material misstatement or omission in the application submitted to the department.(2)(D) Arrest pending adjudication for a felony.(3)(E) Arrest pending adjudication for a lesser offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(4)(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller. that bears on the persons ability to perform the duties and responsibilities of a fingerprint roller with honesty and integrity.(5)(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.(6)(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.(7)(I) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has they have duties, rights, or privileges that he or she does they do not possess by law.(8)(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.(9)(K) Failure to submit any remittance payable upon demand by the department or failure to satisfy any court ordered money judgment, including restitution.(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g) (1) The department shall implement regulations to aid in determining whether an offense bears on an applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity.(2) The criteria for determining whether an offense bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall not deny certification of an individual as a fingerprint roller based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any established process.(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.(i) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.(j) The department shall charge a fee sufficient to cover its costs under this section.
SECTION 1. Section 11102.1 of the Penal Code is amended to read:
### SECTION 1.
11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), no person shall roll fingerprints for non-law-enforcement purposes unless certified.(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:(A) Law enforcement personnel and state employees.(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, must shall submit to the Department of Justice fingerprint images and related information, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance. information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual certified as a fingerprint roller shall meet the following criteria:(1) Be a legal resident of this state at the time of certification.(2) Be at least 18 years of age.(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f) (1) The department shall may refuse to certify any individual as a fingerprint roller, and shall may revoke or suspend the certification of any fingerprint roller, upon either any of the following:(A) Conviction of a felony offense.(B) Conviction of any other offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(2)A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g)In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller upon any of the following:(1)(C) Substantial and material misstatement or omission in the application submitted to the department.(2)(D) Arrest pending adjudication for a felony.(3)(E) Arrest pending adjudication for a lesser offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(4)(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller. that bears on the persons ability to perform the duties and responsibilities of a fingerprint roller with honesty and integrity.(5)(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.(6)(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.(7)(I) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has they have duties, rights, or privileges that he or she does they do not possess by law.(8)(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.(9)(K) Failure to submit any remittance payable upon demand by the department or failure to satisfy any court ordered money judgment, including restitution.(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g) (1) The department shall implement regulations to aid in determining whether an offense bears on an applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity.(2) The criteria for determining whether an offense bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall not deny certification of an individual as a fingerprint roller based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any established process.(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.(i) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.(j) The department shall charge a fee sufficient to cover its costs under this section.
11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), no person shall roll fingerprints for non-law-enforcement purposes unless certified.(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:(A) Law enforcement personnel and state employees.(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, must shall submit to the Department of Justice fingerprint images and related information, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance. information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual certified as a fingerprint roller shall meet the following criteria:(1) Be a legal resident of this state at the time of certification.(2) Be at least 18 years of age.(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f) (1) The department shall may refuse to certify any individual as a fingerprint roller, and shall may revoke or suspend the certification of any fingerprint roller, upon either any of the following:(A) Conviction of a felony offense.(B) Conviction of any other offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(2)A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g)In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller upon any of the following:(1)(C) Substantial and material misstatement or omission in the application submitted to the department.(2)(D) Arrest pending adjudication for a felony.(3)(E) Arrest pending adjudication for a lesser offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(4)(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller. that bears on the persons ability to perform the duties and responsibilities of a fingerprint roller with honesty and integrity.(5)(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.(6)(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.(7)(I) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has they have duties, rights, or privileges that he or she does they do not possess by law.(8)(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.(9)(K) Failure to submit any remittance payable upon demand by the department or failure to satisfy any court ordered money judgment, including restitution.(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g) (1) The department shall implement regulations to aid in determining whether an offense bears on an applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity.(2) The criteria for determining whether an offense bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall not deny certification of an individual as a fingerprint roller based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any established process.(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.(i) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.(j) The department shall charge a fee sufficient to cover its costs under this section.
11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), no person shall roll fingerprints for non-law-enforcement purposes unless certified.(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:(A) Law enforcement personnel and state employees.(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, must shall submit to the Department of Justice fingerprint images and related information, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance. information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual certified as a fingerprint roller shall meet the following criteria:(1) Be a legal resident of this state at the time of certification.(2) Be at least 18 years of age.(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f) (1) The department shall may refuse to certify any individual as a fingerprint roller, and shall may revoke or suspend the certification of any fingerprint roller, upon either any of the following:(A) Conviction of a felony offense.(B) Conviction of any other offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(2)A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g)In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller upon any of the following:(1)(C) Substantial and material misstatement or omission in the application submitted to the department.(2)(D) Arrest pending adjudication for a felony.(3)(E) Arrest pending adjudication for a lesser offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.(4)(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller. that bears on the persons ability to perform the duties and responsibilities of a fingerprint roller with honesty and integrity.(5)(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.(6)(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.(7)(I) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has they have duties, rights, or privileges that he or she does they do not possess by law.(8)(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.(9)(K) Failure to submit any remittance payable upon demand by the department or failure to satisfy any court ordered money judgment, including restitution.(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.(g) (1) The department shall implement regulations to aid in determining whether an offense bears on an applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity.(2) The criteria for determining whether an offense bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall not deny certification of an individual as a fingerprint roller based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any established process.(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.(i) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.(j) The department shall charge a fee sufficient to cover its costs under this section.
11102.1. (a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), no person shall roll fingerprints for non-law-enforcement purposes unless certified.
(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:
(A) Law enforcement personnel and state employees.
(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.
(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.
(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, must shall submit to the Department of Justice fingerprint images and related information, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal background clearance, and it shall submit one copy of the fingerprint impressions to the Federal Bureau of Investigation to process a federal level criminal background clearance. information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.
(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.
(d) Every individual certified as a fingerprint roller shall meet the following criteria:
(1) Be a legal resident of this state at the time of certification.
(2) Be at least 18 years of age.
(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.
(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.
(f) (1) The department shall may refuse to certify any individual as a fingerprint roller, and shall may revoke or suspend the certification of any fingerprint roller, upon either any of the following:
(A) Conviction of a felony offense.
(B) Conviction of any other offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.
(2)A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.
(g)In addition to subdivision (f), the department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller upon any of the following:
(1)
(C) Substantial and material misstatement or omission in the application submitted to the department.
(2)
(D) Arrest pending adjudication for a felony.
(3)
(E) Arrest pending adjudication for a lesser offense that both involves moral turpitude, dishonesty, or fraud, and bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller. roller with honesty and integrity.
(4)
(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause substantially related to the duties or responsibilities of a fingerprint roller. that bears on the persons ability to perform the duties and responsibilities of a fingerprint roller with honesty and integrity.
(5)
(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.
(6)
(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.
(7)
(I) Use of false or misleading advertising in which the fingerprint roller has represented that he or she has they have duties, rights, or privileges that he or she does they do not possess by law.
(8)
(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.
(9)
(K) Failure to submit any remittance payable upon demand by the department or failure to satisfy any court ordered money judgment, including restitution.
(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.
(g) (1) The department shall implement regulations to aid in determining whether an offense bears on an applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity.
(2) The criteria for determining whether an offense bears on the applicants ability to perform the duties or responsibilities of a fingerprint roller with honesty and integrity shall include all of the following:
(A) The nature and gravity of the offense.
(B) The number of years elapsed since the date of the offense.
(C) Whether the applicant has offered credible evidence of rehabilitation.
(3) The department shall not deny certification of an individual as a fingerprint roller based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any established process.
(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.
(i) The Department of Justice may adopt regulations as necessary to implement the provisions of this section.
(j) The department shall charge a fee sufficient to cover its costs under this section.
SEC. 2. Section 11102.2 of the Penal Code is amended to read:11102.2. (a) (1) As used in this section, custodian of records means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.(2) As used in this section, agency means any public or private entity that receives criminal history information from the Department of Justice.(3) As used in this section, department means the Department of Justice.(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.(c) Every agency must designate at least one custodian of records.(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual or individuals designated by the agency to serve as the custodian or custodians of records, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal record background check, and it shall submit one copy of the fingerprint impressions of each individual to the Federal Bureau of Investigation to process a federal level criminal record background check. of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (2)(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f)The department shall not confirm any individual who has been convicted of a felony offense or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. The confirmation shall be revoked if, at any time, the individual is convicted of either a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. (g)In addition to subdivision (f), the(f) The department may refuse to confirm any an individual as a custodian of records or revoke or suspend the confirmation of any a custodian of records if the individual has done any of the following:(1) Been convicted of a felony offense.(2) Been convicted of an offense that involves moral turpitude, dishonesty, or fraud, and impacts the applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity. (1)(3) Made a substantial and material misstatement or omission in the application submitted to the department.(2)(4) Been convicted of an offense of a nature incompatible with the duties of a custodian of records. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.(3)(5) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.(4)(6) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.(5)(7) Committed any act involving dishonesty, fraud, or deceit.(6)(8) Failed to submit any remittance payable upon demand by the department under this section or failed to satisfy any court ordered money judgment, including restitution.(h)(g) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.(h) (1) The department shall implement regulations to aid in determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.(2) The criteria for determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall consider evidence of rehabilitation submitted by an applicant pursuant to any established process before refusing to confirm an individual as a custodian of records.
SEC. 2. Section 11102.2 of the Penal Code is amended to read:
### SEC. 2.
11102.2. (a) (1) As used in this section, custodian of records means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.(2) As used in this section, agency means any public or private entity that receives criminal history information from the Department of Justice.(3) As used in this section, department means the Department of Justice.(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.(c) Every agency must designate at least one custodian of records.(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual or individuals designated by the agency to serve as the custodian or custodians of records, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal record background check, and it shall submit one copy of the fingerprint impressions of each individual to the Federal Bureau of Investigation to process a federal level criminal record background check. of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (2)(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f)The department shall not confirm any individual who has been convicted of a felony offense or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. The confirmation shall be revoked if, at any time, the individual is convicted of either a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. (g)In addition to subdivision (f), the(f) The department may refuse to confirm any an individual as a custodian of records or revoke or suspend the confirmation of any a custodian of records if the individual has done any of the following:(1) Been convicted of a felony offense.(2) Been convicted of an offense that involves moral turpitude, dishonesty, or fraud, and impacts the applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity. (1)(3) Made a substantial and material misstatement or omission in the application submitted to the department.(2)(4) Been convicted of an offense of a nature incompatible with the duties of a custodian of records. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.(3)(5) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.(4)(6) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.(5)(7) Committed any act involving dishonesty, fraud, or deceit.(6)(8) Failed to submit any remittance payable upon demand by the department under this section or failed to satisfy any court ordered money judgment, including restitution.(h)(g) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.(h) (1) The department shall implement regulations to aid in determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.(2) The criteria for determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall consider evidence of rehabilitation submitted by an applicant pursuant to any established process before refusing to confirm an individual as a custodian of records.
11102.2. (a) (1) As used in this section, custodian of records means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.(2) As used in this section, agency means any public or private entity that receives criminal history information from the Department of Justice.(3) As used in this section, department means the Department of Justice.(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.(c) Every agency must designate at least one custodian of records.(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual or individuals designated by the agency to serve as the custodian or custodians of records, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal record background check, and it shall submit one copy of the fingerprint impressions of each individual to the Federal Bureau of Investigation to process a federal level criminal record background check. of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (2)(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f)The department shall not confirm any individual who has been convicted of a felony offense or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. The confirmation shall be revoked if, at any time, the individual is convicted of either a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. (g)In addition to subdivision (f), the(f) The department may refuse to confirm any an individual as a custodian of records or revoke or suspend the confirmation of any a custodian of records if the individual has done any of the following:(1) Been convicted of a felony offense.(2) Been convicted of an offense that involves moral turpitude, dishonesty, or fraud, and impacts the applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity. (1)(3) Made a substantial and material misstatement or omission in the application submitted to the department.(2)(4) Been convicted of an offense of a nature incompatible with the duties of a custodian of records. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.(3)(5) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.(4)(6) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.(5)(7) Committed any act involving dishonesty, fraud, or deceit.(6)(8) Failed to submit any remittance payable upon demand by the department under this section or failed to satisfy any court ordered money judgment, including restitution.(h)(g) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.(h) (1) The department shall implement regulations to aid in determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.(2) The criteria for determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall consider evidence of rehabilitation submitted by an applicant pursuant to any established process before refusing to confirm an individual as a custodian of records.
11102.2. (a) (1) As used in this section, custodian of records means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.(2) As used in this section, agency means any public or private entity that receives criminal history information from the Department of Justice.(3) As used in this section, department means the Department of Justice.(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.(c) Every agency must designate at least one custodian of records.(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual or individuals designated by the agency to serve as the custodian or custodians of records, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal record background check, and it shall submit one copy of the fingerprint impressions of each individual to the Federal Bureau of Investigation to process a federal level criminal record background check. of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation. (2)(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.(f)The department shall not confirm any individual who has been convicted of a felony offense or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. The confirmation shall be revoked if, at any time, the individual is convicted of either a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. (g)In addition to subdivision (f), the(f) The department may refuse to confirm any an individual as a custodian of records or revoke or suspend the confirmation of any a custodian of records if the individual has done any of the following:(1) Been convicted of a felony offense.(2) Been convicted of an offense that involves moral turpitude, dishonesty, or fraud, and impacts the applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity. (1)(3) Made a substantial and material misstatement or omission in the application submitted to the department.(2)(4) Been convicted of an offense of a nature incompatible with the duties of a custodian of records. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.(3)(5) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.(4)(6) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.(5)(7) Committed any act involving dishonesty, fraud, or deceit.(6)(8) Failed to submit any remittance payable upon demand by the department under this section or failed to satisfy any court ordered money judgment, including restitution.(h)(g) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.(h) (1) The department shall implement regulations to aid in determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.(2) The criteria for determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity shall include all of the following:(A) The nature and gravity of the offense.(B) The number of years elapsed since the date of the offense.(C) Whether the applicant has offered credible evidence of rehabilitation.(3) The department shall consider evidence of rehabilitation submitted by an applicant pursuant to any established process before refusing to confirm an individual as a custodian of records.
11102.2. (a) (1) As used in this section, custodian of records means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.
(2) As used in this section, agency means any public or private entity that receives criminal history information from the Department of Justice.
(3) As used in this section, department means the Department of Justice.
(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.
(c) Every agency must designate at least one custodian of records.
(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual or individuals designated by the agency to serve as the custodian or custodians of records, along with the appropriate fees and documentation. The department shall retain one copy of the fingerprint impressions to process a state level criminal record background check, and it shall submit one copy of the fingerprint impressions of each individual to the Federal Bureau of Investigation to process a federal level criminal record background check. of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.
(2)
(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.
(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.
(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.
(f)The department shall not confirm any individual who has been convicted of a felony offense or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records. The confirmation shall be revoked if, at any time, the individual is convicted of either a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicants ability to perform the duties or responsibilities of a custodian of records.
(g)In addition to subdivision (f), the
(f) The department may refuse to confirm any an individual as a custodian of records or revoke or suspend the confirmation of any a custodian of records if the individual has done any of the following:
(1) Been convicted of a felony offense.
(2) Been convicted of an offense that involves moral turpitude, dishonesty, or fraud, and impacts the applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.
(1)
(3) Made a substantial and material misstatement or omission in the application submitted to the department.
(2)
(4) Been convicted of an offense of a nature incompatible with the duties of a custodian of records. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subdivision.
(3)
(5) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.
(4)
(6) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.
(5)
(7) Committed any act involving dishonesty, fraud, or deceit.
(6)
(8) Failed to submit any remittance payable upon demand by the department under this section or failed to satisfy any court ordered money judgment, including restitution.
(h)
(g) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.
(h) (1) The department shall implement regulations to aid in determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity.
(2) The criteria for determining whether an offense impacts an applicants ability to perform the duties or responsibilities of a custodian of records with honesty and integrity shall include all of the following:
(A) The nature and gravity of the offense.
(B) The number of years elapsed since the date of the offense.
(C) Whether the applicant has offered credible evidence of rehabilitation.
(3) The department shall consider evidence of rehabilitation submitted by an applicant pursuant to any established process before refusing to confirm an individual as a custodian of records.