AB 2133: Criminal justice: state summary criminal history records.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-30
Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities, including courts and probation officers, if needed in the course of their duties, and authorizes the Attorney General to furnish state or federal summary criminal history information upon a showing of a compelling need to other persons or entities, including an illegal dumping enforcement officer or a peace officer of another country. Existing law requires the Department of Justice to disseminate specified information, including every conviction rendered against an applicant, whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for certain purposes, including for peace officer employment or certification purposes.
Under existing law, the Attorney General shall furnish summary criminal history information to a public defender or attorney of record when representing a person in a criminal case.
This bill would state that this authority extends to a public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including on appeal or during any postconviction motions, if the information is requested in the course of representation.
Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities, including courts and probation officers, if needed in the course of their duties, and authorizes the Attorney General to furnish state or federal summary criminal history information upon a showing of a compelling need to other persons or entities, including an illegal dumping enforcement officer or a peace officer of another country. Existing law requires the Department of Justice to disseminate specified information, including every conviction rendered against an applicant, whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for certain purposes, including for peace officer employment or certification purposes.
Under existing law, the Attorney General shall furnish summary criminal history information to a public defender or attorney of record when representing a person in a criminal case.
This bill would state that this authority extends to a public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including on appeal or during any postconviction motions, if the information is requested in the course of representation.
Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities, including courts and probation officers, if needed in the course of their duties, and authorizes the Attorney General to furnish state or federal summary criminal history information upon a showing of a compelling need to other persons or entities, including an illegal dumping enforcement officer or a peace officer of another country. Existing law requires the Department of Justice to disseminate specified information, including every conviction rendered against an applicant, whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for certain purposes, including for peace officer employment or certification purposes.
Under existing law, the Attorney General shall furnish summary criminal history information to a public defender or attorney of record when representing a person in a criminal case.
This bill would state that this authority extends to a public defender or attorney of record when representing a criminal defendant person in a criminal case or a juvenile delinquency proceeding, including on appeal or during any postconviction motions. motions, if the information is requested in the course of representation.
Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities, including courts and probation officers, if needed in the course of their duties, and authorizes the Attorney General to furnish state or federal summary criminal history information upon a showing of a compelling need to other persons or entities, including an illegal dumping enforcement officer or a peace officer of another country. Existing law requires the Department of Justice to disseminate specified information, including every conviction rendered against an applicant, whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for certain purposes, including for peace officer employment or certification purposes.
Under existing law, the Attorney General shall furnish summary criminal history information to a public defender or attorney of record when representing a person in a criminal case.
This bill would state that this authority extends to a public defender or attorney of record when representing a criminal defendant on appeal or during any postconviction motions.
(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(11)A city or county, city and county, district, or an officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)To a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(11)A city or county, city and county, district, or an officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)To a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, or if otherwise authorized access by statutory or decisional law. proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(11)A city or county, city and county, district, or an officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)To a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and or if otherwise authorized access by statutory or decisional law.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(11)A city or county, city and county, district, or an officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)To a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
|
Date
|
Status
|
|---|---|
| Sep 30, 2018 | Chaptered by Secretary of State - Chapter 965, Statutes of 2018. |
| Sep 30, 2018 | Approved by the Governor. |
| Aug 27, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 22, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 17, 2018 | From committee: Do pass. (Ayes 7. Noes 0.) (August 16). |
| Aug 6, 2018 | In committee: Referred to APPR. suspense file. |
| Jun 20, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on APPR. |
| Jun 7, 2018 | Referred to Com. on PUB. S. |
| May 30, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 25, 2018 | From committee: Do pass. (Ayes 16. Noes 0.) (May 25). |
| Apr 4, 2018 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 2, 2018 | Re-referred to Com. on APPR. |
| Mar 22, 2018 | Read second time and amended. |
| Mar 21, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 20). |
| Feb 22, 2018 | Referred to Com. on PUB. S. |
| Feb 13, 2018 | From printer. May be heard in committee March 15. |
| Feb 12, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 21, 2018 | Assembly 3rd Reading AB2133 Weber By Bradford | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 6, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 29, 2018 | AB 2133 WEBER Assembly Third Reading | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 20, 2018 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union | ** Support | Aug 18, 2018 |
| California Attorneys For Criminal Justice | ** Support | Aug 18, 2018 |
| California Public Defenders Association | ** Support | Aug 18, 2018 |
| Los Angeles Regional Reentry Partnership | ** Support | Aug 18, 2018 |
| San Francisco Public Defender | ** Support | Aug 18, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2133
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/19/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18
AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/29/18 - See last page for vote
SOURCE: California Attorneys for Criminal Justice
DIGEST:
This bill clarifies in what situations a criminal defense attorney may be provided with information from the Department of Justice’s (DOJ) summary criminal history database and eliminates the requirement that a criminal defense attorney have some separate legal authorization to obtain information that information.
Existing law:
- Requires DOJ to maintain state summary criminal history information. (Penal Code § 11105 (a).)
- Requires DOJ to furnish state summary criminal history information to specified entities, including if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Penal Code § 11105 (b).)
- Provides that DOJ shall furnish summary criminal history to the following entities if the information is needed in the course of their duties:
- Courts of the state;
- Peace officers of the state, as defined;
- District Attorneys of the state;
- Prosecuting city attorneys or city prosecutors of a city within the state;
- City attorneys pursuing civil gang injunctions or drug abatement actions, as defined;
- Probation officers of the state;
- Parole officers of the state;
- Public defenders or attorneys of record in a proceeding for a certificate of rehabilitation and pardon;
- Public defenders or attorneys of record if they are authorized access by statute or decisional law;
- An agency, officer, or official of the state if the information is required to implement a statute or regulation;
- A city or county, city and county, or an officer or official thereof if access is needed in order to assist the fulfilling of employment, certification, or licensing duties is access is specifically authorized by the city council or other governing body, or if required to implement a statute or regulation;
- The person who’s information is reflected in the criminal history information;
- A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation;
- Health officers of a city, county, city and county, or district when in the performance of their official duties;
- A managing or supervising correctional officer of a county jail or other county correctional facility;
- A humane society, or society for the prevention of cruelty to animals for purposes of appointing humane officers;
- Local child support agencies, provided certain information is deleted or purged;
- County child welfare agency personnel who have delegated authority as probation officers, as specified;
- The court of a tribe, as specified;
- Child welfare agency of a tribe, as specified;
- An officer providing conservatorship investigations;
- A court investigator providing investigations or reviews in conservatorships, as specified;
- A person authorized to conduct a guardianship investigation, as specified;
- A humane officer for the performance of his or her duties;
- A public agency that is an entity formed by the regional transportation planning authority as defined, for the purpose of oversight and enforcement policies; and,
- A state entity or its designee that receives federal tax information. (Pen. Code § 11105(b)(1)-(26).)
- Allows DOJ to furnish state summary criminal history information to specified entities and, when specifically authorized, federal-level criminal history information upon a showing of a compelling need, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Penal Code § 11105 (c).)
- Allows DOJ to charge a fee to reimburse department costs, and a surcharge to fund system maintenance and improvements, whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes. Allows, notwithstanding any other law, any person or entity required to pay a fee to DOJ for information received under this provision to charge the applicant a fee sufficient to reimburse the person or entity for this expense. (Pen. Code § 11105 (e).)
- Authorizes, notwithstanding any other law, a human resource agency or an employer to request from DOJ records of all convictions or any arrest pending adjudication involving the offenses specified of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. Requires DOJ to furnish the information to the requesting employer and also send a copy of the information to the applicant. (Penal Code § 11105.3 (a).)
- Requires a local criminal justice agency to furnish local summary criminal history information to any of a list the specified entities, and authorizing the local criminal justice agency to furnish this information to any of a list of specified entities upon a showing of a compelling need, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Penal Code § 13300.)
- Allows a testifying witness’s credibility to be attacked by evidence of a prior felony conviction. (Evidence Code § 788.)
- Allows a testifying witness’s credibility to be attacked by evidence of prior acts tending to show a lack of honesty or veracity. (Evidence Code § 786; People v. Wheeler (1992) 4 Cal. 4th 284, 296.)
This bill:
- Clarifies that criminal defense attorneys representing defendants or juvenile delinquents on appeal and in postconviction proceedings are representing persons in a criminal case for purposes of obtaining information from the DOJ summary criminal history database.
- Eliminates the requirement that criminal defense attorneys have separate statutory or judicial authorization in order to receive information from the DOJ summary criminal history database.
Background
Under existing law, the DOJ maintains state summary criminal history information and is authorized to furnish criminal history information to assist an agency, officer or official of state or local government in fulfilling specified duties and to other specified entities and individuals for employment, licensing and certification purposes including.
While public defenders or the attorney of record are listed as people who can get criminal history information however, there is limiting language at the end of the subdivision pertaining to public defenders and defense attorneys which requires some additional authorization in “statutory or decisional law.” (Penal Code, § 11105 (b)(9).) None of the other 25 subdivisions that grant access to a variety of state, local, and private entities contain this ambiguous limiting language. This bill would clarify that Penal Code Section 11105, subdivision (b)(9), on its own, provides public defenders and criminal defense attorneys with the right to receive information from the DOJ database.
In most criminal cases, there is good reason for public defenders and criminal defense attorneys to be provided with information contained in the DOJ database. For example, evidence that a testifying witness has been convicted of a felony is generally admissible to attack the credibility of that witness (Evidence Code § 788), and misconduct bearing on a witness’s propensity for honesty or veracity are likewise admissible, even where it falls short of felony conduct. (Evidence Code § 786; People v. Wheeler (1992) 4 Cal. 4th 284, 296.) Furthermore, the United States Supreme Court has made it clear that criminal defense attorneys are entitled to information that may cast doubt on the credibility of a prosecution witness. (See Giglio v. United States (1972) 405 U.S. 150).
Although this information is legally required to be disclosed to the defense, often times defense attorneys receive this information late in the criminal proceedings, resulting in insufficient time to effectively investigate, review, and prepare for the cross-examination of witnesses. Specifically, the author has cited a recent, high-stakes trial in which a criminal defense attorney received evidence of more than 60 arrests and convictions for prosecution witnesses, all of which needed to be investigated in the course of a couple of days prior to trial. Apparently, the limiting language of Penal Code Section 11105 subdivision (b)(9) was at least partially to blame for the late disclosure because the prosecuting attorney was either unwilling, or believed he was unable to turn over the information until days before the trial was scheduled to begin. According to the sponsor of the bill, there are numerous prosecutors who feel that they either should not or cannot turn over criminal history database information. This bill makes it clear that public defenders and criminal defense attorneys can receive information to which they are legally entitled, and help prevent the possibility that they may be unable to adequately represent their clients.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
The DOJ anticipates ongoing costs of $227,000 annually for 1.0 Associate Governmental Program Analyst (AGPA) to assist the Custodian of Records AGPA in responding to and verifying requests and 1.0 Program Technician III to seek clarification and missing dispositional information and to ensure overall record quality. (Special fund*)
*Fingerprint Fees Account
California Attorneys for Criminal Justice (source)
American Civil Liberties Union
California Public Defenders Association
Los Angeles Regional Reentry Partnership
San Francisco Public Defender
OPPOSITION: (Verified 8/16/18)
None received
ASSEMBLY FLOOR: 77-0, 5/29/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Gray
8/18/18 14:22:39
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2133 (Weber) - Criminal justice: state summary criminal history records
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2133 would specify that the Department of Justice (DOJ) may provide a criminal defense attorney with the summary criminal history information for a client if requested in the course of representation.
Fiscal Impact:
The Department of Justice anticipates ongoing costs of $227,000 annually for 1.0 Associate Governmental Program Analyst (AGPA) to assist the Custodian of Records AGPA in responding to and verifying requests and 1.0 Program Technician III to seek clarification and missing dispositional information and to ensure overall record quality. (Special fund*)
*Fingerprint Fees Account
Background:
Existing law requires DOJ to maintain state summary criminal history information. The department is required to provide this information to assist an agency, officer or official of state or local government in fulfilling specified duties and to other specified entities, such as the court and probation departments, and individuals for employment, licensing, and certification purposes. Additionally, DOJ is permitted to provide state summary criminal history information to certain entities or individuals for specified purposes.
Among the individuals who DOJ is required to furnish this information are public defenders and attorneys of record when representing a person in a criminal case or a parole, mandatory supervision, or post-release community supervision (PRCS) revocation proceeding. The department is required to provide the summary criminal history information, however, only if the attorney is allowed the information by statutory or decisional law.
Proposed Law:
This bill would specify the situations in which DOJ is required to provide state summary criminal history information to a criminal defense attorney and would eliminate the requirement that the attorney have some separate statutory or decisional authorization to obtain the information. Specifically, this bill would provide that the department must furnish the information to a public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and post-conviction motions, or a parole, mandatory supervision, or PRCS revocation proceeding, if the information is requested in the course of representation.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 2133 Hearing Date: June 19, 2018
Author: | Weber | ||
Version: | March 22, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Criminal Justice: State Summary Criminal History Records
HISTORY
Source: California Attorneys for Criminal Justice
Prior Legislation: None
Support: American Civil Liberties Union; California Public Defenders Association; Los Angeles Regional Reentry Partnership; San Francisco Public Defender
Opposition: None
Assembly Floor Vote: 77 - 0
PURPOSE
The purpose of this bill is to clarify in what situations a criminal defense attorney may be provided with information from the Department of Justice’s (DOJ) summary criminal history database and eliminates the requirement that a criminal defense attorney have some separate legal authorization to obtain information that information.
Existing law requires DOJ to maintain state summary criminal history information. (Penal Code § 11105 (a).)
Existing law requires DOJ to furnish state summary criminal history information to specified entities, including if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Penal Code § 11105 (b).)
Existing law provides that DOJ shall furnish summary criminal history to the following entities if the information is needed in the course of their duties:
- Courts of the state;
- Peace officers of the state, as defined;
- District Attorneys of the state;
- Prosecuting city attorneys or city prosecutors of a city within the state;
- City attorneys pursuing civil gang injunctions or drug abatement actions, as defined;
- Probation officers of the state;
- Parole officers of the state;
- Public defenders or attorneys of record in a proceeding for a certificate of rehabilitation and pardon;
- Public defenders or attorneys of record if they are authorized access by statute or decisional law;
- An agency, officer, or official of the state if the information is required to implement a statute or regulation;
- A city or county, city and county, or an officer or official thereof if access is needed in order to assist the fulfilling of employment, certification, or licensing duties is access is specifically authorized by the city council or other governing body, or if required to implement a statute or regulation;
- The person who’s information is reflected in the criminal history information;
- A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation;
- Health officers of a city, county, city and county, or district when in the performance of their official duties;
- A managing or supervising correctional officer of a county jail or other county correctional facility;
- A humane society, or society for the prevention of cruelty to animals for purposes of appointing humane officers;
- Local child support agencies, provided certain information is deleted or purged;
- County child welfare agency personnel who have delegated authority as probation officers, as specified;
- The court of a tribe, as specified;
- Child welfare agency of a tribe, as specified;
- An officer providing conservatorship investigations;
- A court investigator providing investigations or reviews in conservatorships, as specified;
- A person authorized to conduct a guardianship investigation, as specified;
- A humane officer for the performance of his or her duties;
- A public agency that is an entity formed by the regional transportation planning authority as defined, for the purpose of oversight and enforcement policies; and,
- A state entity or its designee that receives federal tax information. (Pen. Code § 11105(b)(1)-(26).)
Existing law allows DOJ to furnish state summary criminal history information to specified entities and, when specifically authorized, federal-level criminal history information upon a showing of a compelling need, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Penal Code § 11105 (c).)
Existing law allows DOJ to charge a fee to reimburse department costs, and a surcharge to fund system maintenance and improvements, whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes. Allows, notwithstanding any other law, any person or entity required to pay a fee to DOJ for information received under this provision to charge the applicant a fee sufficient to reimburse the person or entity for this expense. (Pen. Code § 11105 (e).)
Existing law authorizes, notwithstanding any other law, a human resource agency or an employer to request from DOJ records of all convictions or any arrest pending adjudication involving the offenses specified of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. Requires DOJ to furnish the information to the requesting employer and also send a copy of the information to the applicant. (Penal Code § 11105.3 (a).)
Existing law requires a local criminal justice agency to furnish local summary criminal history information to any of a list the specified entities, and authorizing the local criminal justice agency to furnish this information to any of a list of specified entities upon a showing of a compelling need, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Penal Code § 13300.)
Existing law allows a testifying witness’s credibility to be attacked by evidence of a prior felony conviction. (Evidence Code § 788.)
Existing law allows a testifying witness’s credibility to be attacked by evidence of prior acts tending to show a lack of honesty or veracity. (Evidence Code § 786; People v. Wheeler (1992) 4 Cal. 4th 284, 296.)
This bill clarifies that criminal defense attorneys representing defendants or juvenile delinquents on appeal and in postconviction proceedings are representing persons in a criminal case for purposes of obtaining information from the DOJ summary criminal history database.
This bill eliminates the requirement that criminal defense attorneys have separate statutory or judicial authorization in order to receive information from the DOJ summary criminal history database.
COMMENTS
1. Need for This Bill
According to the author:
The California Department of Justice operates a database of criminal history of individuals. Access to this database is largely controlled by Penal Code section 11105. This section delineates a litany of individuals with access to the summary criminal history database.
Subdivision (b)(90 addresses access by criminal defense attorneys in the following way:
(9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.
This language does not in and of itself provide statutory authority for criminal defense attorneys to access the database. Instead, (b)(9) suggests that further statutory authority is required (…authorized by statutory or decisional law.”)
As a result, criminal defense attorneys, who are under a legal and ethical obligation to provide zealous advocacy of their clients, are not able to access the database, which could provide key information. For example, oftentimes critical prosecutorial witnesses have a long history of criminal offenses which may be relevant for a number of reasons. However, a criminal defense attorney cannot timely determine the criminal history without statutory access to the database. Instead, criminal defense attorneys must rely on the prosecutors to provide the information
2. Criminal Record Information
Under existing law, the Department of Justice maintains state summary criminal history information and is authorized to furnish criminal history information to assist an agency, officer or official of state or local government in fulfilling specified duties and to other specified entities and individuals for employment, licensing and certification purposes including.
While public defenders or the attorney of record are listed as people who can get criminal history information however, there is limiting language at the end of the subdivision pertaining to public defenders and defense attorneys which requires some additional authorization in “statutory or decisional law.” (Penal Code, § 11105 (b)(9).) None of the other 25 subdivisions that grant access to a variety of state, local, and private entities contain this ambiguous limiting language. This bill would clarify that Penal Code Section 11105, subdivision (b)(9), on its own, provides public defenders and criminal defense attorneys with the right to receive information from the DOJ database.
In most criminal cases, there is good reason for public defenders and criminal defense attorneys to be provided with information contained in the DOJ database. For example, evidence that a testifying witness has been convicted of a felony is generally admissible to attack the credibility of that witness (Evidence Code § 788), and misconduct bearing on a witness’s propensity for honesty or veracity are likewise admissible, even where it falls short of felony conduct. (Evidence Code § 786; People v. Wheeler (1992) 4 Cal. 4th 284, 296.) Furthermore, the United States Supreme Court has made it clear that criminal defense attorneys are entitled to information that may cast doubt on the credibility of a prosecution witness. (See Giglio v. United States (1972) 405 U.S. 150).
Although this information is legally required to be disclosed to the defense, often times defense attorneys receive this information late in the criminal proceedings, resulting in insufficient time to effectively investigate, review, and prepare for the cross-examination of witnesses. Specifically, the author has cited a recent, high-stakes trial in which a criminal defense attorney received evidence of more than 60 arrests and convictions for prosecution witnesses, all of which needed to be investigated in the course of a couple of days prior to trial. Apparently, the limiting language of Penal Code Section 11105 subdivision (b)(9) was at least partially to blame for the late disclosure because the prosecuting attorney was either unwilling, or believed he was unable to turn over the information until days before the trial was scheduled to begin. According to the sponsor of the bill, there are numerous prosecutors who feel that they either should not or cannot turn over criminal history database information. This bill would make it clear that public defenders and criminal defense attorneys can receive information to which they are legally entitled, and help prevent the possibility that they may be unable to adequately represent their clients.
3. Argument in Support
According to the sponsor of this bill, California Attorneys for Criminal Justice:
Criminal defense attorneys are required to provide zealous advocacy on behalf of their clients. This includes the duty to conduct thorough investigation of the facts surrounding a case including witnesses. Attorneys often receive a list of individuals who may be called to testify. Without clear statutory authority to access the California Summary Criminal Justice Information database attorneys must seek out alternative avenues to obtain the information. Prosecutors regularly obtain the rap sheets of witnesses. However, without clear statutory language many prosecutors refuse to provide the document to attorneys as they prepare their cases for trial. As a result, criminal defense attorneys commonly file special discovery motions to seek a court order for access. This process is not only an expenditure of resources, but also results in lost time that could otherwise be spent on other aspects of client representation.
It is important to note that many prosecutors who believe they are not permitted to share the ‘rap sheets’ of witnesses, will instead provide an internally produced memo summarizing only portions of the report. However, too often this memo is delayed or provided right before trial with no opportunity for the defense attorney to conduct thorough investigation. Therefore, AB 2133 will also accelerate the timeliness of obtaining this information.
Criminal defense attorneys have grappled with this issue for many years. AB 2113 will resolve this ongoing problem in an efficient and effective manner that will not only enhance our criminal justice system but will also save resources for prosecutors and defense attorneys.
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:
Author:(Weber)
As Amended Ver:March 22, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Carrillo, Gonzalez Fletcher, Kiley, Quirk, Santiago | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Clarifies in what situations a criminal defense attorney may be provided with information from the Department of Justice's (DOJ) summary criminal history database and eliminates the requirement that a criminal defense attorney have some separate legal authorization to obtain information that information. Specifically, this bill:
- Clarifies that criminal defense attorneys representing defendants or juvenile delinquents on appeal and in postconviction proceedings are representing persons in a criminal case for purposes of obtaining information from the DOJ summary criminal history database.
- Eliminates the requirement that criminal defense attorneys have separate statutory or judicial authorization in order to receive information from the DOJ summary criminal history database.
EXISTING LAW:
- Requires DOJ to maintain state summary criminal history information.
- Provides that DOJ shall furnish summary criminal history to the following entities if the information is needed in the course of their duties:
- Courts of the state;
- Peace officers of the state, as defined;
- District Attorneys of the state;
- Prosecuting city attorneys or city prosecutors of a city within the state;
- City attorneys pursuing civil gang injunctions or drug abatement actions, as defined;
- Probation officers of the state;
- Parole officers of the state;
- Public defenders or attorneys of record in a proceeding for a certificate of rehabilitation and pardon;
- Public defenders or attorneys of record if they are authorized access by statute or decisional law;
- An agency, officer, or official of the state if the information is required to implement a statute or regulation;
- A city or county, city and county, or an officer or official thereof if access is needed in order to assist the fulfilling of employment, certification, or licensing duties is access is specifically authorized by the city council or other governing body, or if required to implement a statute or regulation;
- The person who's information is reflected in the criminal history information;
- A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation;
- Health officers of a city, county, city and county, or district when in the performance of their official duties;
- A managing or supervising correctional officer of a county jail or other county correctional facility;
- A humane society, or society for the prevention of cruelty to animals for purposes of appointing humane officers;
- Local child support agencies, provided certain information is deleted or purged;
- County child welfare agency personnel who have delegated authority as probation officers, as specified;
- The court of a tribe, as specified;
- Child welfare agency of a tribe, as specified;
- An officer providing conservatorship investigations;
- A court investigator providing investigations or reviews in conservatorships, as specified;
- A person authorized to conduct a guardianship investigation, as specified;
- A humane officer for the performance of his or her duties;
- A public agency that is an entity formed by the regional transportation planning authority as defined, for the purpose of oversight and enforcement policies; and,
- A state entity or its designee that receives federal tax information.
- Allows DOJ to furnish state summary criminal history information to specified entities and, when specifically authorized, federal-level criminal history information upon a showing of a compelling need, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed.
- Allows a testifying witness's credibility to be attacked by evidence of a prior felony conviction.
- Allows a testifying witness's credibility to be attacked by evidence of prior acts tending to show a lack of honesty or veracity.
FISCAL EFFECT: According to the Assembly on Appropriations Committee, GF costs of $134,000 in the first year and $227,000 in the second year and ongoing for DOJ to hire two additional staff members to handle an increase in records requests.
COMMENTS: According to the author, "California's summary criminal history database is organized and operated by the state's Department of Justice. This database lists the arrests and convictions of all individuals. Penal Code[Section] 11105 gives nearly two dozen categories of individuals access to the database for a variety of purposes. Subdivision (b)(9) of 11105 appears to give criminal defense attorneys access. However, as currently drafted, this subdivision actually states that these attorneys have access only if there is another statute. So the law that authorizes everyone else, specifically states that criminal defense attorneys need another law to gain access.
"Criminal defense attorneys are legally and ethically obligated to provide "zealous representation: to all clients, regardless of circumstance or how dire the case may appear on the surface. One key aspect is thorough investigation of all key prosecutorial witnesses, or others involved in the case. However, defense attorneys cannot access this database. Instead, the accused and their attorneys must wait until prosecutors decide to disclose prior criminal history. Too often this disclosure is just a couple of weeks before trial, denying the accused and their attorneys ample time to thoroughly investigate.
"Many courts even provide dedicated computer kiosks for prosecutors to access the database. However, defense attorneys can only sit and watch as prosecutors use the computer kiosks because California law does not give them clear statutory authority to access the database.
"In one recent murder case, one week before trial, a defense attorney was notified by the prosecutor that there were more than 60 prior arrests or convictions involving the prosecutor's witnesses. The accused and the defense had no way to thoroughly investigate these cases with trial only a few days away.
"This bill would ensure early access to summary criminal history in order to allow defense attorneys enough time to properly investigate and represent their clients."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744 FN: 0003162
Date of Hearing: April 4, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2133
Author:(Weber) – As Amended Ver:March 22, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill clarifies in what situations a criminal defense attorney may be provided with information from the Department of Justice’s (DOJ) “summary criminal history database” and eliminates the requirement that a criminal defense attorney have some separate legal authorization to obtain information beyond needing the information to represent his or her client.
FISCAL EFFECT:
GF costs of $134,000 in the first year and $227,000 in the second year and ongoing for DOJ to hire two additional staff members to handle an increase in records requests.
COMMENTS:
- Background. DOJ’s summary criminal history database is the master record of information compiled by DOJ pertaining to the identity and criminal history of any person. This information includes name, date of birth, physical description, fingerprints, photographs, arrests, dispositions and similar data. As currently written, the Penal Code seemingly provides public defenders and criminal defense attorneys with the ability to receive information from the DOJ database for criminal cases. However, existing law does not specify that public defenders and criminal defense attorneys can receive this information for appeals and post-conviction motions. In addition, existing law limits a public defender or criminal defense attorney from receiving this information unless they are authorized separately in statute or case law.
- Purpose. According to the author:
Criminal defense attorneys are legally and ethically obligated to provide zealous representation to all clients, regardless of circumstance or how dire the case may appear on the surface. One key aspect is thorough investigation of all key prosecutorial witnesses, or others involved in the case. However, defense attorneys cannot access this database. Instead, the accused and their attorneys must wait until prosecutors decide to disclose prior criminal history. Too often this disclosure is just a couple of weeks before trial, denying the accused and their attorneys ample time to thoroughly investigate.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: March 20, 2018
Counsel: Matthew Fleming
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
As Proposed to be Amended in Committee
SUMMARY:
Clarifies in what situations a criminal defense attorney may be provided with information from the Department of Justice’s (DOJ) summary criminal history database and eliminates the requirement that a criminal defense attorney have some separate legal authorization to obtain information that information. Specifically, this bill:
- Clarifies that criminal defense attorneys representing defendants or juvenile delinquents on appeal and in postconviction proceedings are representing persons in a criminal case for purposes of obtaining information from the DOJ summary criminal history database.
- Eliminates the requirement that criminal defense attorneys have separate statutory or judicial authorization in order to receive information from the DOJ summary criminal history database.
EXISTING LAW:
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- Requires DOJ to maintain state summary criminal history information. (Pen. Code, § 11105, subd. (a).)
- Requires DOJ to furnish state summary criminal history information to specified entities, including if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Pen. Code, § 11105, subd. (b).)
- Provides that DOJ shall furnish summary criminal history to the following entities if the information is needed in the course of their duties:
- Courts of the state;
- Peace officers of the state, as defined;
- District Attorneys of the state;
- Prosecuting city attorneys or city prosecutors of a city within the state;
- City attorneys pursuing civil gang injunctions or drug abatement actions, as defined;
- Probation officers of the state;
- Parole officers of the state;
- Public defenders or attorneys of record in a proceeding for a certificate of rehabilitation and pardon;
- Public defenders or attorneys of record if they are authorized access by statute or decisional law;
- An agency, officer, or official of the state if the information is required to implement a statute or regulation;
- A city or county, city and county, or an officer or official thereof if access is needed in order to assist the fulfilling of employment, certification, or licensing duties is access is specifically authorized by the city council or other governing body, or if required to implement a statute or regulation;
- The person who’s information is reflected in the criminal history information;
- A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation;
- Health officers of a city, county, city and county, or district when in the performance of their official duties;
- A managing or supervising correctional officer of a county jail or other county correctional facility;
- A humane society, or society for the prevention of cruelty to animals for purposes of appointing humane officers;
- Local child support agencies, provided certain information is deleted or purged;
- County child welfare agency personnel who have delegated authority as probation officers, as specified;
- The court of a tribe, as specified;
- Child welfare agency of a tribe, as specified;
- An officer providing conservatorship investigations;
- A court investigator providing investigations or reviews in conservatorships, as specified;
- A person authorized to conduct a guardianship investigation, as specified;
- A humane officer for the performance of his or her duties;
- A public agency that is an entity formed by the regional transportation planning authority as defined, for the purpose of oversight and enforcement policies; and,
- A state entity or its designee that receives federal tax information. (Pen. Code § 11105(b)(1)-(26).)
- Allows DOJ to furnish state summary criminal history information to specified entities and, when specifically authorized, federal-level criminal history information upon a showing of a compelling need, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Pen. Code, § 11105, subd. (c).)
- Allows DOJ to charge a fee to reimburse department costs, and a surcharge to fund system maintenance and improvements, whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes. Allows, notwithstanding any other law, any person or entity required to pay a fee to DOJ for information received under this provision to charge the applicant a fee sufficient to reimburse the person or entity for this expense. (Pen. Code, § 11105, subd. (e).)
- Authorizes, notwithstanding any other law, a human resource agency or an employer to request from DOJ records of all convictions or any arrest pending adjudication involving the offenses specified of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. Requires DOJ to furnish the information to the requesting employer and also send a copy of the information to the applicant. (Pen. Code, § 11105.3, subd. (a).)
- Requires a local criminal justice agency to furnish local summary criminal history information to any of a list the specified entities, and authorizing the local criminal justice agency to furnish this information to any of a list of specified entities upon a showing of a compelling need, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, specified restrictions listed in the Labor Code are followed. (Pen. Code, § 13300.)
- Allows a testifying witness’s credibility to be attacked by evidence of a prior felony conviction. (Evid. Code, § 788.)
- Allows a testifying witness’s credibility to be attacked by evidence of prior acts tending to show a lack of honesty or veracity. (Evid. Code § 786; People v. Wheeler (1992) 4 Cal. 4th 284, 296.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "California’s summary criminal history database is organized and operated by the state’s Department of Justice. This database lists the arrests and convictions of all individuals. Penal Code 11105 gives nearly two dozen categories of individuals access to the database for a variety of purposes. Subdivision (b)(9) of 11105 appears to give criminal defense attorneys access. However, as currently drafted, this subdivision actually states that these attorneys have access only if there is another statute. So the law that authorizes everyone else, specifically states that criminal defense attorneys need another law to gain access.
“Criminal defense attorneys are legally and ethically obligated to provide “zealous representation: to all clients, regardless of circumstance or how dire the case may appear on the surface. One key aspect is thorough investigation of all key prosecutorial witnesses, or others involved in the case. However, defense attorneys cannot access this database. Instead, the accused and their attorneys must wait until prosecutors decide to disclose prior criminal history. Too often this disclosure is just a couple of weeks before trial, denying the accused and their attorneys ample time to thoroughly investigate.
“Many courts even provide dedicated computer kiosks for prosecutors to access the database. However, defense attorneys can only sit and watch as prosecutors use the computer kiosks because California law does not give them clear statutory authority to access the database.
“In one recent murder case, one week before trial, a defense attorney was notified by the prosecutor that there were more than 60 prior arrests or convictions involving the prosecutor’s witnesses. The accused and the defense had no way to thoroughly investigate these cases with trial only a few days away.
“This bill would ensure early access to summary criminal history in order to allow defense attorneys enough time to properly investigate and represent their clients.”
- The Summary Criminal History Information Database: State "summary criminal history information" is the master record of information compiled by DOJ pertaining to the identification and criminal history of any person. According to the statute, this information includes name, date of birth, physical description, fingerprints, photographs, arrests, dispositions and similar data. (Pen. Code, § 11105, subd. (a).) State summary criminal history information is commonly referred to as a "RAP sheet." RAP is believed to stand for “Report of Arrests and Prosecutions.”
- The Need for Criminal Defense Attorneys to Receive Information from the Database: As currently written, the Penal Code seemingly provides public defenders and criminal defense attorneys – as well as some two dozen other entities – with the ability to receive information from the DOJ database. Nonetheless, there is limiting language at the end of the subdivision pertaining to public defenders and defense attorneys which requires some additional authorization in “statutory or decisional law.” (Pen. Code, § 11105, subd. (b)(9).) None of the other 25 subdivisions that grant access to a variety of state, local, and private entities contain this ambiguous limiting language. This bill would clarify that Penal Code Section 11105, subdivision (b)(9), on its own, provides public defenders and criminal defense attorneys with the right to receive information from the DOJ database.
In most criminal cases, there is good reason for public defenders and criminal defense attorneys to be provided with information contained in the DOJ database. For example, evidence that a testifying witness has been convicted of a felony is generally admissible to attack the credibility of that witness (Evid. Code § 788), and misconduct bearing on a witness’s propensity for honesty or veracity are likewise admissible, even where it falls short of felony conduct. (Evid. Code § 786; People v. Wheeler (1992) 4 Cal. 4th 284, 296.) Furthermore, the United States Supreme Court has made it clear that criminal defense attorneys are unquestionably entitled to information that may cast doubt on the credibility of a prosecution witness. (See Giglio v. United States (1972) 405 U.S. 150). These legal authorities, as well as others, provide that much of the information contained in the DOJ database is required to be turned over to the defense.
Although this information is legally required to be disclosed to the defense, often times defense attorneys receive this information late in the criminal proceedings, resulting in insufficient time to effectively investigate, review, and prepare for the cross-examination of witnesses. Specifically, the author has cited a recent, high-stakes trial in which a criminal defense attorney received evidence of more than 60 arrests and convictions for prosecution witnesses, all of which needed to be investigated in the course of a couple of days prior to trial. Apparently, the limiting language of Penal Code Section 11105 subdivision (b)(9) was at least partially to blame for the late disclosure because the prosecuting attorney was either unwilling, or believed he was unable to turn over the information until days before the trial was scheduled to begin. According to the sponsor of the bill, there are numerous prosecutors who feel that they either should not or cannot turn over criminal history database information. This bill would help public defenders and criminal defense attorneys receive information to which they are legally entitled, and help prevent the possibility that they may be unable to adequately represent their clients. This would increase the fairness of the criminal justice system and reduce the possibility of wrongful convictions or other miscarriages of justice.
- Argument in Support: According to the sponsor of this bill, California Attorneys for Criminal Justice: “Criminal defense attorneys are required to provide zealous advocacy on behalf of their clients. This includes the duty to conduct thorough investigation of the facts surrounding a case including witnesses. Attorneys often receive a list of individuals who may be called to testify. Without clear statutory authority to access the California Summary Criminal Justice Information database attorneys must seek out alternative avenues to obtain the information. Prosecutors regularly obtain the rap sheets of witnesses. However, without clear statutory language many prosecutors refuse to provide the document to attorneys as they prepare their cases for trial. As a result, criminal defense attorneys commonly file special discovery motions to seek a court order for access. This process is not only an expenditure of resources, but also results in lost time that could otherwise be spent on other aspects of client representation.
“It is important to note that many prosecutors who believe they are not permitted to share the ‘rap sheets’ of witnesses, will instead provide an internally produced memo summarizing only portions of the report. However, too often this memo is delayed or provided right before trial with no opportunity for the defense attorney to conduct thorough investigation. Therefore, AB 2133 will also accelerate the timeliness of obtaining this information.
“Criminal defense attorneys have grappled with this issue for many years. AB 2113 will resolve this ongoing problem in an efficient and effective manner that will not only enhance our criminal justice system but will also save resources for prosecutors and defense attorneys.”
- Related Legislation:
- SB 1198 (Wilk), would expand access to the criminal history database to the Sex Offender Management Board and the State-Authorized Risk Assessment Tool for Sex Offenders Review Committee. SB 1198 is pending in the Senate Committee on Public Safety.
- SB 1298 (Skinner) would limit access to the database for certain entities, including officers engaged in conservatorship investigations, by imposing temporal limits and prohibiting disclosure of arrests that ultimately resulted in dismissals, exonerations, or other forms of relief. SB 1298 has been referred to the Senate Committees on Public Safety and Labor and Industrial Relations.
- SB 1198 (Wilk), would expand access to the criminal history database to the Sex Offender Management Board and the State-Authorized Risk Assessment Tool for Sex Offenders Review Committee. SB 1198 is pending in the Senate Committee on Public Safety.
- Prior Legislation: AB 1511 (Gaines), Chapter 449, Statutes of 2104 expanded access to the DOJ database to include animal control officers.
REGISTERED SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice (sponsor)
ACLU
California Public Defenders Association
Opposition
None
Analysis Prepared by:
Discussed in Hearing
49SEC
Senate Floor
1H
Senate Standing Committee on Appropriations
1MIN
Assembly Floor
Bill Author
Bill Co-Author(s):