AB 2513: Controlled substances: narcotics registry.

(1)Existing law requires a person who is convicted in this state, or in another state under certain circumstances, of specified offenses involving controlled substances to register with the chief of police of the city in which he or she resides, or the sheriff of the county if he or she resides in an unincorporated area, as specified. The registration consists of a statement in writing signed by the person, giving information required by the Department of Justice, and the fingerprints and photograph of the person. Existing law requires, within 3 days after registering, the law enforcement agency to forward the statement, fingerprints, and photograph to the Department of Justice. A person who knowingly violates the registration requirement and related requirements is guilty of a misdemeanor.

This bill would delete that registration requirement and make conforming changes. The bill would require that the statements, photographs, and fingerprints obtained pursuant to these provisions as they read on January 1, 2018, be destroyed not later than January 1, 2021. By imposing new duties on local law enforcement agencies, the bill would impose a state-mandated local program.

(2)Existing law requires every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of specified controlled substance offenses of any public school employee, to immediately notify by telephone the superintendent of schools of the school district employing the employee, and, if the person arrested is a teacher, to immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed. Existing law imposes similar notification requirements on those law enforcement personnel if the person arrested is a teacher employed by a private school, or a teacher or instructor employed by a community college.

This bill would make those provisions applicable upon the conviction, rather than the arrest, of the employee. By imposing new duties on local law enforcement agencies, the bill would impose a state-mandated local program.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.