Bill Text: CA AB1331 | 2019-2020 | Regular Session | Chaptered
Bill Title: Criminal justice data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 581, Statutes of 2019. [AB1331 Detail]
Download: California-2019-AB1331-Chaptered.html
Assembly Bill
No. 1331
CHAPTER 581
An act to amend, repeal, and add Sections 13150, 13151, and 13202 of the Penal Code, relating to criminal justice data.
[
Approved by
Governor
October 08, 2019.
Filed with
Secretary of State
October 08, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1331, Bonta.
Criminal justice data.
Existing law requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires agencies to report this information to the Department of Justice for each arrest made, and requires the superior court that disposes of a case for which that information was reported to ensure that a disposition report of that case is reported to the department.
This bill, commencing July 1, 2020, would require the information reported to include additional information
related to identifying the arrestee. By increasing duties on local criminal justice agencies, the bill would create a state-mandated local program.
Existing law authorizes each public agency and bona fide research body immediately concerned with the prevention or control of crime, the quality of criminal justice, or the custody or correction of offenders to be provided with criminal offender record information required for the performance of its duties, provided that any material identifying individuals is not transferred, revealed, or used for other than research or statistical activities, that reports or publications derived from that information do not identify specific individuals, and that the agency or body pays the cost of the processing of the data as determined by the Attorney General.
This
bill, commencing July 1, 2020,
would require that criminal offender record information to include criminal court records, and would prohibit a person from being denied access to that information solely on the basis of that person’s criminal record, unless that person has been convicted of a felony or any other offense that involves moral turpitude, dishonesty, or fraud.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13150 of the Penal Code is amended to read:13150.
(a) For each arrest made, the reporting agency shall report to the Department of Justice, concerning each arrest, the applicable identification and arrest data described in Section 13125 and fingerprints, except as otherwise provided by law or as prescribed by the Department of Justice.(b) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 2.
Section 13150 is added to the Penal Code, to read:13150.
(a) For each arrest made, the reporting agency shall report to the Department of Justice, concerning each arrest, the applicable identification and arrest data described in Section 13125 and fingerprints, including the CII number and incident report number, except as otherwise provided by law or as prescribed by the Department of Justice.(b) This section shall become operative on July 1, 2020.
SEC. 3.
Section 13151 of the Penal Code is amended to read:13151.
(a) The superior court that disposes of a case for which an arrest was required to be reported to the Department of Justice pursuant to Section 13150 or for which fingerprints were taken and submitted to the Department of Justice by order of the court shall assure that a disposition report of such case containing the applicable data elements enumerated in Section 13125, or Section 13151.1 if such disposition is one of dismissal, is furnished to the Department of Justice within 30 days according to the procedures and on a format prescribed by the department. The court shall also furnish a copy of such disposition report to the law enforcement agency having primary jurisdiction to investigate the offense alleged in the complaint or accusation. Whenever a court shall order any action subsequent to the initial disposition of a case, the court shall similarly report such proceedings to the department.(b) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 4.
Section 13151 is added to the Penal Code, to read:13151.
(a) The superior court that disposes of a case for which an arrest was required to be reported to the Department of Justice pursuant to Section 13150 or for which fingerprints were taken and submitted to the Department of Justice by order of the court shall ensure that a disposition report of a case containing the applicable data elements enumerated in Section 13125, including the CII number and the court docket number, or Section 13151.1 if the disposition is one of dismissal, is furnished to the Department of Justice within 30 days according to the procedures and in a format prescribed by the department. The court shall also furnish a copy of the disposition report to the law enforcement agency having primary jurisdiction to investigate the offense alleged in the complaint or accusation. When a court orders an action subsequent to the initial disposition of a case, the court shall similarly report the proceedings to the department. When filing a case with the court, the criminal justice agency shall include the CII number in the filing.(b) This section shall become operative on July 1, 2020.
SEC. 5.
Section 13202 of the Penal Code is amended to read:13202.
(a) Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, every public agency or bona fide research body immediately concerned with the prevention or control of crime, the quality of criminal justice, or the custody or correction of offenders may be provided with such criminal offender record information as is required for the performance of its duties, provided that any material identifying individuals is not transferred, revealed, or used for other than research or statistical activities and reports or publications derived therefrom do not identify specific individuals, and provided that such agency or body pays the cost of the processing of such data as determined by the Attorney General.(b) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 6.
Section 13202 is added to the Penal Code, to read:13202.
(a) Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, every public agency or bona fide research body immediately concerned with the prevention or control of crime, the quality of criminal justice, or the custody or correction of offenders may be provided with criminal offender record information, including criminal court records, as required for the performance of its duties, provided that any material identifying individuals is not transferred, revealed, or used for purposes other than research or statistical activities and reports or publications derived therefrom do not identify specific individuals, and provided that the agency or body pays the cost of the processing of the data, as determined by the Attorney General. A person shall not be denied information pursuant to this section solely on the basis of that person’s criminal record unless the person has been convicted of a felony or another offense that involves moral turpitude, dishonesty, or fraud.(b) This section shall become operative on July 1, 2020.
