Bill Text: CA AB1852 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 1852 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Business: services to minors: background checks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 159, Statutes of 2014. [AB1852 Detail]

Download: California-2013-AB1852-Introduced.html

BILL NUMBER: AB 1852	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 19, 2014

   An act to add Chapter 2.8 (commencing with Section 18950) to
Division 8 of the Business and Professions Code, and to amend Section
11105.3 of the Penal Code, relating to business.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1852, as introduced, Campos. Business: services to minors:
background checks.
   Existing law generally provides requirements for the licensing of
business establishments. Existing law authorizes specified entities
to receive state summary criminal history information from the
Department of Justice. Existing law prohibits an employer, as a
condition of employment, from asking an applicant to disclose
information regarding an arrest that did not result in a conviction,
as specified.
   This bill would require a business that provides services to
minors, as defined, to provide written notice to the parent or
guardian of a youth participating in the service offered by the
business regarding the business's policies relating to criminal
background checks for employees who provide services to minors, as
specified. This bill would also authorize a business that provides
services to minors to receive summary criminal history from the
Department of Justice and subsequent arrest notification and would
also provide that the use of that information by the business would
not violate specified employment laws.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.8 (commencing with Section 18950) is added to
Division 8 of the Business and Professions Code, to read:
      CHAPTER 2.8.  BUSINESSES PROVIDING SERVICES TO MINORS


   18950.  (a) (1) A business that provides services to minors shall,
as a condition of obtaining and maintaining a business license,
provide written notice to the parent or guardian of any minor
receiving those services regarding the business's policies relating
to obtaining criminal background checks for its employees.
   (2) If criminal background checks are obtained for employees, the
written notice described in paragraph (1) shall also contain a
statement regarding whether the criminal background check includes
state and federal criminal history information and the nature of the
type of offenses the program looks to identify.
   (b) (1) As used in this section, a "business that provides
services to minors" means a business that meets both of the following
requirements:
   (A) Its primary purpose is the providing an extracurricular
service or program of instruction for youth under 18 years of age.
   (B) It has adult employees who have supervisory or disciplinary
power over a child or children.
   (2) A "business that provides services to minors" shall not
include a licensed child day care facility as defined in Section
1596.750 of the Health and Safety Code or a day care center as
defined in Section 1596.76 of the Health and Safety Code.
   (c) As used in this section, "written notice" may include a
posting on the business's Internet Web site.
   (d) Nothing in subdivision (a) shall require or authorize a
business subject to these provisions to disclose confidential
criminal history information in violation of Article 3 (commencing
with Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal
Code.
   (e) Compliance with this section shall not be deemed a violation
of Section 432.7 of the Labor Code.
  SEC. 2.  Section 11105.3 of the Penal Code is amended to read:
   11105.3.  (a) Notwithstanding any other law, a human resource
agency or an employer may request from the Department of Justice
records of all convictions or any arrest pending adjudication
involving the offenses specified in subdivision (a) of Section 15660
of the Welfare and Institutions Code 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. The department shall furnish the information
to the requesting employer and shall also send a copy of the
information to the applicant.
   (b) Any request for records under subdivision (a) shall include
the applicant's fingerprints, which may be taken by the requester,
and any other data specified by the department. The request shall be
on a form approved by the department, and the department may charge a
fee to be paid by the employer, human resource agency, or applicant
for the actual cost of processing the request. However, no fee shall
be charged to a nonprofit organization. Requests received by the
department for federal level criminal offender record information
shall be forwarded to the Federal Bureau of Investigation by the
department to be searched for any record of arrests or convictions.
   (c) (1) Where a request pursuant to this section reveals that a
prospective employee or volunteer has been convicted of a violation
or attempted violation of Section 220, 261.5, 262, 273a, 273d, or
273.5, or any sex offense listed in Section 290, except for the
offense specified in subdivision (d) of Section 243.4, and where the
agency or employer hires the prospective employee or volunteer, the
agency or employer shall notify the parents or guardians of any minor
who will be supervised or disciplined by the employee or volunteer.
A conviction for a violation or attempted violation of an offense
committed outside the State of California shall be included in this
notice if the offense would have been a crime specified in this
subdivision if committed in California. The notice shall be given to
the parents or guardians with whom the child resides, and shall be
given at least 10 days prior to the day that the employee or
volunteer begins his or her duties or tasks. Notwithstanding any
other provision of law, any person who conveys or receives
information in good faith and in conformity with this section is
exempt from prosecution under Section 11142 or 11143 for that
conveying or receiving of information. Notwithstanding subdivision
(d), the notification requirements of this subdivision shall apply as
an additional requirement of any other provision of law requiring
criminal record access or dissemination of criminal history
information.
   (2) The notification requirement pursuant to paragraph (1) shall
not apply to a misdemeanor conviction for violating Section 261.5 or
to a conviction for violating Section 262 or 273.5. Nothing in this
paragraph shall preclude an employer from requesting records of
convictions for violating Section 261.5, 262, or 273.5 from the
Department of Justice pursuant to this section.
   (d) Nothing in this section supersedes any law requiring criminal
record access or dissemination of criminal history information. In
any conflict with another statute, dissemination of criminal history
information shall be pursuant to the mandatory statute. This
subdivision applies to, but is not limited to, requirements pursuant
to Article 1 (commencing with Section 1500) of Chapter 3 of, and
Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
(commencing with Section 1596.70) of, Division 2 of, and Section 1522
of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of
the Family Code.
   (e) The department may adopt regulations to implement the
provisions of this section as necessary.
   (f) As used in this section, "employer" means any nonprofit
corporation or other organization specified by the Attorney General
which employs or uses the services of volunteers in positions in
which the volunteer or employee has supervisory or disciplinary power
over a child or children.
   (g) As used in this section, "human resource agency" means a
public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500)), the
California Residential Care Facilities for the Elderly Act (Chapter
3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with
Section 1568.01), and the California Child Day Care Facilities Act
(Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the
Health and Safety Code, responsible for determining the character and
fitness of a person who is:
   (1) Applying for a license, employment, or as a volunteer within
the human services field that involves the care and security of
children, the elderly, the handicapped, or the mentally impaired.
   (2) Applying to be a volunteer who transports individuals impaired
by drugs or alcohol.
   (3) Applying to adopt a child or to be a foster parent.
   (h) Except as provided in subdivision (c), any criminal history
information obtained pursuant to this section is confidential and no
recipient shall disclose its contents other than for the purpose for
which it was acquired.
   (i)  (1)    As used in this subdivision,
"community youth athletic program" means an employer having as its
primary purpose the promotion or provision of athletic activities for
youth under 18 years of age. 
   (j) 
   (2)  A community youth athletic program  , as
defined in subdivision (i)  , may request state and federal
level criminal history information pursuant to subdivision (a) for a
volunteer coach or hired coach candidate. The director of the
community youth athletic program shall be the custodian of records.

   (k) The 
    (3   )     A  community youth
athletic program may request from the Department of Justice
subsequent arrest notification service, as provided in Section
11105.2, for a volunteer coach or a hired coach candidate. 
   (j) (1) A business licensee subject to the provisions of Section
18950 of the Business and Professions Code is an employer for
purposes of subdivision (a).  
   (2) A business licensee described in paragraph (1), may request
from the Department of Justice subsequent arrest notification
service, as provided in Section 11105.2, for an employee of the
business.  
   (l) 
    (k)  Compliance with this section does not remove or
limit the liability of a mandated reporter pursuant to Section 11166.