Bill Text: CA AB3235 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 3235

Bill Title: Fingerprint rollers and custodians of records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-14 - Chaptered by Secretary of State - Chapter 254, Statutes of 2024. [AB3235 Detail]

Download: California-2023-AB3235-Chaptered.html

Assembly Bill No. 3235

CHAPTER 254

An act to amend Sections 11102.1 and 11102.2 of the Penal Code, relating to criminal justice programs.

[ Approved by Governor September 14, 2024. Filed with Secretary of State September 14, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 3235, Bryan. Fingerprint rollers and custodians of records.

Existing law requires the Department of Justice to maintain a certification or confirmation program for persons who roll fingerprint impressions for non-law-enforcement purposes and persons who are designated by agencies as custodians of records. Existing law requires them, except as exempt, to be certified or confirmed by the department, as specified. Existing law requires the department to refuse to certify or confirm a fingerprint roller or custodian of records, or revoke their certification or confirmation, upon, among other things, their conviction for a felony offense or their arrest or conviction for an offense that involves moral turpitude, dishonesty, or fraud, and that bears on the person’s ability to perform their duties or responsibilities, as specified. Existing law also requires the department to refuse to certify an individual as a fingerprint roller, or to suspend or revoke that certification, upon the revocation, suspension, restriction, or denial of a professional license, if the denial was for misconduct, dishonesty, or any cause substantially related to the duties or responsibilities of their profession.

This bill would instead give the department discretion to refuse to certify or confirm a fingerprint roller or custodian of records, or to revoke their certification or confirmation, based upon, among other things, a felony conviction or an arrest pending conviction or conviction for an offense that is substantially related to the qualifications, functions, or duties of that profession. The bill would make the same change with relation to the revocation, suspension, restriction, or denial of a professional license for fingerprint rollers. The bill would require the department to develop criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of that profession, including, among other factors, the nature and gravity of the offense and whether the applicant has offered credible evidence of rehabilitation, as specified. The bill would prohibit the department from denying certification or confirmation based in whole or in part on a conviction without considering evidence of rehabilitation, as specified. The bill would also prohibit the department from denying certification or confirmation if the applicant has been granted clemency or a pardon by a state or federal executive.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 11102.1 of the Penal Code is amended to read:

11102.1.

(a) (1) Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), a person shall not roll fingerprints for non-law-enforcement purposes unless certified.

(2) The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:

(A) Law enforcement personnel and state employees.

(B) Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.

(3) The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.

(b) (1) Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes, shall submit to the Department of Justice fingerprint images and related information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.

(2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.

(c) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.

(d) Every individual certified as a fingerprint roller shall meet the following criteria:

(1) Be a legal resident of this state at the time of certification.

(2) Be at least 18 years of age.

(3) Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.

(e) Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.

(f) (1) The department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller, upon any of the following:

(A) Conviction of a felony offense.

(B) Conviction of any other offense that is substantially related to the qualifications, functions, or duties of a fingerprint roller.

(D) Arrest pending adjudication for a felony.

(E) Arrest pending adjudication for an offense that is substantially related to the qualifications, functions, or duties of a fingerprint roller.

(F) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause that is substantially related to the qualifications, functions, or duties of a fingerprint roller.

(G) Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.

(H) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.

(I) Use of false or misleading advertising in which the fingerprint roller has represented that they have duties, rights, or privileges that they do not possess by law.

(J) Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.

(K) Failure to submit any remittance payable upon demand by the department.

(2) A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.

(3) An applicant shall not be denied certification on the basis that the person has been convicted of a crime or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or has been granted clemency or a pardon by a state or federal executive.

(g) (1) The department shall implement regulations to aid in determining whether an offense is substantially related to the qualifications, functions, or duties of a fingerprint roller.

(2) The criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of a fingerprint roller shall include all of the following:

(A) The nature and gravity of the offense.

(B) The passage of time since the date of the offense.

(3) When an applicant with a prior conviction presents evidence of rehabilitation, the department shall not deny certification of an individual as a fingerprint roller based in whole or in part on that conviction without considering the applicant’s evidence of rehabilitation.

(h) The Department of Justice shall work with applicant regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.

(i) The Department of Justice may adopt additional regulations as necessary to implement the provisions of this section.

(j) The department shall charge a fee sufficient to cover its costs under this section.

SEC. 2.

Section 11102.2 of the Penal Code is amended to read:

11102.2.

(a) (1) As used in this section, “custodian of records” means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.

(2) As used in this section, “agency” means any public or private entity that receives criminal history information from the Department of Justice.

(3) As used in this section, “department” means the Department of Justice.

(b) Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.

(1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual designated by the agency to serve as the custodian of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.

(3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.

(d) Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.

(e) Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.

(f) The department may refuse to confirm an individual as a custodian of records or revoke or suspend the confirmation of a custodian of records if the individual has done any of the following:

(1) Been convicted of a felony offense.

(2) Been convicted of an offense that is substantially related to the qualifications, functions, or duties of a custodian of records.

(3) Made a substantial and material misstatement or omission in the application submitted to the department.

(4) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.

(5) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.

(6) Committed any act involving dishonesty, fraud, or deceit.

(7) Failed to submit any remittance payable upon demand by the department.

(g) A conviction after a plea of nolo contendere is deemed to be a conviction for the purposes of this subdivision.

(h) The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.

(i) An applicant shall not be denied confirmation on the basis that the person has been convicted of a crime, or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or has been granted clemency or a pardon by a state or federal executive.

(j) (1) The department shall implement regulations to aid in determining whether an offense is substantially related to the qualifications, functions, or duties of a custodian of records.

(2) The criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of a custodian of records shall include all of the following:

(A) The nature and gravity of the offense.

(B) The passage of time since the date of the offense.

(3) If an applicant with a prior conviction presents evidence of rehabilitation, the department shall not deny confirmation based, in whole or in part, on that conviction without considering the applicant’s evidence of rehabilitation.