2009 California Penal Code - Section 11100-11112 :: Article 3. Criminal Identification And Statistics

PENAL CODE
SECTION 11100-11112

11100.  The Attorney General shall provide for the installation of a
proper system and file in the office of the bureau, cards containing
an outline of the method of operation employed by criminals in the
commission of crime.

11101.  The Attorney General shall procure from any available
source, and file for record and report in the office of the bureau,
all descriptions, information, photographs, and measurements of all
persons convicted of a felony, or imprisoned for violating any of the
military, naval, or criminal laws of the United States, and of all
well-known and habitual criminals.

11102.  The department may use the following systems of
identification: the Bertillon, the fingerprint system, and any system
of measurement that may be adopted by law in the various penal
institutions of the state.

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), no person shall 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) Individuals who roll fingerprint impressions, either manually
or electronically, for non-law-enforcement purposes, must submit to
the Department of Justice fingerprint images and related information,
along with the appropriate fees and documentation. The department
shall retain one copy of the fingerprint impressions to process a
state level criminal background clearance, and it shall submit one
copy of the fingerprint impressions to the Federal Bureau of
Investigation to process a federal level criminal background
clearance.
   (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 shall refuse to certify any individual as a
fingerprint roller, and shall revoke the certification of any
fingerprint roller, upon either of the following:
   (A) Conviction of a felony offense.
   (B) Conviction of any other offense that both involves moral
turpitude, dishonesty, or fraud, and bears on the applicant's ability
to perform the duties or responsibilities of a fingerprint roller.
   (2) A conviction after a plea of nolo contendere is deemed to be a
conviction for purposes of this subdivision.
   (g) In addition to subdivision (f), 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:
   (1) Substantial and material misstatement or omission in the
application submitted to the department.
   (2) Arrest pending adjudication for a felony.
   (3) Arrest pending adjudication for a lesser offense that both
involves moral turpitude, dishonesty, or fraud, and bears on the
applicant's ability to perform the duties or responsibilities of a
fingerprint roller.
   (4) Revocation, suspension, restriction, or denial of a
professional license, if the revocation, suspension, restriction, or
denial was for misconduct, dishonesty, or for any cause substantially
related to the duties or responsibilities of a fingerprint roller.
   (5) Failure to discharge fully and faithfully any of the duties or
responsibilities required of a fingerprint roller.
   (6) 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.
   (7) Use of false or misleading advertising in which the
fingerprint roller has represented that he or she has duties, rights,
or privileges that he or she does not possess by law.
   (8) 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.
   (9) Failure to submit any remittance payable upon demand by the
department or failure to satisfy any court ordered money judgment,
including restitution.
   (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 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.

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.
   (c) Every agency must designate at least one custodian of records.
   (1) The agency shall submit to the department the fingerprint
images and related information of the individual or individuals
designated by the agency to serve as the custodian or custodians of
records, along with the appropriate fees and documentation. The
department shall retain one copy of the fingerprint impressions to
process a state level criminal record background check, and it shall
submit one copy of the fingerprint impressions of each individual to
the Federal Bureau of Investigation to process a federal level
criminal record background check.
   (2) 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 shall not confirm any individual who has been
convicted of a felony offense or any other offense that involves
moral turpitude, dishonesty, or fraud, or that impacts the applicant'
s ability to perform the duties or responsibilities of a custodian of
records. The confirmation shall be revoked if, at any time, the
individual is convicted of either a felony offense, or any other
offense that involves moral turpitude, dishonesty, or fraud, or that
impacts the applicant's ability to perform the duties or
responsibilities of a custodian of records.
   (g) In addition to subdivision (f), the department may refuse to
confirm any individual as a custodian of records or revoke or suspend
the confirmation of any custodian of records if the individual has
done any of the following:
   (1) Made a substantial and material misstatement or omission in
the application submitted to the department.
   (2) Been convicted of an offense of a nature incompatible with the
duties of a custodian of records. A conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of this
subdivision.
   (3) Failed to discharge fully and faithfully any of the duties or
responsibilities required of a custodian of records.
   (4) 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.
   (5) Committed any act involving dishonesty, fraud, or deceit.
   (6) Failed to submit any remittance payable upon demand by the
department under this section or failed to satisfy any court ordered
money judgment, including restitution.
   (h) The agency shall immediately notify the department when the
designated custodian of records no longer serves in that capacity. By
March 1, 2012, and by March 1 each year thereafter, the agency shall
notify the department, using a form provided by the department, of
the individual or individuals currently serving in the capacity of
custodian of records.

11103.  The Attorney General shall keep on file in the office of the
bureau a record consisting of duplicates of all measurements,
processes, operations, signaletic cards, measurements, and
descriptions of all persons confined in penal institutions of the
state as far as possible, in accordance with whatever system or
systems may be commonly used in the state.

11104.  The Attorney General shall file all measurements,
information and descriptions received and shall make a complete and
systematic record and index, providing a method of convenience,
consultation, and comparison.

11105.  (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 any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, 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 any of 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, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
   (3) District attorneys of the state.
   (4) Prosecuting city attorneys of any 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 parole revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.
   (10) Any agency, officer, or official of the state 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. 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) Any city or county, city and county, district, or any 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 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) Any 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) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
   (16) Any 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 level 1 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 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 parent's 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 any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained 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 criminal record offender 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.
   (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) Any 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 any 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 any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
   (10) (A) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any 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 any arrest for which the
person is released on bail or on his or her own recognizance pending
trial.
   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.
   Any information obtained from the state summary criminal history
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.
   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. Any public
utility's or cable corporation's 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.
   Nothing in this section shall be construed as imposing any duty
upon public utilities or cable corporations to request state summary
criminal history information on any current or prospective employees.
   (B) For purposes of this paragraph, "cable corporation" means any
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.
   (D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
   (ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
   (11) To any campus of the California State University or the
University of California, or any 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 any 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 felon's
fingerprints and any other information specified by the department.
   (12) To any foreign government, if requested by the individual who
is the subject of the record requested, if needed in conjunction
with the individual's 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, any 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 12054 of the Penal
Code, and 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
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting 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 provision of law, whenever state
summary criminal history information is 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.
   (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 of the Penal Code,
and the information is to be used for criminal justice employment,
licensing, or certification purposes.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is 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 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.
   (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.
   (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 any 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 provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction of an offense 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 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.
   (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 either the successful
completion of a diversion program or exoneration.
   (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 (9) 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) Any 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 provision of law, whenever state summary
criminal history information is 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 any 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 agency's request for information or the conviction is
over 10 years old but the subject of the request was incarcerated
within 10 years of the agency's 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.
   (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 261 or 550 of the Financial Code,
or any 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 provision of law, whenever state
summary criminal history information is 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 any offense specified in Section
550 of the Financial Code.
   (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.
   (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 any 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 provisions of law, whenever state
summary criminal history information is 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.
   (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 arrest 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 arrest notification pursuant to
Section 11105.2.
   (r) Nothing in this section shall be construed to mean that the
Department of Justice shall 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.

11105.01.  In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section 11105
and subject to the requirements and conditions set forth in that
section, the Attorney General shall furnish state summary criminal
history information to the Director, the Deputy Director for
Security, and lottery security officers of the California State
Lottery.

11105.02.  In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section 11105
and subject to the requirements and conditions set forth in that
section, the Attorney General shall furnish state summary criminal
history information upon a showing of a compelling need to any city,
county, city and county, or district, or any officer or official
thereof, when needed to assist in the screening of a prospective
concessionaire and their affiliates or associates, as these terms are
defined in subdivision (k) of Section 432.7 of the Labor Code for
purposes of consenting to, or approving of, the prospective
concessionaire's application for, or acquisition of, any beneficial
interest in a concession, lease, or other property interest.
   Any local government's request for state summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this section. However, only state summary
criminal history information pertaining to criminal convictions, or
to arrests for offenses for which the person being screened is
incarcerated or has been released on bail or on his or her own
recognizance pending trial, may be obtained pursuant to this section.
   Any information obtained from the state summary criminal history
information is confidential and the receiving local government 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 local government and all copies made from it shall
be destroyed not more than 30 days after the local government's final
decision to grant or deny consent to, or approval of, the
prospective concessionaire's application for, or acquisition of, a
beneficial interest in a concession, lease, or other property
interest. Nothing in this section shall be construed as imposing any
duty upon a local government, or any officer or official thereof, to
request state summary criminal history information on any current or
prospective concessionaire or the affiliates or associates of that
concessionaire.

11105.03.  (a) Subject to the requirements and conditions set forth
in this section and Section 11105, local law enforcement agencies are
hereby authorized to provide state criminal summary history
information obtained through CLETS for the purpose of screening
prospective participants and prospective and current staff of a
regional, county, city, or other local public housing authority, at
the request of the chief executive officer of the authority or his or
her designee, upon a showing by that authority that the authority
manages a Section 8 housing program pursuant to federal law (U.S.
Housing Act of 1937), or operates housing at which children under the
age of 18 years reside or operates housing for persons categorized
as aged, blind, or disabled.
   (b) The following requirements shall apply to information released
by local law enforcement agencies pursuant to subdivision (a):
   (1) Local law enforcement agencies shall not release any
information unless it relates to a conviction for a serious felony,
as defined in subdivision (c) of Section 1192.7, a conviction for any
offense punishable under Section 273.5, 422.6, 422.7, 422.75, 422.9,
1170.75, 12020, 12021, or 12021.1, a conviction under Section 273.6
that involves a violation of a protective order, as defined in
Section 6218 of the Family Code, or a conviction for any felony
offense that involves controlled substances or alcoholic beverages,
or any felony offense that involves any activity related to
controlled substances or alcoholic beverages, or a conviction for any
offense that involves domestic violence, as defined in Section
13700.
   (2) Local law enforcement agencies shall not release any
information concerning any arrest for an offense that did not result
in a conviction.
   (3) Local law enforcement agencies shall not release any
information concerning any offense committed by a person who was
under 18 years of age at the time he or she committed the offense.
   (4) Local law enforcement agencies shall release any information
concerning any conviction or release from custody that occurred
within 10 years of the date on which the request for information is
submitted to the Attorney General, unless the conviction was based
upon a felony offense that involved controlled substances or
alcoholic beverages or a felony offense that involved any activity
related to controlled substances or alcoholic beverages. Where a
conviction was based on any of these felony offenses, local law
enforcement agencies shall release any information concerning this
conviction if the conviction occurred within five years of the date
on which a request for the information was submitted.
   (5) Notwithstanding paragraph (4), if information that meets the
requirements of paragraphs (2) to (4), inclusive, is located and the
information reveals a conviction of an offense specified in paragraph
(1), local law enforcement agencies shall release all summary
criminal history information concerning the person whether or not the
information meets the requirements of paragraph (4), provided,
however, that the information meets the requirements of paragraphs
(1) to (3), inclusive.
   (6) Information released to the local public housing authority
pursuant to this section shall also be released to parole or
probation officers at the same time.
   (c) State summary criminal history information shall be used by
the chief executive officer of the housing authority or a designee
only for purposes of identifying prospective participants in
subsidized programs and prospective and current staff who have access
to residences, whose criminal history is likely to pose a risk to
children under the age of 18 years or persons categorized as aged,
blind, or disabled living in the housing operated by the authority.
   (d) If a housing authority obtains summary criminal history
information for the purpose of screening a prospective participant
pursuant to this section, it shall review and evaluate that
information in the context of other available information and shall
not evaluate the person's suitability as a prospective participant
based solely on his or her past criminal history.
   (e) If a housing authority determines that a prospective
participant is not eligible as a resident, it shall promptly notify
him or her of the basis for its determination and, upon request,
shall provide him or her within a reasonable time after the
determination is made with an opportunity for an informal hearing on
the determination in accordance with Section 960.207 of Title 24 of
the Code of Federal Regulations.
   (f) Any information obtained from state summary criminal history
information pursuant to this section is confidential and the
recipient public housing authority shall not disclose or use the
information for any purpose other than that authorized by this
section. The state summary criminal history information in the
possession of the authority and all copies made from it shall be
destroyed not more than 30 days after the authority's final decision
whether to act on the housing status of the individual to whom the
information relates.
   (g) The local public housing authority receiving state summary
criminal history information pursuant to this section shall adopt
regulations governing the receipt, maintenance, and use of the
information. The regulations shall include provisions that require
notice that the authority has access to criminal records of
participants and employees who have access to programs.
   (h) Use of this information is to be consistent with Title 24 of
the Code of Federal Regulations and the current regulations adopted
by the housing authority using the information.
   (i) Nothing in this section shall be construed to require a
housing authority to request and review an applicant's criminal
history.
   (j) The California Housing Authorities Association, after
compiling data from all public housing authorities that receive
summary criminal information pursuant to this chapter, shall report
its findings based upon this data to the Legislature prior to January
1, 2000.

11105.04.  (a) A designated Court Appointed Special Advocate (CASA)
program may submit to the Department of Justice fingerprint images
and related information of employment and volunteer candidates for
the purpose of obtaining information as to the existence and nature
of any record of child abuse investigations contained in the Child
Abuse Central Index, state- or federal-level convictions, or state-
or federal-level arrests for which the department establishes that
the applicant was released on bail or on his or her own recognizance
pending trial. Requests for federal-level criminal offender record
information received by the department pursuant to this section shall
be forwarded to the Federal Bureau of Investigation by the
department.
   (b) When requesting state-level criminal offender record
information pursuant to this section, the designated CASA program
shall request subsequent arrest notification, pursuant to Section
11105.2 of the Penal Code, for all employment and volunteer
candidates.
   (c) The department shall respond to the designated CASA program
with information as delineated in subdivision (p) of Section 11105 of
the Penal Code.
   (d) The department shall charge a fee sufficient to cover the cost
of processing the requests for state- and federal-level criminal
offender record information.
   (e) For purposes of this section, a designated CASA program is a
local court-appointed special advocate program that has adopted and
adheres to the guidelines established by the Judicial Council and
which has been designated by the local presiding juvenile court judge
to recruit, screen, select, train, supervise, and support lay
volunteers to be appointed by the court to help define the best
interests of children in juvenile court dependency and wardship
proceedings. For purposes of this section, there shall be only one
designated CASA program in each California county.
   (f) This section shall become operative on July 1, 2004.

11105.05.  Any information generated pursuant to the provisions of
paragraph (11) of subdivision (c) of Section 11105 shall be destroyed
at the end of the limitation period for the filing of a civil action
arising out of the screening or accreditation of persons as current
or prospective employees, concessionaires and contractors and their
subcontractors, agents and employees for Olympic Games purposes. The
knowing and willful failure to (1) notify the recipient as required
by Section 11105, or (2) to destroy any information as required by
this section, is a misdemeanor punishable in a county jail not
exceeding one year or by a fine not exceeding one thousand dollars
($1,000) or both.

11105.06.  The Department of Justice shall retain an individual's
fingerprint images and related information submitted as part of a
peace officer or nonsworn law enforcement agency employee
preemployment criminal offender record information search request.
When responding to preemployment criminal offender record information
search requests pursuant to subdivision (k) or (l) of Section 11105,
the department shall disseminate the request date and requesting
agency name associated with all retained peace officer and nonsworn
law enforcement agency employee information search requests.

11105.1.  (a) The following persons shall be furnished with state
summary criminal history information when needed in the course of
their duties:
   (1) The director of a state hospital or other treatment facility
to which a person is committed for treatment under Sections 1026 and
1370 of the Penal Code, or Section 5250, if committed for being
dangerous to others, or Section 5300, or former Section 6316 or 6321,
of the Welfare and Institutions Code.
   (2) The community program director or the director's designee
under any of the following conditions:
   (A) When ordered to evaluate a defendant for the court under
paragraph (2) of subdivision (a) of Section 1370 and subdivision (b)
of Section 1026 of the Penal Code, or paragraph (2) of subdivision
(a) of former Section 6316 of the Welfare and Institutions Code.
   (B) When ordered to provide outpatient treatment and supervision
services under Title 15 (commencing with Section 1600) of Part 2 of
the Penal Code.
   (C) When a patient is committed for being dangerous to others
under Section 5250 of the Welfare and Institutions Code.
   (D) When the director or the director's designee provides
evaluation, supervision, or treatment for a person under Section 2964
or 2972.
   (3) The officer providing conservatorship investigation under
Section 5354 of the Welfare and Institutions Code in cases where
referral for conservatorship is made while the proposed conservatee
is being treated under Section 1026 or 1370 of the Penal Code or
Section 5250, if committed for being dangerous to others, or Section
5300, or former Section 6316 or 6321, of the Welfare and Institutions
Code.
   (b) In all instances pursuant to subdivision (a), the criminal
history record shall be transmitted by the court with the request for
evaluation or during the conservatorship investigation or with the
order committing the person to a treatment facility or approving
outpatient status, except that the director of a state hospital, the
county mental health director, and the officer providing
conservatorship investigation may receive the state summary criminal
history information from the law enforcement agency that referred the
person for evaluation and treatment under Section 5150 of the
Welfare and Institutions Code if the person has been subsequently
committed for being dangerous to others under Section 5250 of the
Welfare and Institutions Code. Information obtained under this
subdivision shall not be included in any document which will become
part of a public record.

11105.2.  (a) The Department of Justice may provide subsequent
arrest notification to any agency authorized by Section 11105 to
receive state summary criminal history information to assist in
fulfilling employment, licensing, certification duties, or the duties
of approving relative caregivers and nonrelative extended family
members, upon the arrest of any person whose fingerprints are
maintained on file at the Department of Justice as the result of an
application for licensing, employment, certification, or approval.
The notification shall consist of a current copy of the person's
state summary criminal history transcript.
   (b) For purposes of this section, "approval" means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver or
of a nonrelative extended family member for placement of a child
supervised by the juvenile court.
   (c) Any agency, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and (e)
of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a)
and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent arrests for licensing,
employment, or certification purposes.
   (d) Any agency which submits the fingerprints of applicants for
licensing, employment, certification, or approval to the Department
of Justice for the purpose of establishing a record of the applicant
to receive notification of subsequent arrests shall immediately
notify the department when the employment of the applicant is
terminated, when the applicant's license or certificate is revoked,
when the applicant may no longer renew or reinstate the license or
certificate, or when a relative caregiver's or nonrelative extended
family member's approval is terminated. The Department of Justice
shall terminate subsequent arrest notification on any applicant upon
the request of the licensing, employment, certifying, or approving
authority.
   (e) Any agency receiving a notification of subsequent arrest for a
person unknown to the agency, or for a person no longer employed by
the agency, or no longer eligible to renew the certificate or license
for which subsequent arrest notification service was established
shall immediately return the subsequent arrest notification to the
Department of Justice, informing the department that the agency is no
longer interested in the applicant. The agency shall not record or
otherwise retain any information received as a result of the
subsequent arrest notice.
   (f) Any agency which submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
to receive notification of subsequent arrest shall immediately
notify the department if the applicant is not subsequently employed,
or if the applicant is denied licensing certification, or approval.
   (g) An agency which fails to provide the Department of Justice
with notification as set forth in subdivisions (c), (d), and (e) may
be denied further subsequent arrest notification service.
   (h) Notwithstanding subdivisions (c), (d), and (f), subsequent
arrest notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.

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.

11105.4.  (a) Notwithstanding any other provision of law, a contract
or proprietary security organization may request any criminal
history information concerning its prospective employees that may be
furnished pursuant to subdivision (n) of Section 11105.
   (b) The Department of Justice shall promulgate regulations to
assure that criminal record information is not released to persons or
entities not authorized to receive the information under this
section.
   (c) Any criminal history information obtained pursuant to this
section shall be subject to the same requirements and conditions that
the information is subject to when obtained by a human resource
agency or a bank.
   (d) The Legislature finds that contract security organizations and
private security organizations often provide security service for
financial institutions and human resource agencies, and,
consequently, they have the same need for criminal history
information as do those entities. Therefore, the Legislature intends
to provide authority for contract security organizations and
proprietary security organizations to obtain criminal history
information to the extent that financial institutions and human
resource agencies have that authority concerning their own employees.
   (e) As used in this section, "contract security organization"
means a person, business, or organization licensed to provide
services as a private patrol operator, as defined in subdivision (a)
of Section 7582.1 of the Business and Professions Code.
   As used in this section, "proprietary security organization" means
an organization within a business entity that has the primary
responsibility of protecting the employees and property of its
employer, and which allocates a substantial part of its annual budget
to providing security and protective services for its employer,
including providing qualifying and in-service training to members of
the organization.
   (f) 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.

11105.5.  When the Department of Justice receives a report that the
record of a person has been sealed under Section 851.7, 851.8, or
1203.45, it shall send notice of that fact to all officers and
agencies that it had previously notified of the arrest or other
proceedings against the person.

11105.6.  Upon the request of a licensed bail agent or bail bond
licensee, as described in Sections 1276 and 1276.5, a local law
enforcement agency may furnish an individual's known aliases and
booking photograph, information identifying whether the individual
has been convicted of any violent felony, as defined in subdivision
(c) of Section 667.5, and an unaltered copy of the booking and
property record, excluding any medical information, to the agent or
licensee if all of the following circumstances exist:
   (a) The information is from the record of a person for whom a
bench warrant has been issued, or for whom a bail forfeiture has been
ordered.
   (b) The person described in subdivision (a) is a client of the
agent or licensee.
   (c) The agent or licensee pays to the law enforcement agency a fee
equal to the cost of providing the information.
   (d) Any information obtained pursuant to this section is
confidential and the recipient bail agent or bail bond licensee shall
not disclose its contents, other than for the purpose for which it
was acquired. A violation of this subdivision is a misdemeanor.

11105.7.  (a) Notwithstanding any other provision of law, when a
person is required to submit fingerprints or a fingerprint card to
the Department of Justice for a criminal background investigation for
purposes of employment, certification, or licensing, and the
department determines either that it is impossible for the person to
submit fingerprints or that the submitted fingerprints are not
legible for identification purposes, the department, in its
discretion, shall do either of the following:
   (1) Make a determination that the person presently is unable to
provide legible fingerprints, and therefore shall be deemed to have
complied with the statutory requirement to submit fingerprints. The
department, using available personal identifying data that the
department deems appropriate, shall then conduct a search to
determine if the person has a criminal history.
   (2) Request that the person submit a second set of fingerprints or
obtain verification from another law enforcement agency that he or
she is unable to provide legible fingerprint impressions either
manually or electronically. If the department requests law
enforcement verification of the quality of fingerprints that the
person is able to provide, it may designate the law enforcement
agency that is to provide the verification and provide a form for the
verification. If the second set of fingerprints is illegible or if
the designated law enforcement agency verifies that the person is
unable to submit legible fingerprints, the person shall be deemed to
have complied with the statutory requirement to submit fingerprints,
and the department, using available personal identifying data it
deems appropriate, shall conduct a search to determine if the person
has a criminal history.
   (b) After a search of its data bases pursuant to subdivision (a),
the department shall issue a certificate regarding the criminal
history of the applicant to the employing, licensing, or certifying
agency. This certificate shall indicate whether or not the applicant
has any reportable criminal history for purposes of the employment,
license, or certificate the applicant is seeking. The agency shall be
entitled to receive information regarding any reportable offenses
and may use this information to make a determination of eligibility.
   (c) Whenever the department determines pursuant to this section
that a person has a criminal record, the person shall be provided an
opportunity to question the accuracy or completeness of any material
matter contained in the record, under the procedures provided in
Section 11126.
   (d) It is the intent of the Legislature that this section shall
only apply to those persons who are unable to supply legible
fingerprints due to disability, illness, accident, or other
circumstances beyond their control and does not apply to persons who
are unable to provide fingerprints because of actions they have taken
to avoid submitting their fingerprints.

11105.75.  (a) (1) If, in the course of performing a criminal
history background investigation for an agency or entity statutorily
authorized to receive a criminal history, the Department of Justice
determines that it appears that the applicant has criminal history
record information that the requesting agency is statutorily
authorized to receive, but the identity of the applicant cannot be
verified with fingerprints, the department shall provide a copy of
the criminal history record to the requesting agency or entity but
shall note any entries as to which the identity of the subject has
not been fingerprint verified.
   (2) The department shall compare all available identifying
characteristics of the applicant with those that appear in the
criminal history information before responding to the requesting
agency or entity with conviction disposition information that has not
been fingerprint verified.
   (b) If an agency or entity denies a license, certificate, or
employment based upon information received from the department that
is not fingerprint verified, the agency or entity shall notify the
applicant of its decision and that he or she may challenge the
identification. In that case, the applicant may appeal the decision
of the agency or entity on the grounds that the applicant is not the
person so identified.
   (c) Neither the department nor any of its employees or any
requesting agency or entity shall be liable to any applicant for
misidentifications made pursuant to this section.

11106.  (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, reports provided
pursuant to Section 12071 that are not dealers' records of sales of
firearms, and reports of stolen, lost, found, pledged, or pawned
property in any city or county of this state, and shall, upon proper
application therefor, furnish this information to the officers
referred to in Section 11105.
   (b) (1) Except as provided in subdivision (d), the Attorney
General shall not retain or compile any information from reports
filed pursuant to subdivision (a) of Section 12078 for firearms that
are not handguns, from forms submitted pursuant to Section 12084, as
that section read prior to being repealed by the act that amended
this section, for firearms that are not handguns, or from dealers'
records of sales for firearms that are not handguns. All copies of
the forms submitted, or any information received in electronic form,
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, for firearms that are
not handguns, or of the dealers' records of sales for firearms that
are not handguns shall be destroyed within five days of the clearance
by the Attorney General, unless the purchaser or transferor is
ineligible to take possession of the firearm. All copies of the
reports filed, or any information received in electronic form,
pursuant to subdivision (a) of Section 12078 for firearms that are
not handguns shall be destroyed within five days of the receipt by
the Attorney General, unless retention is necessary for use in a
criminal prosecution.
   (2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not handguns
unless retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
   (3) A violation of this subdivision is a misdemeanor.
   (c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
Section 12084 or any other law, as to handguns and maintain a
registry thereof.
   (2) The registry shall consist of all of the following:
   (A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to Section 12078 or
any other law.
   (B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
   (C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
   (D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
   (3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.
   (4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
   (d) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 12021.3,
12053, 12071, 12072, 12077, 12078, 12082, or 12285, if the following
conditions are met:
   (A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
   (B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
   (C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
   (2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.

11106.1.  Any system of microphotography, optical disk, or
reproduction by other techniques that do not permit additions,
deletions, or changes to the original document, may be used by the
Department of Justice as a photographic reproduction process to
record some or all instruments, papers, photographs, and notices that
are required or permitted by law to be recorded or filed. All
storage medium shall comply with minimum standards of quality
approved by the National Institute of Standards and Technology.

11106.2.  Any criminal justice agency may cause any or all files or
records in its official custody to be microphotographed or otherwise
reproduced pursuant to Section 11106.1, as in the case of original
filings or recordings, or both. Every reproduction shall be deemed
and considered an original, and as a transcript, exemplification or
certified copy, as the case may be, of the original.

11106.3.  Fingerprints may be stored or created in an electronic
format that does not permit additions, deletions or changes to the
original fingerprints so long as the storage medium complies with the
minimum standards of quality approved by the National Institute of
Standards and Technology.

11107.  Each sheriff or police chief executive shall furnish all of
the following information to the Department of Justice on standard
forms approved by the department:
   Daily reports of those misdemeanors and felonies that are required
to be reported by the Attorney General including, but not limited
to, forgery, fraud-bunco, bombings, receiving or selling stolen
property, safe and commercial burglary, grand theft, child abuse,
homicide, threats, and offenses involving lost, stolen, found,
pledged, or pawned property.
   The reports required by this section shall describe the nature and
character of each such crime and note all particular circumstances
thereof and include all additional or supplemental data. The Attorney
General may also require that the report shall indicate whether or
not the submitting agency considers the information to be
confidential because it was compiled for the purpose of a criminal
investigation of suspected criminal activities. The term "criminal
investigation" includes the gathering and maintenance of information
pertaining to suspected criminal activity.

11107.5.  The Attorney General shall report annually to the
Legislature concerning the information pertaining to the sexual abuse
of children reported to the Department of Justice pursuant to
Sections 11107 and 11169. No confidential information shall be
released in the reports submitted to the Legislature.

11108.  (a) Each sheriff or police chief executive shall submit
descriptions of serialized property, or nonserialized property that
has been uniquely inscribed, which has been reported stolen, lost,
found, recovered, held for safekeeping, or under observation,
directly into the appropriate Department of Justice automated
property system for firearms, stolen bicycles, stolen vehicles, or
other property, as the case may be.
   (b) Information about a firearm entered into the automated system
for firearms shall remain in the system until the reported firearm
has been found, recovered, is no longer under observation, or the
record is determined to have been entered in error.
   (c) Any costs incurred by the Department of Justice to implement
subdivision (b) shall be reimbursed from funds other than fees
charged and collected pursuant to subdivisions (e) and (f) of Section
12076.

11108.3.  (a) In addition to the requirements of Section 11108 that
apply to a local law enforcement agency's duty to report to the
Department of Justice the recovery of a firearm, a police or sheriff'
s department shall, and any other law enforcement agency or agent
may, report to the department in a manner determined by the Attorney
General in consultation with the Bureau of Alcohol, Tobacco, Firearms
and Explosives all available information necessary to identify and
trace the history of all recovered firearms that are illegally
possessed, have been used in a crime, or are suspected of having been
used in a crime.
   (b) When the department receives information from a local law
enforcement agency pursuant to subdivision (a), it shall promptly
forward this information to the National Tracing Center of the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives to the
extent practicable.
   (c) The Department of Justice shall implement an electronic system
by January 1, 2002, to receive comprehensive tracing information
from each local law enforcement agency, and to forward this
information to the National Tracing Center.
   (d) In implementing this section, the Attorney General shall
ensure to the maximum extent practical that both of the following
apply:
   (1) The information he or she provides to the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives enables that agency to
trace the ownership of the firearm described in subdivision (a).
   (2) Local law enforcement agencies can report all relevant
information without being unduly burdened by this reporting function.
   (e) Information collected pursuant to this section shall be
maintained by the department for a period of not less than 10 years,
and shall be available, under guidelines set forth by the Attorney
General, for academic and policy research purposes.
   (f) The Attorney General shall have the authority to issue
regulations to further the purposes of this section.

11108.5.  (a) If a law enforcement agency identifies serialized
property that has been reported lost or stolen by the owner or a
person entitled to possession of the property and the property has
been entered into the appropriate Department of Justice automated
property system pursuant to Section 11108, the agency shall notify
the owner or person entitled to possession of the property of the
location of the property within 15 days of making the identification.
If the location of the property was reported by a licensed
pawnbroker or secondhand dealer pursuant to Section 21630 of the
Business and Professions Code, notice shall be given to the party who
reported the property lost or stolen pursuant to Section 21647 of
the Business and Professions Code.
   (b) If the property is in the custody of the law enforcement
agency and it is determined that the property is no longer required
for use as evidence in a criminal case, the property shall be made
available to the person entitled to possession pursuant to Section
1417.5.
   (c) Subdivision (a) shall not apply to the return to an owner of a
lost or stolen vehicle, as defined in Section 670 of the Vehicle
Code.

11108.9.  Each local law enforcement agency shall develop, in
conjunction with and subject to the approval of the Department of
Justice, a succinct Serial Number Restoration Plan setting forth the
goals for reduction in the number of recovered firearms that cannot
be traced due to obliterated serial numbers, and the methods that the
local agency will follow in order to achieve these goals, including,
but not limited to, establishing local programs for restoring serial
numbers and accessing resources of the Department of Justice or the
Bureau of Alcohol, Tobacco, and Firearms for restoring serial
numbers. These plans shall be submitted to the Department of Justice
by January 1, 2000.

11108.10.  (a) In addition to the requirements of Sections 11108 and
11108.3, commencing January 1, 2009, every local law enforcement
agency may cause to be entered into the United States Department of
Justice, National Integrated Ballistic Information Network (NIBIN)
information to ensure that representative samples of fired bullets
and cartridge cases collected at crime scenes, from test-fires of
firearms recovered at crime scenes, and other firearm information
needed to investigate crimes, are recorded into the NIBIN in
accordance with the protocol set forth in subdivision (b).
   (b) The Attorney General, in cooperation with those law
enforcement agencies that choose to do so, shall develop a protocol
for the implementation of this section. The protocol shall be
completed on or before July 1, 2008.
   (c) The Attorney General shall have the authority to issue
guidelines to further the purposes of this section.

11109.  Each coroner promptly shall furnish the Department of
Justice with copies of fingerprints on standardized eight-inch by
eight-inch cards, and descriptions and other identifying data,
including date and place of death, of all deceased persons whose
deaths are in classifications requiring inquiry by the coroner where
the coroner is not satisfied with the decedent's identification. When
it is not physically possible to furnish prints of the 10 fingers,
prints or partial prints of any fingers, with other identifying data,
shall be forwarded by the coroner to the department.
   In all cases where there is a criminal record on file in the
department for the decedent, the department shall notify the Federal
Bureau of Investigation, and each California sheriff and chief of
police in whose jurisdiction the decedent has been arrested, of the
date and place of death of the decedent.

11111.  The Department of Justice shall maintain records relative to
stolen and lost bicycles in the Criminal Justice Information System.
Such records shall be accessible to authorized law enforcement
agencies through the California Law Enforcement Telecommunications
System.

11112.  The Department of Justice, in providing fingerprint
clearances for employment purposes, shall facilitate the processing
of fingerprint cards of employees of, and applicants for employment
with, community care facilities, as defined in Section 1502 of the
Health and Safety Code, which provide services to children, and child
day care facilities, as defined in Section 1596.750 of the Health
and Safety Code.


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