2009 California Penal Code - Section 13100-13104 :: Article 1. Legislative Findings And Definitions

PENAL CODE
SECTION 13100-13104

13100.  The Legislature finds and declares as follows:
   (a) That the criminal justice agencies in this state require, for
the performance of their official duties, accurate and reasonably
complete criminal offender record information.
   (b) That the Legislature and other governmental policymaking or
policy-researching bodies, and criminal justice agency management
units require greatly improved aggregate information for the
performance of their duties.
   (c) That policing agencies and courts require speedy access to
information concerning all felony and selected misdemeanor arrests
and final dispositions of such cases.
   (d) That criminal justice agencies may require regular access to
detailed criminal histories relating to any felony arrest that is
followed by the filing of a complaint.
   (e) That, in order to achieve the above improvements, the
recording, reporting, storage, analysis, and dissemination of
criminal offender record information in this state must be made more
uniform and efficient, and better controlled and coordinated.

13100.1.  (a) The Attorney General shall appoint an advisory
committee to the California-Criminal Index and Identification
(Cal-CII) system to assist in the ongoing management of the system
with respect to operating policies, criminal records content, and
records retention. The committee shall serve at the pleasure of the
Attorney General, without compensation, except for reimbursement of
necessary expenses.
   (b) The committee shall consist of the following representatives:
   (1) One representative from the California Police Chiefs'
Association.
   (2) One representative from the California Peace Officers'
Association.
   (3) Three representatives from the California State Sheriffs'
Association.
   (4) One trial judge appointed by the Judicial Council.
   (5) One representative from the California District Attorneys'
Association.
   (6) One representative from the California Court Clerks'
Association.
   (7) One representative from the agency or agencies designated by
the Director of Finance pursuant to Section 13820.
   (8) One representative from the Chief Probation Officers'
Association.
   (9) One representative from the Department of Corrections.
   (10) One representative from the Department of the California
Highway Patrol.
   (11) One member of the public, appointed by the Senate Committee
on Rules, who is knowledgeable and experienced in the process of
utilizing background clearances.
   (12) One member of the public, appointed by the Speaker of the
Assembly, who is knowledgeable and experienced in the process of
utilizing background clearances.

13100.2.  (a) The designee of the Attorney General shall serve as
chair of the committee.
   (b) The Department of Justice shall provide staff and support for
the committee.
   (c) The committee shall meet at least twice annually.
Subcommittees shall be formed and meet as necessary. All meetings
shall be open to the public and reports shall be made available to
the Legislature and other interested parties.

13101.  As used in this chapter, "criminal justice agencies" are
those agencies at all levels of government which perform as their
principal functions, activities which either:
   (a) Relate to the apprehension, prosecution, adjudication,
incarceration, or correction of criminal offenders; or
   (b) Relate to the collection, storage, dissemination or usage of
criminal offender record information.

13102.  As used in this chapter, "criminal offender record
information" means records and data compiled by criminal justice
agencies for purposes of identifying criminal offenders and of
maintaining as to each such offender a summary of arrests, pretrial
proceedings, the nature and disposition of criminal charges,
sentencing, incarceration, rehabilitation, and release.
   Such information shall be restricted to that which is recorded as
the result of an arrest, detention, or other initiation of criminal
proceedings or of any consequent proceedings related thereto. It
shall be understood to include, where appropriate, such items for
each person arrested as the following:
   (a) Personal indentification.
   (b) The fact, date, and arrest charge; whether the individual was
subsequently released and, if so, by what authority and upon what
terms.
   (c) The fact, date, and results of any pretrial proceedings.
   (d) The fact, date, and results of any trial or proceeding,
including any sentence or penalty.
   (e) The fact, date, and results of any direct or collateral review
of that trial or proceeding; the period and place of any
confinement, including admission, release; and, where appropriate,
readmission and rerelease dates.
   (f) The fact, date, and results of any release proceedings.
   (g) The fact, date, and authority of any act of pardon or
clemency.
   (h) The fact and date of any formal termination to the criminal
justice process as to that charge or conviction.
   (i) The fact, date, and results of any proceeding revoking
probation or parole.
   It shall not include intelligence, analytical, and investigative
reports and files, nor statistical records and reports in which
individuals are not identified and from which their identities are
not ascertainable.

13103.  Notwithstanding any other provisions of law relating to
retention of public records, any criminal justice agency may cause
the original records filed pursuant to this chapter to be destroyed
if all of the following requirements are met:
   (a) The records have been reproduced onto microfilm or optical
disk, or by any other techniques which do not permit additions,
deletions, or changes to the original document.
   (b) If the records have been reproduced onto optical disk, at
least one year has elapsed since the date of registration of the
records.
   (c) The nonerasable storage medium used meets the minimum
standards recommended by the National Institute of Standards and
Technology for permanent record purposes.
   (d) Adequate provisions are made to ensure that the nonerasable
storage medium reflects additions or corrections to the records.
   (e) A copy of the nonerasable storage medium is maintained in a
manner which permits it to be used for all purposes served by the
original record.
   (f) A copy of the nonerasable storage medium has been stored at a
separate physical location in a place and manner which will
reasonably assure its preservation indefinitely against loss or
destruction.

13104.  Any certified reproduction of any record stored on a
nonerasable storage medium under the provisions of this chapter shall
be deemed to be a certification of the original record.


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