20250AB__279697AMD INTRODUCED 2026-04-16 AMENDED_ASSEMBLY 2026-05-27 AMENDED_ASSEMBLY 2026-06-10 2025 AB AMD Introduced by Committee on Public Safety (Assembly Members Schultz (Chair), Alanis (Vice Chair), Haney, Lackey, Nguyen, and Ramos) LEAD_AUTHOR ASSEMBLY Committee on Public Safety Assembly Members Schultz (Chair), Alanis (Vice Chair), Haney, Lackey, Nguyen, and Ramos

An act to amend Sections 2736, 4606, 6533.5, and 22253.5 of the Business and Professions Code, to amend

Section of the Corporations Code, to amend Sections 33192, 33195.2, 44237, and 45125.1 of the Education Code, to amend

Section of the Family Code, to amend Sections and of the Financial Code, to amend

Section of the Harbors and Navigation Code, to amend Sections 1522, 1568.09, 1569.17, and 1596.871 of the Health and Safety Code, to amend Sections and 11105.3 of, to add

Section 11105.003 to, and to repeal and add

Section of, the Penal Code, to amend

Section of the Public Resources Code, and to amend Sections 14043.38 and 16519.5 of the Welfare and Institutions Code, relating to criminal history information, and declaring the urgency thereof, to take effect immediately. criminal history information, and declaring the urgency thereof, to take effect immediately Criminal history information: background checks. Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing.

Existing law requires an applicant for licensure as a registered nurse to comply with specified education and other requirements. This bill would also require an applicant for licensure as a registered nurse to undergo a fingerprint-based state and national criminal history background check, would require the board to submit to the Department of Justice fingerprint images and related information for applicants, and would require the department to provide a state- and federal-level response, as specified. Existing law requires the Department of Justice to maintain state

summary criminal history information, as defined, and to furnish this information to various state and local government officers and officials, as well as other prescribed entities, if needed in the course of their duties. Existing law authorizes the Attorney General to furnish state

summary criminal history information and, if authorized, federal-level criminal history information, upon a showing of a compelling need, to specified entities, including, among others, peace officers of the United States, other states, or territories or possessions of the United States. Existing law makes it a misdemeanor to furnish criminal history information to a person who is not authorized by law to receive it. This bill would also authorize the Attorney General to provide that information to peace officers of tribes in other states under the same conditions.

By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. Existing law requires employees of entities that have contracts with a private school or heritage school and provide services, including schoolsite administrative or grounds, landscape maintenance, and instruction, to provide their fingerprints to the department, as specified.

Existing law requires employees of an entity that contracts with a local educational agency to, if the employee interacts with pupils without the immediate supervision of, among others, a school employee, complete a criminal background check, as specified. Under existing law, a county, city, city and county, or special district is required to have specified prospective employees or volunteers complete a background check that inquires as to whether the applicant has been convicted of certain offenses.

Existing law also requires the submission of fingerprints to the department for certifying a massage professional, licensing a professional fiduciary, registering a tax preparer, confirming the appointment of a humane officer, working for a bank or its affiliates, and licensing an escrow agent, as specified. Existing law requires the department to ascertain whether the individual whose fingerprints were submitted has been arrested or convicted of a crime and notify the employer if the person has been convicted of specified felonies.

Existing law authorizes the department to notify specified entities of pending criminal proceedings. This bill would instead require those background checks to be submitted pursuant to the provisions above and would make conforming changes.

Existing law authorizes a human resource agency, as defined, or a nonprofit corporation or other organization specified by the Attorney General that 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 to request from the department records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care.

This bill would revise and recast those provisions to instead allow a qualified entity, as defined, to require a covered individual, as defined, to undergo a fingerprint-based state and national criminal history background check and would authorize a qualified entity to get a subsequent arrest notification pursuant to the provisions above. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program.

The bill would make any statutory requirement for an entity to conduct a federal criminal history information check for licensing, certification, or employment purposes inapplicable until the Federal Bureau of Investigation authorizes the entity to conduct a federal criminal history information check, as specified.

If the Federal Bureau of Investigation authorizes an entity to conduct a federal criminal history information check, the bill would require the entity to require an applicant, licensee, certified individual, or employee who did not previously undergo a federal criminal history information check to resubmit their fingerprints for that purpose. Existing law requires an application used to determine the eligibility to own a firearm to include copies of the applicant’s fingerprints.

This bill would instead require an applicant for a certificate of eligibility and a dangerous weapons license or permit issued by the department, including, among other weapons, an assault weapon or short-barreled shotgun, to submit to the department fingerprint images and related information for purposes of conducting a state and national criminal history background check, as specified, and for the purpose of determining if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

The bill would require the department to retain the fingerprint impressions for subsequent arrest notification, as specified. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the State Department of Health Care Services to screen all providers and designate each provider as “limited,” “moderate,” or “high” categorical risk.

For all providers designated as a “high” categorical risk, existing law requires the State Department of Health Care Services, or its designee, to conduct a criminal background check and require specified individuals to submit a set of fingerprints within days of the State Department of Health Care Services’s request in a manner specified by the State Department of Health Care Services. This bill would instead add the State Department of Public Health in place of the State Department of Health Care Services’s authority to have a designee for these purposes.

The bill would require, as an alternative to the State Department of Health Care Services, the State Department of Public Health to prescribe the manner by which a person submits their fingerprints. Existing law requires the State Department of Health Care Services to require that specified applicants, providers, and individuals submit fingerprint images and related information for purposes of a state and federal criminal background check and prescribes a procedure for the State Department of Health Care Services and the Department of Justice to follow for these purposes.

This bill would also add the State Department of Public Health to this requirement and procedure as an alternative to the State Department of Health Care Services and would instead require the information be submitted for specified individuals who are subject to a state and national criminal history background checks. The bill would define “applicant” and “provider” for these purposes.

Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers.

Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities, including, among others, adults responsible for the administration or direct supervision of staff, a staff person, volunteer, or employee who has contact with clients, and, if the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in a like capacity.

This bill would expand the list of individuals to include, among others, an administrator, supervisor, manager, or director of the facility, or an individual acting in those roles, an adult responsible for the operation of the facility, and a person with a 10% or greater financial interest in the applicant. The bill would clarify that a staff person, volunteer, or employee who has direct contact with clients includes adults and minors. The bill would also include limited liability companies in the list of applicant types to which these provisions apply.

By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. Existing law, the Yacht and Ship Brokers Act, prohibits a person from, among other things, acting as a broker or salesperson for the purchase or sale of a yacht without a license. The act authorizes the issuance of a temporary license to a salesperson under specified conditions. The act requires an applicant for a broker or salesperson license to undergo a fingerprint-based state and national criminal history background check.

This bill would authorize the Deputy Director of Boating and Waterways to extend the term of a temporary license or issue a new temporary license to provide an applicant for a broker or salesperson license time to comply with the criminal history background requirement, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would declare that it is to take effect immediately as an urgency statute. TWO_THIRDS NO YES YES YES YES NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Business and Professions Code is amended to read: 2736. (

a) An applicant for licensure as a registered nurse shall comply with each of the following:

(1) Have completed general preliminary education requirements as shall be determined by the board.

(2) Have successfully completed the courses of instruction prescribed by the board for licensure, in a program in this state approved by the board for training registered nurses, or have successfully completed courses of instruction in a school of nursing outside of this state that, in the opinion of the board at the time the application is filed with the board, are equivalent to the minimum requirements of the board for licensure established for an approved program in this state.

(3) Not be subject to denial of licensure under

Section 480. (4) (

A) The board shall require an applicant for licensure as a registered nurse to undergo a fingerprint-based state and national criminal history background check. (

B) The board shall submit to the Department of Justice fingerprint images and related information for individuals specified in subparagraph (

A) who are subject to a state and national criminal history background check, pursuant to subdivision (

u) of

Section of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (

p) of

Section 11105. (

b) An applicant who has received their training from a school of nursing in a country outside the United States and who has complied with subdivision (a), or has completed training equivalent to that required by subdivision (a), shall qualify for licensure by successfully passing the examination prescribed by the board.

SEC. 2.

Section of the Business and Professions Code is amended to read: 4606. (

a) Prior to issuing a certificate to an applicant, the council shall require the applicant to undergo a fingerprint-based criminal history background check. (

b) The council shall submit the fingerprint images and related information to the Department of Justice pursuant to subdivision (

u) of

Section of the Penal Code. (

c) The Department of Justice shall provide a state response pursuant to subdivision (

p) of

Section of the Penal Code. (

d) The council shall request subsequent arrest notification service from the Department of Justice, as provided under

Section 11105.2 of the Penal Code, for all applicants for certification for whom fingerprint images and related information are submitted to conduct a search for state-level criminal offender record information. (

e) The council is authorized to receive arrest notifications and other background materials about applicants and certificate holders from a city, county, or city and county.

SEC.

Section 6533.5 of the Business and Professions Code is amended to read: 6533.5. (

a) The bureau shall require an applicant for licensure as a professional fiduciary to undergo a fingerprint-based state and national criminal history background check. (

b) The bureau shall submit to the Department of Justice fingerprint images and related information for an individual specified in subdivision (

a) who is subject to a state and national criminal history background check pursuant to subdivision (

u) of

Section of the Penal Code. (

c) The Department of Justice shall provide a response to the bureau pursuant to subdivision (

p) of

Section of the Penal Code. (

d) The bureau shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to

Section 11105.2 of the Penal Code.

SEC.

Section 22253.5 of the Business and Professions Code is amended to read: 22253.5. (

a) Beginning July 1, 2020, as a condition of registration, the council shall require the applicant to submit fingerprint images as directed by the council and in a form consistent with the requirements of this section. (

b) The council shall submit the fingerprint images and related information to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state-level convictions and of state-level arrests for which the Department of Justice establishes that the applicant was released on bail or on their own recognizance pending trial pursuant to subdivision (

u) of

Section of the Penal Code. (

c) The Department of Justice shall provide information to the council pursuant to subdivision (

p) of

Section of the Penal Code. (

d) The council shall request subsequent arrest notification service from the Department of Justice, as provided under

Section 11105.2 of the Penal Code, for all applicants for registration for whom fingerprint images and related information are submitted to conduct a search for state-level criminal offender record information. (

e) The council may receive arrest notifications and other background materials about applicants and registrants from a city, county, or city and county.

SEC. 5.

Section of the Corporations Code is amended to read: 14502. (a) (1) (A) (

i) On and after July 1, 1996, no entity, other than a humane society or society for the prevention of cruelty to animals, shall be eligible to petition for confirmation of an appointment of any individual as a humane officer, the duty of which shall be the enforcement of the laws for the prevention of cruelty to animals. (ii) On and after July 1, 1996, only a person who meets the requirements of this

section may be appointed as, or perform the duties of, a humane officer. (iii) Any person appointed as a humane officer before July 1, 1996, may continue to serve as a humane officer until the expiration of the term of appointment only if the appointing society maintains records pursuant to subparagraph (

B) documenting that both the appointing society and the humane officer meet the requirements of this section. (

B) Each humane society or society for the prevention of cruelty to animals for which an individual is acting as a humane officer shall maintain complete and accurate records documenting that the individual has successfully completed all requirements established in this

section and shall make those records available, upon request, to the superior court, the Attorney General, or any entity duly authorized to review that information, including the California Animal Welfare Association. The records shall include the full name and address of each humane officer.

(2) The humane society or society for the prevention of cruelty to animals shall possess insurance of at least one million dollars ($1,000,000) for liability for bodily injury or property damage.

(3) Each appointment of a humane officer shall be by separate resolution by the board of directors or trustees of the humane society or society for the prevention of cruelty to animals duly entered in its minutes.

The resolution shall state the full name and address of the principal office of the appointing society, the full name of the person so appointed, the fact that the person so appointed is a citizen of the State of California, that the person so appointed has met the training requirements set forth in subdivision (h), and whether the person so appointed is authorized to carry a weapon pursuant to this section. The resolution shall also designate the number of the badge to be allotted to the officer, and the date on which the term of office shall expire. (

b) A humane society or a society for the prevention of cruelty to animals seeking confirmation of a humane officer’s appointment shall comply with each of the following provisions: (1) (

A) Before filing a Petition for Order Confirming Appointment of a Humane Officer under paragraph (3), a humane officer applicant shall undergo a fingerprint-based criminal history background check. (

B) A city, county, and city and county humane society or society for the prevention of cruelty to animals shall submit to the Department of Justice fingerprint images and related information for humane officer applicants pursuant to subdivision (

u) of

Section of the Penal Code. The Department of Justice shall provide a state and federal response to a government entity pursuant to subdivision (

p) of

Section of the Penal Code. The Department of Justice shall provide a state response to a nongovernmental entity pursuant to subdivision (

p) of

Section of the Penal Code. (

C) The submitting entity shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to

Section 11105.2 of the Penal Code, for persons whose appointments are confirmed as described in subdivision (c). (

D) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this paragraph.

(2) When filing a Petition for Order Confirming Appointment of a Humane Officer under paragraph (3), the humane society or society for the prevention of cruelty to animals shall serve a copy of the petition on each of the following: (

A) The police department having jurisdiction in the city in which the principal office of the appointing society is located. (

B) The sheriff’s department having jurisdiction in the county in which the principal office of the appointing society is located. (

C) The Department of the California Highway Patrol. (

D) The California Animal Welfare Association. (

E) The animal control agency having jurisdiction in the city in which the principal office of the appointing society is located. If the sheriff’s department or police department entitled to notice under subparagraph (

A) or (

B) provides animal control services for the city in which the principal office of the appointing society is located, no separate notice is required under this subparagraph. (

F) The Department of Justice.

(3) The humane society or society for the prevention of cruelty to animals shall file with the superior court in and for the county or city and county in which the principal office of the humane society is located a Petition for Order Confirming Appointment of a Humane Officer, and shall attach to the petition all of the following: (

A) A copy of the resolution appointing the person, duly certified to be correct by the president and secretary of the society and attested by its seal. (

B) A copy of the criminal record offender information, if any, obtained regarding the person pursuant to paragraph (1). (

C) Proof of the society’s proper incorporation in compliance with

Part 9 (commencing with

Section 10400) of Division 2, including the date the articles of incorporation were filed with the Secretary of State. (

D) A copy of the society’s liability insurance policy for bodily injury or property damage in the amount of at least one million dollars ($1,000,000). (

E) Documentation establishing that the appointee has satisfactorily completed the training requirements set forth in this section. (

F) Documentation establishing that the society has a written agreement with another entity, such as a public or private animal shelter or licensed veterinary clinic, that (

i) provides for the humane care and treatment of any animals seized by the society, (ii) is capable of preserving evidence that may be used to prosecute an animal cruelty case, and (iii) is compliant with all applicable federal, state, and local laws, including licensing laws. Alternatively, the society may provide documentation that it is operating its own animal shelter that meets the requirements of clauses (i), (ii), and (iii). (

G) If the society has not previously appointed a humane officer: (

i) An affidavit signed under penalty of perjury from the president of the society that demonstrates the society’s competence to appoint a humane officer by providing information, including, but not limited to, the following: (

I) Partnerships or collaborations, if any, with other nonprofit or community agencies. (II) Cash reserve on hand, if any, to pay for veterinary expenses, housing, food, and care of seized animals. (III) Established donor base, if any. (IV) Current or prior law enforcement, legal, or other relevant experience, if any, of persons who will supervise the appointee. (

V) Current or prior experience of managers, if any, in operating a society or other nonprofit organization. (VI) Statement that each board member is in good standing in the community and has not been convicted of a misdemeanor or felony involving animals. (VII) Ongoing training beyond the minimum required for appointment of the humane officer, if any. (VIII) The need for a humane officer in the society’s county. (IX) Any other documentation demonstrating compliance with applicable federal, state, or local laws. (ii) Affidavits, if any, from personnel of local animal control agencies, law enforcement agencies, or other societies pertaining to the appointee’s fitness to act as a humane officer. (

H) As the last page, proof of service of a copy of the petition upon those parties required to be served.

(4) Any party described in paragraph (2) may file an opposition to the petition described in paragraph (3). All papers filed in opposition to the petition and in reply to the opposition shall conform to law and motion pleading requirements, pursuant to Rule 3.1113(

d) of the California Rules of Court. An opposition shall not exceed pages and a reply shall not exceed pages, excluding exhibits and declarations. The opposition shall be limited to the competency of the society to appoint and supervise a humane officer and the qualifications, background, and fitness of the appointee that are specific to the work of a humane officer. (

A) Any opposition shall be filed no later than court days after the petition is filed with the court. Any opposition shall be served on all parties indicated on the proof of service attached to the petition. (

B) The petitioner’s reply, if any, to the opposition shall be filed within court days after service of the opposition. The reply shall be served on all parties listed in the proof of service attached to the petition and to any other person who has filed an opposition. (

C) The court shall rule on the petition without a hearing unless the court notifies the parties of an intention to hold a hearing. (

D) The petitioner shall serve a certified copy of the court’s order ruling on the petition on all parties listed in the proof of service attached to the petition and to any other person or entity who has filed an opposition. (c)

(1) Upon receipt of the Petition for Order Confirming Appointment of a Humane Officer, the court shall first determine the society’s date of incorporation, and the length of time between the date the society filed its articles of incorporation with the Secretary of State and the date it filed the petition described in paragraph (3) of subdivision (

b) with the court. If the society was incorporated on or after January 1, 2011, the following shall apply: (

A) For a petition to confirm appointment of a level humane officer, the court shall issue an order denying confirmation of the appointment if a minimum of five years has not elapsed from the date the society filed its articles of incorporation with the Secretary of State to the date it filed the petition. (

B) For a petition to confirm appointment of a level humane officer, the court shall issue an order denying confirmation of the appointment if a minimum of one year has not elapsed from the date the society filed its articles of incorporation with the Secretary of State to the date it filed the petition. (

C) For a petition to confirm appointment of either a level or level humane officer, the court shall issue an order denying confirmation of the appointment if the society has not established, through submission of appropriate documentation, that the society is either operating its own animal shelter or has a written agreement with another entity, in compliance with subparagraph (

F) of paragraph (3) of subdivision (b).

(2) If the court has not issued an order denying the petition pursuant to paragraph (1), the court shall review the matter of the appointee’s qualifications and fitness to act as a humane officer. The court shall also consider any documentation it has received in support of, or in opposition to, the confirmation of the person’s appointment. If the court finds that the appointee is qualified and fit to act as a humane officer, the court shall issue an order confirming the appointment.

The society shall thereupon file a certified copy of the court order in the office of the county clerk of the county or city and county in which the court is located. The appointee shall, at the same time, take and subscribe an oath of office prescribed for peace officers. The society shall also provide a copy of the Order Confirming Appointment to the California Animal Welfare Association and the Department of Justice. The Department of Justice may charge a reasonable fee sufficient to cover the costs of maintaining records of Orders Confirming Appointment.

If the court does not find the appointee qualified and fit to act as a humane officer, the court shall issue an order denying confirmation of the appointment. (

d) If the court grants the petition, the county clerk shall immediately enter in a book to be kept in the county clerk’s office and designated “Record of Humane Officers” the name of the officer, the name of the society appointing the officer, the number of the officer’s badge, the date of the filing, and the case number of the court order confirming the appointment. At the time of the filing, the county clerk shall collect from the society a fee of five dollars ($5), which shall be full payment for all services to be performed by the county clerk under this section. (

e) All appointments of humane officers shall automatically expire if the society disbands or legally dissolves. (f)

(1) The society appointing an officer may revoke an appointment at any time by filing in the office of the county clerk in which the appointment of the officer is recorded a copy of the revocation in writing under the letterhead of the society and duly certified by its executive officer. Upon the filing, the county clerk shall enter the fact of the revocation and the date of the filing of the revocation opposite the name of the officer in the record of humane officers.

(2) Notwithstanding paragraph (1), any duly authorized sheriff or local police agency or the California Animal Welfare Association may initiate a revocation hearing by filing a petition to Revoke Appointment of a Humane Officer. The petition shall show cause why an appointment should be revoked and shall be made to the superior court in the jurisdiction of the appointment. Filing, service, and format of the petition and any oppositions and reply papers shall conform to the law and motion requirements under the Code of Civil Procedure, California Rules of Court, and this code. A proceeding pursuant to this paragraph shall be a special proceeding within the meaning of

Section of the Code of Civil Procedure. (

A) Notice of the hearing date and a copy of the petition shall be served in the same manner as a summons upon the humane officer subject to the petition, the society that appointed the officer, the agencies and association described in paragraph (2) of subdivision (b); except the party filing the petition shall not be required to serve copies of those documents upon itself. (

B) Upon a finding of good cause, the court shall issue an order granting the petition to revoke the appointment. The county clerk shall immediately enter the revocation and the date of the court order opposite the name of the officer in the record of humane officers. The clerk of the superior court shall give notice of the order to the parties described in subparagraph (

A) and to the county clerk-recorder. (

g) The society appointing the humane officer shall pay the training expenses of the humane officer attending the training required pursuant to this section. (h) (1) (

A) A level humane officer is not a peace officer, but may exercise the powers of a peace officer at all places within the state in order to prevent the perpetration of any act of cruelty upon any animal and to that end may summon to the officer’s aid any bystander. A level humane officer may use reasonable force necessary to prevent the perpetration of any act of cruelty upon any animal. (

B) A level humane officer may make arrests for the violation of any penal law of this state relating to or affecting animals in the same manner as any peace officer and may serve search warrants. (

C) A level humane officer is authorized to carry firearms while exercising the duties of a humane officer, upon satisfactory completion of the training specified in subparagraph (D), if the requirements in subparagraph (

F) are met. (

D) A level humane officer shall, before appointment, provide evidence satisfactory to the appointing society that the officer has successfully completed the following requirements: (

i) At least hours of a course of training in animal care sponsored or provided by an accredited postsecondary institution or any other provider approved by the California Veterinary Medical Association the focus of which shall be the identification of disease, injury, and neglect in domestic animals and livestock. (ii) At least hours of a course of training in the state humane laws relating to the powers and duties of a humane officer, sponsored or provided by an accredited postsecondary institution, law enforcement agency, or the California Animal Welfare Association. (iii) The basic training for a level reserve officer by the Commission on Peace Officer Standards and Training pursuant to paragraph (1) of subdivision (

a) of

Section 832.6 of the Penal Code. (

E) A person shall not be appointed as a level humane officer until the person meets the criteria in Sections 1029, 1030, and of the Government Code. A humane society or society for the prevention of cruelty to animals shall complete a background investigation, using standards defined by the Commission on Peace Officer Standards and Training as guidelines for all level humane officer appointments. (F) (

i) Notwithstanding any other provision of this section, a level humane officer may carry a firearm only if authorized by, and only under the terms and conditions specified by, the officer’s appointing society. (ii) Notwithstanding any other provision of this section, a level humane officer shall not be authorized to carry a firearm unless and until the officer’s appointing society has adopted a policy on the use of deadly force by its officers and the officer has been instructed in that policy. (2) (

A) A level humane officer is not a peace officer, but may exercise the powers of a peace officer at all places within the state in order to prevent the perpetration of any act of cruelty upon any animal and to that end may summon to the officer’s aid any bystander. A level humane officer may use reasonable force necessary to prevent the perpetration of any act of cruelty upon any animal. (

B) A level humane officer may make arrests for the violation of any penal law of this state relating to or affecting animals in the same manner as any peace officer and may serve search warrants during the course and within the scope of appointment, upon the successful completion of a course relating to the exercise of the police powers specified in

Section of the Penal Code, except the power to carry and use firearms. (

C) A level humane officer is not authorized to carry firearms. (

D) A level humane officer shall, before appointment, provide evidence satisfactory to the appointing society that the officer has successfully completed courses of training in the following subjects: (

i) At least hours of a course of training in animal care sponsored or provided by an accredited postsecondary institution or any other provider approved by the California Veterinary Medical Association, the focus of which is the identification of disease, injury, and neglect in domestic animals and livestock. (ii) At least hours of a course of training in the state humane laws relating to the powers and duties of a humane officer, sponsored or provided by an accredited postsecondary institution, law enforcement agency, or the California Animal Welfare Association. (

E) A person shall not be appointed as a level humane officer until the person meets the criteria in Sections 1029, 1030, and of the Government Code. A humane society or society for the prevention of cruelty to animals shall complete a background investigation, using standards defined by the Commission on Peace Officer Standards and Training as guidelines, for all level humane officer appointments.

(3) During each three-year period following the date on which the certified copy of the court order confirming the appointment of a humane officer was filed with the county clerk, the humane officer shall complete hours of continuing education and training relating to the powers and duties of a humane officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, law enforcement agency, or the California Animal Welfare Association.

A certificate of compliance shall be served no later than days after the expiration of each three-year period on the Department of Justice with copies served on the superior court, agencies, and associations described in subparagraphs (

A) to (E), inclusive, of paragraph (2) of subdivision (b). The Department of Justice may charge a reasonable fee sufficient to cover the costs of maintaining records of certificates of compliance. The certificate of compliance shall also include documentation that the humane society or society for the prevention of cruelty to animals is in compliance with subparagraph (

F) of paragraph (3) of subdivision (b). Service on the Department of Justice shall be in compliance with procedures set forth by the Department of Justice. The Department of Justice shall post the filing procedures, as they may be updated from time to time, on its internet website. Failure to file the certificate of compliance with the Department of Justice no later than days after the expiration of a three-year period shall result in immediate revocation of the appointment.

(4) If the humane officer is authorized to carry a firearm, the officer shall complete ongoing weapons training and range qualifications at least every six months pursuant to subdivision (

t) of

Section 830.3 of the Penal Code. A certificate of compliance pursuant to this

section shall be served no later than days after the expiration of a six-month period on the Department of Justice with copies served on the superior court, and on the agencies and associations described in subparagraphs (

A) to (E), inclusive, of paragraph (2) of subdivision (b). The Department of Justice may charge a reasonable fee sufficient to cover the costs of maintaining records of certificates of compliance. The certificate of compliance shall also include documentation that the humane society or society for the prevention of cruelty to animals is in compliance with subparagraph (

F) of paragraph (3) of subdivision (b). Service on the Department of Justice shall be in compliance with procedures set forth by the Department of Justice. The Department of Justice shall post the filing procedures, as they may be updated from time to time, on its internet website. Failure to file the certificate of compliance with the Department of Justice no later than days after the expiration of a six-month period shall result in immediate revocation of the appointment. (5) (

A) A humane officer may carry a wooden club or baton if the officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton pursuant to subdivision (

g) of

Section of the Penal Code. (

B) Notwithstanding subparagraph (A), a humane officer may carry a wooden club or baton only if authorized by, and only under the terms and conditions specified by, the officer’s appointing society. (

i) Every humane officer shall, when making an arrest, exhibit and expose a suitable badge to be adopted by the society under this part of which the officer is an appointee which shall bear its name and a number. Uniforms worn by humane officers shall prominently display the name of the appointing society. Humane officer uniforms shall not display the words “state” or “California,” except to the extent that one or both of those words are part of the appointing society’s incorporated name. (

j) Any person resisting a humane officer in the performance of the officer’s duty as provided in this

section is guilty of a misdemeanor. Any person who has not been appointed and qualified as a humane officer as provided in this section, or whose appointment has been revoked as provided in this section, or whose appointment, having expired, has not been renewed as provided in this section, who shall represent themself to be or shall attempt to act as an officer shall be guilty of a misdemeanor. (

k) No humane officer shall serve a search warrant without providing prior notice to local law enforcement agencies operating within that jurisdiction. (

l) Any humane society, society for the prevention of cruelty to animals, or person, who knowingly provides a court with false or forged documentation for the appointment of a humane officer, is guilty of a misdemeanor and shall be punished by a fine of up to ten thousand dollars ($10,000). (

m) Except as otherwise provided by this section, a humane officer shall serve only in the county in which the court that appointed the officer sits. A humane officer may serve in another county if the humane officer gives notice requesting consent to the sheriff of the county in which the officer intends to serve, and acquires consent from that sheriff of the county in which the officer intends to serve, or from a person authorized by the sheriff to give that consent. A sheriff shall promptly respond to any request by a humane officer to serve in the sheriff’s jurisdiction and any request shall not be unreasonably denied.

SEC. 6.

Section of the Education Code is amended to read: 33192. (

a) Except as provided in subdivisions (

b) and (c), if the employees of any entity that has a contract with a private school to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application:

(1) School and classroom janitorial.

(2) Schoolsite administrative.

(3) Schoolsite grounds and landscape maintenance.

(4) Pupil transportation.

(5) Schoolsite food-related. (

b) This

section does not apply to an entity providing any of the services listed in subdivision (

a) to a private school in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (

c) This

section does not apply to an entity providing any of the services listed in subdivision (

a) to a private school when the private school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others.

If a private school has made this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. (

d) A private school may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (

a) or those described in

Section and the entity’s employees to comply with the requirements of this section, unless the private school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others.

If a private school makes this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a private school requires an entity providing services other than those listed in subdivision (

a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision (e). (

e) A request for records pursuant to subdivision (

a) shall be conducted pursuant to

Section 11105.3 of the Penal Code. The Department of Justice shall provide a state and federal response pursuant to subdivision (

p) of

Section of the Penal Code. (

f) An entity having a contract as specified in subdivision (

a) and an entity required to comply with this

section pursuant to subdivision (

d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in

Section 45122.1.

(1) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code.

(2) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that they have been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court having jurisdiction where they are a resident. (

g) An entity having a contract as specified in subdivision (

a) and an entity required to comply with this

section pursuant to subdivision (

d) shall certify in writing to the private school that neither the employer nor any of its employees who are required by this

section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in

Section 45122.1. (

h) An entity having a contract as specified in subdivision (

a) on the effective date of the act adding this

section and an entity required to comply with this

section pursuant to subdivision (

d) by a private school with which it has a contract on the effective date of the act adding this

section shall complete the requirements of this

section within days of that date. (

i) For purposes of this section, “private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level. (

j) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may request electronic submission of the fingerprint cards and other information required by this section.

SEC.

Section 33195.2 of the Education Code is amended to read: 33195.2. (

a) Except as provided in subdivisions (

b) and (c), if the employees of any entity that has a contract with a heritage school to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application:

(1) School and classroom janitorial.

(2) Schoolsite administrative.

(3) Schoolsite grounds and landscape maintenance.

(4) Pupil transportation.

(5) Schoolsite food-related services. (

b) This

section does not apply to an entity providing any of the services listed in subdivision (

a) to a heritage school in an emergency or exceptional situation, such as when a pupil’s health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (

c) This

section does not apply to an entity providing any of the services listed in subdivision (

a) to a heritage school when the heritage school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the heritage school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others.

If a heritage school has made this determination, the heritage school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. (

d) A heritage school may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (

a) or those described in

Section 33195.3 and the entity’s employees to comply with the requirements of this section, unless the heritage school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the heritage school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others.

If a heritage school makes this determination, the heritage school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a heritage school requires an entity providing services other than those listed in subdivision (

a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision (e). (e)

(1) The heritage school contractor shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees of entities, as identified in subdivisions (

a) and (d), that contract with a heritage school, as defined in

Section 33195.4, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state and federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trail or appeal.

(2) A request for records pursuant to this

section shall be conducted pursuant to

Section 11105.3 of the Penal Code.

(3) The Department of Justice shall provide a state and federal response to the heritage school contractor pursuant to subdivision (

p) of

Section of the Penal Code. (

f) An entity having a contract as specified in subdivision (

a) and an entity required to comply with this

section pursuant to subdivision (

d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in

Section 45122.1.

(1) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code.

(2) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that they have been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court having jurisdiction where they are a resident. (

g) An entity having a contract as specified in subdivision (

a) and an entity required to comply with this

section pursuant to subdivision (

d) shall certify in writing to the heritage school that neither the employer nor any of its employees who are required by this

section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in

Section 45122.1. (

h) An entity having a contract as specified in subdivision (

a) on the effective date of the act adding this

section and an entity required to comply with this

section pursuant to subdivision (

d) by a heritage school with which it has a contract on the effective date of the act adding this

section shall complete the requirements of this

section within days of that date. (

i) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may request electronic submission of the fingerprint cards and other information required by this section.

SEC. 8.

Section of the Education Code is amended to read: 44237. (

a) Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall require each applicant for employment in a position requiring contact with minor pupils to undergo a fingerprint-based state and national criminal history background check. Every employer shall submit to the Department of Justice fingerprint images and related information for individuals specified in this subdivision who are subject to a state and national criminal history background check pursuant to subdivision (

u) of

Section of the Penal Code. (b)

(1) As used in this section, “employer” means every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level.

(2) As used in this section, “employment” means the act of engaging the services of a person, who will have contact with pupils, to work in a position at a private school at the elementary or high school level on or after September 30, 1997, on a regular, paid full-time basis, regular, paid part-time basis, or paid full-time or part-time seasonal basis.

(3) As used in this section, “applicant” means any person who is seriously being considered for employment by an employer.

(4) This

section does not apply to a secondary school pupil working at the school they attend or a parent or legal guardian working exclusively with their children. (

c) The Department of Justice shall provide a state and federal response pursuant to subdivision (

p) of

Section of the Penal Code. (

d) An employer shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section. (e)

(1) An employer shall not employ a person who has been convicted of a violent or serious felony or a person who would be prohibited from employment by a public school district pursuant to any provision of this code because of their conviction for any crime.

(2) A person who would be prohibited from employment by a private school pursuant to paragraph (1) shall not, on or after July 1, 1999, own or operate a private school offering instruction on the elementary or high school level. (

f) An employer shall request subsequent arrest service from the Department of Justice as provided under

Section 11105.2 of the Penal Code. (

g) This

section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony. (

h) For purposes of this section, a violent felony is any felony listed in subdivision (

c) of

Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (

c) of

Section 1192.7 of the Penal Code. (

i) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code. (

j) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that they have been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the county in which they are a resident. (

k) The commission shall make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential. The information shall be identical to that made available to public schools in the state. The commission shall also send on a quarterly basis a complete and updated list of all teachers who have had their teaching credentials revoked or suspended, excluding teachers who have had their credentials reinstated, or who are deceased. (

l) The Department of Justice may charge a reasonable fee to cover costs associated with the processing, reviewing, and supplying of the criminal record

summary as required by this section. The fee shall not exceed the actual costs incurred by the Department of Justice. (

m) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section. (

n) All information obtained from the Department of Justice is confidential. Agencies handling Department of Justice information shall ensure the following:

(1) A recipient shall not disclose its contents or provide copies of information.

(2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records.

(3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (

a) of

Section of Title of the California Code of Regulations.

(4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections to 708, inclusive, of Title of the California Code of Regulations and

Section of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.

SEC.

Section 45125.1 of the Education Code is amended to read: 45125.1. (

a) Any entity that has a contract with a local educational agency shall ensure that any employee who interacts with pupils, outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee, has a valid criminal records

summary as described in

Section 44237. When the contracting entity performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to any local educational agency that it is contracting with pursuant to the subsequent arrest service. (b)

(1) This

section does not apply to an entity providing services to a local educational agency, as described in subdivision (a), in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable.

(2) Notwithstanding subdivision (a), an employee of any entity that has a contract with a local educational agency, and that offers work experience opportunities for pupils, including, but not limited to, opportunities pursuant to

Section 51760, 52336, 52372, 52410, or 52460,

Article 1 (commencing with

Section 52300),

Article 5 (commencing with

Section 52381), or

Article 7 (commencing with

Section 52450) of

Chapter of Part of Division 4,

Chapter 16.5 (commencing with

Section 53070) of Part of Division 4,

Article 5 (commencing with

Section 54690) of

Chapter of Part of Division 4, or

Part 54.5 (commencing with

Section 88820) of Division of Title 3, or workplace placements as part of a pupil’s individualized education program, including, but not limited to, the services described in

Article 3 (commencing with

Section 56470) of

Chapter 4.5 of Part of Division 4, is not required to have a valid criminal records

summary pursuant to subdivision (

a) if all of the following requirements are met: (

A) At least one adult employee in the workplace during the pupil’s work hours, who has direct contact with the pupil and has been designated by the employer as the employee of record who is responsible for the safety of the pupil, has a valid criminal records

summary as described in

Section 44237. (

B) A staff representative of the local educational agency makes visitations as specified in a pupil’s individualized education program, or, if unspecified, at least once every three weeks to consult with the pupil’s workplace liaison, observe the pupil at the workplace, and check in with the pupil to ensure the pupil’s health, safety, and welfare, including by addressing any concerns the pupil has raised. (

C) The parent or guardian of the pupil has signed a consent form regarding the pupil’s work placement, attesting that the parent or guardian understands the duties assigned to the pupil and the nature of the workplace environment.

(3) If a pupil participates in services provided by a contractor as part of an independent study program and the pupil is under the immediate supervision and control of the pupil’s parent or guardian during the provision of those services, the local educational agency shall do either of the following: (

A) Verify completion of a valid criminal records

summary for all employees of the contractor who interact with the pupil. (

B) Ensure that the parent or guardian of the pupil has signed a consent form before the pupil’s interaction with a person employed by the contractor, attesting that the parent or guardian understands that the person employed by the contractor has not completed a valid criminal records

summary as described in

Section 44237. (

c) On a case-by-case basis, a local educational agency may require an entity with whom it has a contract to comply with the requirements of this

section for employees in addition to those described in subdivision (a). The entity shall prepare and submit those employee’s fingerprints to the Department of Justice, as described in subdivision (a). (d)

(1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (

h) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (

h) has a pending criminal proceeding for a felony as defined in

Section 45122.1 or has been convicted of a felony as defined in

Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact.

(2) The Department of Justice, at its discretion, may notify the local educational agencies in instances when the employee is defined as having a pending criminal proceeding described in

Section 45122.1 or has been convicted of a felony as defined in

Section 45122.1.

(3) A request for records pursuant to this

section shall be conducted pursuant to

Section 11105.3 of the Penal Code. The Department of Justice shall provide a state and federal response pursuant to subdivision (

p) of

Section of the Penal Code. (e)

(1) An entity having a contract as described in subdivision (

a) or that is required to comply with this

section for other employees pursuant to subdivision (

c) shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in

Section 45122.1.

(2) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code.

(3) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the employee has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the local educational agency in which the employee is a resident. (

f) An entity having a contract as described in subdivision (

a) or that is required to comply with this

section for other employees pursuant to subdivision (

c) shall certify in writing to the local educational agency that neither the employer nor any of its employees who are required by this

section to submit or have their fingerprints submitted to the Department of Justice and who may interact with pupils have been convicted of a felony as defined in

Section 45122.1. (

g) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section. (h)

(1) For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a local educational agency, as described in subdivision (a), shall be considered an employee of that entity.

(2) To protect the safety of any pupil that may interact with an employee of an entity that is a sole proprietorship and has a contract as described in subdivision (

a) or that is required to comply with this

section for other employees pursuant to subdivision (c), a local educational agency shall prepare and submit the employee’s fingerprints to the Department of Justice, as described in subdivision (a). (

i) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SEC. 10.

Section of the Family Code is amended to read: 8908. (

a) A licensed adoption agency shall require each person filing an application for adoption to be fingerprinted and shall secure from an appropriate law enforcement agency any criminal record of that person to determine if the person has ever been convicted of a crime other than a minor traffic violation. The licensed adoption agency may also secure the person’s full criminal record, if any, with the exception of any convictions for which relief has been granted pursuant to

Section 1203.49 of the Penal Code. Any federal-level criminal offender record requests to the Department of Justice shall be submitted with fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and content of a record of an out-of-state or federal conviction or arrest of a person or information regarding any out-of-state or federal crimes or arrests for which the Department of Justice establishes that the person is free on bail, or on their own recognizance pending trial or appeal. The Department of Justice shall forward to the Federal Bureau of Investigation any requests for federal

summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and shall compile and disseminate a response to the licensed adoption agency. (

b) Notwithstanding subdivision (c), the criminal record, if any, shall be taken into consideration when evaluating the prospective adoptive parent, and an assessment of the effects of any criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court. (c)

(1) A licensed adoption agency shall not give final approval for an adoptive placement in any home in which the prospective adoptive parent, or any adult living in the prospective adoptive home, has a felony conviction for either of the following: (

A) A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subdivision, crimes involving violence means those violent crimes contained in clause (

i) of subparagraph (A), and subparagraph (B), of paragraph (1) of subdivision (

g) of

Section of the Health and Safety Code. (

B) A felony conviction that occurred within the last five years for physical assault, battery, or a drug- or alcohol-related offense.

(2) This subdivision shall become operative on October 1, 2008, and shall remain operative only to the extent that compliance with its provisions is required by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C.

Sec. 670 et seq.). (

d) Any fee charged by a law enforcement agency for fingerprinting or for checking or obtaining the criminal record of the applicant shall be paid by the applicant. The licensed adoption agency may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parents detrimental to the welfare of the adopted child.

SEC. 11.

Section of the Financial Code is amended to read: 1300. (

a) Notwithstanding the provisions of Sections 1051, 1052, and of the Labor Code and

Section of the Penal Code, a bank or any affiliate thereof, licensed under the laws of any state or of the United States, may require a director, an officer, an employee, or an applicant for employment to undergo a fingerprint-based state criminal history background check. (

b) If, upon evaluation of the criminal history information received pursuant to this section, the bank or affiliate determines that employment of the person fingerprinted would constitute an unreasonable risk to that bank or affiliate or its customers, the person may be denied employment. (

c) Banks and their affiliates shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (

a) who are subject to a state criminal history background check pursuant to subdivision (

u) of

Section of the Penal Code. (

d) The Department of Justice shall provide a state response pursuant to subdivision (

o) of

Section of the Penal Code. (

e) A bank or affiliate may request from the Department of Justice subsequent arrest notification service, as provided pursuant to

Section 11105.2 of the Penal Code, for persons described in subdivision (a). (

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. (g) “Affiliate,” as used in this section, means any corporation controlling, controlled by, or under common control with, a bank, whether directly, indirectly, or through one or more intermediaries.

SEC. 12.

Section of the Financial Code is amended to read: 17331. (

a) An applicant applying for licensure as an escrow agent under this division is required to apply for a Fidelity Corporation Certificate, prepared and issued by Fidelity Corporation, for each proposed shareholder, officer, director, trustee, manager, or employee who is to be directly or indirectly compensated by the escrow agent, prior to licensure of the escrow agent by the commissioner. (

b) A shareholder, officer, director, trustee, manager, or employee of an escrow agent, directly or indirectly compensated by an escrow agent within this state, is required to complete and execute a Fidelity Corporation Certificate application, prepared and issued by Fidelity Corporation, as a condition of their employment or entitlement to compensation, before the person may continue the regular discharge of their duties, or have access to moneys or negotiable securities belonging to or in the possession of the escrow agent, or draw checks upon the escrow agent or the trust funds of the escrow agent. (

c) Fidelity Corporation Certificates may also be known as Escrow Agent’s Fidelity Corporation Certificates or EAFC Certificates. The certificate at all times remains the property of Fidelity Corporation, and is not transferable by either a member or employee. The certificate is not a warranty or guarantee by Fidelity Corporation of the integrity, veracity, or competence of the person. (

d) An application for a Fidelity Corporation Certificate shall be in writing and in the form prescribed by Fidelity Corporation. The application may include (1) a fee not to exceed fifty dollars ($50), (2) two passport-size photographs, and (3) a set of fingerprint images and related information using the process established by the Department of Justice for requesting state

summary criminal history information, plus the fee charged by the Department of Justice for processing noncriminal applicant fingerprint images and related information, in a manner established by the Department of Justice pursuant to subdivision (l). The Department of Justice shall honor the Fidelity Corporation report request form and issue a report to Fidelity Corporation, notwithstanding any other provision of law or regulation to the contrary.

Fidelity Corporation is also entitled to submit a set of fingerprint images and related information in the Department of Justice specified noncriminal applicant fingerprint format for the purpose of requesting and obtaining a report from the Department of Justice, for the officers and employees of Fidelity Corporation. A member shall cause the filing of applications for all existing employees as required by this

section within days of written notice by Fidelity Corporation to the member. (

e) The application form shall include a provision for binding arbitration to allow for arbitration of any appeal or dispute as to a decision by Fidelity Corporation concerning the certificate, as follows: A DISPUTE AS TO WHETHER THE DENIAL OF THIS CERTIFICATE APPLICATION OR ANY SUBSEQUENT SUSPENSION OR REVOCATION OF THE CERTIFICATE IS UNNECESSARY OR UNAUTHORIZED OR WAS IMPROPERLY, NEGLIGENTLY, OR UNLAWFULLY RENDERED, MAY BE DETERMINED BY SUBMISSION TO ARBITRATION AS PROVIDED BY CALIFORNIA LAW, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS EXCEPT AS CALIFORNIA LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS OR EXCEPT AS PROVIDED BY

SECTION 17331.3 OF THE FINANCIAL CODE. THE APPLICANT MAY, SUBJECT TO AGREEMENT, SUBMIT ANY ISSUE ARISING FROM A DECISION BY FIDELITY CORPORATION TO DENY THIS CERTIFICATE APPLICATION OR TO SUSPEND OR REVOKE THE CERTIFICATE TO BE DECIDED BY BINDING NEUTRAL ARBITRATION. UPON AN AGREEMENT TO SUBMIT TO BINDING NEUTRAL ARBITRATION, THE APPLICANT HAS NO RIGHT TO HAVE ANY DISPUTE CONCERNING THIS CERTIFICATE APPLICATION LITIGATED IN A COURT OR JURY TRIAL NOR ANY JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, EXCEPT AS SPECIFICALLY PROVIDED IN THE ESCROW LAW. ARBITRATION MAY BE COMPELLED AS PROVIDED BY LAW. (

f) There is no liability on the part of and no cause of action of any nature may arise against Fidelity Corporation or its members, directors, officers, employees, or agents, the State of California, the Department of Financial Protection and Innovation, or any officer, agent, or employee of the state or the Department of Financial Protection and Innovation for statements made by Fidelity Corporation in reports or recommendations made pursuant to this division, or for reports or recommendations made pursuant to this division to Fidelity Corporation by its members, directors, officers, employees, or agents, the State of California, the Department of Financial Protection and Innovation, or any officer, agent, or employee of the state or the Department of Financial Protection and Innovation, unless the information provided is false and the party making the statement or providing the false information does so with knowledge and malice.

Reports or recommendations made pursuant to this section, or

Section 17331.1, 17331.2, or 17331.3, are not public documents. (

g) There is no liability on the part of and no cause of action of any nature may arise against Fidelity Corporation or its members, directors, officers, employees, or agents, the State of California, the Department of Financial Protection and Innovation, or an officer, agent, or employee of the state or the Department of Financial Protection and Innovation for the release of any information furnished to Fidelity Corporation pursuant to this

section unless the information released is false and the party, including Fidelity Corporation, its members, directors, officers, employees, or agents, the state, the Department of Financial Protection and Innovation, or any officer, agent, or employee of the state or the Department of Financial Protection and Innovation, who releases the false information does so with knowledge and malice. (

h) There is no liability on the part of and no cause of action of any nature may arise against Fidelity Corporation or its directors, officers, employees, or agents, for any decision to deny an application for a certificate or to suspend or revoke the certificate of any person or for the timing of any decision or the timing of any notice to persons or members thereof, or for any failure to deny an application under subdivision (

a) of

Section 17331.2. This subdivision does not apply to acts performed in bad faith or with malice. (

i) Fidelity Corporation, any member of Fidelity Corporation, an agent of Fidelity Corporation or of its members, or any person who uses any information obtained under this

section for any purpose not authorized by this

chapter is guilty of a misdemeanor. (

j) Section 17331, 17331.1, or 17331.2 does not constitute a restriction or limitation upon the obligation of Fidelity Corporation to indemnify members against loss, as provided in Sections and 17314. The failure to obtain a certificate, the denial of an application for a certificate, or the suspension, cancellation, or revocation of a certificate does not limit the obligation of Fidelity Corporation to indemnify a member against loss. (

k) Notwithstanding

Section of the Penal Code, Fidelity Corporation is entitled to receive state

summary criminal history information and subsequent arrest notification from the Department of Justice as a result of fingerprint images and related information submitted to the Department of Justice by the Department of Financial Protection and Innovation, pursuant to subdivision (

g) of

Section 17209,

Section 17212.1, and subdivision (

d) of

Section 17414.1, by or on behalf of escrow agents, shareholders, officers, directors, trustees, managers, or employees of an escrow agent, directly or indirectly compensated by an escrow agent. The Department of Justice and Fidelity Corporation shall enter into an agreement to implement this subdivision. The Department of Financial Protection and Innovation shall forward to Fidelity Corporation, weekly, a list of names of individual fingerprints submitted to the Department of Justice. ( l )

(1) The Department of Financial Protection and Innovation shall submit to the Department of Justice fingerprint images and related information for licensed escrow agents pursuant to subdivision (

u) of

Section of the Penal Code.

(2) The Department of Justice shall provide a state and federal response to the Department of Financial Protection and Innovation pursuant to subdivision (

p) of

Section of the Penal Code. The Department of Justice shall provide a state response to Fidelity Corporation pursuant to subdivision (

p) of

Section of the Penal Code.

SEC. 13.

Section of the Harbors and Navigation Code is amended to read: 725. (

a) A temporary license may be issued to a salesperson under the following conditions:

(1) The license shall be issued for a period not to exceed days and only one license shall be issued to each applicant.

(2) An application shall be filed for a temporary license and for a permanent license and at the same time the applicant shall pay all the prescribed fees.

(3) The application shall be in the form and upon the conditions required by the department as provided in this

article with respect to a permanent salesperson’s license.

(4) On or before the expiration date of the temporary license, the licensee shall take a written examination for a permanent license. If, without a valid excuse, the licensee fails to appear for the examination at the time prescribed, the examination fee shall be forfeited. In the event of failure to pass the required examination, the department shall notify the applicant, may suggest further study, and upon payment of fees, shall

schedule a reexamination.

(5) The applicant shall be at least years of age. (

b) Notwithstanding paragraph (1) of subdivision (a), the director may, in their discretion, extend the term of a temporary license or issue a new temporary license to provide an applicant time to comply with

Section 733.5.

SEC. 14.

Section of the Health and Safety Code is amended to read: 1522. The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a community care facility, foster family home, certified family home or resource family of a licensed foster family agency, or a tribally approved home.

Therefore, the Legislature supports the use of the fingerprint live-scan technology, as identified in the long-range plan of the Department of Justice for fully automating the processing of fingerprints and other data by the year 1999, otherwise known as the California Crime Information Intelligence System (CAL-CII), to be used for applicant fingerprints. It is the intent of the Legislature in enacting this

section to require the fingerprints of those individuals whose contact with community care clients may pose a risk to the clients’ health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before their initial presence in a community care facility or certified family home. (a)

(1) Before and, as applicable, subsequent to issuing a license or special permit to a person to operate or manage a community care facility, the State Department of Social Services shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (

b) has been convicted of a crime other than an infraction or arrested for a crime specified in

Section of the Penal Code, or for violating

Section 245, 273ab, or 273.5 of the Penal Code, subdivision (

b) of

Section 273a of the Penal Code, or, prior to January 1, 1994, paragraph (2) of

Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g).

(2) The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to

Section 11105.2 of the Penal Code.

(3) The following shall apply to the criminal record information: (

A) If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), has been convicted of a crime other than an infraction, the application shall be denied, unless the department grants an exemption pursuant to subdivision (

g) of this

section or

Section 1522.7. (

B) If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), is awaiting trial for a crime other than an infraction the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial. (

C) If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact. (

D) If the State Department of Social Services finds, after licensure, that the licensee, or any other person specified in paragraph (1) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the department grants an exemption pursuant to subdivision (g). (

E) An applicant and any other person specified in subdivision (

b) shall submit fingerprint images and related information to the Department of Justice for the purpose of searching the criminal records of the Federal Bureau of Investigation, in addition to the criminal records search required by this subdivision. If, after licensure, or the issuance of a certificate of approval of a certified family home by a foster family agency, the department determines that the licensee or any other person specified in subdivision (

b) has a criminal record, the department may revoke the license, or require a foster family agency to revoke the certificate of approval, pursuant to

Section 1550. The department may also suspend the license or require a foster family agency to suspend the certificate of approval pending an administrative hearing pursuant to

Section 1550.5. (

F) The State Department of Social Services shall develop procedures to provide the individual’s state and federal criminal history information with the written notification of the individual’s exemption denial or revocation based on the criminal record. Receipt of the criminal history information shall be optional on the part of the individual, as set forth in the agency’s procedures. The procedure shall protect the confidentiality and privacy of the individual’s record, and the criminal history information shall not be made available to the employer. (

G) Notwithstanding any other law, the department may provide an individual with a copy of the individual’s state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent.

The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in the individual’s written request. The department shall retain a copy of the individual’s written request and the response and date provided. (b)

(1) In addition to the applicant, this

section is applicable to criminal record clearances and exemptions for the following persons: (

A) An administrator, supervisor, manager, or director of the facility, or an individual acting in these roles, and an adult responsible for administration, operation of the facility, or direct supervision of staff. (

B) Any adult, other than a client, residing in the facility, certified family home, resource family home, or tribally approved home. (

C) Any person who provides client assistance in dressing, grooming, bathing, or personal hygiene. Any nurse assistant or home health aide meeting the requirements of

Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or recertified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of their current certification, prior to providing care, to the community care facility.

The facility shall maintain the copy of the certification on file as long as care is being provided by the certified nurse assistant or certified home health aide at the facility or in a certified family home or resource family home of a foster family agency. This paragraph does not restrict the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed community care facility or certified family home or resource family home of a foster family agency pursuant to

Section 1558. (

D) An adult or minor who is a staff person, volunteer, or employee who has contact with the clients. (

E) Any adult who works in a community care facility that is eligible to accept placement of a dependent child. (

F) If the applicant is a firm, partnership, association, limited liability company, or corporation, the chief executive officer and members of the board of directors, or governing body, and an individual responsible or accountable for the operation of the facility. (

G) Officers of the governing body of the applicant, a person with a 10-percent or greater financial interest, and a person who exercises substantial influence over the operation of the facility.

(2) The following persons are exempt from the requirements applicable under paragraph (1): (

A) A medical professional, as defined in department regulations, who holds a valid license or certification from the person’s governing California medical care regulatory entity and who is not employed, retained, or contracted by the licensee if all of the following apply: (

i) The criminal record of the person has been cleared as a condition of licensure or certification by the person’s governing California medical care regulatory entity. (ii) The person is providing time-limited specialized clinical care or services. (iii) The person is providing care or services within the person’s scope of practice. (iv) The person is not a community care facility licensee or an employee of the facility. (

B) A third-party repair person or similar retained contractor or vendor if all of the following apply: (

i) The person is hired for a defined, time-limited job. (ii) The person is not left alone with clients. (iii) When clients are present in the room in which the repair person or contractor is working, a staff person who has a criminal record clearance or exemption is also present. (

C) Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who have a contract with a client or resident of the facility, certified family home, or resource family home and are in the facility, certified family home, or resource family home at the request of that client or resident’s legal decisionmaker. The exemption does not apply to a person who is a community care facility licensee or an employee of the facility. (

D) Clergy and other spiritual caregivers who are performing services in common areas of the community care facility, certified family home, resource family home, or tribally approved home or who are advising an individual client at the request of, or with the permission of, the client or legal decisionmaker, are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption does not apply to a person who is a community care licensee or employee of the facility. (

E) Members of a fraternal, community, or service organization who conducts group activities for clients if all of the following apply: (

i) Members are not left alone with clients. (ii) Members do not transport clients off the facility, certified family home, or resource family home premises. (iii) The same organization does not conduct group activities for clients more often than defined by the department’s regulations.

(3) In addition to the exemptions in paragraph (2), the following persons in foster family homes, resource family homes, certified family homes, tribally approved homes, and small family homes are exempt from the requirements applicable under paragraph (1): (

A) Adult friends and family of the foster parent, who come into the home to visit for a length of time no longer than defined by the department in regulations, provided that the adult friends and family of the foster parent are not left alone with the foster children. However, the foster parent, acting as a reasonable and prudent parent, as defined in paragraph (2) of subdivision (

a) of

Section 362.04 of the Welfare and Institutions Code, may allow their adult friends and family to provide short-term care to the foster child and act as an appropriate occasional short-term babysitter for the child. (

B) Parents of a foster child’s friend when the foster child is visiting the friend’s home and the friend, foster parent, or both are also present. However, the foster parent, acting as a reasonable and prudent parent, may allow the parent of the foster child’s friend to act as an appropriate, occasional short-term babysitter for the child without the friend being present. (

C) Individuals who are engaged by a foster parent to provide short-term care to the child for periods not to exceed hours. Caregivers shall use a reasonable and prudent parent standard in selecting appropriate individuals to act as appropriate occasional short-term babysitters.

(4) In addition to the exemptions specified in paragraph (2), the following persons in adult day care and adult day support centers are exempt from the requirements applicable under paragraph (1): (

A) Unless contraindicated by the client’s individualized program plan (IPP) or needs and service plan, a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to the client. (

B) A volunteer if all of the following apply: (

i) The volunteer is supervised by the licensee or a facility employee with a criminal record clearance or exemption. (ii) The volunteer is never left alone with clients. (iii) The volunteer does not provide client assistance with dressing, grooming, bathing, or personal hygiene other than washing of hands. (5) (

A) In addition to the exemptions specified in paragraph (2), the following persons in adult residential and social rehabilitation facilities, unless contraindicated by the client’s individualized program plan (IPP) or needs and services plan, are exempt from the requirements applicable under paragraph (1): a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to that client. (

B) This subdivision does not prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has client contact.

(6) A person similar to those described in paragraphs (2) to (5), inclusive, as defined by the department in regulation, is exempt from the requirements applicable under paragraph (1). (c)

(1) Subsequent to initial licensure, a person specified in subdivision (

b) who is not exempted from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification pursuant to subdivision (

g) of this

section or

Section 1522.7 from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (

b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or comply with paragraph (1) of subdivision (h).

These fingerprint images and related information shall be sent by electronic transmission in a manner approved by the State Department of Social Services and the Department of Justice for the purpose of obtaining a permanent set of fingerprints, and shall be submitted to the Department of Justice by the licensee. A licensee’s failure to prohibit the employment, residence, or initial presence of a person specified in subdivision (

b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (

g) or to comply with paragraph (1) of subdivision (h), as required in this section, shall result in the citation of a deficiency and the immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of days, and shall be grounds for disciplining the licensee pursuant to

Section 1550. The department may assess civil penalties for continued violations as permitted by

Section 1548. The fingerprint images and related information shall then be submitted to the Department of Justice for processing. Upon request of the licensee, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprints. The department shall not require the person to disclose their criminal history information prior to receipt of the live scan results.

(2) Within calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided in subdivision (a). If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within calendar days of receipt of the fingerprint images. Documentation of the individual’s clearance or exemption from disqualification shall be maintained by the licensee and be available for inspection.

If new fingerprint images are required for processing, the Department of Justice shall, within calendar days from the date of receipt of the fingerprints, notify the licensee that the fingerprints were illegible, the Department of Justice shall notify the State Department of Social Services, as required by

Section 1522.04, and shall also notify the licensee by mail, within days of electronic transmission of the fingerprints to the Department of Justice, if the person has no criminal history recorded. A violation of the regulations adopted pursuant to

Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of days, and shall be grounds for disciplining the licensee pursuant to

Section 1550. The department may assess civil penalties for continued violations as permitted by

Section 1548.

(3) Except for persons specified in subdivision (

b) who are exempt from fingerprinting, the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted. If it is determined by the State Department of Social Services, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification pursuant to subdivision (g), the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in

Section 243.4, 273a, 273ab, 273d, 273g, or of the Penal Code, or a felony, the State Department of Social Services shall notify the licensee to act immediately to terminate the person’s employment, remove the person from the community care facility, or bar the person from entering the community care facility. The State Department of Social Services may subsequently grant an exemption from disqualification pursuant to subdivision (g). If the conviction or arrest was for another crime, except an infraction, the licensee shall, upon notification by the State Department of Social Services, act immediately to either (

A) terminate the person’s employment, remove the person from the community care facility, or bar the person from entering the community care facility; or (

B) seek an exemption from disqualification pursuant to subdivision (g). The State Department of Social Services shall determine if the person shall be allowed to remain in the facility until a decision on the exemption from disqualification is rendered. A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day and shall be grounds for disciplining the licensee pursuant to

Section 1550.

(4) The department may issue an exemption from disqualification on its own motion pursuant to subdivision (

g) if the person’s criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption from disqualification pursuant to this paragraph.

(5) Concurrently with notifying the licensee pursuant to paragraph (3), the department shall notify the affected individual of their right to seek an exemption from disqualification pursuant to subdivision (g). The individual may seek an exemption from disqualification only if the licensee terminates the person’s employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (3). (d)

(1) Before and, as applicable, subsequent to issuing a license or certificate of approval to a person or persons to operate a foster family home, certified family home as described in

Section 1506, or resource family pursuant to

Section of this code or

Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services or other approving authority shall secure California and Federal Bureau of Investigation criminal history information to determine whether the applicant or any person specified in subdivision (

b) who is not exempt from fingerprinting has ever been convicted of a crime other than an infraction or arrested for a crime specified in subdivision (

c) of

Section of the Penal Code, for violating

Section 245, 273ab, or 273.5, subdivision (

b) of

Section 273a, or, prior to January 1, 1994, paragraph (2) of

Section 273a, of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g). The State Department of Social Services or other approving authority shall not issue a license or certificate of approval to a foster family home, certified family home, or resource family applicant who has not obtained both a California and Federal Bureau of Investigation criminal record clearance or exemption from disqualification pursuant to subdivision (g).

(2) The criminal history information shall include the full criminal record, if any, of those persons.

(3) Neither the Department of Justice nor the State Department of Social Services may charge a fee for the fingerprinting of an applicant for a license, special permit, or certificate of approval described in this subdivision. The record, if any, shall be taken into consideration when evaluating a prospective applicant.

(4) The following shall apply to the criminal record information: (

A) If the applicant or other persons specified in subdivision (

b) who are not exempt from fingerprinting have convictions that would make the applicant’s home unfit as a foster family home, a certified family home, or resource family, the license, special permit, certificate of approval, or presence shall be denied. (

B) If the State Department of Social Services finds that the applicant, or any person specified in subdivision (

b) who is not exempt from fingerprinting, is awaiting trial for a crime other than an infraction, the State Department of Social Services or other approving authority may cease processing the criminal record information until the conclusion of the trial. (

C) For purposes of this subdivision, a criminal record clearance provided under

Section of the Family Code may be used by the department or other approving authority. (

D) To the same extent required for federal funding, a person specified in subdivision (

b) who is not exempt from fingerprinting shall submit a set of fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the criminal records search required by subdivision (a).

(5) Any person specified in this subdivision shall, as a part of the application, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions or arrests for any crime against a child, spousal or cohabitant abuse, or a crime for which the department cannot grant an exemption if the person was convicted and shall submit these fingerprints to the licensing agency or other approving authority. (6) (

A) Subsequent to initial licensure, certification, or approval, a person specified in subdivision (

b) who is not exempt from fingerprinting shall obtain both a California and Federal Bureau of Investigation criminal record clearance, or an exemption from disqualification pursuant to subdivision (g), prior to employment, residence, or initial presence in the foster family home, certified family home, or resource family home. A foster family home licensee or foster family agency shall submit fingerprint images and related information of persons specified in subdivision (

b) who are not exempt from fingerprinting to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or to comply with paragraph (1) of subdivision (h). A foster family home licensee’s or a foster family agency’s failure to either prohibit the employment, residence, or initial presence of a person specified in subdivision (

b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g), or comply with paragraph (1) of subdivision (h), as required in this section, shall result in a citation of a deficiency, and the immediate civil penalties of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of days, and shall be grounds for disciplining the licensee pursuant to

Section 1550. A violation of the regulation adopted pursuant to

Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of days, and shall be grounds for disciplining the foster family home licensee or the foster family agency pursuant to

Section 1550. The State Department of Social Services may assess penalties for continued violations, as permitted by

Section 1548. The fingerprint images shall then be submitted to the Department of Justice for processing. (

B) Upon request of the licensee, who shall enclose a self-addressed envelope for this purpose, the Department of Justice shall verify receipt of the fingerprints. Within five working days of the receipt of the criminal record or information regarding criminal convictions from the Department of Justice, the department shall notify the applicant of any criminal arrests or convictions. If no arrests or convictions are recorded, the Department of Justice shall provide the foster family home licensee or the foster family agency with a statement of that fact concurrent with providing the information to the State Department of Social Services.

(7) If the State Department of Social Services or other approving authority finds that the applicant, or any other person specified in subdivision (

b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the application or presence shall be denied, unless the department grants an exemption from disqualification pursuant to subdivision (g).

(8) If the State Department of Social Services or other approving authority finds, after licensure or the granting of the certificate of approval, that the licensee, certified foster parent, resource family, or any other person specified in subdivision (

b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the license or certificate of approval may be revoked or rescinded by the department or the foster family agency, whichever is applicable, unless the department grants an exemption from disqualification pursuant to subdivision (g). A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by paragraph (3) of subdivision (

c) shall be grounds for disciplining the licensee pursuant to

Section 1550. (e)

(1) The State Department of Social Services shall not use a record of arrest to deny, revoke, rescind, or terminate an application, license, certificate of approval, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of a person who is or may become a client.

(2) The department shall not issue a criminal record clearance to a person who has been arrested for a crime specified in

Section of the Penal Code, or for violating

Section 245, 273ab, or 273.5, or subdivision (

b) of

Section 273a, of the Penal Code, or, prior to January 1, 1994, paragraph (2) of

Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g), prior to the completion of an investigation pursuant to paragraph (1).

(3) The State Department of Social Services is authorized to obtain arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility. (f)

(1) For purposes of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

Any action that the State Department of Social Services is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

For purposes of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a criminal action pursuant to

Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other law prohibiting the admission of these documents in a civil or administrative action.

(2) For purposes of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state. (g)

(1) Except as otherwise provided in this subdivision with respect to a foster care provider applicant, including a relative caregiver, nonrelative extended family member, or resource family, after review of the record, the department may grant an exemption from disqualification for a license or special permit as specified in paragraph (4) of subdivision (a), or for a license, special permit, or certificate of approval as specified in paragraphs (4), (7), and (8) of subdivision (d), or for employment, residence, or presence in a community care facility as specified in paragraphs (3), (4), and (5) of subdivision (c), if the department has substantial and convincing evidence to support a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is rehabilitated and is presently of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c).

Except as otherwise provided in this subdivision, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses: (A) (

i) An offense specified in

Section 220, 243.4, or 264.1, subdivision (

a) of

Section 273a, or, prior to January 1, 1994, paragraph (1) of

Section 273a,

Section 273ab, 273d, 288, or 289, subdivision (

c) of

Section 290, or

Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (

c) of

Section 667.5 of the Penal Code. (ii) Notwithstanding clause (i), the department may grant an exemption regarding the conviction for an offense described in paragraph (1), (2), (7), or (8) of subdivision (

c) of

Section 667.5 of the Penal Code, if the employee or prospective employee has been rehabilitated as provided in

Section 4852.03 of the Penal Code, has maintained the conduct required in

Section 4852.05 of the Penal Code for at least years, and has the recommendation of the district attorney representing the employee’s county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code. (

B) A felony offense specified in

Section of the Business and Professions Code or

Section or 215, subdivision (

a) of

Section 347, subdivision (

b) of

Section 417, or subdivision (

a) of

Section of the Penal Code. (C) (

i) Notwithstanding clause (ii) of subparagraph (A), an exemption shall not be granted pursuant to this subdivision to any applicant for licensure of a community care facility eligible to accept placement of a dependent child if either that applicant or any other person specified in subdivision (

b) who is associated with the facility has a felony conviction for either of the following offenses: (

I) A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subclause, a crime involving violence means a violent crime specified in clause (

i) of subparagraph (

A) or subparagraph (B). (II) A felony conviction for physical assault, battery, or a drug- or alcohol-related offense that occurred within the last five years. (ii) This subparagraph shall be operative to the extent that compliance with these provisions is required by federal law as a condition for receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C.

Sec. 670 et seq.). (2) (

A) For a foster care provider applicant, a resource family applicant, a tribally approved home applicant, or a prospective respite care provider, as described in

Section 16501.01 of the Welfare and Institutions Code, except as specified in clause (iv), an exemption shall not be granted if that applicant, or any individual subject to the background check requirements of this

section pursuant to foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, has a conviction within the past years for any of the following offenses: (

i) An offense specified in

Section 220, 243.4, or 264.1, subdivision (

a) of

Section 273a, or, prior to January 1, 1994, paragraph (1) of

Section 273a,

Section 273ab, 273d, 288, or 289, subdivision (

c) of

Section 290, or

Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (

c) of

Section 667.5 of the Penal Code. (ii) A felony offense specified in

Section of the Business and Professions Code or

Section or 215, subdivision (

a) of

Section 347, subdivision (

b) of

Section 417, or subdivision (

a) of

Section of the Penal Code. (iii) Except as specified in clause (iv), an exemption shall not be granted pursuant to this subdivision to a