(a)

(1) A transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each participating driver that shall include both of the following: (

A) The use of a multistate and multijurisdiction criminal records locator or other similar commercial nationwide database with validation. (

B) A search of the United States Department of Justice National Sex Offender Public website.

(2) A transportation network company shall not contract with, employ, or retain a driver if the driver meets either of the following criteria: (

A) Is currently registered on the United States Department of Justice National Sex Offender Public website. (

B) Has been convicted of any of the following offenses: (

i) A violent felony, as defined in

Section 667.5 of the Penal Code. (ii) A violation of

Section 236.1, 11413, 11418, 11418.5, or of the Penal Code.

(3) A transportation network company shall not contract with, employ, or retain a driver if the driver has been convicted of any of the following offenses within the previous seven years: (

A) Misdemeanor assault or battery. (

B) A domestic violence offense. (

C) Driving under the influence of alcohol or drugs. (

D) A felony violation of

Section of the Elections Code, or of

Section 67, 68, 85, 86, 92, 93, 137, 138, 165, 518, or of, subdivision (

a) of

Section of, or subdivision (

a) of

Section of, the Penal Code. (4) Paragraphs (2) and (3) apply with respect to a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in those paragraphs.

(5) This

section shall not be interpreted to prevent a transportation network company from imposing additional standards. (

b) A transportation network company that violates, or fails to comply with, this

section is subject to a penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each offense. (c)

(1) Notwithstanding

Section 1786.12 of the Civil Code, an investigative consumer reporting agency may furnish an investigative consumer report to a transportation network company about a person seeking to become a participating driver, regardless of whether the participating driver is to be an employee or an independent contractor of the transportation network company. (2) Paragraph (7) of subdivision (

a) of

Section 1786.18 of the Civil Code does not apply to an investigative consumer report furnished to a transportation network company pursuant to paragraph (1).