35021.1.
(a) (1) A school district, county office of education, or charter school may request a local law enforcement agency to conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether the prospective nonteaching volunteer aide has been convicted of a sex offense as defined in Section 44010, a felony controlled substance offense that involves a minor as specified in Section 11353, 11353.1, 11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7, 11380, or 11380.1 of, or subdivision (b) or (c) of Section 11353.6 of, the Health and Safety Code, or a violent or serious felony as defined in Section 45122.1.(2) Except as specified in paragraph (5), a person who would be prohibited from employment or retention in employment due to conviction of a sex offense or a violent or serious felony under Section 44836 or 45122.1 shall be prohibited from serving as a nonteaching volunteer aide.
(3) Except as specified in paragraph (5), a person who has been convicted of a felony controlled substance offense that involves a minor as specified in Section 11353, 11353.1, 11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7, 11380, or 11380.1 of, or subdivision (b) or (c) of Section 11353.6 of, the Health and Safety Code shall be prohibited from serving as a nonteaching volunteer aide.
(4) Except as specified in paragraph (5), a person who has been convicted of a controlled substance offense that involves a minor in another state that would be classified as a felony controlled substance offense in the State of California, as specified in Section 11353, 11353.1, 11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7, 11380, or 11380.1 of, or subdivision (b) or (c) of Section 11353.6 of, the Health and Safety Code, shall be prohibited from serving as a nonteaching volunteer aide.
(5) A person who has been convicted of a felony controlled substance offense that involves a minor as specified in Section 11353, 11353.1, 11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7, 11380, or 11380.1 of, or subdivision (b) or (c) of Section 11353.6 of, the Health and Safety Code, or a person who has been convicted of a controlled substance offense that involves a minor in another state that would be classified as a felony controlled substance offense in the State of California, as specified in Section 11353, 11353.1, 11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7, 11380, or 11380.1 of, or subdivision (b) or (c) of Section 11353.6 of, the Health and Safety Code, or a person who has been convicted of a violent or serious felony under Section 45122.1 shall not be prohibited, solely because of that conviction, from serving as a nonteaching volunteer aide, five years after the date of that conviction.
(b) A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether the prospective nonteaching volunteer aide has been convicted of any sex offense as defined in Section 44010. A plea or verdict of guilty, a finding of guilt by a court in a trial without jury, or a conviction following a plea of nolo contendere shall be deemed to be a conviction within the meaning of this section. If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or district, county office of education education, or charter school within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency.