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AB-1027 Youth sports: criminal background checks.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1027


Introduced by Assembly Member Bonilla
(Principal coauthor: Senator DeSaulnier)
(Coauthors: Assembly Members Bonta, Campos, Dickinson, Frazier, Gray, Lowenthal, Medina, Mitchell, Perea, and Quirk-Silva)

February 22, 2013


An act to add Section 11105.07 to the Penal Code, relating to criminal history.


LEGISLATIVE COUNSEL'S DIGEST


AB 1027, as introduced, Bonilla. Youth sports: criminal background checks.
Existing law authorizes specified entities to receive state summary criminal history information from the Department of Justice. Existing law also requires mandated reporters, as defined, to report child abuse and neglect to local law enforcement.
This bill would require the department to provide state summary criminal history information to the director of a community youth athletics program, or his or her designee, for the purposes of screening volunteers or employees who are left alone with minors and would prohibit a person from having access to minors as an employee or volunteer if the person has been convicted of or pled guilty or nolo contendere to, a crime of child abuse, sexual abuse, or domestic violence. The bill would provide that completing the background check does not limit the liability of a mandated reporter.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11105.07 is added to the Penal Code, to read:

11105.07.
 (a) In addition to furnishing state summary criminal history information to the persons and entities set forth in Section 11105 and subject to the requirements and conditions set forth in that section, the Attorney General shall furnish state summary criminal history information to the director of a community youth athletics program, or his or her designee, for the purposes of screening any volunteer or employee who is left alone with minors under 18 years of age. No recipient may disclose the contents on the state summary criminal history information or provide copies of information. Information received shall be stored in a locked file, separate from other files, and shall only be accessible to the custodian of records.
(b) A person may not have access to minors under 18 years of age as a volunteer or employee if he or she has been convicted of, or pled guilty or nolo contendere to, a crime of child abuse, sexual abuse, or domestic violence. Violation of this subdivision is not a crime.
(c) This section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.