15660.
(a) The Department of Justice shall secure any criminal record of a person to determine whether the person has been convicted within the last 10 years of a sex offense against a minor; a violation of Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368, of the Penal Code; or theft, robbery, burglary, or any felony, if both of the following conditions are met:(1) An employer of the person requests the determination and submits fingerprints of the person to the Department of Justice. For purposes of this paragraph, “employer” includes, but is not limited to, an in-home supportive services recipient, as defined by Section 12302.2; a public authority or nonprofit consortium, as defined by Section 12301.6; and any recipient of personal care services under the Medi-Cal program pursuant to Section 14132.95.
(2) The person is unlicensed and provides nonmedical domestic or personal care to an aged or disabled adult in the adult’s own home.
(b) (1) If it is found that the person has been convicted within the last 10 years of a sex offense against a minor; a violation of Section 243.4, 273a, 273d, or subdivision (a) or (b) of Section 368, of the Penal Code; or theft, robbery, burglary, or any felony, the Department of Justice shall notify the employer of that fact. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact.
(2) Any employer may deny employment to any person who is the subject of a report under paragraph (1) when the report indicates that the person has committed any of the crimes identified in paragraph (1).
(3) Nothing in this section shall be construed to require any employer to hire any person who is the subject of a report under paragraph (1) when the report indicates that the person has not committed any of the crimes indicated in paragraph (1).
(c) (1) Fingerprints shall be on a card provided by the Department of Justice for the purpose of obtaining a set of fingerprints. The employer shall submit the fingerprints to the Department of Justice. Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the employer of the criminal record information, as provided in this subdivision. If no criminal record information has been recorded, the Department of Justice shall provide the employer with a statement of that fact as soon as possible, but not later than 30 calendar days of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, as soon as possible, but not later than 30 calendar days from the date of receipt of the fingerprints, notify the employer that the fingerprints were illegible.
(2) Fingerprints may be taken by any local law enforcement officer or agency for purposes of paragraph (1).
(3) Counties shall notify any recipient of, or applicant for, in-home supportive services or personal care services under the Medi-Cal program, upon his or her application for in-home supportive services or personal care services or during his or her annual redetermination, or upon the recipient’s changing providers, that a criminal record check is available, and that the check can be performed by the Department of Justice.
(d) Except as provided in subdivision (e), the Department of Justice shall charge a fee to the employer to cover the costs of administering this section.
(e) (1) The fee charged by the Department of Justice for the report authorized by this section shall be waived for up to 50,000 submissions received during a fiscal year, for any of the following employers who request a report on a person who is not a member of the recipient’s family:
(A) An employer who is an in-home supportive services recipient under Section 12302.2.
(B) An employer who is an individual provider mode recipient of personal care services under Section 14132.95.
(2) The department may not increase the applicant processing fee in order to defray the cost of fees waived pursuant to this subdivision.
(f) It is the intent of the Legislature that the Department of Justice charge a fee to cover its cost in providing services in accordance with this section to comply with the 30-calendar day requirement for provision to the department of the criminal record information, as contained in subdivision (c).
(g) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003, deletes or extends that date.