Brian Maienschein
- Democratic
- Assemblymember
- District 76
Author
Under existing law, the State Department of Social Services licenses and regulates, among other things, community care facilities, foster family home or certified family home, residential care facilities for persons with a chronic, life-threatening illness, residential care facilities for the elderly, and child day cares. Existing law requires the department, prior to issuing a license or special permit to operate any of those facilities, to secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person, as specified, has been convicted of a crime other than a minor traffic violation, or arrested for certain crimes, or for any crime for which the department cannot grant an exemption if the person was convicted and the person has not been exonerated. Existing law requires an individual to obtain either a criminal record clearance or a criminal record exemption from the department prior to his or her employment, residence, or initial presence in those facilities listed above. Existing law prohibits the department from using a record of arrest to deny, revoke, or terminate any application, license, employment, or residence unless the department investigates the incident and secures evidence that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of any person who is or may become a client. This bill would prohibit the department, with regard to those facilities, from issuing a criminal record clearance to a person who has violated or who has been arrested for specified crimes or for any crime for which the department is prohibited from granting a criminal record exemption prior to the department's completion of an investigation of the incident to establish conduct by the person that may pose a risk to the health and safety of any person who is or may become a client. The bill would also require the department, subsequent to licensing but prior to a person's employment, residence, or initial presence in a specified facility, to secure from an appropriate law enforcement agency a criminal record to determine whether a person not exempt from fingerprinting or other person, as specified, has been convicted of a crime other than a minor traffic violation, arrested for certain crimes, or for any crime for which the department cannot grant an exemption.
Chaptered by Secretary of State - Chapter 824, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly Rule 77 suspended. (Page 6239.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6248.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4608.).
Read second time and amended. Ordered to third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 24). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5203.)
Read second time. Ordered to consent calendar.
From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 21).
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 29).
From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.
Read first time.
From printer. May be heard in committee March 25.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB2632 | HTML |
| 02/21/14 - Introduced | |
| 03/28/14 - Amended Assembly | |
| 05/07/14 - Amended Assembly | |
| 06/18/14 - Amended Senate | |
| 08/05/14 - Amended Senate | |
| 08/22/14 - Enrolled | |
| 09/29/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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