§ 379. — 379. (Amended by Stats. 2013, Ch. 334, Sec. 23.)

California § 379.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 1.: DIVISION 1. FINANCIAL INSTITUTIONS
• Ch. 3.: CHAPTER 3. Department of Financial Protection and Innovation
• Art. 4.: ARTICLE 4. Administration of the Department

Text

(a)
For the purposes of this section the following definitions shall apply:
(1)
“Control” has the meaning set forth in subdivision (b) of Section 1250. “Control” also means the ownership of a subject person by means of sole proprietorship, partnership, or by any other similar means.
(2)
“Controlling person” means a person who, directly or indirectly, controls a subject person.
(3)
“Subject person” means any licensee.
(b)
Notwithstanding any other provision of law, and subject to subdivision (c), the
commissioner may deliver, or cause to be delivered, to local, state, or federal law enforcement agencies fingerprints taken of any of the following:
(1)
An applicant for employment with the department.
(2)
A person licensed, or proposed to be licensed, as a subject person.
(3)
A director, officer, or employee of an existing or proposed subject person.
(4)
An existing or proposed controlling person of a subject person.
(5)
A director, officer, or employee of an existing or proposed controlling person of a subject person.
(6)
A
director, officer, or employee of an existing or proposed affiliate of a subject person.
(c)
The authorization in subdivision (b) may only be used by the department for the purpose of obtaining information regarding an individual as to the existence and nature of the criminal record, if any, of that individual relating to convictions, and to any arrest for which the individual is released on bail or on his or her own recognizance pending trial, for the commission or attempted commission of a crime involving robbery, burglary, theft, embezzlement, fraud, forgery, bookmaking, receiving stolen property, counterfeiting, or involving checks or credit cards or using computers.
(d)
No request shall be submitted pursuant to this section without the written consent of the person
affected.
(e)
Any criminal history information obtained pursuant to this section shall be confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.

Legislative History

Amended by Stats. 2013, Ch. 334, Sec. 23. (SB 537) Effective January 1, 2014.