§ 11102.1. — 11102.1. (Amended by Stats. 2024, Ch. 254, Sec. 1.)

California § 11102.1.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 1.
• Part 4.: TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
• Ch. 1.: CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice
• Art. 3.: ARTICLE 3. Criminal Identification and Statistics

Text

(a)
(1)
Notwithstanding any other law, the Department of Justice shall establish, implement, and maintain a certification program to process fingerprint-based criminal background clearances on individuals who roll fingerprint impressions, manually or electronically, for non-law-enforcement purposes. Except as provided in paragraph (2), a person shall not roll fingerprints for non-law-enforcement purposes unless certified.
(2)
The following persons shall be exempt from this section if they have received training pertaining to applicant fingerprint rolling and have undergone a criminal offender record information background investigation:
(A)
Law enforcement personnel and state employees.
(B)
Employees of a tribal gaming agency or a tribal gaming operation, provided that the fingerprints are rolled and submitted to the Department of Justice for purposes of compliance with a tribal-state compact.
(3)
The department shall not accept fingerprint impressions for non-law-enforcement purposes unless they were rolled by an individual certified or exempted pursuant to this section.
(b)
(1)
Individuals who roll fingerprint impressions, either manually or electronically, for non-law-enforcement purposes,
shall submit to the Department of Justice fingerprint images and related information required by the department, for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)
The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.
(c)
The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.
(d)
Every individual certified as a fingerprint roller shall meet the following criteria:
(1)
Be a legal resident of this state at the time of certification.
(2)
Be at least 18 years of age.
(3)
Have satisfactorily completed a written application prescribed by the department to determine the fitness of the person to exercise the functions of a fingerprint roller.
(e)
Prior to granting a certificate as a fingerprint roller, the department shall determine that the applicant
possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.
(f)
(1)
The department may refuse to certify any individual as a fingerprint roller, and may revoke or suspend the certification of any fingerprint roller, upon any of the following:
(A)
Conviction of a felony offense.
(B)
Conviction of any other offense that
is substantially related to the qualifications, functions, or duties of a fingerprint roller.
(C)
Substantial and material misstatement or omission in the application submitted to the department.
(D)
Arrest pending adjudication for a felony.
(E)
Arrest pending adjudication for an offense that is substantially related to the
qualifications, functions, or duties of a fingerprint roller.
(F)
Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, dishonesty, or for any cause
that is substantially related to the qualifications, functions, or duties of a fingerprint roller.
(G)
Failure to discharge fully and faithfully any of the duties or responsibilities required of a fingerprint roller.
(H)
When adjudged liable for damages in any suit grounded in
fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a fingerprint roller.
(I)
Use of false or misleading advertising in which the fingerprint roller has represented that they have duties, rights, or privileges that they do not possess by law.
(J)
Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit the fingerprint roller or another, or to substantially injure another.
(K)
Failure to submit any remittance payable upon demand by the
department.
(2)
A conviction after a plea of nolo contendere is deemed to be a conviction for purposes of this subdivision.
(3)
An applicant shall not be denied certification on the basis that the person has been convicted of a crime or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or has been granted clemency or a pardon by a state or federal executive.
(g)
(1)
The department shall implement regulations to aid in determining whether an offense
is substantially related to the qualifications, functions, or duties of a fingerprint roller.
(2)
The criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of a fingerprint roller shall include all of the following:
(A)
The nature and gravity of the offense.
(B)
The passage of time since the date of the offense.
(C)
Whether the applicant has offered credible evidence of rehabilitation.
(3)
When
an applicant with a prior conviction presents evidence of rehabilitation, the department shall not deny certification of an individual as a fingerprint roller based in whole or in part on that conviction without considering the applicant’s evidence of rehabilitation.
(h)
The Department of Justice shall work with applicant
regulatory entities to improve and make more efficient the criminal offender record information request process related to employment, licensing, and certification background investigations.
(i)
The Department of Justice may adopt additional regulations as necessary to implement the provisions of this section.
(j)
The department shall charge a fee sufficient to cover its costs under this section.

Legislative History

Amended by Stats. 2024, Ch. 254, Sec. 1. (AB 3235) Effective January 1, 2025.