California 2009-2010 Regular Session Status: Enacted

AB 428 — Criminal history records.

Last action — Chaptered by Secretary of State - Chapter 441, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2009. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Under existing law, the Department of Justice is required to maintain state summary criminal history information, as defined. Existing law authorizes the Attorney General to furnish state summary criminal history information and, when specifically authorized, federal criminal history information upon a showing of a compelling need, to various entities for a variety of purposes. This bill would add any foreign government to the list of entities to which the Attorney General is authorized to provide the described information, if the information is requested by the individual who is the subject of the record requested and if that information is needed in conjunction with the individual's application to adopt a minor child who is a citizen of that foreign nation. The bill would specify procedures for requesting this information. The bill also would require the department to disseminate the date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 441, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 7 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 2975.)

  5. Assembly Rule 77 suspended. (Page 2970.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 2058.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  12. From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 5. Noes 0.) (July 7).

  13. In committee: Hearing postponed by committee.

  14. In committee: Hearing postponed by committee.

  15. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 6. Noes 0.) (June 16).

  16. Referred to Coms. on PUB. S. and JUD.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1766.)

  19. Read second time. To Consent Calendar.

  20. From committee: Do pass. To Consent Calendar. (May 20).

  21. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.) (April 28).

  22. Re-referred to Com. on PUB. S.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended, and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 21).

  25. Re-referred to Com. on JUD.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  27. Referred to Coms. on JUD. and PUB. S.

  28. From printer. May be heard in committee March 26.

  29. Read first time. To print.

Sponsors

  • Fletcher · Primary
  • Ma · Cosponsor
  • Solorio · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Fletcher

Co-sponsors (2)

  • Ma
  • Solorio

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 2001
Republican 3000
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Charles — Not Voting
Villines — Yea
Bill — Yea
Tom — Yea
Anderson — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
DeVore — Yea
Duvall — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
Davis — Not Voting
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 33 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 30008
Republican 1000
Democratic 2000
Total 33008
% of votes cast 80%0%0%20%
How each member voted (41)
Member Party Vote
Hancock — Yea
Florez — Yea
Wyland — Yea
Yee — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cedillo — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Cogdill — Yea
Liu — Not Voting
Maldonado — Yea
McLeod — Yea
Oropeza — Not Voting
Ashburn — Not Voting
Corbett — Yea
Correa — Not Voting
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Romero — Not Voting
Steinberg — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Aanestad — Yea
Benoit — Yea
Huff — Yea
Simitian — Yea
Wiggins — Not Voting
Wolk — Not Voting
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democratic 5000
Republican 3000
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Logue — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Mendoza — Not Voting
Duvall — Not Voting
Nestande — Not Voting
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Ma — Yea
Nielsen — Yea
Price — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Feuer — Yea
Evans — Not Voting
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Duvall — Yea
Miller — Not Voting
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Price — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Knight — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Tran — Yea
Brownley — Yea
Krekorian — Yea
Feuer — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 428 do?
Under existing law, the Department of Justice is required to maintain state summary criminal history information, as defined. Existing law authorizes the Attorney General to furnish state summary criminal history information and, when specifically authorized, federal criminal history information upon a showing of a compelling need, to various entities for a variety of purposes. This bill would add any foreign government to the list of entities to which the Attorney General is authorized to provide the described information, if the information is requested by the individual who is the subject of the record requested and if that information is needed in conjunction with the individual's application to adopt a minor child who is a citizen of that foreign nation. The bill would specify procedures for requesting this information. The bill also would require the department to disseminate the date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests, as specified.
Who sponsors AB 428?
AB 428 is sponsored by Fletcher, Ma, and Solorio.
What is the current status of AB 428?
This bill has been enacted into law. Introduced February 23, 2009. Enacted.
Where can I track AB 428?
Track AB 428 free on One Click Politics — get push/email alerts when it moves.

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