California 2009-2010 Regular Session Status: Passed Senate

SB 774 — Social workers: criminal history.

Last action — From Assembly without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the counties, with the assistance of the State Department of Social Services, to provide child welfare services, including emergency response, foster care placement, adoption services, and family maintenance and reunification. Under existing law, counties may secure from the Department of Justice a criminal record for all county welfare department employees who have frequent and routine contact with children, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation. If the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director must determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character. Existing law provides specified crimes for which the employee must be suspended from duties involving frequent and routine contact with children. This bill would require a county, if an applicant is otherwise qualified for the position and the county is likely to make an offer of employment either to a new applicant or transferring a current employee, for a position with frequent and routine contact with children, if the employee will provide services to children who are alleged victims of abuse, neglect, or exploitation, to secure from the Department of Justice a criminal record to determine if the person has ever been convicted of specified crimes. The bill would prohibit the county from employing the person under prescribed circumstances. The bill would allow the county to require the person to pay any fees charged by the Department of Justice for the processing of the criminal history and an additional fee in an amount not more than the amount sufficient to cover the costs to the county of administering the criminal record checks. This bill would exclude a person who has obtained a certificate of rehabilitation, or with respect to whom the accusation or information has been dismissed, from being considered convicted for purposes of the bill. This bill would also permit a county to obtain fingerprints from specified current employees for the purpose of obtaining a criminal record from the Department of Justice. The bill would require the county to terminate or suspend from any duties involving frequent and routine contact with children an employee whose criminal record includes conviction for specified crimes. Because this bill would require the counties to take additional steps to hire certain employees, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. Set, second hearing. Held in committee and under submission.

  4. Set, first hearing. Referred to APPR. suspense file.

  5. Read second time. Amended. Re-referred to Com. on APPR.

  6. (Heard in committee on July 7.)

  7. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0.)

  8. Joint Rule 62(a) file notice suspended. (Page 2375.)

  9. Read second time. Amended. Re-referred to Com. on PUB. S.

  10. (Heard in committee on June 30.)

  11. From committee: Do pass as amended, but first amend, and re-refer to Com. on PUB. S. (Ayes 4. Noes 1.)

  12. Re-referred to Coms. on HUM. S. and PUB. S.

  13. Set, first hearing. Hearing canceled at the request of author.

  14. To Coms. on PUB. S. and HUM. S.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 39. Noes 0. Page 1187.) To Assembly.

  17. Read second time. Amended. To third reading.

  18. From committee: Do pass as amended. (Ayes 12. Noes 0. Page 1074.)

  19. (Suspense - for vote only.)

  20. Set for hearing May 28.

  21. Placed on APPR suspense file.

  22. Set for hearing May 11.

  23. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 3. Noes 0. Page 701.) Re-referred to Com. on APPR.

  24. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HUMAN S.

  25. Set for hearing April 28.

  26. From committee: Do pass, but first be re-referred to Com. on HUMAN S. (Ayes 7. Noes 0. Page 588.) Re-referred to Com. on HUMAN S.

  27. Set for hearing April 21.

  28. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  29. Re-referred to Coms. on PUB. S. and HUMAN S.

  30. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  31. To Com. on RLS.

  32. Read first time.

  33. From print. May be acted upon on or after March 30.

  34. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Ashburn · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ashburn

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Senate 3rd Reading SB774 Ashburn

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Maldonado — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Runner — Yea
Kehoe — Yea
Corbett — Yea
Leno — Yea
Oropeza — Yea
Walters — Yea
Wolk — Not Voting
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Leno — Yea
Corbett — Yea
Oropeza — Yea
Kehoe — Yea
Walters — Yea
Wolk — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does SB 774 do?
Existing law requires the counties, with the assistance of the State Department of Social Services, to provide child welfare services, including emergency response, foster care placement, adoption services, and family maintenance and reunification. Under existing law, counties may secure from the Department of Justice a criminal record for all county welfare department employees who have frequent and routine contact with children, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation. If the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director must determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character. Existing law provides specified crimes for which the employee must be suspended from duties involving frequent and routine contact with children. This bill would require a county, if an applicant is otherwise qualified for the position and the county is likely to make an offer of employment either to a new applicant or transferring a current employee, for a position with frequent and routine contact with children, if the employee will provide services to children who are alleged victims of abuse, neglect, or exploitation, to secure from the Department of Justice a criminal record to determine if the person has ever been convicted of specified crimes. The bill would prohibit the county from employing the person under prescribed circumstances. The bill would allow the county to require the person to pay any fees charged by the Department of Justice for the processing of the criminal history and an additional fee in an amount not more than the amount sufficient to cover the costs to the county of administering the criminal record checks. This bill would exclude a person who has obtained a certificate of rehabilitation, or with respect to whom the accusation or information has been dismissed, from being considered convicted for purposes of the bill. This bill would also permit a county to obtain fingerprints from specified current employees for the purpose of obtaining a criminal record from the Department of Justice. The bill would require the county to terminate or suspend from any duties involving frequent and routine contact with children an employee whose criminal record includes conviction for specified crimes. Because this bill would require the counties to take additional steps to hire certain employees, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 774?
SB 774 is sponsored by Ashburn.
What is the current status of SB 774?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 774?
Track SB 774 free on One Click Politics — get push/email alerts when it moves.

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