California 2017-2018 Regular Session Status: Enacted

SB 213 — Placement of children: criminal records check.

Last action — Chaptered by Secretary of State. Chapter 733, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 01, 2017. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 13 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

Existing law prohibits the State Department of Social Services, a county adoption agency, or a licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of certain felonies for which an exemption cannot be granted. Existing law requires the county welfare department, before placing a child in the home of a relative, nonrelative extended family member, prospective guardian, or another person who is not a licensed or certified foster parent or an approved resource family, to consider the results of a criminal records check, as specified. Existing law prohibits the child's placement in the home if the person has been convicted of certain felonies and prohibits, if the person has been convicted of any other crime, the child from being placed in the home until the county has granted an exemption. Existing law subjects foster care provider applicants and resource family applicants to a criminal records check and prohibits licensure or approval of an applicant who has been convicted of certain felonies, but authorizes the department or county, as applicable, to grant an exemption from disqualification for the conviction of any other crime. This bill would also (1) prohibit the final approval for an adoptive placement, (2) prohibit the placement of a child in the home of a relative, nonrelative extended family member, prospective guardian, or another person who is not a licensed or certified foster parent or an approved resource family, and (3) prohibit licensure of a foster care provider applicant and approval of a resource family applicant, if the person or any individual subject to the background check requirements, as specified, has a felony conviction for any of certain specified crimes. The bill would specify that a child may be placed in the home of the above-described persons, that a foster care provider applicant may be licensed, and that a resource family applicant may be approved, if the person has been convicted of one of certain specified crimes and has been granted an exemption based on all reasonably available information and if the department or other approving entity has substantial and convincing evidence to support a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is of present good character, as specified. The bill would require the department or other approving entity to grant an exemption for a person convicted of any other crime, if the person's state and federal criminal history information, as specified, independently supports a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is of present good character necessary to justify the granting of an exemption, or under other specified criteria that the department or other approving entity may use as necessary to protect the health and safety of a child. The bill would also make conforming changes and technical changes to related provisions. This bill would incorporate certain additional changes to Section 1522 of the Health and Safety Code, and Sections 361.4 and 16519.5 of the Welfare and Institutions Code, proposed by AB 404, to be operative only if this bill and AB 404 are enacted and this bill is enacted last. By imposing a higher level of service on county employees, this bill would impose a state-mandated local program. This bill would require the department to convene a stakeholder group to develop and implement, to the extent permissible under existing law, recommendations for streamlining the criminal exemption process for certain prospective employees in children's residential settings. 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. Chaptered by Secretary of State. Chapter 733, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 28. Noes 9. Page 3009.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 58. Noes 15. Page 3491.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 0.) (September 11).

  9. Joint Rule 62(a) suspended. (Ayes 51. Noes 23. Page 3083.)

  10. Re-referred to Com. on HUM. S. pursuant to Assembly Rule 77.2.

  11. Ordered to third reading.

  12. Read third time and amended. (Ayes 54. Noes 18. Page 3082.)

  13. Assembly Rule 69(b)(1) suspended. (Ayes 50. Noes 24. Page 3067.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 11. Noes 5.) (September 1).

  17. August 23 set for first hearing. Placed on APPR. suspense file.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 11). Re-referred to Com. on APPR.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  21. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on JUD.

  22. Referred to Coms. on HUM. S. and JUD.

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

  24. Read third time. Passed. (Ayes 28. Noes 12. Page 1282.) Ordered to the Assembly.

  25. Reconsideration granted. (Ayes 40. Noes 0. Page 1282.)

  26. Motion to reconsider made by Senator Mitchell.

  27. Read third time. Passed. (Ayes 31. Noes 7. Page 1249.) Ordered to the Assembly.

  28. Read second time. Ordered to third reading.

  29. From committee: Do pass. (Ayes 5. Noes 2. Page 1179.) (May 25).

  30. Set for hearing May 25.

  31. May 15 hearing: Placed on APPR. suspense file.

  32. Set for hearing May 15.

  33. Read second time and amended. Re-referred to Com. on APPR.

  34. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 851.) (April 25).

  35. Set for hearing April 25.

  36. April 18 set for first hearing canceled at the request of author.

  37. Set for hearing April 18.

  38. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 624.) (April 4). Re-referred to Com. on JUD.

  39. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S.

  40. Set for hearing April 4.

  41. Referred to Coms. on HUMAN S. and JUD.

  42. From printer. May be acted upon on or after March 4.

  43. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Mitchell · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 13 voted No

Sponsors (1)

  • Mitchell

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

Unfinished Business SB213 Mitchell Concurrence

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 24803
Democratic 4100
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hernandez — Yea
Hill — Yea
Monning — Yea
Morrell — Nay
Vidak — Nay
Galgiani — Yea
Glazer — Yea
Bates — Nay
Beall — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Cannella — Yea
Dodd — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Nay
Fuller — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 213 Mitchell Senate Third Reading By STONE

Passed 58 Yea · 15 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 421204
Democratic 14100
Republican 2202
Total 581506
% of votes cast 73%19%0%8%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Kiley — Nay
Maienschein — Not Voting
Mathis — Nay
Obernolte — Nay
Rendon — Yea
Rodriguez — Not Voting
Santiago — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Low — Yea
Rubio — Yea
Medina — Yea
Mullin — Yea
Bocanegra — Yea
Burke — Yea
Chau — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Voepel — Yea
Wood — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Salas — Nay
Fong — Nay
Harper — Nay
Levine — Yea
Mayes — Not Voting
Cooley — Yea
McCarty — Yea
Melendez — Nay
Nazarian — Yea
Quirk — Yea
Steinorth — Not Voting
Ting — Yea
Waldron — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Yea
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

SB 213 Mitchell Senate Third Reading Amend By STONE Set #1

Passed 54 Yea · 18 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 391207
Democratic 15000
Republican 0600
Total 541807
% of votes cast 68%23%0%9%
How each member voted (79)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Low — Yea
Mathis — Nay
Obernolte — Nay
Ridley-Thomas — Yea
Voepel — Yea
Waldron — Nay
Wood — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Burke — Not Voting
Gonzalez Fletcher — Yea
Fong — Nay
Gray — Not Voting
Kiley — Nay
Levine — Yea
Maienschein — Not Voting
Mayes — Not Voting
McCarty — Yea
Melendez — Not Voting
Baker — Not Voting
Cooley — Yea
Cunningham — Nay
Dababneh — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Not Voting
Ting — Yea
Chau — Yea
Chiu — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Democratic 3000
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Nay
Eggman — Yea
Friedman — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Fong — Nay
Gray — Not Voting
Jones-Sawyer — Yea
Bigelow — Nay
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Democratic 2000
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Holden — Yea
Kiley — Nay
Maienschein — Not Voting
Chau — Yea
Chiu — Yea
Cunningham — Nay
Ting — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

3rd Reading

Passed 28 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241100
Democratic 4100
Total 281200
% of votes cast 70%30%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Bradford — Yea
Hueso — Yea
Leyva — Yea
Morrell — Nay
Roth — Yea
Wieckowski — Yea
Dodd — Yea
Fuller — Nay
Glazer — Yea
Galgiani — Yea
Allen — Yea
De León — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Bates — Nay
Lara — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Skinner — Yea
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

3rd Reading

Passed 31 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 27602
Democratic 4100
Total 31702
% of votes cast 78%18%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Bradford — Yea
Hernandez — Yea
Hueso — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Cannella — Yea
Fuller — Yea
Glazer — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Allen — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
De León — Not Voting
Galgiani — Yea
Dodd — Yea
Leyva — Yea
Mendoza — Yea
Morrell — Nay
Newman — Not Voting
Vidak — Nay
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Bradford — Yea
Lara — Yea
Hill — Yea
Beall — Yea
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety housing civil-rights
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Frequently asked questions

What does SB 213 do?
Existing law prohibits the State Department of Social Services, a county adoption agency, or a licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of certain felonies for which an exemption cannot be granted. Existing law requires the county welfare department, before placing a child in the home of a relative, nonrelative extended family member, prospective guardian, or another person who is not a licensed or certified foster parent or an approved resource family, to consider the results of a criminal records check, as specified. Existing law prohibits the child's placement in the home if the person has been convicted of certain felonies and prohibits, if the person has been convicted of any other crime, the child from being placed in the home until the county has granted an exemption. Existing law subjects foster care provider applicants and resource family applicants to a criminal records check and prohibits licensure or approval of an applicant who has been convicted of certain felonies, but authorizes the department or county, as applicable, to grant an exemption from disqualification for the conviction of any other crime. This bill would also (1) prohibit the final approval for an adoptive placement, (2) prohibit the placement of a child in the home of a relative, nonrelative extended family member, prospective guardian, or another person who is not a licensed or certified foster parent or an approved resource family, and (3) prohibit licensure of a foster care provider applicant and approval of a resource family applicant, if the person or any individual subject to the background check requirements, as specified, has a felony conviction for any of certain specified crimes. The bill would specify that a child may be placed in the home of the above-described persons, that a foster care provider applicant may be licensed, and that a resource family applicant may be approved, if the person has been convicted of one of certain specified crimes and has been granted an exemption based on all reasonably available information and if the department or other approving entity has substantial and convincing evidence to support a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is of present good character, as specified. The bill would require the department or other approving entity to grant an exemption for a person convicted of any other crime, if the person's state and federal criminal history information, as specified, independently supports a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is of present good character necessary to justify the granting of an exemption, or under other specified criteria that the department or other approving entity may use as necessary to protect the health and safety of a child. The bill would also make conforming changes and technical changes to related provisions. This bill would incorporate certain additional changes to Section 1522 of the Health and Safety Code, and Sections 361.4 and 16519.5 of the Welfare and Institutions Code, proposed by AB 404, to be operative only if this bill and AB 404 are enacted and this bill is enacted last. By imposing a higher level of service on county employees, this bill would impose a state-mandated local program. This bill would require the department to convene a stakeholder group to develop and implement, to the extent permissible under existing law, recommendations for streamlining the criminal exemption process for certain prospective employees in children's residential settings. 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 213?
SB 213 is sponsored by Mitchell.
What is the current status of SB 213?
This bill has been enacted into law. Introduced February 01, 2017. Enacted.
Where can I track SB 213?
Track SB 213 free on One Click Politics — get push/email alerts when it moves.

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