California 2019-2020 Regular Session Status: Passed Assembly

AB 1608 — Community care facilities: criminal background checks.

Last action — Referred to Com. on HUMAN S.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The existing California Community Care Facilities Act requires the State Department of Social Services to license and regulate community care facilities. The existing act requires the department to obtain a criminal history record for all applicants for licenses for these facilities and specified individuals connected with these facilities, including employees, volunteers, and officers of these facilities. The existing act prohibits persons with certain criminal convictions from obtaining a license and further prohibits these specified individuals from being present in a community care facility before obtaining either a criminal record clearance or a criminal record exemption from the department. This bill would require the department to post information on its internet website concerning applications, including the total number of applicants who submitted fingerprints for the purpose of providing criminal record information, and the number of applicants who had a nonexemptible conviction or who were granted a clearance or a criminal record exemption, as specified. The bill would require the department to publish data in aggregate and without any personally identifying information. The bill would require the department to issue a report of its findings on or before January 1, 2022. The bill would prohibit the department, in the course of securing electronic fingerprint images and criminal history information from license applicants for specified residential facilities, child daycare facilities, and home health agencies, from requiring applicants to disclose their criminal history information. Existing law authorizes the department to deny, suspend, or revoke a license, or to prohibit a person from being employed by, or having other specified relationships to, a licensed facility. Existing law establishes grounds for these actions by the department, including, but not limited to, conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility, or the people of California. This bill would preclude that conduct from serving as the basis of a denial, suspension, or revocation of a license, or other prohibition by the department, if the alleged conduct was the subject of an arrest or criminal proceeding, unless the individual in question was denied clearance or a criminal record exemption, as specified.

Bill Text

Action History

  1. Referred to Com. on HUMAN S.

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

  3. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 18. Page 3939.)

  4. Assembly Rule 63 suspended. (Ayes 58. Noes 18. Page 3893.)

  5. Read second time. Ordered to third reading.

  6. Read second time and amended. Ordered returned to second reading.

  7. From committee: Amend, and do pass as amended. (Ayes 11. Noes 5.) (January 23).

  8. In committee: Hearing postponed by committee.

  9. In committee: Set, first hearing. Referred to APPR. suspense file.

  10. Re-referred to Com. on APPR.

  11. Read second time and amended.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 23).

  13. Re-referred to Com. on HUM. S.

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

  15. Re-referred to Com. on HUM. S.

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

  17. Referred to Com. on HUM. S.

  18. Read first time.

  19. From printer. May be heard in committee March 25.

  20. Introduced. To print.

Sponsors

  • Holden · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Holden

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

AB 1608 Holden Assembly Third Reading

Passed 48 Yea · 18 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 341305
Democratic 14107
Republican 0402
Total 4818014
% of votes cast 60%23%0%18%
How each member voted (80)
Member Party Vote
Kiley — Yea
Frazier — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Kamlager — Yea
Chu — Yea
McCarty — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Salas — Nay
Fong — Nay
Voepel — Nay
Brough — Nay
Mayes — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Smith — Nay
Cunningham — Nay
Maienschein — Nay
Diep — Nay
Cooper — Not Voting
Gray — Not Voting
Rendon — Not Voting
Cooley — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 7401
Republican 0100
Total 11502
% of votes cast 61%28%0%11%
How each member voted (18)
Member Party Vote
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Bigelow — Nay
Diep — Nay
Maienschein — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

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

Passed 5 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2101
Democratic 3000
Republican 0100
Total 5201
% of votes cast 63%25%0%13%
How each member voted (8)
Member Party Vote
Friedman — Yea
Mathis — Nay
Maienschein — Not Voting
Mark Stone — Yea
Gipson, Mike A. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Choi, Steven S. Republican Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 1608 do?
The existing California Community Care Facilities Act requires the State Department of Social Services to license and regulate community care facilities. The existing act requires the department to obtain a criminal history record for all applicants for licenses for these facilities and specified individuals connected with these facilities, including employees, volunteers, and officers of these facilities. The existing act prohibits persons with certain criminal convictions from obtaining a license and further prohibits these specified individuals from being present in a community care facility before obtaining either a criminal record clearance or a criminal record exemption from the department. This bill would require the department to post information on its internet website concerning applications, including the total number of applicants who submitted fingerprints for the purpose of providing criminal record information, and the number of applicants who had a nonexemptible conviction or who were granted a clearance or a criminal record exemption, as specified. The bill would require the department to publish data in aggregate and without any personally identifying information. The bill would require the department to issue a report of its findings on or before January 1, 2022. The bill would prohibit the department, in the course of securing electronic fingerprint images and criminal history information from license applicants for specified residential facilities, child daycare facilities, and home health agencies, from requiring applicants to disclose their criminal history information. Existing law authorizes the department to deny, suspend, or revoke a license, or to prohibit a person from being employed by, or having other specified relationships to, a licensed facility. Existing law establishes grounds for these actions by the department, including, but not limited to, conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility, or the people of California. This bill would preclude that conduct from serving as the basis of a denial, suspension, or revocation of a license, or other prohibition by the department, if the alleged conduct was the subject of an arrest or criminal proceeding, unless the individual in question was denied clearance or a criminal record exemption, as specified.
Who sponsors AB 1608?
AB 1608 is sponsored by Holden.
What is the current status of AB 1608?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 AB 1608?
Track AB 1608 free on One Click Politics — get push/email alerts when it moves.

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