1020. A person is incapable of holding a civil office if at the
time of his election or appointment he is not 18 years of age and a
citizen of the state.
1020.5. (a) Notwithstanding Section 1020 or any other provision of
law, no person shall be incapable of holding any office in a youth
services bureau solely by reason of being under 18 years of age.
(b) For purposes of this section, the term "youth services bureau"
means a state or local public agency, including a joint powers
agency, which has as its primary purpose the establishment of a
program of prevention of juvenile delinquency and to provide
opportunities for young people to function as responsible members of
the community.
1021. A person is disqualified from holding any office upon
conviction of designated crimes as specified in the Constitution and
laws of the State.
1022. Other provisions respecting disqualification for particular
offices are contained in the Constitution and in the laws concerning
the various offices.
1023. A person is ineligible to hold office or employment of any
kind under the State, any county, city, district or other political
or governmental unit of the State if he, while either a citizen or
resident of the United States, has by oath bound himself to support,
maintain or further the military or political activities or policies
of any foreign government or of any official thereof or society or
association therein or to obey the orders or directions of any
foreign government or of any official thereof.
1024. Any person who holds any office or employment under the state
or any county, city, district or other political or governmental
unit of the state and who has taken any oath described in Section
1023 is relieved of ineligibility to office or employment if he or
she petitions any superior court for leave to renounce all promises
or obligations assumed by him or her under that oath, and renounces
all those promises or obligations before a judge of that court.
Any other person who has taken or hereafter takes any such oath
may at any time be relieved of ineligibility by petitioning any
superior court and renouncing all such promises or obligations in
like manner.
1026. Every person who exercises the duties of any office in
violation of the provisions of this article relative to oaths, and
every person who knowingly appoints to office a person ineligible by
reason of the provisions of this article relative to oaths, is guilty
of a felony.
1027. Every person who exercises the duties of any employment in
violation of the provisions of this article relative to oaths, and
every person who knowingly employs a person ineligible by reason of
the provisions of this article relative to oaths, is guilty of a
misdemeanor.
1027.5. The Legislature of the State of California finds that:
(a) There exists a world-wide revolutionary movement to establish
a totalitarian dictatorship based upon force and violence rather than
upon law.
(b) This world-wide revolutionary movement is predicated upon and
it is designed and intended to carry into execution the basic
precepts of communism as expounded by Marx, Lenin, and Stalin.
(c) Pursuant to the objectives of the world communism movement, in
numerous foreign countries the legally constituted governments have
been overthrown and totalitarian dictatorships established therein
against the will of the people, and the establishment of similar
dictatorships in other countries is imminently threatening. The
successful establishment of totalitarian dictatorships has
consistently been aided, accompanied, or accomplished by repeated
acts of treachery, deceit, teaching of false doctrines, teaching
untruth, together with organized confusion, insubordination, and
disloyalty, fostered, directed, instigated, or employed by communist
organizations and their members in such countries.
(d) Within the boundaries of the State of California there are
active disciplined communist organizations presently functioning for
the primary purpose of advancing the objectives of the world
communism movement, which organizations promulgate, advocate, and
adhere to the precepts and the principles and doctrines of the world
communism movement. These communist organizations are characterized
by identification of their programs, policies, and objectives with
those of the world communism movement, and they regularly and
consistently cooperate with and endeavor to carry into execution
programs, policies and objectives substantially identical to
programs, policies, and objectives of such world communism movement.
(e) One of the objectives of the world communism movement is to
place its members in state and local government positions and in
state supported educational institutions. If this objective is
successful, propaganda can be disseminated by the members of these
organizations among pupils and students by those members who would
have the opportunity to teach them and to whom, as teachers, they
would look for guidance, authority, and leadership. The members of
such groups would use their positions to advocate and teach their
doctrines and teach the prescribed Communist Party line group dogma
or doctrine without regard to truth or free inquiry. This type of
propaganda is sufficiently subtle to escape detection.
There is a clear and present danger, which the Legislature of the
State of California finds is great and imminent, that in order to
advance the program, policies and objectives of the world communism
movement, communist organizations in the State of California and
their members will engage in concerted effort to hamper, restrict,
interfere with, impede, or nullify the efforts of the State and the
public agencies of the State to comply with and enforce the laws of
the State of California and their members will infiltrate and seek
employment by the State and its public agencies.
1028. It shall be sufficient cause for the dismissal of any public
employee when such public employee advocates or is knowingly a member
of the Communist Party or of an organization which during the time
of his membership he knows advocates overthrow of the Government of
the United States or of any state by force or violence.
1028.1. It shall be the duty of any public employee who may be
subpenaed or ordered by the governing body of the state or local
agency by which such employee is employed, to appear before such
governing body, or a committee or subcommittee thereof, or by a duly
authorized committee of the Congress of the United States or of the
Legislature of this State, or any subcommittee of any such committee,
to appear before such committee or subcommittee, and to answer under
oath a question or questions propounded by such governing body,
committee or subcommittee, or a member or counsel thereof, relating
to:
(a) Present personal advocacy by the employee of the forceful or
violent overthrow of the Government of the United States or of any
state.
(b) Present knowing membership in any organization now advocating
the forceful or violent overthrow of the Government of the United
States or of any state.
(c) Past knowing membership at any time since October 3, 1945, in
any organization which, to the knowledge of such employee, during the
time of the employee's membership advocated the forceful or violent
overthrow of the Government of the United States or of any state.
(d) Questions as to present knowing membership of such employee in
the Communist Party or as to past knowing membership in the
Communist Party at any time since October 3, 1945.
(e) Present personal advocacy by the employee of the support of a
foreign government against the United States in the event of
hostilities between said foreign government and the United States.
Any employee who fails or refuses to appear or to answer under
oath on any ground whatsoever any such questions so propounded shall
be guilty of insubordination and guilty of violating this section and
shall be suspended and dismissed from his employment in the manner
provided by law.
1028.2. Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of
the Statutes of 1947, are not applicable to school district
employees. It is the intent of the Legislature that the Education
Code shall apply to such employees.
1029. (a) Except as provided in subdivision (b), (c), or (d), each
of the following persons is disqualified from holding office as a
peace officer or being employed as a peace officer of the state,
county, city, city and county or other political subdivision, whether
with or without compensation, and is disqualified from any office or
employment by the state, county, city, city and county or other
political subdivision, whether with or without compensation, which
confers upon the holder or employee the powers and duties of a peace
officer:
(1) Any person who has been convicted of a felony.
(2) Any person who has been convicted of any offense in any other
jurisdiction which would have been a felony if committed in this
state.
(3) Any person who, after January 1, 2004, has been convicted of a
crime based upon a verdict or finding of guilt of a felony by the
trier of fact, or upon the entry of a plea of guilty or nolo
contendere to a felony. This paragraph shall apply regardless of
whether, pursuant to subdivision (b) of Section 17 of the Penal Code,
the court declares the offense to be a misdemeanor or the offense
becomes a misdemeanor by operation of law.
(4) Any person who has been charged with a felony and adjudged by
a superior court to be mentally incompetent under Chapter 6
(commencing with Section 1367) of Title 10 of Part 2 of the Penal
Code.
(5) Any person who has been found not guilty by reason of insanity
of any felony.
(6) Any person who has been determined to be a mentally disordered
sex offender pursuant to Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code.
(7) Any person adjudged addicted or in danger of becoming addicted
to narcotics, convicted, and committed to a state institution as
provided in Section 3051 of the Welfare and Institutions Code.
(b) (1) A plea of guilty to a felony pursuant to a deferred entry
of judgment program as set forth in Sections 1000 to 1000.4,
inclusive, of the Penal Code shall not alone disqualify a person from
being a peace officer unless a judgment of guilty is entered
pursuant to Section 1000.3 of the Penal Code.
(2) A person who pleads guilty or nolo contendere to, or who is
found guilty by a trier of fact of, an alternate felony-misdemeanor
drug possession offense and successfully completes a program of
probation pursuant to Section 1210.1 of the Penal Code shall not be
disqualified from being a peace officer solely on the basis of the
plea or finding if the court deems the offense to be a misdemeanor or
reduces the offense to a misdemeanor.
(c) Any person who has been convicted of a felony, other than a
felony punishable by death, in this state or any other state, or who
has been convicted of any offense in any other state which would have
been a felony, other than a felony punishable by death, if committed
in this state, and who demonstrates the ability to assist persons in
programs of rehabilitation may hold office and be employed as a
parole officer of the Department of Corrections or the Department of
the Youth Authority, or as a probation officer in a county probation
department, if he or she has been granted a full and unconditional
pardon for the felony or offense of which he or she was convicted.
Notwithstanding any other provision of law, the Department of
Corrections or the Department of the Youth Authority, or a county
probation department, may refuse to employ that person regardless of
his or her qualifications.
(d) Nothing in this section shall be construed to limit or curtail
the power or authority of any board of police commissioners, chief
of police, sheriff, mayor, or other appointing authority to appoint,
employ, or deputize any person as a peace officer in time of disaster
caused by flood, fire, pestilence or similar public calamity, or to
exercise any power conferred by law to summon assistance in making
arrests or preventing the commission of any criminal offense.
(e) Nothing in this section shall be construed to prohibit any
person from holding office or being employed as a superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, if at the time of the
person's hire a prior conviction of a felony was known to the person'
s employer, and the class of office for which the person was hired
was not declared by law to be a class prohibited to persons convicted
of a felony, but as a result of a change in classification, as
provided by law, the new classification would prohibit employment of
a person convicted of a felony.
1029.1. The Department of Corrections and the Department of the
Youth Authority shall complete a background investigation, using as
guidelines standards defined by the Commission on Peace Officer
Standards and Training, of any applicant for employment as a peace
officer before the applicant may be employed or begin training as a
peace officer. In order to reduce potential duplication of effort by
individual institutions, investigations shall be accomplished by each
department on a centralized or regional basis to the extent
administratively feasible.
1030. A classifiable set of the fingerprints of every person who is
now employed, or who hereafter becomes employed, as a peace officer
of the state, or of a county, city, city and county or other
political subdivision, whether with or without compensation, shall be
furnished to the Department of Justice and to the Federal Bureau of
Investigation by the sheriff, chief of police or other appropriate
appointing authority of the agency by whom the person is employed.
This section shall not apply to any currently employed peace
officer whose appointment antedates the effective date of this
section and whose fingerprints have already been submitted by his
appointing authority to the Department of Justice and to the Federal
Bureau of Investigation.
1031. Each class of public officers or employees declared by law to
be peace officers shall meet all of the following minimum standards:
(a) Be a citizen of the United States or a permanent resident
alien who is eligible for and has applied for citizenship, except as
provided in Section 2267 of the Vehicle Code.
(b) Be at least 18 years of age.
(c) Be fingerprinted for purposes of search of local, state, and
national fingerprint files to disclose a criminal record.
(d) Be of good moral character, as determined by a thorough
background investigation.
(e) Be a high school graduate, pass the General Education
Development Test indicating high school graduation level, pass the
California High School Proficiency Examination, or have attained a
two-year, four-year, or advanced degree from an accredited college or
university. The high school shall be either a United States public
school, an accredited United States Department of Defense high
school, or an accredited or approved public or nonpublic high school.
Any accreditation or approval required by this paragraph shall be
from a state or local government educational agency using local or
state government approved accreditation, licensing, registration, or
other approval standards, a regional accrediting association, an
accrediting association recognized by the Secretary of the United
States Department of Education, an accrediting association holding
full membership in the National Council for Private School
Accreditation (NCPSA), an organization holding full membership in the
Commission on International and Trans-Regional Accreditation (CITA),
an organization holding full membership in the Council for American
Private Education (CAPE), or an accrediting association recognized by
the National Federation of Nonpublic School State Accrediting
Associations (NFNSSAA).
(f) Be found to be free from any physical, emotional, or mental
condition that might adversely affect the exercise of the powers of a
peace officer.
(1) Physical condition shall be evaluated by a licensed physician
and surgeon.
(2) Emotional and mental condition shall be evaluated by either of
the following:
(A) A physician and surgeon who holds a valid California license
to practice medicine, has successfully completed a postgraduate
medical residency education program in psychiatry accredited by the
Accreditation Council for Graduate Medical Education, and has at
least the equivalent of five full-time years of experience in the
diagnosis and treatment of emotional and mental disorders, including
the equivalent of three full-time years accrued after completion of
the psychiatric residency program.
(B) A psychologist licensed by the California Board of Psychology
who has at least the equivalent of five full-time years of experience
in the diagnosis and treatment of emotional and mental disorders,
including the equivalent of three full-time years accrued
postdoctorate.
The physician and surgeon or psychologist shall also have met any
applicable education and training procedures set forth by the
California Commission on Peace Officer Standards and Training
designed for the conduct of preemployment psychological screening of
peace officers.
(g) This section shall not be construed to preclude the adoption
of additional or higher standards, including age.
(h) This section shall become operative on January 1, 2005.
1031.1. (a) For purposes of performing a thorough background
investigation for applicants not currently employed as a peace
officer, as required by subdivision (d) of Section 1031, an employer
shall disclose employment information relating to a current or former
employee, upon request of a law enforcement agency, if all of the
following conditions are met:
(1) The request is made in writing.
(2) The request is accompanied by a notarized authorization by the
applicant releasing the employer of liability.
(3) The request and the authorization are presented to the
employer by a sworn officer or other authorized representative of the
employing law enforcement agency.
(b) In the absence of fraud or malice, no employer shall be
subject to any civil liability for any relevant cause of action by
virtue of releasing employment information required pursuant to this
section. Nothing in this section is intended to, nor does in any way
or manner, abrogate or lessen the existing common law or statutory
privileges and immunities of an employer.
(c) For purposes of this section, "employment information"
includes written information in connection with job applications,
performance evaluations, attendance records, disciplinary actions,
eligibility for rehire, and other information relevant to peace
officer performance, except information prohibited from disclosure by
any other state or federal law or regulation.
(d) An employer's refusal to disclose information to a law
enforcement agency in accordance with this section shall constitute
grounds for a civil action for injunctive relief requiring disclosure
on the part of an employer.
(e) Employment information disclosed by an employer to an initial
requesting law enforcement agency shall be deemed confidential.
However, the initial requesting law enforcement agency may disclose
this information to another authorized law enforcement agency that is
also conducting a peace officer background investigation. Whenever
this information is disclosed to another law enforcement agency, that
agency shall utilize the information for investigative leads only
and the information shall be independently verified by that agency in
order to be used in determining the suitability of a peace officer
applicant.
(f) An employer may charge reasonable fees to cover actual costs
incurred in copying and furnishing documents to law enforcement
agencies as required by this section.
1031.2. Consistent with the Americans with Disabilities Act of 1990
(Public Law 101-336) and paragraph (3) of subdivision (e) of Section
12940, the collection of nonmedical or nonpsychological information
of peace officers, in accordance with a thorough background
investigation, as required by subdivision (d) of Section 1031, may be
deferred until after a conditional offer of employment is issued if
the employer can demonstrate that the information could not
reasonably have been collected prior to the offer.
1031.5. (a) Any person employed by a governmental agency on
September 13, 1982, as a peace officer or a peace officer trainee, or
who, prior to September 13, 1982, had applied to fill a position as
a peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, is not subject to the
requirement of subdivision (a) of Section 1031 prior to its amendment
by Chapter 943 of the Statutes of 1982, provided that any person
qualifying for this exemption shall, as soon as legally possible,
apply for and meet all of the requirements for United States
citizenship specified in existing law, and shall be subject to
subdivisions (b) and (c).
(b) Any permanent resident alien who is employed as a peace
officer shall diligently cooperate with the Immigration and
Naturalization Service in the processing of his or her application
for citizenship and shall be disqualified from holding that position
if, three years after the filing of his or her application for
employment, the person has not obtained citizenship due to his or her
failure to cooperate in the processing of the application for
citizenship.
(c) Any permanent resident alien who is employed as a peace
officer shall be disqualified from holding that position if his or
her application for citizenship is denied.
1040. (a) The Department of Motor Vehicles may require fingerprint
images and associated information from an employee or prospective
employee whose duties include or would include any of the following:
(1) Access to confidential information in a database of the
department.
(2) Access to confidential or sensitive information provided by a
member of the public including, but not limited to, a credit card
number or social security account number.
(3) Access to cash, checks, or other accountable items.
(4) Responsibility for the development or maintenance of a
critical automated system.
(5) Making decisions regarding the issuance or denial of a
license, endorsement, certificate, or indicia.
(b) The fingerprint images and associated information of an
employee or prospective employee of the Department of Motor Vehicles
whose duties include or would include those specified in subdivision
(a), or any person who assumes those duties, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial. Requests for
federal level criminal offender record information, received by the
Department of Justice, pursuant to this section, shall be forwarded
to the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the Department of
Motor Vehicles with information as provided under subdivision (p) of
Section 11105 of the Penal Code.
(d) The Department of Motor Vehicles shall request subsequent
arrest notification, from the Department of Justice, as provided
under Section 11105.2 of the Penal Code, for applicants described in
subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department
of Motor Vehicles whose appointment occurred prior to January 1,
2005.
(g) The Department of Motor Vehicles may investigate the criminal
history of persons applying for employment in order to make a final
determination of that person's fitness to perform duties that would
include any of those specified in subdivision (a).
1041. (a) (1) The Department of Managed Health Care may require
fingerprint images and associated information from a prospective
employee whose duties would include access to medical information.
(2) The department shall require that any services contract or
interagency agreement that may include review of medical information
for compliance with the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code), and entered into, renewed, or amended after
January 1, 2006, shall include a provision requiring the contractor
to agree to permit the department to run criminal background checks
on its employees, contractors, agents, or subcontractors that will
have access to this information as part of their contract with the
department.
(b) The fingerprint images and associated information of a
prospective employee, contractor, agent, subcontractor, or employee
of a contractor of the Department of Managed Health Care whose duties
include or would include access to the information specified in
subdivision (a), or any person who assumes those duties, may be
furnished to the Department of Justice for the purpose of obtaining
information as to the existence and nature of a record of state or
federal level convictions and state or federal level arrests for
which the Department of Justice establishes that the applicant was
released on bail or on his or her own recognizance pending trial.
Requests for federal level criminal offender record information,
received by the Department of Justice, pursuant to this section,
shall be forwarded to the Federal Bureau of Investigation by the
Department of Justice.
(c) The Department of Justice shall respond to the Department of
Managed Health Care with information as provided under subdivision
(p) of Section 11105 of the Penal Code.
(d) The Department of Managed Health Care shall request subsequent
arrest notification, from the Department of Justice, as provided
under Section 11105.2 of the Penal Code, for applicants described in
subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department
of Managed Health Care whose appointment occurred prior to January 1,
2006.
(g) The Department of Managed Health Care may investigate the
criminal history for crimes involving moral turpitude of persons
applying for employment in order to make a final determination of
that person's fitness to perform duties that would include any access
to confidential information.
1042. (a) (1) The California Gambling Control Commission may
require fingerprint images and associated information from a
prospective employee if the employee's duties include, or would
include, access to any of the following:
(A) Information that is required to be kept confidential under the
Gambling Control Act (Chapter 5 (commencing with Section 19800) of
Division 8 of the Business and Professions Code) or any tribal-state
gaming compact, including, but not limited to, applications for
licenses or findings of suitability, and information provided by or
received from a tribe in connection with a tribal-state gaming
compact.
(B) Access to state summary criminal history information, as
defined in Section 11105 of the Penal Code, whether in full or in
summary.
(C) Access to cash, checks, or other accountable items.
(2) The commission shall require that any services contract that
is entered into, renewed, or amended on or after January 1, 2009,
include a provision requiring the contractor to agree to permit the
commission to require fingerprint images and associated information
from the contractor's employees, contractors, agents, or
subcontractors, whose duties include, or would include, access to
information and accountable items under paragraph (1) as part of a
contract with the commission, in order for the commission to request
criminal background checks on those individuals.
(b) The fingerprint images and associated information of a
prospective employee, contractor, agent, subcontractor, or employee
of a contractor of the California Gambling Control Commission whose
duties include, or would include, access to the information or
accountable items specified under paragraph (1) of subdivision (a),
or any person who assumes duties that include access to that
information or those accountable items, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial. Requests for
federal level criminal offender record information received by the
Department of Justice pursuant to this section shall be forwarded to
the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the California
Gambling Control Commission with information as provided under
subdivision (p) of Section 11105 of the Penal Code.
(d) The California Gambling Control Commission shall request
subsequent arrest notification from the Department of Justice, as
provided under Section 11105.2 of the Penal Code, for individuals
described in subdivision (a) hired on or after January 1, 2009.
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the California
Gambling Control Commission whose appointment occurred prior to
January 1, 2009.
(g) The executive director of the California Gambling Control
Commission may investigate the criminal history of persons applying
for employment and prospective service contractors and their agents,
subcontractors, or employees, in order to make a final determination
of a person's fitness to perform duties that would include access to
any information or accountable items specified under paragraph (1) of
subdivision (a). Under no circumstances shall a person who would be
disqualified from holding a state gambling license pursuant to
subdivisions (c) to (f), inclusive, of Section 19859 of the Business
and Professions Code be selected, appointed, or hired in a position
that would include any duties involving access to information or
accountable items specified under paragraph (1) of subdivision (a).
1020. A person is incapable of holding a civil office if at the
time of his election or appointment he is not 18 years of age and a
citizen of the state.
1020.5. (a) Notwithstanding Section 1020 or any other provision of
law, no person shall be incapable of holding any office in a youth
services bureau solely by reason of being under 18 years of age.
(b) For purposes of this section, the term "youth services bureau"
means a state or local public agency, including a joint powers
agency, which has as its primary purpose the establishment of a
program of prevention of juvenile delinquency and to provide
opportunities for young people to function as responsible members of
the community.
1021. A person is disqualified from holding any office upon
conviction of designated crimes as specified in the Constitution and
laws of the State.
1022. Other provisions respecting disqualification for particular
offices are contained in the Constitution and in the laws concerning
the various offices.
1023. A person is ineligible to hold office or employment of any
kind under the State, any county, city, district or other political
or governmental unit of the State if he, while either a citizen or
resident of the United States, has by oath bound himself to support,
maintain or further the military or political activities or policies
of any foreign government or of any official thereof or society or
association therein or to obey the orders or directions of any
foreign government or of any official thereof.
1024. Any person who holds any office or employment under the state
or any county, city, district or other political or governmental
unit of the state and who has taken any oath described in Section
1023 is relieved of ineligibility to office or employment if he or
she petitions any superior court for leave to renounce all promises
or obligations assumed by him or her under that oath, and renounces
all those promises or obligations before a judge of that court.
Any other person who has taken or hereafter takes any such oath
may at any time be relieved of ineligibility by petitioning any
superior court and renouncing all such promises or obligations in
like manner.
1026. Every person who exercises the duties of any office in
violation of the provisions of this article relative to oaths, and
every person who knowingly appoints to office a person ineligible by
reason of the provisions of this article relative to oaths, is guilty
of a felony.
1027. Every person who exercises the duties of any employment in
violation of the provisions of this article relative to oaths, and
every person who knowingly employs a person ineligible by reason of
the provisions of this article relative to oaths, is guilty of a
misdemeanor.
1027.5. The Legislature of the State of California finds that:
(a) There exists a world-wide revolutionary movement to establish
a totalitarian dictatorship based upon force and violence rather than
upon law.
(b) This world-wide revolutionary movement is predicated upon and
it is designed and intended to carry into execution the basic
precepts of communism as expounded by Marx, Lenin, and Stalin.
(c) Pursuant to the objectives of the world communism movement, in
numerous foreign countries the legally constituted governments have
been overthrown and totalitarian dictatorships established therein
against the will of the people, and the establishment of similar
dictatorships in other countries is imminently threatening. The
successful establishment of totalitarian dictatorships has
consistently been aided, accompanied, or accomplished by repeated
acts of treachery, deceit, teaching of false doctrines, teaching
untruth, together with organized confusion, insubordination, and
disloyalty, fostered, directed, instigated, or employed by communist
organizations and their members in such countries.
(d) Within the boundaries of the State of California there are
active disciplined communist organizations presently functioning for
the primary purpose of advancing the objectives of the world
communism movement, which organizations promulgate, advocate, and
adhere to the precepts and the principles and doctrines of the world
communism movement. These communist organizations are characterized
by identification of their programs, policies, and objectives with
those of the world communism movement, and they regularly and
consistently cooperate with and endeavor to carry into execution
programs, policies and objectives substantially identical to
programs, policies, and objectives of such world communism movement.
(e) One of the objectives of the world communism movement is to
place its members in state and local government positions and in
state supported educational institutions. If this objective is
successful, propaganda can be disseminated by the members of these
organizations among pupils and students by those members who would
have the opportunity to teach them and to whom, as teachers, they
would look for guidance, authority, and leadership. The members of
such groups would use their positions to advocate and teach their
doctrines and teach the prescribed Communist Party line group dogma
or doctrine without regard to truth or free inquiry. This type of
propaganda is sufficiently subtle to escape detection.
There is a clear and present danger, which the Legislature of the
State of California finds is great and imminent, that in order to
advance the program, policies and objectives of the world communism
movement, communist organizations in the State of California and
their members will engage in concerted effort to hamper, restrict,
interfere with, impede, or nullify the efforts of the State and the
public agencies of the State to comply with and enforce the laws of
the State of California and their members will infiltrate and seek
employment by the State and its public agencies.
1028. It shall be sufficient cause for the dismissal of any public
employee when such public employee advocates or is knowingly a member
of the Communist Party or of an organization which during the time
of his membership he knows advocates overthrow of the Government of
the United States or of any state by force or violence.
1028.1. It shall be the duty of any public employee who may be
subpenaed or ordered by the governing body of the state or local
agency by which such employee is employed, to appear before such
governing body, or a committee or subcommittee thereof, or by a duly
authorized committee of the Congress of the United States or of the
Legislature of this State, or any subcommittee of any such committee,
to appear before such committee or subcommittee, and to answer under
oath a question or questions propounded by such governing body,
committee or subcommittee, or a member or counsel thereof, relating
to:
(a) Present personal advocacy by the employee of the forceful or
violent overthrow of the Government of the United States or of any
state.
(b) Present knowing membership in any organization now advocating
the forceful or violent overthrow of the Government of the United
States or of any state.
(c) Past knowing membership at any time since October 3, 1945, in
any organization which, to the knowledge of such employee, during the
time of the employee's membership advocated the forceful or violent
overthrow of the Government of the United States or of any state.
(d) Questions as to present knowing membership of such employee in
the Communist Party or as to past knowing membership in the
Communist Party at any time since October 3, 1945.
(e) Present personal advocacy by the employee of the support of a
foreign government against the United States in the event of
hostilities between said foreign government and the United States.
Any employee who fails or refuses to appear or to answer under
oath on any ground whatsoever any such questions so propounded shall
be guilty of insubordination and guilty of violating this section and
shall be suspended and dismissed from his employment in the manner
provided by law.
1028.2. Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of
the Statutes of 1947, are not applicable to school district
employees. It is the intent of the Legislature that the Education
Code shall apply to such employees.
1029. (a) Except as provided in subdivision (b), (c), or (d), each
of the following persons is disqualified from holding office as a
peace officer or being employed as a peace officer of the state,
county, city, city and county or other political subdivision, whether
with or without compensation, and is disqualified from any office or
employment by the state, county, city, city and county or other
political subdivision, whether with or without compensation, which
confers upon the holder or employee the powers and duties of a peace
officer:
(1) Any person who has been convicted of a felony.
(2) Any person who has been convicted of any offense in any other
jurisdiction which would have been a felony if committed in this
state.
(3) Any person who, after January 1, 2004, has been convicted of a
crime based upon a verdict or finding of guilt of a felony by the
trier of fact, or upon the entry of a plea of guilty or nolo
contendere to a felony. This paragraph shall apply regardless of
whether, pursuant to subdivision (b) of Section 17 of the Penal Code,
the court declares the offense to be a misdemeanor or the offense
becomes a misdemeanor by operation of law.
(4) Any person who has been charged with a felony and adjudged by
a superior court to be mentally incompetent under Chapter 6
(commencing with Section 1367) of Title 10 of Part 2 of the Penal
Code.
(5) Any person who has been found not guilty by reason of insanity
of any felony.
(6) Any person who has been determined to be a mentally disordered
sex offender pursuant to Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code.
(7) Any person adjudged addicted or in danger of becoming addicted
to narcotics, convicted, and committed to a state institution as
provided in Section 3051 of the Welfare and Institutions Code.
(b) (1) A plea of guilty to a felony pursuant to a deferred entry
of judgment program as set forth in Sections 1000 to 1000.4,
inclusive, of the Penal Code shall not alone disqualify a person from
being a peace officer unless a judgment of guilty is entered
pursuant to Section 1000.3 of the Penal Code.
(2) A person who pleads guilty or nolo contendere to, or who is
found guilty by a trier of fact of, an alternate felony-misdemeanor
drug possession offense and successfully completes a program of
probation pursuant to Section 1210.1 of the Penal Code shall not be
disqualified from being a peace officer solely on the basis of the
plea or finding if the court deems the offense to be a misdemeanor or
reduces the offense to a misdemeanor.
(c) Any person who has been convicted of a felony, other than a
felony punishable by death, in this state or any other state, or who
has been convicted of any offense in any other state which would have
been a felony, other than a felony punishable by death, if committed
in this state, and who demonstrates the ability to assist persons in
programs of rehabilitation may hold office and be employed as a
parole officer of the Department of Corrections or the Department of
the Youth Authority, or as a probation officer in a county probation
department, if he or she has been granted a full and unconditional
pardon for the felony or offense of which he or she was convicted.
Notwithstanding any other provision of law, the Department of
Corrections or the Department of the Youth Authority, or a county
probation department, may refuse to employ that person regardless of
his or her qualifications.
(d) Nothing in this section shall be construed to limit or curtail
the power or authority of any board of police commissioners, chief
of police, sheriff, mayor, or other appointing authority to appoint,
employ, or deputize any person as a peace officer in time of disaster
caused by flood, fire, pestilence or similar public calamity, or to
exercise any power conferred by law to summon assistance in making
arrests or preventing the commission of any criminal offense.
(e) Nothing in this section shall be construed to prohibit any
person from holding office or being employed as a superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, if at the time of the
person's hire a prior conviction of a felony was known to the person'
s employer, and the class of office for which the person was hired
was not declared by law to be a class prohibited to persons convicted
of a felony, but as a result of a change in classification, as
provided by law, the new classification would prohibit employment of
a person convicted of a felony.
1029.1. The Department of Corrections and the Department of the
Youth Authority shall complete a background investigation, using as
guidelines standards defined by the Commission on Peace Officer
Standards and Training, of any applicant for employment as a peace
officer before the applicant may be employed or begin training as a
peace officer. In order to reduce potential duplication of effort by
individual institutions, investigations shall be accomplished by each
department on a centralized or regional basis to the extent
administratively feasible.
1030. A classifiable set of the fingerprints of every person who is
now employed, or who hereafter becomes employed, as a peace officer
of the state, or of a county, city, city and county or other
political subdivision, whether with or without compensation, shall be
furnished to the Department of Justice and to the Federal Bureau of
Investigation by the sheriff, chief of police or other appropriate
appointing authority of the agency by whom the person is employed.
This section shall not apply to any currently employed peace
officer whose appointment antedates the effective date of this
section and whose fingerprints have already been submitted by his
appointing authority to the Department of Justice and to the Federal
Bureau of Investigation.
1031. Each class of public officers or employees declared by law to
be peace officers shall meet all of the following minimum standards:
(a) Be a citizen of the United States or a permanent resident
alien who is eligible for and has applied for citizenship, except as
provided in Section 2267 of the Vehicle Code.
(b) Be at least 18 years of age.
(c) Be fingerprinted for purposes of search of local, state, and
national fingerprint files to disclose a criminal record.
(d) Be of good moral character, as determined by a thorough
background investigation.
(e) Be a high school graduate, pass the General Education
Development Test indicating high school graduation level, pass the
California High School Proficiency Examination, or have attained a
two-year, four-year, or advanced degree from an accredited college or
university. The high school shall be either a United States public
school, an accredited United States Department of Defense high
school, or an accredited or approved public or nonpublic high school.
Any accreditation or approval required by this paragraph shall be
from a state or local government educational agency using local or
state government approved accreditation, licensing, registration, or
other approval standards, a regional accrediting association, an
accrediting association recognized by the Secretary of the United
States Department of Education, an accrediting association holding
full membership in the National Council for Private School
Accreditation (NCPSA), an organization holding full membership in the
Commission on International and Trans-Regional Accreditation (CITA),
an organization holding full membership in the Council for American
Private Education (CAPE), or an accrediting association recognized by
the National Federation of Nonpublic School State Accrediting
Associations (NFNSSAA).
(f) Be found to be free from any physical, emotional, or mental
condition that might adversely affect the exercise of the powers of a
peace officer.
(1) Physical condition shall be evaluated by a licensed physician
and surgeon.
(2) Emotional and mental condition shall be evaluated by either of
the following:
(A) A physician and surgeon who holds a valid California license
to practice medicine, has successfully completed a postgraduate
medical residency education program in psychiatry accredited by the
Accreditation Council for Graduate Medical Education, and has at
least the equivalent of five full-time years of experience in the
diagnosis and treatment of emotional and mental disorders, including
the equivalent of three full-time years accrued after completion of
the psychiatric residency program.
(B) A psychologist licensed by the California Board of Psychology
who has at least the equivalent of five full-time years of experience
in the diagnosis and treatment of emotional and mental disorders,
including the equivalent of three full-time years accrued
postdoctorate.
The physician and surgeon or psychologist shall also have met any
applicable education and training procedures set forth by the
California Commission on Peace Officer Standards and Training
designed for the conduct of preemployment psychological screening of
peace officers.
(g) This section shall not be construed to preclude the adoption
of additional or higher standards, including age.
(h) This section shall become operative on January 1, 2005.
1031.1. (a) For purposes of performing a thorough background
investigation for applicants not currently employed as a peace
officer, as required by subdivision (d) of Section 1031, an employer
shall disclose employment information relating to a current or former
employee, upon request of a law enforcement agency, if all of the
following conditions are met:
(1) The request is made in writing.
(2) The request is accompanied by a notarized authorization by the
applicant releasing the employer of liability.
(3) The request and the authorization are presented to the
employer by a sworn officer or other authorized representative of the
employing law enforcement agency.
(b) In the absence of fraud or malice, no employer shall be
subject to any civil liability for any relevant cause of action by
virtue of releasing employment information required pursuant to this
section. Nothing in this section is intended to, nor does in any way
or manner, abrogate or lessen the existing common law or statutory
privileges and immunities of an employer.
(c) For purposes of this section, "employment information"
includes written information in connection with job applications,
performance evaluations, attendance records, disciplinary actions,
eligibility for rehire, and other information relevant to peace
officer performance, except information prohibited from disclosure by
any other state or federal law or regulation.
(d) An employer's refusal to disclose information to a law
enforcement agency in accordance with this section shall constitute
grounds for a civil action for injunctive relief requiring disclosure
on the part of an employer.
(e) Employment information disclosed by an employer to an initial
requesting law enforcement agency shall be deemed confidential.
However, the initial requesting law enforcement agency may disclose
this information to another authorized law enforcement agency that is
also conducting a peace officer background investigation. Whenever
this information is disclosed to another law enforcement agency, that
agency shall utilize the information for investigative leads only
and the information shall be independently verified by that agency in
order to be used in determining the suitability of a peace officer
applicant.
(f) An employer may charge reasonable fees to cover actual costs
incurred in copying and furnishing documents to law enforcement
agencies as required by this section.
1031.2. Consistent with the Americans with Disabilities Act of 1990
(Public Law 101-336) and paragraph (3) of subdivision (e) of Section
12940, the collection of nonmedical or nonpsychological information
of peace officers, in accordance with a thorough background
investigation, as required by subdivision (d) of Section 1031, may be
deferred until after a conditional offer of employment is issued if
the employer can demonstrate that the information could not
reasonably have been collected prior to the offer.
1031.5. (a) Any person employed by a governmental agency on
September 13, 1982, as a peace officer or a peace officer trainee, or
who, prior to September 13, 1982, had applied to fill a position as
a peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, is not subject to the
requirement of subdivision (a) of Section 1031 prior to its amendment
by Chapter 943 of the Statutes of 1982, provided that any person
qualifying for this exemption shall, as soon as legally possible,
apply for and meet all of the requirements for United States
citizenship specified in existing law, and shall be subject to
subdivisions (b) and (c).
(b) Any permanent resident alien who is employed as a peace
officer shall diligently cooperate with the Immigration and
Naturalization Service in the processing of his or her application
for citizenship and shall be disqualified from holding that position
if, three years after the filing of his or her application for
employment, the person has not obtained citizenship due to his or her
failure to cooperate in the processing of the application for
citizenship.
(c) Any permanent resident alien who is employed as a peace
officer shall be disqualified from holding that position if his or
her application for citizenship is denied.
1040. (a) The Department of Motor Vehicles may require fingerprint
images and associated information from an employee or prospective
employee whose duties include or would include any of the following:
(1) Access to confidential information in a database of the
department.
(2) Access to confidential or sensitive information provided by a
member of the public including, but not limited to, a credit card
number or social security account number.
(3) Access to cash, checks, or other accountable items.
(4) Responsibility for the development or maintenance of a
critical automated system.
(5) Making decisions regarding the issuance or denial of a
license, endorsement, certificate, or indicia.
(b) The fingerprint images and associated information of an
employee or prospective employee of the Department of Motor Vehicles
whose duties include or would include those specified in subdivision
(a), or any person who assumes those duties, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial. Requests for
federal level criminal offender record information, received by the
Department of Justice, pursuant to this section, shall be forwarded
to the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the Department of
Motor Vehicles with information as provided under subdivision (p) of
Section 11105 of the Penal Code.
(d) The Department of Motor Vehicles shall request subsequent
arrest notification, from the Department of Justice, as provided
under Section 11105.2 of the Penal Code, for applicants described in
subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department
of Motor Vehicles whose appointment occurred prior to January 1,
2005.
(g) The Department of Motor Vehicles may investigate the criminal
history of persons applying for employment in order to make a final
determination of that person's fitness to perform duties that would
include any of those specified in subdivision (a).
1041. (a) (1) The Department of Managed Health Care may require
fingerprint images and associated information from a prospective
employee whose duties would include access to medical information.
(2) The department shall require that any services contract or
interagency agreement that may include review of medical information
for compliance with the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code), and entered into, renewed, or amended after
January 1, 2006, shall include a provision requiring the contractor
to agree to permit the department to run criminal background checks
on its employees, contractors, agents, or subcontractors that will
have access to this information as part of their contract with the
department.
(b) The fingerprint images and associated information of a
prospective employee, contractor, agent, subcontractor, or employee
of a contractor of the Department of Managed Health Care whose duties
include or would include access to the information specified in
subdivision (a), or any person who assumes those duties, may be
furnished to the Department of Justice for the purpose of obtaining
information as to the existence and nature of a record of state or
federal level convictions and state or federal level arrests for
which the Department of Justice establishes that the applicant was
released on bail or on his or her own recognizance pending trial.
Requests for federal level criminal offender record information,
received by the Department of Justice, pursuant to this section,
shall be forwarded to the Federal Bureau of Investigation by the
Department of Justice.
(c) The Department of Justice shall respond to the Department of
Managed Health Care with information as provided under subdivision
(p) of Section 11105 of the Penal Code.
(d) The Department of Managed Health Care shall request subsequent
arrest notification, from the Department of Justice, as provided
under Section 11105.2 of the Penal Code, for applicants described in
subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department
of Managed Health Care whose appointment occurred prior to January 1,
2006.
(g) The Department of Managed Health Care may investigate the
criminal history for crimes involving moral turpitude of persons
applying for employment in order to make a final determination of
that person's fitness to perform duties that would include any access
to confidential information.
1042. (a) (1) The California Gambling Control Commission may
require fingerprint images and associated information from a
prospective employee if the employee's duties include, or would
include, access to any of the following:
(A) Information that is required to be kept confidential under the
Gambling Control Act (Chapter 5 (commencing with Section 19800) of
Division 8 of the Business and Professions Code) or any tribal-state
gaming compact, including, but not limited to, applications for
licenses or findings of suitability, and information provided by or
received from a tribe in connection with a tribal-state gaming
compact.
(B) Access to state summary criminal history information, as
defined in Section 11105 of the Penal Code, whether in full or in
summary.
(C) Access to cash, checks, or other accountable items.
(2) The commission shall require that any services contract that
is entered into, renewed, or amended on or after January 1, 2009,
include a provision requiring the contractor to agree to permit the
commission to require fingerprint images and associated information
from the contractor's employees, contractors, agents, or
subcontractors, whose duties include, or would include, access to
information and accountable items under paragraph (1) as part of a
contract with the commission, in order for the commission to request
criminal background checks on those individuals.
(b) The fingerprint images and associated information of a
prospective employee, contractor, agent, subcontractor, or employee
of a contractor of the California Gambling Control Commission whose
duties include, or would include, access to the information or
accountable items specified under paragraph (1) of subdivision (a),
or any person who assumes duties that include access to that
information or those accountable items, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial. Requests for
federal level criminal offender record information received by the
Department of Justice pursuant to this section shall be forwarded to
the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the California
Gambling Control Commission with information as provided under
subdivision (p) of Section 11105 of the Penal Code.
(d) The California Gambling Control Commission shall request
subsequent arrest notification from the Department of Justice, as
provided under Section 11105.2 of the Penal Code, for individuals
described in subdivision (a) hired on or after January 1, 2009.
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the California
Gambling Control Commission whose appointment occurred prior to
January 1, 2009.
(g) The executive director of the California Gambling Control
Commission may investigate the criminal history of persons applying
for employment and prospective service contractors and their agents,
subcontractors, or employees, in order to make a final determination
of a person's fitness to perform duties that would include access to
any information or accountable items specified under paragraph (1) of
subdivision (a). Under no circumstances shall a person who would be
disqualified from holding a state gambling license pursuant to
subdivisions (c) to (f), inclusive, of Section 19859 of the Business
and Professions Code be selected, appointed, or hired in a position
that would include any duties involving access to information or
accountable items specified under paragraph (1) of subdivision (a).
1020. A person is incapable of holding a civil office if at the
time of his election or appointment he is not 18 years of age and a
citizen of the state.
1020.5. (a) Notwithstanding Section 1020 or any other provision of
law, no person shall be incapable of holding any office in a youth
services bureau solely by reason of being under 18 years of age.
(b) For purposes of this section, the term "youth services bureau"
means a state or local public agency, including a joint powers
agency, which has as its primary purpose the establishment of a
program of prevention of juvenile delinquency and to provide
opportunities for young people to function as responsible members of
the community.
1021. A person is disqualified from holding any office upon
conviction of designated crimes as specified in the Constitution and
laws of the State.
1022. Other provisions respecting disqualification for particular
offices are contained in the Constitution and in the laws concerning
the various offices.
1023. A person is ineligible to hold office or employment of any
kind under the State, any county, city, district or other political
or governmental unit of the State if he, while either a citizen or
resident of the United States, has by oath bound himself to support,
maintain or further the military or political activities or policies
of any foreign government or of any official thereof or society or
association therein or to obey the orders or directions of any
foreign government or of any official thereof.
1024. Any person who holds any office or employment under the state
or any county, city, district or other political or governmental
unit of the state and who has taken any oath described in Section
1023 is relieved of ineligibility to office or employment if he or
she petitions any superior court for leave to renounce all promises
or obligations assumed by him or her under that oath, and renounces
all those promises or obligations before a judge of that court.
Any other person who has taken or hereafter takes any such oath
may at any time be relieved of ineligibility by petitioning any
superior court and renouncing all such promises or obligations in
like manner.
1026. Every person who exercises the duties of any office in
violation of the provisions of this article relative to oaths, and
every person who knowingly appoints to office a person ineligible by
reason of the provisions of this article relative to oaths, is guilty
of a felony.
1027. Every person who exercises the duties of any employment in
violation of the provisions of this article relative to oaths, and
every person who knowingly employs a person ineligible by reason of
the provisions of this article relative to oaths, is guilty of a
misdemeanor.
1027.5. The Legislature of the State of California finds that:
(a) There exists a world-wide revolutionary movement to establish
a totalitarian dictatorship based upon force and violence rather than
upon law.
(b) This world-wide revolutionary movement is predicated upon and
it is designed and intended to carry into execution the basic
precepts of communism as expounded by Marx, Lenin, and Stalin.
(c) Pursuant to the objectives of the world communism movement, in
numerous foreign countries the legally constituted governments have
been overthrown and totalitarian dictatorships established therein
against the will of the people, and the establishment of similar
dictatorships in other countries is imminently threatening. The
successful establishment of totalitarian dictatorships has
consistently been aided, accompanied, or accomplished by repeated
acts of treachery, deceit, teaching of false doctrines, teaching
untruth, together with organized confusion, insubordination, and
disloyalty, fostered, directed, instigated, or employed by communist
organizations and their members in such countries.
(d) Within the boundaries of the State of California there are
active disciplined communist organizations presently functioning for
the primary purpose of advancing the objectives of the world
communism movement, which organizations promulgate, advocate, and
adhere to the precepts and the principles and doctrines of the world
communism movement. These communist organizations are characterized
by identification of their programs, policies, and objectives with
those of the world communism movement, and they regularly and
consistently cooperate with and endeavor to carry into execution
programs, policies and objectives substantially identical to
programs, policies, and objectives of such world communism movement.
(e) One of the objectives of the world communism movement is to
place its members in state and local government positions and in
state supported educational institutions. If this objective is
successful, propaganda can be disseminated by the members of these
organizations among pupils and students by those members who would
have the opportunity to teach them and to whom, as teachers, they
would look for guidance, authority, and leadership. The members of
such groups would use their positions to advocate and teach their
doctrines and teach the prescribed Communist Party line group dogma
or doctrine without regard to truth or free inquiry. This type of
propaganda is sufficiently subtle to escape detection.
There is a clear and present danger, which the Legislature of the
State of California finds is great and imminent, that in order to
advance the program, policies and objectives of the world communism
movement, communist organizations in the State of California and
their members will engage in concerted effort to hamper, restrict,
interfere with, impede, or nullify the efforts of the State and the
public agencies of the State to comply with and enforce the laws of
the State of California and their members will infiltrate and seek
employment by the State and its public agencies.
1028. It shall be sufficient cause for the dismissal of any public
employee when such public employee advocates or is knowingly a member
of the Communist Party or of an organization which during the time
of his membership he knows advocates overthrow of the Government of
the United States or of any state by force or violence.
1028.1. It shall be the duty of any public employee who may be
subpenaed or ordered by the governing body of the state or local
agency by which such employee is employed, to appear before such
governing body, or a committee or subcommittee thereof, or by a duly
authorized committee of the Congress of the United States or of the
Legislature of this State, or any subcommittee of any such committee,
to appear before such committee or subcommittee, and to answer under
oath a question or questions propounded by such governing body,
committee or subcommittee, or a member or counsel thereof, relating
to:
(a) Present personal advocacy by the employee of the forceful or
violent overthrow of the Government of the United States or of any
state.
(b) Present knowing membership in any organization now advocating
the forceful or violent overthrow of the Government of the United
States or of any state.
(c) Past knowing membership at any time since October 3, 1945, in
any organization which, to the knowledge of such employee, during the
time of the employee's membership advocated the forceful or violent
overthrow of the Government of the United States or of any state.
(d) Questions as to present knowing membership of such employee in
the Communist Party or as to past knowing membership in the
Communist Party at any time since October 3, 1945.
(e) Present personal advocacy by the employee of the support of a
foreign government against the United States in the event of
hostilities between said foreign government and the United States.
Any employee who fails or refuses to appear or to answer under
oath on any ground whatsoever any such questions so propounded shall
be guilty of insubordination and guilty of violating this section and
shall be suspended and dismissed from his employment in the manner
provided by law.
1028.2. Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of
the Statutes of 1947, are not applicable to school district
employees. It is the intent of the Legislature that the Education
Code shall apply to such employees.
1029. (a) Except as provided in subdivision (b), (c), or (d), each
of the following persons is disqualified from holding office as a
peace officer or being employed as a peace officer of the state,
county, city, city and county or other political subdivision, whether
with or without compensation, and is disqualified from any office or
employment by the state, county, city, city and county or other
political subdivision, whether with or without compensation, which
confers upon the holder or employee the powers and duties of a peace
officer:
(1) Any person who has been convicted of a felony.
(2) Any person who has been convicted of any offense in any other
jurisdiction which would have been a felony if committed in this
state.
(3) Any person who, after January 1, 2004, has been convicted of a
crime based upon a verdict or finding of guilt of a felony by the
trier of fact, or upon the entry of a plea of guilty or nolo
contendere to a felony. This paragraph shall apply regardless of
whether, pursuant to subdivision (b) of Section 17 of the Penal Code,
the court declares the offense to be a misdemeanor or the offense
becomes a misdemeanor by operation of law.
(4) Any person who has been charged with a felony and adjudged by
a superior court to be mentally incompetent under Chapter 6
(commencing with Section 1367) of Title 10 of Part 2 of the Penal
Code.
(5) Any person who has been found not guilty by reason of insanity
of any felony.
(6) Any person who has been determined to be a mentally disordered
sex offender pursuant to Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code.
(7) Any person adjudged addicted or in danger of becoming addicted
to narcotics, convicted, and committed to a state institution as
provided in Section 3051 of the Welfare and Institutions Code.
(b) (1) A plea of guilty to a felony pursuant to a deferred entry
of judgment program as set forth in Sections 1000 to 1000.4,
inclusive, of the Penal Code shall not alone disqualify a person from
being a peace officer unless a judgment of guilty is entered
pursuant to Section 1000.3 of the Penal Code.
(2) A person who pleads guilty or nolo contendere to, or who is
found guilty by a trier of fact of, an alternate felony-misdemeanor
drug possession offense and successfully completes a program of
probation pursuant to Section 1210.1 of the Penal Code shall not be
disqualified from being a peace officer solely on the basis of the
plea or finding if the court deems the offense to be a misdemeanor or
reduces the offense to a misdemeanor.
(c) Any person who has been convicted of a felony, other than a
felony punishable by death, in this state or any other state, or who
has been convicted of any offense in any other state which would have
been a felony, other than a felony punishable by death, if committed
in this state, and who demonstrates the ability to assist persons in
programs of rehabilitation may hold office and be employed as a
parole officer of the Department of Corrections or the Department of
the Youth Authority, or as a probation officer in a county probation
department, if he or she has been granted a full and unconditional
pardon for the felony or offense of which he or she was convicted.
Notwithstanding any other provision of law, the Department of
Corrections or the Department of the Youth Authority, or a county
probation department, may refuse to employ that person regardless of
his or her qualifications.
(d) Nothing in this section shall be construed to limit or curtail
the power or authority of any board of police commissioners, chief
of police, sheriff, mayor, or other appointing authority to appoint,
employ, or deputize any person as a peace officer in time of disaster
caused by flood, fire, pestilence or similar public calamity, or to
exercise any power conferred by law to summon assistance in making
arrests or preventing the commission of any criminal offense.
(e) Nothing in this section shall be construed to prohibit any
person from holding office or being employed as a superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, if at the time of the
person's hire a prior conviction of a felony was known to the person'
s employer, and the class of office for which the person was hired
was not declared by law to be a class prohibited to persons convicted
of a felony, but as a result of a change in classification, as
provided by law, the new classification would prohibit employment of
a person convicted of a felony.
1029.1. The Department of Corrections and the Department of the
Youth Authority shall complete a background investigation, using as
guidelines standards defined by the Commission on Peace Officer
Standards and Training, of any applicant for employment as a peace
officer before the applicant may be employed or begin training as a
peace officer. In order to reduce potential duplication of effort by
individual institutions, investigations shall be accomplished by each
department on a centralized or regional basis to the extent
administratively feasible.
1030. A classifiable set of the fingerprints of every person who is
now employed, or who hereafter becomes employed, as a peace officer
of the state, or of a county, city, city and county or other
political subdivision, whether with or without compensation, shall be
furnished to the Department of Justice and to the Federal Bureau of
Investigation by the sheriff, chief of police or other appropriate
appointing authority of the agency by whom the person is employed.
This section shall not apply to any currently employed peace
officer whose appointment antedates the effective date of this
section and whose fingerprints have already been submitted by his
appointing authority to the Department of Justice and to the Federal
Bureau of Investigation.
1031. Each class of public officers or employees declared by law to
be peace officers shall meet all of the following minimum standards:
(a) Be a citizen of the United States or a permanent resident
alien who is eligible for and has applied for citizenship, except as
provided in Section 2267 of the Vehicle Code.
(b) Be at least 18 years of age.
(c) Be fingerprinted for purposes of search of local, state, and
national fingerprint files to disclose a criminal record.
(d) Be of good moral character, as determined by a thorough
background investigation.
(e) Be a high school graduate, pass the General Education
Development Test indicating high school graduation level, pass the
California High School Proficiency Examination, or have attained a
two-year, four-year, or advanced degree from an accredited college or
university. The high school shall be either a United States public
school, an accredited United States Department of Defense high
school, or an accredited or approved public or nonpublic high school.
Any accreditation or approval required by this paragraph shall be
from a state or local government educational agency using local or
state government approved accreditation, licensing, registration, or
other approval standards, a regional accrediting association, an
accrediting association recognized by the Secretary of the United
States Department of Education, an accrediting association holding
full membership in the National Council for Private School
Accreditation (NCPSA), an organization holding full membership in the
Commission on International and Trans-Regional Accreditation (CITA),
an organization holding full membership in the Council for American
Private Education (CAPE), or an accrediting association recognized by
the National Federation of Nonpublic School State Accrediting
Associations (NFNSSAA).
(f) Be found to be free from any physical, emotional, or mental
condition that might adversely affect the exercise of the powers of a
peace officer.
(1) Physical condition shall be evaluated by a licensed physician
and surgeon.
(2) Emotional and mental condition shall be evaluated by either of
the following:
(A) A physician and surgeon who holds a valid California license
to practice medicine, has successfully completed a postgraduate
medical residency education program in psychiatry accredited by the
Accreditation Council for Graduate Medical Education, and has at
least the equivalent of five full-time years of experience in the
diagnosis and treatment of emotional and mental disorders, including
the equivalent of three full-time years accrued after completion of
the psychiatric residency program.
(B) A psychologist licensed by the California Board of Psychology
who has at least the equivalent of five full-time years of experience
in the diagnosis and treatment of emotional and mental disorders,
including the equivalent of three full-time years accrued
postdoctorate.
The physician and surgeon or psychologist shall also have met any
applicable education and training procedures set forth by the
California Commission on Peace Officer Standards and Training
designed for the conduct of preemployment psychological screening of
peace officers.
(g) This section shall not be construed to preclude the adoption
of additional or higher standards, including age.
(h) This section shall become operative on January 1, 2005.
1031.1. (a) For purposes of performing a thorough background
investigation for applicants not currently employed as a peace
officer, as required by subdivision (d) of Section 1031, an employer
shall disclose employment information relating to a current or former
employee, upon request of a law enforcement agency, if all of the
following conditions are met:
(1) The request is made in writing.
(2) The request is accompanied by a notarized authorization by the
applicant releasing the employer of liability.
(3) The request and the authorization are presented to the
employer by a sworn officer or other authorized representative of the
employing law enforcement agency.
(b) In the absence of fraud or malice, no employer shall be
subject to any civil liability for any relevant cause of action by
virtue of releasing employment information required pursuant to this
section. Nothing in this section is intended to, nor does in any way
or manner, abrogate or lessen the existing common law or statutory
privileges and immunities of an employer.
(c) For purposes of this section, "employment information"
includes written information in connection with job applications,
performance evaluations, attendance records, disciplinary actions,
eligibility for rehire, and other information relevant to peace
officer performance, except information prohibited from disclosure by
any other state or federal law or regulation.
(d) An employer's refusal to disclose information to a law
enforcement agency in accordance with this section shall constitute
grounds for a civil action for injunctive relief requiring disclosure
on the part of an employer.
(e) Employment information disclosed by an employer to an initial
requesting law enforcement agency shall be deemed confidential.
However, the initial requesting law enforcement agency may disclose
this information to another authorized law enforcement agency that is
also conducting a peace officer background investigation. Whenever
this information is disclosed to another law enforcement agency, that
agency shall utilize the information for investigative leads only
and the information shall be independently verified by that agency in
order to be used in determining the suitability of a peace officer
applicant.
(f) An employer may charge reasonable fees to cover actual costs
incurred in copying and furnishing documents to law enforcement
agencies as required by this section.
1031.2. Consistent with the Americans with Disabilities Act of 1990
(Public Law 101-336) and paragraph (3) of subdivision (e) of Section
12940, the collection of nonmedical or nonpsychological information
of peace officers, in accordance with a thorough background
investigation, as required by subdivision (d) of Section 1031, may be
deferred until after a conditional offer of employment is issued if
the employer can demonstrate that the information could not
reasonably have been collected prior to the offer.
1031.5. (a) Any person employed by a governmental agency on
September 13, 1982, as a peace officer or a peace officer trainee, or
who, prior to September 13, 1982, had applied to fill a position as
a peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, is not subject to the
requirement of subdivision (a) of Section 1031 prior to its amendment
by Chapter 943 of the Statutes of 1982, provided that any person
qualifying for this exemption shall, as soon as legally possible,
apply for and meet all of the requirements for United States
citizenship specified in existing law, and shall be subject to
subdivisions (b) and (c).
(b) Any permanent resident alien who is employed as a peace
officer shall diligently cooperate with the Immigration and
Naturalization Service in the processing of his or her application
for citizenship and shall be disqualified from holding that position
if, three years after the filing of his or her application for
employment, the person has not obtained citizenship due to his or her
failure to cooperate in the processing of the application for
citizenship.
(c) Any permanent resident alien who is employed as a peace
officer shall be disqualified from holding that position if his or
her application for citizenship is denied.
1040. (a) The Department of Motor Vehicles may require fingerprint
images and associated information from an employee or prospective
employee whose duties include or would include any of the following:
(1) Access to confidential information in a database of the
department.
(2) Access to confidential or sensitive information provided by a
member of the public including, but not limited to, a credit card
number or social security account number.
(3) Access to cash, checks, or other accountable items.
(4) Responsibility for the development or maintenance of a
critical automated system.
(5) Making decisions regarding the issuance or denial of a
license, endorsement, certificate, or indicia.
(b) The fingerprint images and associated information of an
employee or prospective employee of the Department of Motor Vehicles
whose duties include or would include those specified in subdivision
(a), or any person who assumes those duties, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial. Requests for
federal level criminal offender record information, received by the
Department of Justice, pursuant to this section, shall be forwarded
to the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the Department of
Motor Vehicles with information as provided under subdivision (p) of
Section 11105 of the Penal Code.
(d) The Department of Motor Vehicles shall request subsequent
arrest notification, from the Department of Justice, as provided
under Section 11105.2 of the Penal Code, for applicants described in
subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department
of Motor Vehicles whose appointment occurred prior to January 1,
2005.
(g) The Department of Motor Vehicles may investigate the criminal
history of persons applying for employment in order to make a final
determination of that person's fitness to perform duties that would
include any of those specified in subdivision (a).
1041. (a) (1) The Department of Managed Health Care may require
fingerprint images and associated information from a prospective
employee whose duties would include access to medical information.
(2) The department shall require that any services contract or
interagency agreement that may include review of medical information
for compliance with the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code), and entered into, renewed, or amended after
January 1, 2006, shall include a provision requiring the contractor
to agree to permit the department to run criminal background checks
on its employees, contractors, agents, or subcontractors that will
have access to this information as part of their contract with the
department.
(b) The fingerprint images and associated information of a
prospective employee, contractor, agent, subcontractor, or employee
of a contractor of the Department of Managed Health Care whose duties
include or would include access to the information specified in
subdivision (a), or any person who assumes those duties, may be
furnished to the Department of Justice for the purpose of obtaining
information as to the existence and nature of a record of state or
federal level convictions and state or federal level arrests for
which the Department of Justice establishes that the applicant was
released on bail or on his or her own recognizance pending trial.
Requests for federal level criminal offender record information,
received by the Department of Justice, pursuant to this section,
shall be forwarded to the Federal Bureau of Investigation by the
Department of Justice.
(c) The Department of Justice shall respond to the Department of
Managed Health Care with information as provided under subdivision
(p) of Section 11105 of the Penal Code.
(d) The Department of Managed Health Care shall request subsequent
arrest notification, from the Department of Justice, as provided
under Section 11105.2 of the Penal Code, for applicants described in
subdivision (a).
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the Department
of Managed Health Care whose appointment occurred prior to January 1,
2006.
(g) The Department of Managed Health Care may investigate the
criminal history for crimes involving moral turpitude of persons
applying for employment in order to make a final determination of
that person's fitness to perform duties that would include any access
to confidential information.
1042. (a) (1) The California Gambling Control Commission may
require fingerprint images and associated information from a
prospective employee if the employee's duties include, or would
include, access to any of the following:
(A) Information that is required to be kept confidential under the
Gambling Control Act (Chapter 5 (commencing with Section 19800) of
Division 8 of the Business and Professions Code) or any tribal-state
gaming compact, including, but not limited to, applications for
licenses or findings of suitability, and information provided by or
received from a tribe in connection with a tribal-state gaming
compact.
(B) Access to state summary criminal history information, as
defined in Section 11105 of the Penal Code, whether in full or in
summary.
(C) Access to cash, checks, or other accountable items.
(2) The commission shall require that any services contract that
is entered into, renewed, or amended on or after January 1, 2009,
include a provision requiring the contractor to agree to permit the
commission to require fingerprint images and associated information
from the contractor's employees, contractors, agents, or
subcontractors, whose duties include, or would include, access to
information and accountable items under paragraph (1) as part of a
contract with the commission, in order for the commission to request
criminal background checks on those individuals.
(b) The fingerprint images and associated information of a
prospective employee, contractor, agent, subcontractor, or employee
of a contractor of the California Gambling Control Commission whose
duties include, or would include, access to the information or
accountable items specified under paragraph (1) of subdivision (a),
or any person who assumes duties that include access to that
information or those accountable items, may be furnished to the
Department of Justice for the purpose of obtaining information as to
the existence and nature of a record of state or federal level
convictions and state or federal level arrests for which the
Department of Justice establishes that the applicant was released on
bail or on his or her own recognizance pending trial. Requests for
federal level criminal offender record information received by the
Department of Justice pursuant to this section shall be forwarded to
the Federal Bureau of Investigation by the Department of Justice.
(c) The Department of Justice shall respond to the California
Gambling Control Commission with information as provided under
subdivision (p) of Section 11105 of the Penal Code.
(d) The California Gambling Control Commission shall request
subsequent arrest notification from the Department of Justice, as
provided under Section 11105.2 of the Penal Code, for individuals
described in subdivision (a) hired on or after January 1, 2009.
(e) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(f) This section does not apply to an employee of the California
Gambling Control Commission whose appointment occurred prior to
January 1, 2009.
(g) The executive director of the California Gambling Control
Commission may investigate the criminal history of persons applying
for employment and prospective service contractors and their agents,
subcontractors, or employees, in order to make a final determination
of a person's fitness to perform duties that would include access to
any information or accountable items specified under paragraph (1) of
subdivision (a). Under no circumstances shall a person who would be
disqualified from holding a state gambling license pursuant to
subdivisions (c) to (f), inclusive, of Section 19859 of the Business
and Professions Code be selected, appointed, or hired in a position
that would include any duties involving access to information or
accountable items specified under paragraph (1) of subdivision (a).
