Pen. Code, § 11105.002 · Article 3. Criminal Identification and Statistics
Pen. Code, § 11105.002
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A government entity specified in subdivision (c) shall require specified applicants to undergo a fingerprint-based state and national criminal history background check.
(b) The government entities specified in this section shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105.
(c) The following government entities are authorized pursuant to this section:
(1) (A) Law enforcement agencies for peace officers and prospective peace officers, as designated in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (k) of Section 11105.
(B) As used in this subdivision, “law enforcement agencies” means a police or sheriff’s department, or any department or agency of the state or any political subdivision thereof that employs any peace officer, as designated in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) (A) Criminal justice agencies, as defined in Section 13101, for employees, prospective employees, volunteers, contractors, and subcontractors as specified in subparagraph (B). The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (l) of Section 11105.
(B) This paragraph only applies to a volunteer, contractor, or subcontractor who does either of the following:
(i) Provides services for the administration of criminal justice as that term is defined in Section 20.3 of Subpart A of Part 20 of Chapter I of Title 28 of the Code of Federal Regulations.
(ii) Has direct or remote access to the criminal justice agency’s systems or unescorted access to the criminal justice agency’s facilities.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid pursuant to state or federal law, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Notes and commentary — not statutory text
History
Amended by Stats. 2026, Ch. 313, Sec. 21. (AB 2796) Effective September 18, 2026.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=11105.002.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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