Section 11105.02 Of Article 3. Criminal Identification And Statistics From California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 3.
11105.02
. In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section 11105
and subject to the requirements and conditions set forth in that
section, the Attorney General shall furnish state summary criminal
history information upon a showing of a compelling need to any city,
county, city and county, or district, or any officer or official
thereof, when needed to assist in the screening of a prospective
concessionaire and their affiliates or associates, as these terms are
defined in subdivision (k) of Section 432.7 of the Labor Code for
purposes of consenting to, or approving of, the prospective
concessionaire's application for, or acquisition of, any beneficial
interest in a concession, lease, or other property interest.
Any local government's request for state summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this section. However, only state summary
criminal history information pertaining to criminal convictions, or
to arrests for offenses for which the person being screened is
incarcerated or has been released on bail or on his or her own
recognizance pending trial, may be obtained pursuant to this section.
Any information obtained from the state summary criminal history
information is confidential and the receiving local government shall
not disclose its contents, other than for the purpose for which it
was acquired. The state summary criminal history information in the
possession of the local government and all copies made from it shall
be destroyed not more than 30 days after the local government's final
decision to grant or deny consent to, or approval of, the
prospective concessionaire's application for, or acquisition of, a
beneficial interest in a concession, lease, or other property
interest. Nothing in this section shall be construed as imposing any
duty upon a local government, or any officer or official thereof, to
request state summary criminal history information on any current or
prospective concessionaire or the affiliates or associates of that
concessionaire.