Section 2432.3 Of Article 3.3. Tow Truck Drivers From California Vehicle Code >> Division 2. >> Chapter 2. >> Article 3.3.
2432.3
. (a) This article does not preempt the authority of any
city, city and county, or county to regulate, pursuant to subdivision
(g) of Section 21100, any of the matters covered by this article.
(b) (1) For the purposes of verifying the criminal history of
individuals involved in the operation of tow truck services, law
enforcement agencies of any city, city and county, or county may
conduct criminal history checks for all of the following:
(A) Applicants for employment to drive tow trucks.
(B) Those who drive tow trucks.
(C) Tow truck owners-operators.
(2) The law enforcement agency may obtain the fingerprints of the
individuals on a form approved by the Department of Justice and
provided by the agency. The fingerprint samples shall be submitted to
the Department of Justice for the purpose of determining whether the
individual has been convicted of any violation, including, but not
limited to, Section 220, subdivision (1), (2), (3), or (4) of Section
261, or Section 264.1, 267, 288, or 289 of the Penal Code, or any
felony or three misdemeanors as set forth in subparagraph (B) of
paragraph (2) of subdivision (a) of Section 5164 of the Public
Resources Code.
(3) For purposes of conducting criminal history screening of tow
truck driver applicants, employees, and employers who have not
resided continuously in the state for the previous seven years, the
law enforcement agency of any city, city and county, or county, may
obtain a second set of fingerprints, when necessary, and may submit
that card to the Federal Bureau of Investigation for out-of-state
criminal history checks.
(c) The law enforcement agency of any city, city and county, or
county may charge a fee sufficient to cover the cost of obtaining and
processing the fingerprint cards through the Department of Justice.
(d) For the purposes of conducting driver history screening of
applicants to drive tow trucks, employees, and owners-operators, the
law enforcement agency of any city, city and county, or county may
verify that the applicant or owner-operator, as the case may be, has
a valid California driver's license of the proper class, through the
use of the automated records system.
(e) The Department of Justice shall develop a procedure whereby it
will notify the requesting law enforcement agency if the person
fingerprinted has been convicted of any of the specified crimes or is
convicted of a specified crime subsequent to employment or beginning
operation of a tow service. The Department of Justice shall release
the requested information to the requesting agency.
(f) Information released to the requesting agency may be utilized
for licensing and regulating procedures established pursuant to
subdivision (g) of Section 21100.
(g) Information released to the requesting agency shall be related
to its inquiry, shall remain confidential, and shall not be made
public.