California § 8544.1

§ 8544.1.

(a) (1) The California State Auditor shall require fingerprint images and related information from a prospective employee whose duties include or would include access to any of the following: (A) Records, documents, or information, the disclosure of which is restricted by law from release to the public, as described in Sections 8545, 8545.1, and 8545.2. (B) Confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act (Article 3 (commencing with Section 8547)). (C) Access to cash, checks, or other accountable items. (2) Any services contract that is entered into, renewed, or amended on or after January 1, 2024, by the State Auditor shall include a provision requiring the contractor to permit the State Auditor to require fingerprint images and related information from the contractor and the contractor’s employees and subcontractors, whose duties include, or would include, access to the records, documents, information, or items specified in paragraph (1) pursuant to the contract, in order for the State Auditor to request criminal background checks on those individuals pursuant to subdivision (b). (b) The California State Auditor shall submit to the Department of Justice fingerprint images of a prospective employee or contractor, or a contractor’s employee or subcontractor, that the California State Auditor obtains pursuant to subdivision (a), and related information required by the Department of Justice, for purposes of a state and federal level criminal history background check in accordance with subdivision (u) of Section 11105 of the Penal Code. (c) The Department of Justice shall provide a state or federal response, or both if applicable, to the California State Auditor pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The California State Auditor may investigate the criminal history of the following individuals to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items specified in paragraph (1) of subdivision (a): (1) A prospective employee. (2) A prospective contractor and the contractor’s employees and subcontractors.