§ 50405.5

(a) Effective January 1, 2024, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for any employee, prospective employee, contractor, and subcontractor, whose duties include, or would include, access to nonanonymized confidential information, personally identifiable information, personal health information, or financial information received by the department or contained in any information systems or records of the department, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (o) of Section 11105 of the Penal Code.

(b) (1) The department shall require any services contract, interagency agreement, or public entity agreement that includes, or would include, access to information described in subdivision (a) to include a provision requiring the contractor to agree to do both of the following:

(A) Perform criminal background checks on its employees, contractors, agents, or subcontractors who will have access to information described in subdivision (a).

(B) Certify the results of the criminal background check to the department as part of their services contract, interagency agreement, or public entity agreement with the department.

(2) This subdivision shall only apply to a services contract, interagency agreement, or public entity agreement that is entered into, renewed, or amended on or after January 1, 2024.

(c) This section does not apply to employees hired before January 1, 2024, unless the employee has subsequently separated from state service pursuant to Section 19996 of the Government Code or accepted an appointment to a different appointing authority, as those terms are defined in Sections 18524 and 18525 of the Government Code.

(Added by Stats. 2023, Ch. 198, Sec. 16. (SB 152) Effective September 13, 2023.)