§ 2947. Communications intended to deprive discharged prisoner from employment or to extort; threats; offense Any person who knowingly and wilfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted of a felony, and then finally discharged, and which communication is made with the purpose and intent to deprive said person so convicted of employment, or to prevent him from procuring the same, or with the purpose and intent to extort from him any money or article of value; and any person who threatens to make any said communication with the purpose and intent to extort money or any article of value from said person so convicted of a felony is guilty of a misdemeanor. (Added by Stats.1941, c. 106, p. 1108, § 15.) Cross References Communications intended to deprive parolees from employment or to extort funds, prohibition of, sec § 3058. Definitions, Felony, see § 17. Misdemeanor, sec § 17. Punishment for misdemeanor, see $$ 19, 19a. Threats inducing fear to expose commission of a crime, see § 519. Use of photograph or fingerprints to detriment of employee or applicant for employ inent, see Labor Code § 1051. 964 Title 1 § 3058. PAROLES Communications intended to deprive parolee from employment or to extort; threats; offense Any person who knowingly and wilfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted of a felony, and then on parole, and which communication is made with the purpose and intent to deprive said person so convicted of employment, or to prevent him from procuring the same, or with the purpose and intent to extort from him any money or article of value; and any person who threatens to make any said communication with the purpose and intent to extort money or any article of value from said person so convicted of a felony, is guilty of a misdemeanor. (Added by Stats.1941, c. 106, p. 1113, § 15.) Cross References Discharged prisoners, similar provision protecting, see § 2947. Extortion defined, sec § 518. Felony defined, see § 17. Misdemeanor. Defined, see § 17. Punishment, see §§ 19, 19n. PROPOSED CALIFORNIA LAW AB 1687 1 The people of the State of California do enact as follows: SECTION 1. Article 6 (commencing with Section. 11140) is added to Chapter 1 of Title 1 of Part 4 of the 3 Penal Code, to read: 2 4 5 6 7 8 9 Article 6. Unlawful Furnishing of Master Record Sheet 11140. As used in this article: (a) "Record" means the master record sheet, or a copy 10 thereof, maintained under a person's name by the 11 Department of Justice, and which is commonly known as 12 "arrest record," "criminal record sheet," or "rap sheet." 13 "Record" does not include any other records or files of 14 the Department of Justice. 15 (b) "A person authorized by law to receive a record" 16 means any person or public agency authorized by a court 17 order or by a specific statute of the State of California to 18 receive a record as defined in subdivision tat, or any 19 publie agency which, or publie offieer or official who, 20 needs the information contained in such a record for the 21 performance of an effieial fumetien record. 22 11141. Any employee of the Department of Justice. 23 who knowingly furnishes a record, or information 24 obtained from a record, to a person when he knows is not 25 authorized pursuant to law to receive such record or 26 information is guilty of a misdemeanor obtained from a 27 record, to a person who is not authorized by law to 28 receive a record or information is guilty of a 29 misdemeanor. 30 11142. Any person authorized by law to receive a 31 record, or information obtained from a record, pursuant 32 to law who knowingly furnishes the record, or who 33 knowingly furnishes the record, or information obtained 34 from such a record, to a person whom he knows is not 35 authorized by law to receive such a record or information. 36 is guilty of a misdemeanor. 37 11143. Every Any person who, knowing he is not 38 authorized pursuant to law to receive a record or 1 authorized by law to receive a record or information 2 obtained from such a record, buys or receives knowingly 3 buys, receives, or possesses such a record or information 4 is guilty of a misdemeanor. 5 11144. (a) It is not a violation of Section Hit or 6 1142 to disseminate for statistiend or research purposes 7 this article to disseminate statistical or research 8 information obtained from a record, provided that the 9 identity of the subject of the record is not disclosed. 10 (b) It is not a violation of Section 114 co 1413 for a 11 law enforcement agency this article to disseminate 12 information obtained from a record for the purpose of 13 assisting in the apprehension of a person wanted by that 14 ageney in connection with the commission of a crime. 15 SEC. 2. The sum of dollars ($ ) is 16 hereby appropriated from the General Fund to the State 17 Controller for allocation and disbursement to local 18 agencies pursuant to Section 2164.3 of the Revenue and 19 Taxation Code to reimburse such agencies for costs. 20 incurred by them pursuant to this act. CALIFORNIA DEPARTMENT OF JUSTICE POLICY RECORD RETENTION CRITERIA The Record Purging Subcommittee of the Interdivision Committee on Criminal Records recommends that the following record retention criteria be implemented by the Department of Justice. I. The Bureau of Identification discontinue creating records for certain specified and limited subjects. These include: II. III. a. b. C. d. e. Subjects arrested for drunk, 647(f) PC, unless the Subjects arrested for violation of local ordinance, Subjects arrested for minor traffic offenses. A minor traffic offense is defined as any traffic offense which is not listed in Attachment 1. Subjects arrested for such minor or nonspecific offenses Subjects of an applicant clearance request unless The Bureau of Identification discontinue adding to existing The Bureau of Identification establish realistic retention periods and develop a purge program. The retention periods are as follows: a. Zero retention period for arrests and applicant clearances which are referred to in recommendations I and II. b. A 5-year retention period for misdemeanor arrests not resulting in a conviction, or arrests which are later termed a "detention only" under PC 849 (b). The retention period is to begin running on the date of arrest or detention. |