California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 1 — Licensing of PersonsChapter 2 — AdministrationArticle 1 — The Real Estate CommissionerSection 10073.5

(a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, 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, subcontractor, or volunteer whose duties include, or would include, access to criminal offender record information. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

(b)(1) The department shall require a services contract, interagency agreement, or public entity agreement that includes, or would include, access to criminal offender record information to include a provision requiring the contractor to agree to perform criminal background checks on its employees and subcontractors who will have access to information described in subdivision (a) 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) For purposes of this section:

(1) “Access” means the ability to view electronically or on paper.

(2) “Criminal offender record information” means the same as defined in Section 11075 of the Penal Code.