Online dating services: background checks., the official text

An act to add Chapter 22.10 (commencing with Section 22700) to Division 8 of the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL'S DIGEST

Existing law regulates the terms and conditions of contracts for online dating services, as defined, and requires those contracts to be in writing and to contain specified information. Existing law generally provides for the regulation of online platforms and services that facilitate interactions between users.
This bill would require an online dating service provider to conduct, or have a third party conduct, a local and national criminal background check for each California user who registers for a profile for purposes of the online dating service. The bill would require the background check to include a search of a multistate and multijurisdiction criminal records locator and the United States Department of Justice National Sex Offender Public Website. The bill would require the online dating service provider to place a conspicuous flag on a California user’s profile if the background check reveals that the user is a registered sex offender or has been convicted of specified offenses, including a violent felony, a hate crime, or an assault or battery.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 22.10 (commencing with Section 22700) is added to Division 8 of the Business and Professions Code, to read:
22.10.
Online Dating Profiles22700.
For purposes of this chapter, the following definitions apply:
(a) “California user” means a user who submits a California ZIP Code as part of their registration with an online dating service provider.
(b) “Flag” means a conspicuous notation denoting that a California user has a conviction for a criminal offense described in this chapter that is visible to other users who view that California user’s profile.
(c) “Online dating service” means a dating, matrimonial, or social referral service offered primarily online, including by means of an internet website or a mobile application.
(d) “Online dating service provider” means a person or entity predominantly engaged in the business of offering an online dating service.
(e) “Profile” means a description of a user that an online dating service provider makes available to other users to view for purposes of the online dating service.
(f) “User” means an individual who submits to an online dating service provider, or related third party, personal information to register for a profile to use an online dating service offered by the online dating service provider.

22701.
(a) (1) An online dating service provider shall conduct, or have a third party conduct, a local and national criminal background check for each California user that shall include both of the following:
(A) A multistate and multijurisdiction criminal records locator or other similar commercial nationwide database with validation.
(B) A search of the United States Department of Justice National Sex Offender Public Website.
(2) The background check required by this subdivision shall be completed upon the creation of a profile by a California user.
(b) An online dating service provider shall place a flag on a California user’s profile if the user meets any of the following criteria:
(1) The California user is currently registered on the United States Department of Justice National Sex Offender Public Website.
(2) The California user has been convicted of any of the following offenses:
(A) A violent felony, as defined in Section 667.5 of the Penal Code.
(B) Assault or battery, as defined in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code.
(C) Any offense involving domestic violence.
(D) A hate crime, as defined in Section 422.6 of the Penal Code.
(3) The California user has been convicted of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in paragraph (2).