SB1390 - Online dating services: background checks.

Amended IN Senate March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1390 Introduced by Senator Menjivar February 20, 2026 An act to amend Section 850 of the Business and Professions Code, add Chapter 22.10 (commencing with Section 22700) to Division 8 of the Business and Professions Code, relating to healing arts. business. LEGISLATIVE COUNSEL'S DIGEST SB 1390, as amended, Menjivar. Healing arts: standards for licensure or certification. Online dating services: background checks. 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. Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards established within the Department of Consumer Affairs. Existing law prohibits a healing arts board or examining committee within the Department of Consumer Affairs from requiring, by regulation, an applicant for licensure or certification to be a member of, to be certified by, to be eligible to be certified or registered by, or otherwise meet the standards of a specified private voluntary association or professional society, except as provided. This bill would make a nonsubstantive change to those provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text 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: CHAPTER 22.10. Online Dating Profiles 22700. 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). SECTION 1. Section 850 of the Business and Professions Code is amended to read: 850. No healing arts licensing board or examining committee under the Department of Consumer Affairs shall by regulation require an applicant for licensure or certification to be a member of, to be certified by, to be eligible to be certified or registered by, or otherwise meet the standards of a specified private voluntary association or professional society, except as provided for in this article.