Steve Bradford
- Democratic
Author
Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, from seeking from any source, or from utilizing as a factor in determining any condition of employment, information concerning participating in a pretrial or posttrial diversion program or concerning a conviction that has been judicially dismissed or ordered sealed, as provided. Existing law makes it a crime to intentionally violate these provisions. Existing law specifies that these provisions do not prohibit an employer from asking an applicant about a criminal conviction of, seeking from any source information regarding a criminal conviction of, utilizing as a factor in determining any condition of employment of, or entry into a pretrial diversion or similar program by the applicant if, pursuant to state or federal law, (1) the employer is required to obtain information regarding a conviction of an applicant, (2) the applicant would be required to possess or use a firearm in the course of his or her employment, (3) an individual who has been convicted of a crime is prohibited by law from holding the position sought, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, or (4) the employer is prohibited by law from hiring an applicant who has been convicted of a crime. This bill would instead specify that these provisions do not prohibit an employer, including a public agency or private individual or corporation, from asking an applicant about, or seeking from any source information regarding, a particular conviction of the applicant if, pursuant to federal law, federal regulation, or state law, (1) the employer is required to obtain information regarding the particular conviction of the applicant, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, (2) the applicant would be required to possess or use a firearm in the course of his or her employment, (3) an individual with that particular conviction is prohibited by law from holding the position sought, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, or (4) the employer is prohibited by law from hiring an applicant who has that particular conviction, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation. The bill would define "particular conviction" for these purposes and would also make various nonsubstantive and clarifying changes to those provisions. The bill would also specify that these provisions do not prohibit an employer, including a public agency or private individual or corporation, required by state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history from complying with those requirements or prohibit an employer from seeking or receiving an applicant's criminal history report obtained under procedures provided under federal, state, or local law. Because the bill would increase the scope of a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 987, Statutes of 2018.
Approved by the Governor.
Enrolled and presented to the Governor at 5 p.m.
Assembly amendments concurred in. (Ayes 26. Noes 13. Page 6128.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 45. Noes 31. Page 6964.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 5.) (August 8).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 27). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 21. Noes 14. Page 4465.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Ordered to second reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 7.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 4820.) (April 24). Re-referred to Com. on APPR.
Set for hearing April 24.
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 4. Noes 1. Page 4626.) (April 11). Re-referred to Com. on PUB. S.
Set for hearing April 11.
From printer. May be acted upon on or after March 22.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1412 | HTML |
| 02/16/18 - Introduced | |
| 05/25/18 - Amended Senate | |
| 06/19/18 - Amended Assembly | |
| 07/03/18 - Amended Assembly | |
| 08/23/18 - Amended Assembly | |
| 09/07/18 - Enrolled | |
| 09/30/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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