Bill Text: CA AB1831 | 2011-2012 | Regular Session | Amended

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Bill Title: Local government: hiring practices.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2012-06-28 - Held without recommendation. [AB1831 Detail]

Download: California-2011-AB1831-Amended.html

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BILL NUMBER: AB 1831	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2012
	AMENDED IN ASSEMBLY  MAY 17, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012

INTRODUCED BY   Assembly Member Dickinson
   (Coauthors: Assembly Members Ammiano and Swanson)

                        FEBRUARY 22, 2012

   An act to add Section 50085.3 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1831, as amended, Dickinson. Local government: hiring
practices.
   Existing law requires the hiring practices and promotional
practices of a local agency, as defined, to conform to the federal
Civil Rights Act of 1964 and prohibits any local agency from, as a
part of its hiring practices or promotional practices, employing any
educational prerequisites or testing or evaluation methods that are
not job-related, unless there is no adverse effect.
   This bill would prohibit a local agency from inquiring into or
considering the criminal history of an applicant or including any
inquiry about criminal history on any initial employment application.
The bill would authorize a local agency to inquire into or consider
an applicant's criminal history after the applicant's qualifications
have been screened and the agency has determined the applicant meets
the minimum employment requirements, as stated in any notice issued
for the position. The bill would not apply to a position 
that   for which  a local agency is otherwise
required by law to conduct a criminal history background check or to
any position  or individual working  within a criminal
justice agency, as  defined   specified  .
   The bill would also express a legislative finding and declaration
that reducing barriers to employment for people who have previously
offended, and decreasing unemployment in communities with
concentrated numbers of people who have previously offended, is a
matter of statewide concern, and that all cities and counties,
including charter cities and counties, would be subject to the
provisions of the bill.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that reducing
barriers to employment for people who have previously offended, and
decreasing unemployment in communities with concentrated numbers of
people who have previously offended,  is a matter 
 are matters  of statewide concern. Therefore, this act
shall apply to all cities and counties, including charter cities and
charter counties. The Legislature further finds and declares that,
consistent with the Criminal Justice Realignment Act of 2011 (Chapter
39 of the Statutes of 2011), increasing employment opportunities for
people who have previously offended will reduce recidivism and
improve economic stability in our communities.
  SEC. 2.  Section 50085.3 is added to the Government Code, to read:
   50085.3.  (a) A local agency shall not inquire into or consider
the criminal history of an applicant or include any inquiry about
criminal history on any initial employment application. A local
agency may inquire into or consider an applicant's criminal history
after the applicant's qualifications have been screened and the
agency has determined the applicant meets the minimum employment
requirements, as stated in any notice issued for the position.
   (b) This section shall not apply to a position  that
  for which  a local agency is otherwise required
by law to conduct a criminal history background check  or
  ,  to any position within a criminal justice
agency, as that term is defined in Section 13101 of the Penal Code
 , or to any individual working on a temporary or permanent basis
for a criminal justice agency on a contract basis or on loan from
another governmental entity  .
   (c)  Nothing in this   This  section
shall  not  be construed  as preventing 
 to prevent  a local agency from conducting a criminal
history background check after  compliance  
complying  with all of the provisions of subdivision (a).