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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012

INTRODUCED BY   Assembly Member Dickinson
   (Coauthor: Assembly Member 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 which 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 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 defined.
   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 therefore, 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 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 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.
   (c) Nothing in this section shall be construed as requiring that a
local agency conduct a criminal history background check.