Bill Text: CA AB218 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Employment applications: criminal history.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 699, Statutes of 2013. [AB218 Detail]

Download: California-2013-AB218-Amended.html

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BILL NUMBER: AB 218	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 4, 2013

   An act to add Section 432.9 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 218, as amended, Dickinson. Employment applications: criminal
history.
   Existing law prohibits both public and private employers from
asking an applicant for employment to disclose, either in writing or
verbally, any information concerning an arrest or detention that did
not result in a conviction.
   This bill would prohibit a state or local agency from asking an
applicant to disclose information regarding a criminal conviction,
except as specified, until  after the applicant's
qualifications for the position have been determined to meet the
requirements     the agency has determined the
applicant meets the minimum employment qualifications  for the
position. This bill would include specified findings and declarations
of the Legislature in support of this policy.
   Because this bill would impose new requirements on local agencies
relative to employment application procedures, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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, are matters of statewide
concern. Therefore, this act shall apply to state agencies, all
cities and counties, including charter cities and charter counties,
and special districts. The Legislature further finds and declares
that, consistent with the 2011 Realignment Legislation addressing
public safety, increasing employment opportunities for people who
have previously offended will reduce recidivism and improve economic
stability in our communities.
  SEC. 2.  Section 432.9 is added to the Labor Code, to read:
   432.9.  (a) A state or local agency shall not ask an applicant for
employment to disclose,  through any written form or
verbally,   orally or in writing,  information
concerning the  criminal   conviction 
history of the  applicant or include  
applicant,   including  any inquiry about 
criminal   conviction  history on any 
initial   employment application. A state or local
agency may inquire into or consider an applicant's criminal history
after the applicant's qualifications have been screened and 
 employment application until  the agency has determined
the applicant meets the minimum employment  requirements
  qualifications  , as stated in any notice issued
for the position.
   (b) This section shall not apply to a position for which a state
or local agency is otherwise required by law to conduct a 
criminal   conviction  history background check, 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) This section shall not be construed to prevent a state or
local agency from conducting a  criminal   con
  viction  history background check after complying
with all of the provisions of subdivision (a).
   (d) As used in this section, "state agency" means any state
office, officer, department, division, bureau, board, commission, or
agency.
   (e) As used in this section, "local agency" means any county,
city, city and county, including a charter city or county, or any
special district.
   (f) Section 433 does not apply to this section.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.