Bill Text: CA AB2362 | 2013-2014 | Regular Session | Amended
Bill Title: Unemployment insurance benefits: disqualifications: convictions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2014-06-11 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB2362 Detail]
Download: California-2013-AB2362-Amended.html
BILL NUMBER: AB 2362 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Grove
FEBRUARY 21, 2014
An act to amend Section 1263 of the Unemployment Insurance Code,
relating to unemployment insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 2362, as amended, Grove. Unemployment insurance benefits:
disqualifications: convictions.
Existing law provides the forfeiture of, and ineligibility for,
unemployment insurance benefits for certain time periods for any
individual convicted under a specified provision in a
court of competent jurisdiction of willfully making a false statement
or knowingly failing to disclose a material fact to obtain or
increase any benefit or payment in violation of a specified
provision of state law under unemployment and
disability compensation laws .
This bill would additionally provide for the forfeiture of, and
ineligibility for, unemployment insurance benefits for certain time
periods for any individual convicted of willfully making a
false statement or knowingly failing to disclose a material fact to
obtain or increase any benefit or payment in violation of provisions
of the Penal Code and a federal mail fraud provision.
under specified forgery, grand theft, and false claims provisions in
state law or a federal mail fraud provision for those acts or
omissions. This bill would require a court of this state to report
convictions of those state laws to the Employment Development
Department.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1263 of the Unemployment Insurance Code is
amended to read:
1263. (a) Any individual convicted under Section 2101,
provisions 2101 of this code, Section 470, 487, or 550
of the Penal Code, or Section 1341 of Title 18 of the United
States Code Code, by any court of
competent jurisdiction of this state or the federal government of
willfully making a false statement or knowingly failing to disclose a
material fact to obtain or increase any benefit or payment under
this division shall forfeit any rights to benefits for the week in
which the criminal complaint was filed and for the 51 consecutive
calendar weeks which immediately follow that week, irrespective of a
subsequent order under the provisions of Section 1203.4 of the Penal
Code allowing the individual to withdraw his or her plea of guilty
and to enter a plea of not guilty, or setting aside the verdict of
guilty or dismissing the criminal complaint, but a forfeiture of
benefits under this subdivision shall extend no later than the
effective date of any order under Section 1203.4 of the Penal Code,
and, if the period of forfeiture has not previously expired, the
forfeiture of benefits under this subdivision shall terminate as of
the effective date of any such order.
(b) Any individual convicted under Section 2101,
provisions 2101 of this code, Section 470, 487, or 550
of the Penal Code, or Section 1341 of Title 18 of the United
States Code Code, by any court of
competent jurisdiction of this state or the federal government of
willfully making a false statement or knowingly failing to disclose a
material fact to obtain or increase any benefit or payment under
this part, Part 3 (commencing with Section 3501), or Part 4
(commencing with Section 4001) shall, irrespective of a subsequent
order under the provisions of Section 1203.4 of the Penal Code
allowing the individual to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty or
dismissing the criminal complaint, be ineligible to receive
unemployment compensation or extended duration benefits or
federal-state extended benefits for the week in which the criminal
complaint was filed, or any subsequent week, for which he or she is
first otherwise in all respects eligible for unemployment
compensation or extended duration benefits or federal-state extended
benefits and for 14 subsequent weeks for which he or she is otherwise
in all respects eligible for unemployment compensation or extended
duration benefits or federal-state extended benefits. No
disqualification under this subdivision shall be applied to any week
if all or any portion of the week is beyond the three-year period
next succeeding the date of the filing of the criminal complaint.
(c) The department shall, effective upon the date of the filing of
a criminal complaint against an individual prosecuted under Section
2101, provisions 2101 of this code, Section
470, 487, or 550 of the Penal Code, or Section 1341 of Title 18
of the United States Code, suspend the payment of benefits to the
individual.
(d) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere, is deemed to be a conviction within the meaning
of this section irrespective of whether an order granting probation
or other order is made suspending the imposition of the sentence or
whether sentence is imposed but execution thereof is suspended.
(e) Notwithstanding the provisions of this section, an individual
may during a period of forfeiture under subdivision (a) of this
section meet the conditions to remove any disqualification that is
imposed under Sections 1260 or 1261, or subdivision (b) of this
section, but no week during the period of forfeiture shall be used to
offset the amount of any overpayment.
(f) A court of this state shall report any convictions under
Section 470, 487, or 550 of the Penal Code of willfully making a
false statement or knowingly failing to disclose a material fact to
obtain or increase any benefit or payment under this division to the
department.
