AZ HB2311

Employers are not liable for hiring employees or contracting with independent contractors solely based on their prior criminal convictions.

Prior criminal convictions cannot be introduced as evidence in negligent hiring lawsuits except in specific circumstances: when the employer knew of or was grossly negligent in not knowing of the conviction, and the conviction was directly related to the employee's job duties and the alleged injury.

Exceptions to liability protection apply for: misuse of monies or property when hired for fiduciary positions; misappropriation of monies by attorneys; and violent offenses or excessive force by law enforcement officers or security guards.

The law defines "criminal offense" to exclude violent offenses and sexual offenses, and defines "employer" broadly to include general contractors, premises owners, and other third parties.

The law does not create new causes of action for negligent hiring of ex-offenders beyond what is specifically stated and does not presume legislative intent to extend liability in unstated factual situations.