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CA SB1412

Bill

Status

Passed

9/30/2018

Primary Sponsor

Steven Bradford

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Origin

Senate

2017-2018 Session

AI Summary

  • Amends Labor Code Section 432.7 to clarify that employers can ask applicants about "particular convictions" if required by federal, state, or local law, or if the conviction relates to job-specific legal prohibitions like firearm possession requirements.

  • Defines "particular conviction" as a conviction for specific criminal conduct or category of offenses prescribed by law that contains express requirements or exclusions based on that conduct or category.

  • Allows employers required by state, federal, or local law to conduct criminal background checks or restrict employment based on criminal history to comply with those requirements and seek criminal history reports obtained under legal procedures.

  • Maintains existing prohibitions on employers asking about arrests not resulting in conviction, dismissed convictions, sealed convictions, or diversion program participation, except as specified.

  • Makes intentional violations a misdemeanor punishable by a fine not exceeding $500 and allows applicants to recover actual damages or $200 (whichever is greater), or treble damages or $500 (whichever is greater) for intentional violations, plus attorney's fees and costs.

Legislative Description

Applicants for employment: criminal history.

Last Action

Chaptered by Secretary of State. Chapter 987, Statutes of 2018.

9/30/2018

Committee Referrals

Appropriations6/27/2018
Labor and Employment6/11/2018
Appropriations4/25/2018
Public Safety4/11/2018
Labor and Industrial Relations3/8/2018
Rules2/16/2018

Full Bill Text

No bill text available