BILL NUMBER: SB 478	CHAPTERED
	BILL TEXT

	CHAPTER  630
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2003
	PASSED THE SENATE  SEPTEMBER 9, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2003
	AMENDED IN ASSEMBLY  AUGUST 26, 2003
	AMENDED IN SENATE  APRIL 30, 2003
	AMENDED IN SENATE  APRIL 10, 2003

INTRODUCED BY   Senator Dunn

                        FEBRUARY 20, 2003

   An act to add Section 230.2 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 478, Dunn.  Victims of crime:  work absences for judicial
proceedings.
   Existing law prohibits an employer from discharging or
discriminating against an employee for taking time off to serve on a
jury.
   This bill would require that an employer allow an employee who is
a victim of a crime, as defined, or certain persons who are related
to a crime victim, to be absent from work in order to attend judicial
proceedings related to the crime.
   This bill would prohibit an employer from discharging or in any
manner discriminating against an employee, in compensation or other
terms, conditions, or privileges of employment, including, but not
limited to the loss of seniority or precedence, because the employee
is absent from work pursuant to this bill, and would authorize the
employee to file a complaint with the Division of Labor Standards
Enforcement.
   This bill would encourage district attorneys and victim/witness
offices to make information regarding this bill available for
distribution at their offices.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 230.2 is added to the Labor Code, to read:
   230.2.  (a) As used in this section:
   (1) "Immediate family member" means spouse, child, stepchild,
brother, stepbrother, sister, stepsister, mother, stepmother, father,
or stepfather.
   (2) "Registered domestic partner" means a domestic partner, as
defined in Section 297 of the Family Code, and registered pursuant to
Part 2 (commencing with Section 298) of Division 2.5 of the Family
Code.
   (3) "Victim" means a person against whom one of the following
crimes has been committed:
   (A) A violent felony, as defined in subdivision (c) of Section
667.5 of the Penal Code.
   (B) A serious felony, as defined in subdivision (c) of Section
1192.7 of the Penal Code.
   (C) A felony provision of law proscribing theft or embezzlement.
   (b) An employer, and any agent of an employer, shall allow an
employee who is a victim of a crime, an immediate family member of a
victim, a registered domestic partner of a victim, or the child of a
registered domestic partner of a victim to be absent from work in
order to attend judicial proceedings related to that crime.
   (c) Before an employee may be absent from work pursuant to
subdivision (b), the employee shall give the employer a copy of the
notice of each scheduled proceeding that is provided to the victim by
the agency responsible for providing notice, unless advance notice
is not feasible.  When advance notice is not feasible or an
unscheduled absence occurs, the employer shall not take any action
against the employee if the employee, within a reasonable time after
the absence, provides the employer with documentation evidencing the
judicial proceeding from any of the following entities:
   (1) The court or government agency setting the hearing.
   (2) The district attorney or prosecuting attorney's office.
   (3) The victim/witness office that is advocating on behalf of the
victim.
   (d) An employee who is absent from work pursuant to subdivision
(b) may elect to use the employee's accrued paid vacation time,
personal leave time, sick leave time, compensatory time off that is
otherwise available to the employee, or unpaid leave time, unless
otherwise provided by a collective bargaining agreement, for an
absence pursuant to subdivision (b).  The entitlement of any employee
under this section shall not be diminished by any collective
bargaining agreement term or condition.
   (e) An employer shall keep confidential any records regarding the
employee's absence from work pursuant to subdivision (b).
   (f) An employer may not discharge from employment or in any manner
discriminate against an employee, in compensation or other terms,
conditions, or privileges of employment, including, but not limited
to the loss of seniority or precedence, because the employee is
absent from work pursuant to this section.
   (g) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has exercised his or her rights
as set forth in subdivision (b) may file a complaint with the
Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7.
   (2) Notwithstanding any time limitation in Section 98.7, an
employee filing a complaint with the division based upon a violation
of subdivision (b) shall have one year from the date of occurrence of
the violation to file his or her complaint.
   (h) District attorney and victim/witness offices are encouraged to
make information regarding this section available for distribution
at their offices.