BILL NUMBER: AB 2028	CHAPTERED  09/27/08

	CHAPTER  437
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 11, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN SENATE  JUNE 16, 2008

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 15, 2008

   An act to add Section 1031.2 to the Government Code, relating to
peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2028, Solorio. Peace officers: hiring.
   Existing law requires peace officers to meet specified minimum
standards, including being of good moral character, as determined by
a thorough background investigation.
   Under the Fair Employment and Housing Act, an employer may require
a medical or psychological examination or make a medical or
psychological inquiry of a job applicant after an employment offer
has been made but before the commencement of employment duties,
provided that the examination or inquiry is job related and
consistent with business necessity and that all entering employees in
the same job classification are subject to the same examination or
inquiry.
   This bill would provide that the collection of nonmedical and
nonpsychological information, in accordance with a thorough
background investigation required of all peace officers, may be
deferred until after a conditional offer of employment is issued if
the employer can demonstrate that the nonmedical and nonpsychological
information could not reasonably have been collected prior to
issuing the employment offer.


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

  SECTION 1.  Section 1031.2 is added to the Government Code, to
read:
   1031.2.  Consistent with the Americans with Disabilities Act of
1990 (Public Law 101-336) and paragraph (3) of subdivision (e) of
Section 12940, the collection of nonmedical or nonpsychological
information of peace officers, in accordance with a thorough
background investigation, as required by subdivision (d) of Section
1031, may be deferred until after a conditional offer of employment
is issued if the employer can demonstrate that the information could
not reasonably have been collected prior to the offer.