BILL NUMBER: AB 2727	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford
   (Coauthors: Assembly Members Bass, Ma, and Swanson)
   (Coauthor: Senator Hancock)

                        FEBRUARY 19, 2010

   An act to add Section 432.9 to the Labor Code, relating to
applicant information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2727, as introduced, Bradford. Applicant information: criminal
history.
   Existing law provides that an employer may not ask an applicant
for employment to disclose, and an employer may not utilize in an
employment-related decision, information concerning an arrest or
detention that did not result in a conviction.
   This bill, in addition, would prohibit an employer from denying an
application for employment for the reason that the applicant has
previously been convicted of a criminal offense unless the employer
determines that there is a direct relationship between the prior
conviction and the employment sought or the granting of employment
would involve an unreasonable risk to property or persons. This bill
would require the employer to consider specified factors when
determining whether either of those 2 circumstances exist.
   Because this bill would create a new crime, it would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 432.9 is added to the Labor Code, to read:
   432.9.  (a) No employer, whether a public agency or private
individual or corporation, shall deny an application for employment
for the reason that the applicant has previously been convicted of a
criminal offense, unless the employer determines that either of the
following circumstances exist:
   (1) There is a direct relationship between the criminal offenses
and the employment sought.
   (2) The granting of employment would involve an unreasonable risk
to property or to the safety or welfare of specific persons or the
general public.
   (b) In making a determination pursuant to subdivision (a), the
employer shall consider the following factors:
   (1) The public policy of this state, as expressed in this section,
to encourage the employment of persons previously convicted of
criminal offenses.
   (2) The specific duties of the employment sought.
   (3) The effect, if any, that the conviction will have on the
applicant's fitness to perform the duties of the employment sought.
   (4) The time between the conviction and the application for
employment.
   (5) The age of the person at the time he or she committed the
offense that resulted in the conviction.
   (6) The seriousness of the offense.
   (7) Any information produced by or in behalf of the applicant
relating to his or her rehabilitation and good conduct since the
conviction.
   (8) The legitimate interests of the employer to protect property
and the safety and welfare of specific individuals and the general
public.
   (c) A violation of this section is subject to the provisions of
subdivisions (c) and (d) of Section 432.7.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.