AB 218, as introduced, Dickinson. Employment applications: criminal history.
Existing law prohibits both public and private employers from asking an applicant for employment to disclose, either in writing or verbally, any information concerning an arrest or detention that did not result in a conviction.
This bill would prohibit a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified, until after the applicant’s qualifications for the position have been determined to meet the requirements for the position. This bill would include specified findings and declarations of the Legislature in support of this policy.
Because this bill would impose new requirements on local agencies relative to employment application procedures, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares that reducing
2barriers to employment for people who have previously offended,
3and decreasing unemployment in communities with concentrated
4numbers of people who have previously offended, are matters of
5statewide concern. Therefore, this act shall apply to state agencies,
6all cities and counties, including charter cities and charter counties,
7and special districts. The Legislature further finds and declares
8that, consistent with the 2011 Realignment Legislation addressing
9public safety, increasing employment opportunities for people who
10have previously offended will reduce recidivism and improve
11economic stability in our communities.
Section 432.9 is added to the Labor Code, to read:
(a) A state or local agency shall not ask an applicant
14for employment to disclose, through any written form or verbally,
15information concerning the criminal history of the applicant or
16include any inquiry about criminal history on any initial
17employment application. A state or local agency may inquire into
18or consider an applicant’s criminal history after the applicant’s
19qualifications have been screened and the agency has determined
20the applicant meets the minimum employment requirements, as
21stated in any notice issued for the position.
22(b) This section shall not apply to a position for which a state
23or local agency is otherwise required by law to conduct a criminal
24history background check, to any position within a criminal justice
25agency, as
that term is defined in Section 13101 of the Penal Code,
26or to any individual working on a temporary or permanent basis
27for a criminal justice agency on a contract basis or on loan from
28another governmental entity.
29(c) This section shall not be construed to prevent a state or local
30agency from conducting a criminal history background check after
31complying with all of the provisions of subdivision (a).
P3 1(d) As used in this section, “state agency” means any state office,
2officer, department, division, bureau, board, commission, or
3agency.
4(e) As used in this section, “local agency” means any county,
5city, city and county, including a charter city or county, or any
6special district.
7(f) Section 433 does not apply to this section.
If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.
O
99