AB 218, as amended, 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 wouldbegin insert, commencing July 1, 2014,end insert prohibit a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position.begin delete Thisend deletebegin insert Theend insert 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, orally or in writing, information
15concerning the conviction history of the applicant, including
any
16inquiry about conviction history on any employment applicationbegin insert, end insert
17until the agency has determined the applicant meets the minimum
18employment qualifications, as stated in any notice issued for the
19position.
20(b) This section shall not apply to a position for which a state
21or local agency is otherwise required by law to conduct a
22conviction history background check, to any position within a
23criminal justice agency, as that term is defined in Section 13101
24of the Penal Code, or to any individual working on a temporary
25or permanent basis for a criminal justice agency on a contract basis
26or on loan from another governmental entity.
27(c) This section shall not
be construed to prevent a state or local
28agency from conducting a conviction history background check
29after complying 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.
begin insert8(g) This section shall become operative on July 1, 2014.
end insertIf the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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