BILL NUMBER: AB 2535	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 21, 2014

   An act to amend Section 432.9 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2535, as introduced, Grove. 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.
   Commencing July 1, 2014, the law prohibits 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.
   This bill would mandate that a state agency, subsequent to making
a determination that an applicant meets the minimum employment
requirements, require the applicant to provide a written disclosure
regarding his or her criminal conviction history, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 432.9 of the Labor Code is amended to read:
   432.9.  (a) A state or local agency shall not ask an applicant for
employment to disclose, orally or in writing, information concerning
the conviction history of the applicant, including any inquiry about
conviction history on any employment application, until the agency
has determined the applicant meets the minimum employment
qualifications, as stated in any notice issued for the position. 

   (b) Subsequent to making a determination that an applicant meets
the minimum employment requirements, a state agency shall require the
applicant to disclose, in writing, whether or not the applicant has
been convicted in any court of a misdemeanor or a felony. 

   (b) 
    (c)  This section shall not apply to a position for
which a state or local agency is otherwise required by law to conduct
a conviction history background check, to any position within a
criminal justice agency, as that term is defined in Section 13101 of
the Penal Code, or to any individual working on a temporary or
permanent basis for a criminal justice agency on a contract basis or
on loan from another governmental entity. 
   (c) 
    (d)  This section shall not be construed to prevent a
state or local agency from conducting a conviction history background
check after complying with all of the provisions of subdivision (a).

   (d) 
    (e)  As used in this section, "state agency" means any
state office, officer, department, division, bureau, board,
commission, or agency. 
   (e) 
    (f)  As used in this section, "local agency" means any
county, city, city and county, including a charter city or county, or
any special district. 
   (f) 
    (g)  Section 433 does not apply to this section.

   (g) This section shall become operative on July 1, 2014.