BILL ANALYSIS                                                                                                                                                                                                    



                                                                            



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                                    THIRD READING


          Bill No:  SB 288
          Author:   Lieu (D)
          Amended:  4/1/13
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE  :  4-0, 4/24/13
          AYES:  Lieu, Wyland, Leno, Yee
          NO VOTE RECORDED:  Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Employment protections:  time off

            SOURCE  :     Los Angeles County District Attorneys Office 
                      Crime Victim Action Alliance


           DIGEST  :    This bill (1) provides that an employer may not  
          discharge or in any manner discriminate or retaliate against an  
          employee who is a victim for taking time off from work, upon the  
          victims request, to appear in court to be heard at any  
          proceeding for specified offenses; (2) defines a victim as any  
          person who suffers direct or threatened physical, psychological,  
          or financial harm as a result of the commission or attempted  
          commission of a crime or delinquent act; and (3) makes  
          technical, conforming changes.

           ANALYSIS  :    The California Constitution provides protections  
          for crime victim's due process rights.  


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          Existing law states that an employer may not discharge,  
          discriminate or retaliate against an employee who is a victim of  
          domestic violence or sexual assault for taking time off from  
          work to attend to any of the following: 


           1. To seek medical attention for injuries caused by domestic  
             violence or sexual assault. 


           2. To obtain services from a domestic violence shelter,  
             program, or rape crisis center.


           3. To obtain psychological counseling related to the domestic  
             violence or sexual assault. 


           4. To participate in safety planning and take other actions to  
             increase safety from future domestic violence or sexual  
             assault, including temporary or permanent relocation.

           5. To appear as a witness in any judicial proceeding or obtain  
             any injunctive relief to help ensure the welfare of the  
             victim or his/her child. 

          Existing law states that an employee who is discharged,  
          threatened with discharge, suspended, or in any other manner  
          discriminated against for taking time off for the above purposes  
          is entitled to reinstatement and reimbursement for lost wages  
          and work benefits and may file a complaint with the Division of  
          Labor Standards Enforcement.  Additionally, an employer that  
          willfully refuses to rehire, promote, or otherwise restore an  
          employee who has been determined to be eligible for rehiring or  
          promotion is guilty of a misdemeanor. 

          Existing law states that an employee shall give the employer  
          reasonable advance notice of the employee's intention to take  
          time off, unless the advance notice is not feasible. 

          Existing law states that when an unscheduled absence occurs, the  
          employer shall not take any action against the employee if  
          certification is provided within a reasonable time, including a  
          police report, court order protecting the employee from the  

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          perpetrator, or documentation from a medical professional,  
          victim advocate, health care provider or counselor stating the  
          employee was undergoing treatment from an act of domestic  
          violence or sexual assault. 

          This bill:


          1. Provides that an employer may not discharge or in any manner  
             discriminate or retaliate against an employee who is a victim  
             for taking time off from work, upon the victim's request, to  
             appear in court to be heard at any proceeding for the  
             following offenses: 


             A.    Vehicular manslaughter while intoxicated. 


             B.    Felony child abuse likely to produce great bodily harm  
                or a death.


             C.    Assault resulting in the death of a child under eight  
                years of age.





             D.    Felony domestic violence.


             E.    Felony physical abuse of an elder or dependent adult.


             F.    Felony stalking.


             G.    Solicitation for murder.


             H.    A serious felony, such as kidnapping, rape, or assault.



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             I.    Hit and run causing death or injury.

             J.    Felony driving under the influence causing injury.

             For the purposes of this bill, a proceeding includes any  
             delinquency proceeding, involving a post-arrest release  
             decision, plea, sentencing, post-conviction release decision,  
             or any proceeding in which a right of the victim is at issue.

          2. Defines a victim as any person who suffers direct or  
             threatened physical, psychological, or financial harm as a  
             result of the commission or attempted commission of a crime  
             or delinquent act.  The term "victim" also includes the  
             person's spouse, parent, child, sibling, or guardian.

          3. Makes technical, conforming changes.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           
          SUPPORT  :   (Verified  5/3/13)

          Los Angeles County District Attorney's Office (co-source)
          Crime Victim Action Alliance (co-source)
          Crime Victims Untied of California

           
          ARGUMENTS IN SUPPORT  :    Proponents note that the California  
          Constitution provides that crime victims have the right to be  
          heard, upon request, in all of the proceedings covered by this  
          bill.  Proponents also note that there is no employment  
          protection for a victim who desires to appear in a criminal or  
          juvenile court proceeding to be heard on pleas, sentencing,  
          release issues or other matters that may affect the rights of  
          the victim.  Proponents argue that this inhibits the ability of  
          crime victims to avail themselves of their constitutional  
          rights.  Proponents believe that this bill will address this by  
          allowing workers protected leave if they are the victim of  
          serious felonies, such as homicide, rape, and crimes involving  
          the infliction of great bodily injury.


          PQ:d  5/7/13   Senate Floor Analyses 

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                           SUPPORT/OPPOSITION:  SEE ABOVE

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