BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 288
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 288 (Lieu) - As Amended:  April 1, 2013 

          Policy Committee:                             Labor and  
          Employment   Vote:                            7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill prohibits an employer from firing, discriminating, or  
          retaliating against an employee who is a victim of specified  
          crimes for talking time off work to appear in court to be heard  
          in any proceeding, as specified.  Specifically, this bill:  

          1)Specifies the prohibition applies to all of the following: 

             a)   Vehicular manslaughter while intoxicated. 
             b)   Felony child abuse likely to produce great bodily harm  
               or death. 
             c)   Assault resulting in the death of a child under the age  
               of eight.  
             d)   Felony domestic violence. 
             e)   Felony elder or dependent adult abuse.  
             f)   Felony stalking. 
             g)   Solicitation of murder. 
             h)   A serious felony (as defined in Penal Code Section  
               1192.7). 
             i)   Hit and run causing death or injury. 
             j)   Felony driving under the influence.  

          2)Defines 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 also includes the person's spouse, parent,  
            child, sibling, or guardian.  

           FISCAL EFFECT  

          Minor, absorbable costs to the Division of Labor Standards  








                                                                  SB 288
                                                                  Page  2

          Enforcement (DLSE) within the Department of Industrial Relations  
          to enforce the provisions of this measure.  

           COMMENTS  

           1)Existing law  prohibits an employer from firing,  
            discriminating, or retaliating against an employee who is (a)  
            a crime victim for taking off work to appear in court, or (b)  
            a domestic violence or sexual assault victim for talking time  
            off work to obtain relief, including, but not limited to, a  
            temporary restraining order, restraining order, or other  
            injunctive relief, to help ensure the health, safety, or  
            welfare of the victim or his or her child.

            Statute requires the employee to give the employer reasonable  
            notice of his or her intention to take time off, when  
            feasible.  If no advance notice is given, the employer is  
            prohibited from taking action against the employee if the  
            employee, within a reasonable time, provided the employee  
            provides certification to the employer, as specified.  

            Current law also authorizes an employee who is fired,  
            threatened with firing, demoted, or suspended under these  
            provisions to file a complaint with the DLSE, as specified.  

           2)Rationale  .  According to the author, crime victims have a  
            constitutional right under Marcy's Law to attend all court  
            proceedings, yet they are not currently protected from  
            employment discrimination if they choose to exercise their  
            constitutional rights.  SB 288 corrects this problem by  
            amending the Labor Code to provide employment protections for  
            victims. 


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081