BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 530|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 530
Author: Wright (D)
Amended: 5/28/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/23/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Criminal offenders: rehabilitation
SOURCE : Author
DIGEST : This bill provides that a potential employer may not
ask for, seek, or utilize as a factor in determining any
condition of employment, information about a conviction that has
been expunged, but may ask or seek information about a
conviction if otherwise required by law, as specified.
ANALYSIS : Existing law provides for a process for a court to
allow a defendant to withdraw his/her plea or set aside verdict
of guilty and dismiss the accusation or information if the
defendant has fulfilled the conditions of probation for the
entire period of probation, or who has been discharged prior to
the termination for the period of probation, or in any other
case in which the interests of justice, determines that a
CONTINUED
SB 530
Page
2
defendant should be granted relief available.
Existing law provides that no employer, whether a public agency
or private individual or corporation, shall ask an applicant for
employment to disclose, through any written form or verbally,
information concerning an arrest or detention that did not
result in conviction, or information concerning a referral to,
and participation in, any pretrial or post trial diversion
program, nor shall any employer seek from any source whatsoever,
or utilize, as a factor in determining any condition of
employment including, hiring, promotion, termination, or any
apprenticeship training program or any other training program
leading to employment, record of arrest or detention that did
not result in conviction, or any record regarding a referral to,
and participation in, any pretrial or post trial diversion
program.
This bill:
1. Provides that an employer may not ask about or use as a
factor in determining condition of employment the fact that
the person has a conviction that has been judicially
dismissed pursuant to Penal Code Section 1203.4.
2. Provides that an employer is not prohibited from asking an
applicant about a criminal conviction or seeking from any
source information regarding a criminal conviction of, or
entry into a pretrial diversion, or similar program by the
applicant if because of any state or federal law any of the
following apply:
A. The employer is required by law to obtain
information regarding a conviction of an applicant.
B. The applicant will be required to possess or use a
firearm in the course of his/her employment.
C. An individual who has been convicted of a crime is
prohibited by law from holding the position sought by
the applicant, regardless of whether that conviction
has been expunged, judicially ordered sealed,
statutorily eradicated, or judicially dismissed
following probation.
CONTINUED
SB 530
Page
3
D. The employer is prohibited by law from hiring an
applicant who has been convicted of a crime.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potential increased annual costs to the Department of
Industrial Relations of about $95,000 (Special Fund*) to
review and investigate an increased number of employment
complaints for violations of the right not to disclose an
expunged conviction.
Potential increased annual costs to the Department of Justice
of $90,000 (General Fund) for increased requests for
conviction-related data in response to an increased number of
petitions.
Potential increased annual costs to the courts in the hundreds
of thousands to millions of dollars (General Fund**) to review
and respond to an increased number of petitions for
certificates of rehabilitation. For every 500 petitions (less
than 10 petitions per county) filed per year, annual costs to
the courts to hold hearings are estimated at $1 million,
assuming a hearing cost of $2,000.
* Labor Enforcement Compliance Fund
**Trial Court Trust Fund
SUPPORT : (Verified 5/28/13)
A New Way of Life Reentry Project
American Civil Liberties Union
Ascend
California Attorneys for Criminal Justice
California Public Defenders Association
Clean Slate Practice of the East Bay Community Law Center
Congress of Racial Equality of California
East Bay Community Law Center
Foundation for Continuing Justice
Higbee & Associates
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
CONTINUED
SB 530
Page
4
Legal Services for Prisoners with Children
National Employment Law Project
Taxpayers for Improving Public Safety
OPPOSITION : (Verified 5/28/13)
California District Attorneys Association
JG:d 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED