BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 530
          Author:   Wright (D)
          Amended:  8/30/13
          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

           SENATE FLOOR  :  26-10, 5/29/13
          AYES:  Beall, Block, Calderon, Corbett, Correa, DeSaulnier,  
            Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson,  
            Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley, Price, Roth,  
            Steinberg, Torres, Wright, Yee
          NOES:  Anderson, Berryhill, Cannella, Emmerson, Fuller, Gaines,  
            Huff, Nielsen, Walters, Wyland
          NO VOTE RECORDED:  De León, Knight, Wolk, Vacancy

           ASSEMBLY FLOOR  :  50-27, 9/4/13 - See last page for vote


           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  
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          condition of employment, information about a conviction that has  
          been judicially dismissed or ordered sealed, as specified.

           Assembly Amendments  authorize in a trial court hearing an  
          application for a certificate of rehabilitation as specified, if  
          the court believes relief services the interests of justice.

           ANALYSIS  :    

          Existing law:  

          1. 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.  

          2. Provides for a process for a court to allow a defendant to  
             withdraw his or 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  
             defendant should be granted relief available.

          3. Sets forth the requirements for a person to file a petition  
             for a certificate of rehabilitation, and provides that unless  
             and until the period of rehabilitation has passed, the  
             petitioner shall be ineligible to file his/her petition for a  
             certificate of rehabilitation with the court.  Any  
             certificate of rehabilitation that is issued and under which  
             the petitioner has not fulfilled the requirements shall be  
             void.


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          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 or ordered sealed.

          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.

             D.    The employer is prohibited by law from hiring an  
                applicant who has been convicted of a crime.

          3. Authorizes a trial court hearing an application for a  
             certificate of rehabilitation before the applicable period of  
             rehabilitation has elapsed to grant the application if the  
             court, in its discretion, believes relief serves the  
             interests of justice.

           Comments
           
          According to the author's office, this bill intends to close  
          some loopholes and provide additional tools and changes to  
          existing law to make effective the existing state policy to  
          remove employment barriers to those who have committed crimes  
          that have been expunged by the courts.  Court approved  
          expungement was intended to allow a job applicant the ability to  

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          not have to report minor crimes expunged.  The way this is  
          currently reported employers can still determine a crime has  
          been committed.  This bill corrects this as well as give the  
          courts additional discretion in the interest of justice to grant  
          certificates of rehabilitation that do not meet the current time  
          requirements.  If we want to break the revolving door cycle of  
          crime we must give folks a fair chance at a job without the  
          discrimination of having a criminal record.

           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 DOJ 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  9/4/13)

          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 

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          East Bay Community Law Center
          Foundation for Continuing Justice
          Higbee & Associates
          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area
          Legal Services for Prisoners with Children
          National Employment Law Project
          Taxpayers for Improving Public Safety

           OPPOSITION  :    (Verified  9/4/13)

          California District Attorneys Association


           ASSEMBLY FLOOR  :  50-27, 9/4/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Frazier,  
            Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall, Roger  
            Hernández, Holden, Jones-Sawyer, Levine, Lowenthal, Medina,  
            Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel  
            Pérez, Quirk, Rendon, Skinner, Stone, Ting, Weber, Wieckowski,  
            Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,  
            Jones, Linder, Logue, Maienschein, Mansoor, Morrell, Nestande,  
            Olsen, Patterson, Quirk-Silva, Salas, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Melendez, Vacancy, Vacancy


          JG:d  9/5/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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