BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1843


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1843 (Mark Stone)


          As Amended  August 11, 2016


          Majority vote


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          |ASSEMBLY:  |48-28 |(April 25,     |SENATE: |21-14 |(August 22,      |
          |           |      |2016)          |        |      |2016)            |
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          Original Committee Reference:  L. & E.


          SUMMARY:  Prohibits employers from asking an applicant for  
          employment to disclose information concerning or related to an  
          arrest, detention, processing, diversion, supervision,  
          adjudication, or court disposition that occurred while the  
          person was subject to the process and jurisdiction of juvenile  
          court law, or seek or utilize any such information as a factor  
          in determining any condition of employment.


          The Senate amendments:


          1)Prohibit employers from asking an applicant for employment to  
            disclose information concerning or related to an arrest,  
            detention, processing, diversion, supervision, adjudication,  
            or court disposition that occurred while the person was  
            subject to the process and jurisdiction of juvenile court law,  
            or seek or utilize any such information as a factor in  








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            determining any condition of employment.


          2)Clarify that the current definition of "conviction" under  
            existing law does not include any adjudication by a juvenile  
            court or any other court order or action taken with respect to  
            a person under the process and jurisdiction of juvenile court  
            law.


          3)Expand the prohibition on the disclosure, possession, or  
            receipt of juvenile offender record information pertaining to  
            an arrest or detention or proceeding that did not result in a  
            conviction.


          4)Include participation in programs dealing with juveniles in  
            the definition of pretrial and post-trial diversion programs  
            that employers are prohibited from asking an applicant about,  
            or from factoring as a condition of employment.


          5)Specify that an employer at a health facility can inquire into  
            an applicant's juvenile criminal background if a juvenile  
            court made a final ruling, or adjudication, that the applicant  
            had committed a felony or misdemeanor relating to sex crimes  
            or certain controlled substances crimes within five years  
            prior to applying for employment. Such employers making such  
            inquiries would also be required to provide those affected  
            applicants with a list describing the specific drug and sex  
            crime offenses about which they may inquire under the  
            provisions of this bill. In addition, such employers cannot  
            inquire into an applicant's sealed juvenile criminal records. 


          EXISTING LAW:  


          1)Prohibits an employer, whether a public agency or private  
            individual or corporation, from asking an applicant for  
            employment to disclose, or from utilizing as a factor in  
            determining any condition of employment, information  








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            concerning an arrest or detention that did not result in a  
            conviction, or information concerning a referral or  
            participation in, any pretrial or post trial diversion  
            program, except as specified.


          2)Prohibits an employer, as specified, from asking an applicant  
            to disclose, or from utilizing as a factor in determining any  
            condition of employment, information concerning a conviction  
            that has been judicially dismissed or ordered sealed, except  
            in specified circumstances.  Existing law also makes it a  
            crime to intentionally violate these provisions.


          3)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, record of arrest or detention that did not result  
            in conviction.


          4)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.


          5)Provides that an employer at a health facility, as defined,  
            may ask an applicant for a specific type of employment about  
            arrests for certain crimes.










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          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  Proponents state that under current law, people with  
          sealed juvenile records do not have the same rights as adults  
          with sealed criminal records.  Not only is this treatment  
          unequal and unfair, but California law attempts to give  
          juveniles an opportunity to demonstrate they can be  
          rehabilitated.  Regrettably, existing law can serve as a barrier  
          to employment and does not reflect state policy regarding  
          juvenile rehabilitation.  Juvenile records should be treated in  
          the same way that adult criminal records are treated when an  
          employer is questioning a job applicant.  Proponents believe  
          that employer questioning about sealed juvenile records should  
          be prohibited.


          Proponents add that several other states have strong, effective  
          laws protecting job applicants from having employers question  
          them about sealed juvenile records.  Colorado, Illinois,  
          Nebraska, Oregon, Connecticut, and North Carolina, in  
          particular, restrict employer questioning of job applicants  
          concerning sealed juvenile records.  In California and around  
          the nation there is a growing juvenile justice system emphasis  
          on removing barriers to employment, higher education, and  
          military service for individuals emerging from juvenile justice  
          system involvement.  Proponents argue that this bill is fully  
          consistent with that trend.


          The California Hospital Association (CHA) and the California  
          Association of Health Facilities' (CAHF) opposes this bill,  
          unless it is amended to allow health facilities to inquire into  
          felony juvenile adjudication records and specified misdemeanor  
          adjudication records and utilize that information consistent  
          with federal and state guidance or regulations, except to the  
          extent those records are sealed or expunged.  Given the myriad  
          of situations that pose risks for patients, hospitals need to  
          know the full extent of an applicant's criminal convictions.   
          They state that while recent amendments would address some of  
          their concerns, allowing hospitals to learn whether an applicant  








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          has a juvenile adjudication for certain crimes, it would not  
          allow hospitals to obtain juvenile adjudication information for  
          a wide variety of other violent crimes, such as murder, robbery,  
          kidnapping, assault and other major crimes that the Legislature  
          has determined are so serious they cannot be sealed.


          The California Chamber of Commerce argues that employers should  
          have access to juvenile adjudication determinations of the  
          court.  Specifically, they believe that if a juvenile was found  
          guilty of a crime, that employers should be able to inquire  
          about such determinations in order to maintain a safe  
          environment for employees and consumers.


          Analysis Prepared by:                                             
                          Taylor Jackson / L. & E. / (916) 319-2091  FN:  
          0004898