BILL ANALYSIS Ó
AB 1843
Page 1
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, |
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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
AB 1843
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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