AB 2362, as introduced, Grove. Unemployment insurance benefits: disqualifications: convictions.
Existing law provides the forfeiture of, and ineligibility for, unemployment insurance benefits for certain time periods for any individual convicted in a court of competent jurisdiction of willfully making a false statement or knowingly failing to disclose a material fact to obtain or increase any benefit or payment in violation of a specified provision of state law.
This bill would additionally provide for the forfeiture of, and ineligibility for, unemployment insurance benefits for certain time periods for any individual convicted of willfully making a false statement or knowingly failing to disclose a material fact to obtain or increase any benefit or payment in violation of provisions of the Penal Code and a federal mail fraud provision.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1263 of the Unemployment Insurance
2Code is amended to read:
(a) Any individual convicted under Section 2101begin insert,
2provisions of the Penal Code, or Section 1341 of Title 18 of the
3United States Codend insertbegin inserte end insertby any court of competent jurisdictionbegin insert of this
4stateend insertbegin insert or the federal governmentend insert of willfully making a false
5statement or knowingly failing to disclose a material fact to obtain
6or increase any benefit or payment under this division shall
forfeit
7any rights to benefits for the week in which the criminal complaint
8was filed and for the 51 consecutive calendar weeks which
9immediately follow that week, irrespective of a subsequent order
10under the provisions of Section 1203.4 of the Penal Code allowing
11the individual to withdraw his or her plea of guilty and to enter a
12plea of not guilty, or setting aside the verdict of guilty or dismissing
13the criminal complaint, but a forfeiture of benefits under this
14subdivision shall extend no later than the effective date of any
15order under Section 1203.4 of the Penal Code, and, if the period
16of forfeiture has not previously expired, the forfeiture of benefits
17under this subdivision shall terminate as of the effective date of
18any such order.
19(b) Any individual convicted under Section 2101begin insert, provisions of
20the Penal Code, or Section 1341 of Title 18 of the United
States
21Codend insertbegin inserte end insertby any court of competent jurisdictionbegin insert of this stateend insertbegin insert
or the
22federal governmentend insert of willfully making a false statement or
23knowingly failing to disclose a material fact to obtain or increase
24any benefit or payment under this part, Part 3 (commencing with
25Section 3501), or Part 4 (commencing with Section 4001) shall,
26irrespective of a subsequent order under the provisions of Section
271203.4 of the Penal Code allowing the individual to withdraw his
28or her plea of guilty and to enter a plea of not guilty, or setting
29aside the verdict of guilty or dismissing the criminal complaint,
30be ineligible to receive unemployment compensation or extended
31duration benefits or federal-state extended benefits for the week
32in which the criminal complaint was filed, or any subsequent week,
33for which he or she is first otherwise in all respects eligible for
34unemployment compensation or extended duration benefits or
35federal-state extended benefits and for 14 subsequent weeks for
36which he or she is otherwise in all respects eligible for
37
unemployment compensation or extended duration benefits or
38federal-state extended benefits. No disqualification under this
39subdivision shall be applied to any week if all or any portion of
P3 1the week is beyond the three-year period next succeeding the date
2of the filing of the criminal complaint.
3(c) The department shall, effective upon the date of the filing
4of a criminal complaint against an individual prosecuted under
5Section 2101begin insert, provisions of the Penal Code, or Section 1341 of
6Title 18 of the United States Codeend insert, suspend the payment of benefits
7to the individual.
8(d) A plea or verdict of guilty, or a conviction following a plea
9of nolo contendere, is deemed to be a conviction within the
10meaning of this section irrespective of whether an order granting
11probation or other
order is made suspending the imposition of the
12sentence or whether sentence is imposed but execution thereof is
13suspended.
14(e) Notwithstanding the provisions of this section, an individual
15may during a period of forfeiture under subdivision (a) of this
16section meet the conditions to remove any disqualification that is
17imposed under Sections 1260 or 1261, or subdivision (b) of this
18section, but no week during the period of forfeiture shall be used
19to offset the amount of any overpayment.
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