Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2362

Introduced by Assembly Member Grove

February 21, 2014

An act to amend Section 1263 of the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL’S DIGEST

AB 2362, as amended, 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 begin insert under a specified provision end insert 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 begin delete in violation of a specified provision of state law end delete begin insert under unemployment and disability compensation laws end insert .

This bill would additionally provide for the forfeiture of, and ineligibility for, unemployment insurance benefits for certain time periods for any individual convicted begin delete 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. end delete begin insert under specified forgery, grand theft, and false claims provisions in state law or a federal mail fraud provision for those acts or omissions. This bill would require a court of this state to report convictions of those state laws to the Employment Development Department. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1263 of the Unemployment Insurance
Code is amended to read:

1263.  

(a) Any individual convicted under Section begin delete 2101,
provisions end delete begin insert 2101 of this code, Section 470, 487, or 550 end insert of the Penal
Code, or Section 1341 of Title 18 of the United States begin delete Code end delete begin insert Code, end insert
by any court of competent jurisdiction of this state or the federal
government of willfully making a false statement or knowingly
failing to disclose a material fact to obtain or increase any benefit
or payment under this division shall forfeit any rights to benefits
for the week in which the criminal complaint was filed and for the
51 consecutive calendar weeks which immediately follow that
week, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code allowing the individual to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty or dismissing the criminal
complaint, but a forfeiture of benefits under this subdivision shall
extend no later than the effective date of any order under Section
1203.4 of the Penal Code, and, if the period of forfeiture has not
previously expired, the forfeiture of benefits under this subdivision
shall terminate as of the effective date of any such order.

(b) Any individual convicted under Section begin delete 2101, provisions end delete
begin insert 2101 of this code, Section 470, 487, or 550 end insert of the Penal Code, or
Section 1341 of Title 18 of the United States begin delete Code end delete begin insert Code, end insert by any
court of competent jurisdiction of this state or the federal
government of willfully making a false statement or knowingly
failing to disclose a material fact to obtain or increase any benefit
or payment under this part, Part 3 (commencing with Section 3501),
or Part 4 (commencing with Section 4001) shall, irrespective of a
subsequent order under the provisions of Section 1203.4 of the
Penal Code allowing the individual to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the verdict
of guilty or dismissing the criminal complaint, be ineligible to
receive unemployment compensation or extended duration benefits
or federal-state extended benefits for the week in which the
criminal complaint was filed, or any subsequent week, for which
he or she is first otherwise in all respects eligible for unemployment
compensation or extended duration benefits or federal-state
extended benefits and for 14 subsequent weeks for which he or
she is otherwise in all respects eligible for unemployment
compensation or extended duration benefits or federal-state
extended benefits. No disqualification under this subdivision shall
be applied to any week if all or any portion of the week is beyond
the three-year period next succeeding the date of the filing of the
criminal complaint.

(c) The department shall, effective upon the date of the filing
of a criminal complaint against an individual prosecuted under
Section begin delete 2101, provisions end delete begin insert 2101 of this code, Section 470, 487, or
550 end insert of the Penal Code, or Section 1341 of Title 18 of the United
States Code, suspend the payment of benefits to the individual.

(d) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere, is deemed to be a conviction within the
meaning of this section irrespective of whether an order granting
probation or other order is made suspending the imposition of the
sentence or whether sentence is imposed but execution thereof is
suspended.

(e) Notwithstanding the provisions of this section, an individual
may during a period of forfeiture under subdivision (a) of this
section meet the conditions to remove any disqualification that is
imposed under Sections 1260 or 1261, or subdivision (b) of this
section, but no week during the period of forfeiture shall be used
to offset the amount of any overpayment.

begin insert

(f) A court of this state shall report any convictions under
Section 470, 487, or 550 of the Penal Code of willfully making a
false statement or knowingly failing to disclose a material fact to
obtain or increase any benefit or payment under this division to
the department.

end insert