California Assembly Bill AB1831 Amended / Bill

 BILL NUMBER: AB 1831AMENDED BILL TEXT AMENDED IN SENATE JUNE 11, 2012 AMENDED IN ASSEMBLY MAY 17, 2012 AMENDED IN ASSEMBLY APRIL 26, 2012 AMENDED IN ASSEMBLY APRIL 23, 2012 INTRODUCED BY Assembly Member Dickinson (Coauthors: Assembly Members Ammiano and Swanson) FEBRUARY 22, 2012 An act to add Section 50085.3 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 1831, as amended, Dickinson. Local government: hiring practices. Existing law requires the hiring practices and promotional practices of a local agency, as defined, to conform to the federal Civil Rights Act of 1964 and prohibits any local agency from, as a part of its hiring practices or promotional practices, employing any educational prerequisites or testing or evaluation methods that are not job-related, unless there is no adverse effect. This bill would prohibit a local agency from inquiring into or considering the criminal history of an applicant or including any inquiry about criminal history on any initial employment application. The bill would authorize a local agency to inquire into or consider an applicant's criminal history after the applicant's qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements, as stated in any notice issued for the position. The bill would not apply to a position  that   for which  a local agency is otherwise required by law to conduct a criminal history background check or to any position  or individual working  within a criminal justice agency, as  defined   specified  . The bill would also express a legislative finding and declaration that reducing barriers to employment for people who have previously offended, and decreasing unemployment in communities with concentrated numbers of people who have previously offended, is a matter of statewide concern, and that all cities and counties, including charter cities and counties, would be subject to the provisions of the bill. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares that reducing barriers to employment for people who have previously offended, and decreasing unemployment in communities with concentrated numbers of people who have previously offended,  is a matter   are matters  of statewide concern. Therefore, this act shall apply to all cities and counties, including charter cities and charter counties. The Legislature further finds and declares that, consistent with the Criminal Justice Realignment Act of 2011 (Chapter 39 of the Statutes of 2011), increasing employment opportunities for people who have previously offended will reduce recidivism and improve economic stability in our communities. SEC. 2. Section 50085.3 is added to the Government Code, to read: 50085.3. (a) A local agency shall not inquire into or consider the criminal history of an applicant or include any inquiry about criminal history on any initial employment application. A local agency may inquire into or consider an applicant's criminal history after the applicant's qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements, as stated in any notice issued for the position. (b) This section shall not apply to a position  that   for which  a local agency is otherwise required by law to conduct a criminal history background check  or   ,  to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code  , or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity  . (c)  Nothing in this   This  section shall  not  be construed  as preventing   to prevent  a local agency from conducting a criminal history background check after  compliance   complying  with all of the provisions of subdivision (a).