California 2017-2018 Regular Session

California Assembly Bill AB2647 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2647Introduced by Assembly Member RubioFebruary 15, 2018 An act to add Section 1162 to the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2647, as introduced, Rubio. Evidence: criminal history information.Under existing law, evidence of a persons criminal history may be admissible in a civil action for various purposes.This bill would prohibit evidence of the criminal history of an employee or former employee from being admitted, under specified circumstances, in a civil action that is based on the conduct of the employee or former employee against an employer, an employers agents, or an employers employees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1162 is added to the Evidence Code, to read:1162. The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employers agents, or an employers other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:(1) A court order sealed the record of the criminal conviction.(2) The criminal conviction was reversed or vacated.(3) The employee or former employee was pardoned of the criminal conviction.(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.
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3	3	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2647Introduced by Assembly Member RubioFebruary 15, 2018 An act to add Section 1162 to the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2647, as introduced, Rubio. Evidence: criminal history information.Under existing law, evidence of a persons criminal history may be admissible in a civil action for various purposes.This bill would prohibit evidence of the criminal history of an employee or former employee from being admitted, under specified circumstances, in a civil action that is based on the conduct of the employee or former employee against an employer, an employers agents, or an employers employees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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11	11	Assembly Bill No. 2647
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13	13	Introduced by Assembly Member RubioFebruary 15, 2018
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15	15	Introduced by Assembly Member Rubio
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18	18	An act to add Section 1162 to the Evidence Code, relating to evidence.
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20	20	LEGISLATIVE COUNSEL'S DIGEST
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22	22	## LEGISLATIVE COUNSEL'S DIGEST
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24	24	AB 2647, as introduced, Rubio. Evidence: criminal history information.
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26	26	Under existing law, evidence of a persons criminal history may be admissible in a civil action for various purposes.This bill would prohibit evidence of the criminal history of an employee or former employee from being admitted, under specified circumstances, in a civil action that is based on the conduct of the employee or former employee against an employer, an employers agents, or an employers employees.
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28	28	Under existing law, evidence of a persons criminal history may be admissible in a civil action for various purposes.
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30	30	This bill would prohibit evidence of the criminal history of an employee or former employee from being admitted, under specified circumstances, in a civil action that is based on the conduct of the employee or former employee against an employer, an employers agents, or an employers employees.
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32	32	## Digest Key
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34	34	## Bill Text
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36	36	The people of the State of California do enact as follows:SECTION 1. Section 1162 is added to the Evidence Code, to read:1162. The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employers agents, or an employers other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:(1) A court order sealed the record of the criminal conviction.(2) The criminal conviction was reversed or vacated.(3) The employee or former employee was pardoned of the criminal conviction.(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.
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38	38	The people of the State of California do enact as follows:
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40	40	## The people of the State of California do enact as follows:
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42	42	SECTION 1. Section 1162 is added to the Evidence Code, to read:1162. The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employers agents, or an employers other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:(1) A court order sealed the record of the criminal conviction.(2) The criminal conviction was reversed or vacated.(3) The employee or former employee was pardoned of the criminal conviction.(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.
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44	44	SECTION 1. Section 1162 is added to the Evidence Code, to read:
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46	46	### SECTION 1.
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48	48	1162. The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employers agents, or an employers other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:(1) A court order sealed the record of the criminal conviction.(2) The criminal conviction was reversed or vacated.(3) The employee or former employee was pardoned of the criminal conviction.(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.
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50	50	1162. The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employers agents, or an employers other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:(1) A court order sealed the record of the criminal conviction.(2) The criminal conviction was reversed or vacated.(3) The employee or former employee was pardoned of the criminal conviction.(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.
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52	52	1162. The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employers agents, or an employers other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:(1) A court order sealed the record of the criminal conviction.(2) The criminal conviction was reversed or vacated.(3) The employee or former employee was pardoned of the criminal conviction.(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.
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56	56	1162. The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employers agents, or an employers other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.
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58	58	(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.
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60	60	(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:
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62	62	(1) A court order sealed the record of the criminal conviction.
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64	64	(2) The criminal conviction was reversed or vacated.
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66	66	(3) The employee or former employee was pardoned of the criminal conviction.
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68	68	(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.
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70	70	(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.