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STATE OF OKLAHOMA
1st Session of the 5 9th Legislature (2023)
HOUSE BILL 2481 By: Hill
AS INTRODUCED
An Act relating to labor; creating the Civil
Liability for Employers Hiring Ex -Offenders Act;
prohibiting causes of action against certain
entities; preventing certain facts from being
introduced into evid ence; proving exceptions;
prohibiting implications of li ability in situations
not covered by legislation; and providing an
effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 901 of Title 40, unless there is
created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Civil
Liability for Employers Hiring Ex -Offenders Act".
B. A cause of action shall not be brought against an employer,
general contractor, premises owner, or other third party solely for
hiring an employee or independent cont ractor who has been convicted
of a nonviolent, non sexual offense.
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C. In a negligent hiring action against an employer, general
contractor, premises owner, or other third party for the acts of an
employee or independent contractor that is based on a theo ry of
liability other than that described by subsection B of this section,
the fact that the employe e or independent contractor was convicted
of a nonviolent, non sexual offense before the employee or
independent contractor 's employment or contractual ob ligation with
the employer, general contractor, premises owner, or other third
party, as applicable, may not be introduced into evidence.
D. This section shall not preclude any existing cause of action
for failure of an employer or other person to prov ide adequate
supervision of an employee or independent contractor, except that
the employee or independent contractor has been convicted of a
nonviolent, nonsexual criminal offense may be introduced into
evidence in the suit only if the em ployer:
1. Knew of the conviction or was grossly negligent in not
knowing of the conviction; an d
2. The conviction was directly related to the nature of the
employee's or independent contractor 's work and the conduct that
gave rise to the alleged inju ry that is the basis of the suit.
E. The protections provided to an employer, general contractor,
premises owner, or third party under this section shall not apply in
a suit concerning:
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1. The misuse of funds or property of a person other than the
employer, general contractor, premises owner, or third party, by an
employee or independent c ontractor, if, on the date the employee or
independent contractor was hired, the employee or independent
contractor had been convicted of a crime that includes fraud or the
misuse of funds or property as an element of the offense, and it was
foreseeable that the position for which the employee or independent
contractor was hired would involve discharging a fiduciary
responsibility in the management of funds or property;
2. The misappropriation of funds by an employee or independent
contractor, if the employee or independent contractor was hired as
an attorney and, on the date the employee or independent contractor
was hired, the employee or independent contractor had b een convicted
of a crime that includes fraud or the misuse of funds or property as
an element of the offense; or
3. A violent offense or an improper use of excessive force by
an employee or independent contractor, if the employee or
independent contracto r was hired to serve as a law enforcement
officer or security guard.
F. This section shall not be interpreted as implying a cause of
action exists for negligent hiring of an ex -offender in factual
situations not covered by this section. In deciding whether
liability exists in such cases, courts shall not presume that,
because ex-offenders are not covered in the protection herein, there
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is an legislative intent expressed through the passage of this
enactment to extend liability in such cases where it is not already
established.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5045 LRB 09/21/22