Oklahoma 2024 Regular Session

Oklahoma House Bill HB2481 Compare Versions

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

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 5 9th Legislature (2023)
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32	32	HOUSE BILL 2481 By: Hill
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38	38	AS INTRODUCED
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40	40	An Act relating to labor; creating the Civil
41	41	Liability for Employers Hiring Ex -Offenders Act;
42	42	prohibiting causes of action against certain
43	43	entities; preventing certain facts from being
44	44	introduced into evid ence; proving exceptions;
45	45	prohibiting implications of li ability in situations
46	46	not covered by legislation; and providing an
47	47	effective date.
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54	54	BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. NEW LAW A new section of law to be codified
56	56	in the Oklahoma Statutes as Section 901 of Title 40, unless there is
57	57	created a duplication in numbering, reads as follows:
58	58	A. This act shall be known and may be cited as the "Civil
59	59	Liability for Employers Hiring Ex -Offenders Act".
60	60	B. A cause of action shall not be brought against an employer,
61	61	general contractor, premises owner, or other third party solely for
62	62	hiring an employee or independent cont ractor who has been convicted
63	63	of a nonviolent, non sexual offense.
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90	90	C. In a negligent hiring action against an employer, general
91	91	contractor, premises owner, or other third party for the acts of an
92	92	employee or independent contractor that is based on a theo ry of
93	93	liability other than that described by subsection B of this section,
94	94	the fact that the employe e or independent contractor was convicted
95	95	of a nonviolent, non sexual offense before the employee or
96	96	independent contractor 's employment or contractual ob ligation with
97	97	the employer, general contractor, premises owner, or other third
98	98	party, as applicable, may not be introduced into evidence.
99	99	D. This section shall not preclude any existing cause of action
100	100	for failure of an employer or other person to prov ide adequate
101	101	supervision of an employee or independent contractor, except that
102	102	the employee or independent contractor has been convicted of a
103	103	nonviolent, nonsexual criminal offense may be introduced into
104	104	evidence in the suit only if the em ployer:
105	105	1. Knew of the conviction or was grossly negligent in not
106	106	knowing of the conviction; an d
107	107	2. The conviction was directly related to the nature of the
108	108	employee's or independent contractor 's work and the conduct that
109	109	gave rise to the alleged inju ry that is the basis of the suit.
110	110	E. The protections provided to an employer, general contractor,
111	111	premises owner, or third party under this section shall not apply in
112	112	a suit concerning:
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139	139	1. The misuse of funds or property of a person other than the
140	140	employer, general contractor, premises owner, or third party, by an
141	141	employee or independent c ontractor, if, on the date the employee or
142	142	independent contractor was hired, the employee or independent
143	143	contractor had been convicted of a crime that includes fraud or the
144	144	misuse of funds or property as an element of the offense, and it was
145	145	foreseeable that the position for which the employee or independent
146	146	contractor was hired would involve discharging a fiduciary
147	147	responsibility in the management of funds or property;
148	148	2. The misappropriation of funds by an employee or independent
149	149	contractor, if the employee or independent contractor was hired as
150	150	an attorney and, on the date the employee or independent contractor
151	151	was hired, the employee or independent contractor had b een convicted
152	152	of a crime that includes fraud or the misuse of funds or property as
153	153	an element of the offense; or
154	154	3. A violent offense or an improper use of excessive force by
155	155	an employee or independent contractor, if the employee or
156	156	independent contracto r was hired to serve as a law enforcement
157	157	officer or security guard.
158	158	F. This section shall not be interpreted as implying a cause of
159	159	action exists for negligent hiring of an ex -offender in factual
160	160	situations not covered by this section. In deciding whether
161	161	liability exists in such cases, courts shall not presume that,
162	162	because ex-offenders are not covered in the protection herein, there
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189	189	is an legislative intent expressed through the passage of this
190	190	enactment to extend liability in such cases where it is not already
191	191	established.
192	192	SECTION 2. This act shall become effective November 1, 2023.
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194	194	59-1-5045 LRB 09/21/22