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AB-2647 Evidence: criminal history information.(2017-2018)

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Date Published: 02/15/2018 09:00 PM
AB2647:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2647


Introduced by Assembly Member Rubio

February 15, 2018


An act to add Section 1162 to the Evidence Code, relating to evidence.


LEGISLATIVE COUNSEL'S DIGEST


AB 2647, as introduced, Rubio. Evidence: criminal history information.
Under existing law, evidence of a person’s 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 employer’s agents, or an employer’s employees.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 employer’s agents, or an employer’s 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.