California 2013-2014 Regular Session Status: Enacted

SB 400 — Employment protections: victims of domestic violence, sexual assault, or stalking.

Last action — Chaptered by Secretary of State. Chapter 759, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2013. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides protections to victims of domestic violence or sexual assault. Existing law prohibits an employer from taking adverse employment action against a victim of domestic violence or sexual assault who takes time off from work to attend to issues arising as a result of the domestic violence or sexual assault, as long as the employee complies with certain conditions. Existing law entitles an employee who is discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for specified purposes, to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Under existing law, an employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. Existing law authorizes an employee who is discharged, threatened with discharge, demoted, suspended, or otherwise discriminated or retaliated against by his or her employer in violation of these provisions to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations, as specified. This bill would extend these protections to victims of stalking. The bill would also prohibit an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee's status as a victim of domestic violence, sexual assault, or stalking if the victim provides notice to the employer of the status or the employer has actual knowledge of the status. The bill would also require the employer to provide reasonable accommodations that may include the implementation of safety measures or procedures for a victim of domestic violence, sexual assault, or stalking, as specified. Because a violation of the bill's requirements under certain circumstances would be a crime, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 759, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Assembly amendments concurred in. (Ayes 35. Noes 1. Page 2364.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 60. Noes 13. Page 3006.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 12. Noes 4.) (August 30).

  9. Set, first hearing. Referred to APPR. suspense file.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 25).

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 12). Re-referred to Com. on JUD.

  14. Referred to Coms. on L. & E. and JUD.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 21. Noes 12. Page 905.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2. Page 816.) (May 6).

  19. Set for hearing May 6.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 663.) (April 23). Re-referred to Com. on APPR.

  21. Set for hearing April 23.

  22. Read second time and amended. Re-referred to Com. on JUD.

  23. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 486.) (April 10).

  24. Set for hearing April 10.

  25. Referred to Coms. on L. & I.R. and JUD.

  26. From printer. May be acted upon on or after March 23.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • De León · Cosponsor
  • Jackson · Primary
  • Leno · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 6 voted No

Sponsors (1)

  • Jackson

Co-sponsors (2)

  • De León
  • Leno

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB400 Jackson Concurrence

Passed 35 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32103
Democratic 3000
Total 35103
% of votes cast 90%3%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Leno — Yea
Lieu — Yea
Vidak — Yea
Walters — Yea
Wright — Yea
Hernandez — Yea
Liu — Yea
Evans — Yea
Wyland — Yea
Galgiani — Yea
Hancock — Not Voting
De León — Not Voting
Hill — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Cannella — Yea
Corbett — Yea
Correa — Yea
Lara — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Wolk — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Not Voting
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 400 Jackson Senate Third Reading By GOMEZ

Passed 60 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 561005
Democratic 4000
Republican 0300
Total 601305
% of votes cast 77%17%0%6%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Not Voting
Mansoor — Not Voting
Medina — Yea
Mullin — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Wagner — Nay
Williams — Yea
Yamada — Yea
Frazier — Yea
Allen — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gordon — Yea
Hagman — Nay
Hall — Yea
Holden — Yea
Levine — Yea
Bocanegra — Yea
Maienschein — Yea
John A. Pérez — Yea
Salas — Yea
Morrell — Nay
Chesbro — Yea
Nazarian — Yea
Alejo — Yea
Bloom — Yea
Chávez — Yea
Cooley — Yea
Daly — Yea
Donnelly — Nay
Eggman — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Conway — Not Voting
Harkey — Nay
Bigelow — Nay
Logue — Not Voting
Melendez — Nay
Nestande — Not Voting
Waldron — Nay
Dickinson — Yea
Fox — Yea
Gomez — Yea
Gorell — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11401
Democratic 1000
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Linder — Not Voting
Campos — Yea
Gomez — Yea
Bocanegra — Yea
Harkey — Nay
Holden — Yea
Donnelly — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Wagner — Nay
Weber — Yea
Gatto — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 6 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 4103
Democratic 2000
Total 6103
% of votes cast 60%10%0%30%
How each member voted (10)
Member Party Vote
Alejo — Not Voting
Stone — Yea
Chau — Yea
Maienschein — Not Voting
Wagner — Nay
Wieckowski — Yea
Dickinson — Yea
Gorell — Not Voting
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

3rd Reading

Passed 21 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191204
Democratic 2001
Total 211205
% of votes cast 55%32%0%13%
How each member voted (38)
Member Party Vote
Block — Yea
Hernandez — Nay
Hueso — Not Voting
Knight — Nay
Lieu — Yea
Price — Not Voting
Roth — Yea
Wolk — Yea
Emmerson — Nay
Evans — Yea
Wright — Nay
Wyland — Nay
De León — Yea
Fuller — Nay
Galgiani — Yea
Cannella — Nay
Hancock — Yea
Hill — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Liu — Yea
Anderson — Nay
Beall — Yea
Corbett — Yea
Correa — Nay
Monning — Yea
Nielsen — Nay
Pavley — Yea
Steinberg — Yea
Walters — Not Voting
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
De León — Yea
Lara — Yea
Steinberg — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 400 do?
(1) Existing law provides protections to victims of domestic violence or sexual assault. Existing law prohibits an employer from taking adverse employment action against a victim of domestic violence or sexual assault who takes time off from work to attend to issues arising as a result of the domestic violence or sexual assault, as long as the employee complies with certain conditions. Existing law entitles an employee who is discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for specified purposes, to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Under existing law, an employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. Existing law authorizes an employee who is discharged, threatened with discharge, demoted, suspended, or otherwise discriminated or retaliated against by his or her employer in violation of these provisions to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations, as specified. This bill would extend these protections to victims of stalking. The bill would also prohibit an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee's status as a victim of domestic violence, sexual assault, or stalking if the victim provides notice to the employer of the status or the employer has actual knowledge of the status. The bill would also require the employer to provide reasonable accommodations that may include the implementation of safety measures or procedures for a victim of domestic violence, sexual assault, or stalking, as specified. Because a violation of the bill's requirements under certain circumstances would be a crime, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 400?
SB 400 is sponsored by De León, Jackson, and Leno.
What is the current status of SB 400?
This bill has been enacted into law. Introduced February 20, 2013. Enacted.
Where can I track SB 400?
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