California 2015-2016 Regular Session Status: Enacted

AB 1843 — Applicants for employment: criminal history.

Last action — Chaptered by Secretary of State - Chapter 686, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 09, 2016. Enacted.

Prognosis

Advancing 54% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    7 passed, 1 failed in 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

Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Existing law specifies that these provisions do not prohibit an employer at a health facility, as defined, from asking an applicant for a specific type of employment about arrests for certain crimes. Existing law makes it a crime to intentionally violate these provisions. This bill would also prohibit an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law. The bill, for the purposes of the prohibitions and exceptions described above, would provide that "conviction" excludes an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the jurisdiction of the juvenile court law, and would make related and conforming changes. The bill would prohibit an employer at a health facility from inquiring into specific events that occurred while the applicant was subject to juvenile court law, with a certain exception, and from inquiring into information concerning or related to an applicant's juvenile offense history that has been sealed by the juvenile court. The bill would require an employer at a health facility seeking disclosure of juvenile offense history under that exception to provide the applicant with a list describing offenses for which disclosure is sought. Because this bill would modify the scope of a crime, it would impose a state-mandated local program. 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 686, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 41. Noes 36. Page 6309.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 14. Page 5243.).

  7. Reconsideration granted. (Ayes 36. Noes 0. Page 5133.)

  8. Motion to reconsider made by Senator Leno.

  9. Read third time. Refused passage. (Ayes 17. Noes 13. Page 5133.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 22). Re-referred to Com. on APPR.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  16. In committee: Hearing postponed by committee.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  18. Referred to Com. on L. & I.R.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 28. Page 4497.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 14. Noes 6.) (April 13).

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 6). Re-referred to Com. on APPR.

  24. Referred to Com. on L. & E.

  25. From printer. May be heard in committee March 11.

  26. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 1843 STONE Concurrence in Senate Amendments

Passed 41 Yea · 36 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 373003
Democratic 4100
Republican 0500
Total 413603
% of votes cast 51%45%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Nay
Linder — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Eggman — Yea
Dababneh — Nay
Campos — Yea
Chau — Yea
Chiu — Yea
Bonilla — Yea
Gatto — Nay
Lopez — Yea
Gomez — Yea
Gordon — Yea
Atkins — Yea
Harper — Nay
Salas — Nay
Chu — Yea
Levine — Yea
Alejo — Yea
Bigelow — Nay
Chávez — Nay
Cooper — Nay
Dodd — Yea
Mayes — Nay
McCarty — Yea
Melendez — Nay
Nazarian — Yea
Obernolte — Nay
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Williams — Yea
Gray — Nay
Burke — Not Voting
Chang — Nay
Cooley — Nay
Daly — Not Voting
Rodriguez — Not Voting
Steinorth — Nay
Wood — Nay
Frazier — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB1843 Mark Stone By Leno

Passed 21 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 191304
Democratic 2100
Total 211404
% of votes cast 54%36%0%10%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Block — Yea
Hernandez — Not Voting
Hill — Yea
Hueso — Yea
Morrell — Nay
Pan — Not Voting
Pavley — Yea
Wieckowski — Yea
Fuller — Nay
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Cannella — Nay
Galgiani — Nay
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Huff — Nay
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Roth — Not Voting
Vidak — Nay
Wolk — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

3rd Reading AB1843 Mark Stone By Leno Reconsider

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Monning — Yea
Pavley — Yea
Galgiani — Yea
Cannella — Yea
Allen — Yea
Pan — Yea
Mitchell — Yea
De León — Yea
Fuller — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hueso — Not Voting
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Not Voting
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

3rd Reading AB1843 Mark Stone By Leno

Failed 17 Yea · 13 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 161208
Democratic 1101
Total 171309
% of votes cast 44%33%0%23%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Hernandez — Not Voting
Leyva — Yea
Mendoza — Yea
Moorlach — Nay
Nielsen — Nay
Roth — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Allen — Yea
De León — Yea
Mitchell — Yea
Monning — Yea
Pavley — Yea
Wieckowski — Yea
Cannella — Nay
Fuller — Nay
Galgiani — Nay
Hertzberg — Not Voting
Hueso — Not Voting
Huff — Nay
Liu — Not Voting
Anderson — Nay
Bates — Nay
Morrell — Nay
Pan — Not Voting
Vidak — Nay
Wolk — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Not Voting
Nguyen, Stephanie Democratic Nay

Official roll call →

AB 1843 STONE Assembly Third Reading

Passed 48 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 432304
Democratic 4100
Republican 1400
Total 482804
% of votes cast 60%35%0%5%
How each member voted (80)
Member Party Vote
Alejo — Yea
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mullin — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Cooper — Yea
Dababneh — Yea
Bonilla — Yea
Lopez — Yea
Bloom — Yea
Dodd — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Atkins — Yea
Gordon — Yea
Salas — Nay
Burke — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Harper — Nay
Holden — Yea
Achadjian — Nay
Bigelow — Nay
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Gray — Nay
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Chang — Not Voting
Baker — Nay
Brough — Nay
Hadley — Nay
Kim — Nay
Linder — Nay
Mathis — Nay
Olsen — Not Voting
Rodriguez — Not Voting
Steinorth — Nay
Waldron — Nay
Williams — Not Voting
Rendon — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 2000
Republican 0200
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Eggman — Yea
Holden — Yea
Bonilla — Yea
Obernolte — Nay
Chang — Nay
Daly — Yea
Santiago — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 1843 do?
Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Existing law specifies that these provisions do not prohibit an employer at a health facility, as defined, from asking an applicant for a specific type of employment about arrests for certain crimes. Existing law makes it a crime to intentionally violate these provisions. This bill would also prohibit an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law. The bill, for the purposes of the prohibitions and exceptions described above, would provide that "conviction" excludes an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the jurisdiction of the juvenile court law, and would make related and conforming changes. The bill would prohibit an employer at a health facility from inquiring into specific events that occurred while the applicant was subject to juvenile court law, with a certain exception, and from inquiring into information concerning or related to an applicant's juvenile offense history that has been sealed by the juvenile court. The bill would require an employer at a health facility seeking disclosure of juvenile offense history under that exception to provide the applicant with a list describing offenses for which disclosure is sought. Because this bill would modify the scope of a crime, it would impose a state-mandated local program. 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 AB 1843?
AB 1843 is sponsored by Mark Stone.
What is the current status of AB 1843?
This bill has been enacted into law. Introduced February 09, 2016. Enacted.
Where can I track AB 1843?
Track AB 1843 free on One Click Politics — get push/email alerts when it moves.

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