Bill Text: IA HF2397 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the admissibility of evidence of an employee’s criminal history in civil actions. (Formerly HF 2265.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-04-17 - Senate amendment H-8383 filed. H.J. 804. [HF2397 Detail]
Download: Iowa-2017-HF2397-Introduced.html
House File 2397 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2265) A BILL FOR 1 An Act relating to the admissibility of evidence of an 2 employee's criminal history in civil actions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5851HV (1) 87 asf/rj PAG LIN 1 1 Section 1. NEW SECTION. 671A.1 Limitation on admissibility 1 2 of evidence of an employee's criminal history. 1 3 1. Information regarding the criminal history of an 1 4 employee or former employee shall not be introduced as evidence 1 5 in a civil action against an employer or its employees or 1 6 agents that is based on the conduct of the employee or former 1 7 employee in any of the following circumstances: 1 8 a. The nature of the criminal history does not bear a direct 1 9 relationship to the facts underlying the cause of action. 1 10 b. Before the occurrence of the act giving rise to the civil 1 11 action, a court ordered the record of any criminal case sealed 1 12 or the president of the United States or the chief executive of 1 13 a state pardoned the employee or former employee. 1 14 c. The record is of an arrest or charge that did not result 1 15 in a criminal conviction. 1 16 d. A court granted the employee or former employee a 1 17 deferred judgment at sentencing and a court did not revoke the 1 18 deferred judgment. 1 19 2. This section does not alter any statutory provision 1 20 allowing an employer to conduct a criminal history background 1 21 investigation or consider criminal history records in the 1 22 employment process for particular types of employment. 1 23 3. This section does not create a duty for employers not 1 24 otherwise so required by law to conduct criminal history 1 25 background checks. 1 26 EXPLANATION 1 27 The inclusion of this explanation does not constitute agreement with 1 28 the explanation's substance by the members of the general assembly. 1 29 This bill relates to the admissibility of evidence about 1 30 an employee's criminal history in a civil action that is 1 31 based on the conduct of an employee or former employee. The 1 32 bill prohibits the introduction of information regarding the 1 33 criminal history of an employee or former employee as evidence 1 34 in a civil action against an employer or its employees or 1 35 agents that is based on the conduct of the employee or former 2 1 employee in any of the following circumstances: the nature of 2 2 the criminal history does not bear a direct relationship to the 2 3 facts underlying the cause of action; before the occurrence 2 4 of the act giving rise to the civil action, a court ordered 2 5 the record of any criminal case sealed or the president of the 2 6 United States or the chief executive of a state pardoned the 2 7 employee or former employee; the record is of an arrest or 2 8 charge that did not result in a criminal conviction; or a court 2 9 granted the employee or former employee a deferred judgment at 2 10 sentencing and a court did not revoke the deferred judgment. 2 11 The bill does not alter any statutory provision allowing an 2 12 employer to conduct a criminal history background investigation 2 13 or consider criminal history records in the employment process 2 14 for particular types of employment. The bill also does not 2 15 create a duty for employers not otherwise so required by law to 2 16 conduct criminal history background checks. LSB 5851HV (1) 87 asf/rj
