Bill Text: WV SB76 | 2020 | Regular Session | Comm Sub
Bill Title: Limiting liability of employers in cases where certain crime convictions are expunged
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-02-06 - To Judiciary [SB76 Detail]
Download: West_Virginia-2020-SB76-Comm_Sub.html
WEST virginia legislature
2020 regular session
Committee Substitute
for
Senate Bill 76
By Senators Tarr, Roberts, and Maroney, original sponsors
[Originating in the Committee on the Workforce; reported on February 6, 2020]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-26c, relating to limiting the civil liability of employers in cases arising out of the employee’s criminal or unlawful actions, or suitability for employment, if the misconduct or suitability relates to the criminal history record that has been expunged; and authorizing court to permit the inspection of sealed records.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-26c. Employer immunity from liability.
(a) An employer who employs or otherwise engages an individual whose criminal history record has been expunged pursuant to §61-11-26 or §61-11-26a of this code shall be immune from liability for any claim arising out of the employee’s criminal or unlawful actions, or suitability for employment, if the misconduct or suitability relates to the criminal history record that has been expunged.
(b) Notwithstanding the provisions of subsection (m) of §61-11-26 of this code, inspection of the sealed records in the court’s possession may be permitted by the court upon a petition by an employer against whom a claim of civil liability has been brought as described in subsection (a) of this section for purposes of defending against a claim of civil liability.
