House File 2397 - Introduced HOUSE FILE 2397 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2265) A BILL FOR An Act relating to the admissibility of evidence of an 1 employee’s criminal history in civil actions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5851HV (1) 87 asf/rj

H.F. 2397 Section 1. NEW SECTION . 671A.1 Limitation on admissibility 1 of evidence of an employee’s criminal history. 2 1. Information regarding the criminal history of an 3 employee or former employee shall not be introduced as evidence 4 in a civil action against an employer or its employees or 5 agents that is based on the conduct of the employee or former 6 employee in any of the following circumstances: 7 a. The nature of the criminal history does not bear a direct 8 relationship to the facts underlying the cause of action. 9 b. Before the occurrence of the act giving rise to the civil 10 action, a court ordered the record of any criminal case sealed 11 or the president of the United States or the chief executive of 12 a state pardoned the employee or former employee. 13 c. The record is of an arrest or charge that did not result 14 in a criminal conviction. 15 d. A court granted the employee or former employee a 16 deferred judgment at sentencing and a court did not revoke the 17 deferred judgment. 18 2. This section does not alter any statutory provision 19 allowing an employer to conduct a criminal history background 20 investigation or consider criminal history records in the 21 employment process for particular types of employment. 22 3. This section does not create a duty for employers not 23 otherwise so required by law to conduct criminal history 24 background checks. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the admissibility of evidence about 29 an employee’s criminal history in a civil action that is 30 based on the conduct of an employee or former employee. The 31 bill prohibits the introduction of information regarding the 32 criminal history of an employee or former employee as evidence 33 in a civil action against an employer or its employees or 34 agents that is based on the conduct of the employee or former 35 -1- LSB 5851HV (1) 87 asf/rj 1/ 2

H.F. 2397 employee in any of the following circumstances: the nature of 1 the criminal history does not bear a direct relationship to the 2 facts underlying the cause of action; before the occurrence 3 of the act giving rise to the civil action, a court ordered 4 the record of any criminal case sealed or the president of the 5 United States or the chief executive of a state pardoned the 6 employee or former employee; the record is of an arrest or 7 charge that did not result in a criminal conviction; or a court 8 granted the employee or former employee a deferred judgment at 9 sentencing and a court did not revoke the deferred judgment. 10 The bill does not alter any statutory provision allowing an 11 employer to conduct a criminal history background investigation 12 or consider criminal history records in the employment process 13 for particular types of employment. The bill also does not 14 create a duty for employers not otherwise so required by law to 15 conduct criminal history background checks. 16 -2- LSB 5851HV (1) 87 asf/rj 2/ 2