HF 2397 (LSB 5851HV (1) 87)

HOUSE FILE 2397

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2265)

A BILL FOR

An Act relating to the admissibility of evidence of an employee’s criminal history in civil actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  671A.1  Limitation on admissibility of evidence of an employee’s criminal history.
   1.  Information regarding the criminal history of an employee or former employee shall not be introduced as evidence in a civil action against an employer or its employees or agents that is based on the conduct of the employee or former employee in any of the following circumstances: 
   a.  The nature of the criminal history does not bear a direct relationship to the facts underlying the cause of action.
   b.  Before the occurrence of the act giving rise to the civil action, a court ordered the record of any criminal case sealed or the president of the United States or the chief executive of a state pardoned the employee or former employee.
   c.  The record is of an arrest or charge that did not result in a criminal conviction. 
   d.  A court granted the employee or former employee a deferred judgment at sentencing and a court did not revoke the deferred judgment.
   2.  This section does not alter any statutory provision allowing an employer to conduct a criminal history background investigation or consider criminal history records in the employment process for particular types of employment.
   3.  This section does not create a duty for employers not otherwise so required by law to conduct criminal history background checks.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the admissibility of evidence about an employee’s criminal history in a civil action that is based on the conduct of an employee or former employee. The bill prohibits the introduction of information regarding the criminal history of an employee or former employee as evidence in a civil action against an employer or its employees or agents that is based on the conduct of the employee or former employee in any of the following circumstances: the nature of the criminal history does not bear a direct relationship to the facts underlying the cause of action; before the occurrence of the act giving rise to the civil action, a court ordered the record of any criminal case sealed or the president of the United States or the chief executive of a state pardoned the employee or former employee; the record is of an arrest or charge that did not result in a criminal conviction; or a court granted the employee or former employee a deferred judgment at sentencing and a court did not revoke the deferred judgment.
   The bill does not alter any statutory provision allowing an employer to conduct a criminal history background investigation or consider criminal history records in the employment process for particular types of employment. The bill also does not create a duty for employers not otherwise so required by law to conduct criminal history background checks.