Bill Summary – FastDemocracy

1                                   STATE OF OKLAHOMA
2                    1st Session of the 59th Legislature (2023)
3    HOUSE BILL 2481                           By: Hill
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6                                    AS INTRODUCED
7             An Act relating to labor; creating the Civil
              Liability for Employers Hiring Ex-Offenders Act;
8             prohibiting causes of action against certain
              entities; preventing certain facts from being
9             introduced into evidence; proving exceptions;
              prohibiting implications of liability in situations
10            not covered by legislation; and providing an
              effective date.
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14   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15       SECTION 1.       NEW LAW       A new section of law to be codified
16   in the Oklahoma Statutes as Section 901 of Title 40, unless there is
17   created a duplication in numbering, reads as follows:
18       A.   This act shall be known and may be cited as the "Civil
19   Liability for Employers Hiring Ex-Offenders Act".
20       B.   A cause of action shall not be brought against an employer,
21   general contractor, premises owner, or other third party solely for
22   hiring an employee or independent contractor who has been convicted
23   of a nonviolent, nonsexual offense.
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     Req. No. 5045                                                      Page 1
1        C.   In a negligent hiring action against an employer, general
2    contractor, premises owner, or other third party for the acts of an
3    employee or independent contractor that is based on a theory of
4    liability other than that described by subsection B of this section,
5    the fact that the employee or independent contractor was convicted
6    of a nonviolent, nonsexual offense before the employee or
7    independent contractor's employment or contractual obligation with
8    the employer, general contractor, premises owner, or other third
9    party, as applicable, may not be introduced into evidence.
10       D.   This section shall not preclude any existing cause of action
11   for failure of an employer or other person to provide adequate
12   supervision of an employee or independent contractor, except that
13   the employee or independent contractor has been convicted of a
14   nonviolent, nonsexual criminal offense may be introduced into
15   evidence in the suit only if the employer:
16       1.   Knew of the conviction or was grossly negligent in not
17   knowing of the conviction; and
18       2.   The conviction was directly related to the nature of the
19   employee's or independent contractor's work and the conduct that
20   gave rise to the alleged injury that is the basis of the suit.
21       E.   The protections provided to an employer, general contractor,
22   premises owner, or third party under this section shall not apply in
23   a suit concerning:
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     Req. No. 5045                                                     Page 2
1        1.   The misuse of funds or property of a person other than the
2    employer, general contractor, premises owner, or third party, by an
3    employee or independent contractor, if, on the date the employee or
4    independent contractor was hired, the employee or independent
5    contractor had been convicted of a crime that includes fraud or the
6    misuse of funds or property as an element of the offense, and it was
7    foreseeable that the position for which the employee or independent
8    contractor was hired would involve discharging a fiduciary
9    responsibility in the management of funds or property;
10       2.   The misappropriation of funds by an employee or independent
11   contractor, if the employee or independent contractor was hired as
12   an attorney and, on the date the employee or independent contractor
13   was hired, the employee or independent contractor had been convicted
14   of a crime that includes fraud or the misuse of funds or property as
15   an element of the offense; or
16       3.   A violent offense or an improper use of excessive force by
17   an employee or independent contractor, if the employee or
18   independent contractor was hired to serve as a law enforcement
19   officer or security guard.
20       F.   This section shall not be interpreted as implying a cause of
21   action exists for negligent hiring of an ex-offender in factual
22   situations not covered by this section.   In deciding whether
23   liability exists in such cases, courts shall not presume that,
24   because ex-offenders are not covered in the protection herein, there
     Req. No. 5045                                                     Page 3
1    is an legislative intent expressed through the passage of this
2    enactment to extend liability in such cases where it is not already
3    established.
4        SECTION 2.   This act shall become effective November 1, 2023.
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6        59-1-5045      LRB     09/21/22
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     Req. No. 5045                                                    Page 4