2020 -- H 7916

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LC004923

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURES GENERALLY

     

     Introduced By: Representative Stephen R. Ucci

     Date Introduced: February 26, 2020

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

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amended by adding thereto the following section:

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     9-1-55. Negligent hiring claims.

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     (a) In a civil action for negligent hiring, an employer that completed a reasonable

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background investigation prior to hiring the employee who allegedly caused the harm at issue will

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be presumed not to be negligent in hiring that employee if the background investigation did not

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demonstrate that the employee was unsuitable for the particular employment.

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     (b) A reasonable background investigation must include:

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     (1) Conducting an investigation into the prospective employee's criminal background to

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the extent required by state law;

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     (2) Requiring the prospective employee to fill out a detailed employment application that

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includes the following:

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     (i) Requesting the names of the prospective employee's previous employers and dates of

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prior employment;

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     (ii) Making a reasonable effort to contact the prospective employee's references and former

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employers concerning the prospective employee's suitability for the particular employment and the

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accuracy of the information on the employment application;

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     (iii) Requesting a detailed history of the prospective employee's criminal convictions,

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including the type of crime, the date of conviction, and the penalty imposed as allowed by ยง 28-

 

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6.14-1.

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     (c) Information regarding the criminal history of a current or former employee may not be

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introduced as evidence in a civil action against an employer or its employees or agents that is based

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on the conduct of the employee or former employee if:

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     (1) The nature of the criminal history does not bear a direct relationship to the facts

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underlying the cause of action; or

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     (2) Before the occurrence of the act giving rise to the civil action, a court order sealed any

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record of the criminal case or the employee or former employee received a pardon; or

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     (3) The record is of an arrest or charge that did not result in a criminal conviction; or

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     (4) The employee or former employee received a deferred judgment at sentence and the

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deferred judgment was not revoked.

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     SECTION 2. This act shall take on July 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURES GENERALLY

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     This act would provide an employer that completed a reasonable background investigation

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of an employee prior to hiring with a presumption that the employer was not negligent in hiring

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that employee.

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     This act would take effect on July 1, 2020.

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