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 | |
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Introduced By: Representative Stephen R. Ucci | |
Date Introduced: February 26, 2020 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby |
2 | amended by adding thereto the following section: |
3 | 9-1-55. Negligent hiring claims. |
4 | (a) In a civil action for negligent hiring, an employer that completed a reasonable |
5 | background investigation prior to hiring the employee who allegedly caused the harm at issue will |
6 | be presumed not to be negligent in hiring that employee if the background investigation did not |
7 | demonstrate that the employee was unsuitable for the particular employment. |
8 | (b) A reasonable background investigation must include: |
9 | (1) Conducting an investigation into the prospective employee's criminal background to |
10 | the extent required by state law; |
11 | (2) Requiring the prospective employee to fill out a detailed employment application that |
12 | includes the following: |
13 | (i) Requesting the names of the prospective employee's previous employers and dates of |
14 | prior employment; |
15 | (ii) Making a reasonable effort to contact the prospective employee's references and former |
16 | employers concerning the prospective employee's suitability for the particular employment and the |
17 | accuracy of the information on the employment application; |
18 | (iii) Requesting a detailed history of the prospective employee's criminal convictions, |
19 | including the type of crime, the date of conviction, and the penalty imposed as allowed by ยง 28- |
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1 | 6.14-1. |
2 | (c) Information regarding the criminal history of a current or former employee may not be |
3 | introduced as evidence in a civil action against an employer or its employees or agents that is based |
4 | on the conduct of the employee or former employee if: |
5 | (1) The nature of the criminal history does not bear a direct relationship to the facts |
6 | underlying the cause of action; or |
7 | (2) Before the occurrence of the act giving rise to the civil action, a court order sealed any |
8 | record of the criminal case or the employee or former employee received a pardon; or |
9 | (3) The record is of an arrest or charge that did not result in a criminal conviction; or |
10 | (4) The employee or former employee received a deferred judgment at sentence and the |
11 | deferred judgment was not revoked. |
12 | 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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1 | This act would provide an employer that completed a reasonable background investigation |
2 | of an employee prior to hiring with a presumption that the employer was not negligent in hiring |
3 | that employee. |
4 | This act would take effect on July 1, 2020. |
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