Tag: SB1262

California’s Assembly Sends Bill Protecting Background Checks to Governor’s Desk October 3, 2022 The California State Assembly has passed Senate Bill 1262 (SB1262). If signed into law, it will protect the ability to perform accurate and timely background checks. It does this by guaranteeing public access to identified consumer reporting agencies (CRAs) to guarantee that court records belong to a given individual. The State Senate unanimously passed SB1262 in May of this year to guarantee accurate and timely background checks. Now the bill will head to the desk of Governor Gavin Newsom. The Governor now has 12 days to either sign it into law or veto it. Otherwise, the bill will pass into law without a signature and take effect on January 1st, 2023. This legislation is in response to the California Court of Appeals in All of Us or None of Us v. Hamrick. This decision held that a defendant's date of birth and driver's license number could not be made publicly accessible in court records for criminal cases. As a result, courts across the state began redacting this information from their electronic court records indexes. Unfortunately, this decision makes it difficult and, in some cases, impossible to perform comprehensive criminal background checks in the state. To guarantee that a given record belongs to an individual and perform background checks in compliance with the Fair Credit Reporting Act (FCRA), CRAs require multiple personal identifiers. The most common identifier includes an individual's name and date of birth. SB1262 will restore access to these crucial identifiers by amending Section 69842 of the Government Code to read the following: "The clerk of the superior court shall keep such indexes to ensure ready reference to any action or proceeding filed in the court. There shall be separate indexes of plaintiffs and defendants in civil actions and of defendants in criminal actions. The name of each plaintiff and defendant shall be indexed, and there shall appear opposite each name indexed the number of the action or proceeding and the name or names of the adverse litigant or litigants. Publicly accessible electronic indexes of defendants in criminal cases shall permit searches and filtering of results based on a defendant's driver's license number or date of birth, or both." Now that the State Assembly has passed the bill, it will be presented to Governor Newsom to make a final decision before becoming law. This step is a final chance for stakeholders to help SB1262 pass this last hurdle. This step is also the chance for stakeholders to reach out to the Governor to voice their support for protecting the ability to perform accurate and timely background checks. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: SB1262

California’s Assembly Sends Bill Protecting Background Checks to Governor’s Desk

Our Process

Our Platform

Screenings

For Your Industry

For Your Role

Webinar

Resources Library

Logins

E-Book

Services

Industry

Resources

Our Company