New Laws Take Effect in New Year

Accompanying the new year will be some new legislation in the state of California.

Three new laws - AB 22, AB 123, and AB 177 - that were authored by Assemblymember Tony Mendoza are set to go into effect on the January 1, 2012. 

AB 22 is a bill that would restrict the use of consumer credit reports in the hiring process, AB 123 is a school safety bill, AB 123, and AB 177 clarifies the intent of the Parental Accountability Act by expanding the violations for which parents may be sentenced to take Anti-Gang Parenting Classes. 

“As a legislator it is a great accomplishment to see your bills adopted into law and witness their effect on the safety and quality of life of Californians,” Assemblymember Mendoza said in a press release. “With the coming of the New Year these new laws will work to improve the job outlook for long-term unemployed suffering from poor credit, increase school safety, and see parents held to a higher standard for their children’s actions.” 

AB 22 was signed into law by Governor Jerry Brown on October 10. It bans the use of pre-employment credit checks by several employers, as it seeks to put an end to the discrimination many long-term unemployed people have encountered.

If an individual's credit score has suffered due to their unemployment, they will see this AB 22 improving their financial situation end.

Exceptions to this new law include any position with the State Department of Justice, a sworn peace officer or other law enforcement position, and any position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer.

Also exempted are all managers, named signatories, anyone with access to trade secrets, access to $10,000 or more in cash during the workday, and anyone who regularly works with information that can be used to commit identity theft. 

AB 123 aims to improve school safety as a reslut of a March 2003 demonstration by the Center for Bio-Ethical Reform.

The demonstration was helf outside of a Los Angeles County middle school and included graphic billboard-sized photographs of aborted fetuses. Students, who were walking and being dropped off for classes, became angry, even to the point of tears, due to the disturbing nature of the photographs

School officials notified the L.A. County Sheriff Department and the sheriff's detained the demonstrators, based on the determination that Penal Code section 626.8 had been violated. 

The Center for Bio-Ethical Reform filed a subsequent lawsuit and eventually won on appeal in the Ninth Circuit Court of Appeals. The court stated that if the California Legislature adopted statutory language to address this situation, the outcome may be different for future instances.

Assemblymember Mendoza’s AB 123 adds language to Penal Code 626.8 addressing disruptive messages where the disturbance threatens the physical safety of school children in preschool, elementary school or middle school while they are coming to, leaving from or attending school. 

AB 177 increases the circumstances in which a minor’s parent or guardian may be ordered to take anti-gang parenting classes. Acts of vandalism, possession of illegal substances and disorderly conduct are a few of the circumstances that could elicit such an order from a judge.