Title: See Something, Say Something About Violent Behavior Act of 2017
Policy area: Crime and Law Enforcement

Summary:
See Something, Say Something About Violent Behavior Act of 2017
This bill grants immunity from civil liability to an employer who reports, to a potential future employer, the violent or threatening behavior of an employee or former employee. The report must be made in good faith and based on objectively reasonable suspicion.
Also, it grants immunity from civil liability to a potential employer who responds, with a reasonable action in good faith, to a report of violent or threatening behavior by an employee or potential employee.
Finally, the bill grants qualified immunity from civil liability to a federal, state, or local law enforcement officer or to an officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice who responds with a reasonable action in good faith to a report of violent or threatening behavior.


[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 843 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 843

  To provide for a safe harbor for reports to potential employers by 
 current or former employers of violent behavior or threats thereof by 
                               employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2017

 Mr. Goodlatte (for himself, Mr. Garrett, Mr. Griffith, Mr. Peterson, 
 and Mr. Chabot) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for a safe harbor for reports to potential employers by 
 current or former employers of violent behavior or threats thereof by 
                               employees.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``See Something, Say Something About 
Violent Behavior Act of 2017''.

SEC. 2. SAFE HARBOR FROM LIABILITY FOR REPORTS OF VIOLENT BEHAVIOR.

    (a) Safe Harbor for Employer Reports of Violent Behavior or 
Threatened Violent Behavior.--
            (1) In general.--Any employer who, in good faith and based 
        on objectively reasonable suspicion, makes, or causes to be 
        made, a voluntary report about violent behavior, or threatened 
        violent behavior, by an employee or former employee to a 
        potential employer of that employee, or to any authorized 
        official, shall be immune from civil liability under Federal, 
        State, and local law for such report.
            (2) False reports.--Paragraph (1) shall not apply to any 
        report if it is shown by clear and convincing evidence that the 
        employer knew such report to be false or that such report was 
        made with reckless disregard for the truth at the time that 
        employer made such report.
    (b) Safe Harbor for Response.--Any potential employer who observes 
or receives a report from an employer acting pursuant to subsection (a) 
about violent behavior, or threatened violent behavior, of an employee 
or potential employee and takes reasonable action in good faith to 
respond to such activity shall be immune from civil liability under 
Federal, State, and local law for such action.
    (c) Immunity for Response.--Any authorized official who observes or 
receives a report of violent behavior, or threatened violent behavior, 
and takes reasonable action in good faith to respond to such activity 
shall have qualified immunity from civil liability for such action, 
consistent with applicable law in the relevant jurisdiction. An 
authorized official who is not entitled to assert the defense of 
qualified immunity shall nevertheless be immune from civil liability 
under Federal, State, and local law if such authorized official takes 
reasonable action, in good faith, to respond to the reported activity.
    (d) Savings Clause.--Nothing in this Act shall affect the ability 
of any employer or authorized official to assert any defense, 
privilege, or immunity that would otherwise be available under Federal, 
State, or local law or regulations, or common law, and this Act shall 
not be construed as affecting any such defense, privilege, or immunity.
    (e) Rule of Construction.--Nothing in this Act shall be construed 
to create any duty of any employer to disclose violent behavior, or 
threatened violent behavior, or to preclude an employer from disclosing 
any such behavior, or other behavior.
    (f) Attorney Fees and Costs.--Any employer or authorized official 
who is found to be immune from civil liability under this section shall 
be entitled to recover from the plaintiff all reasonable costs and 
attorney fees.
    (g) Definition.--In this section--
            (1) the term ``authorized official'' means--
                    (A) any officer, employee, or agent of the 
                Department of Homeland Security, the Department of 
                Transportation, or the Department of Justice; or
                    (B) any Federal, State, or local law enforcement 
                officer; and
            (2) the term ``employer'' includes any individual agent or 
        representative of that employer; and
            (3) the term ``violent behavior, or threatened violent 
        behavior'' means battery, assault, threats of violence, 
        physical fighting, physical intimidation, and other violent 
        conduct, or a threat of such conduct, that a reasonable person 
        would consider to pose a threat of physical injury to any 
        person.
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