See Something, Say Something About Violent Behavior Act of 2017

Bill: 115-hr-843
Sponsor: full_name: Rep. Goodlatte, Bob [R-VA-6]
Introduced: 2017-02-03
Policy area: Crime and Law Enforcement
Subjects: Assault and harassment offenses

Civil actions and liability

Department of Homeland Security

Department of Justice

Department of Transportation

Employee performance

Federal officials

Government employee pay, benefits, personnel management

Government liability

Law enforcement officers

Personnel records

Violent crime

Worker safety and health
Latest action: action_date: 2017-03-02
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2017-02-03
action_desc: Introduced in House
text: <p><b>See Something, Say Something About Violent Behavior Act of 2017</b></p> <p>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.</p> <p>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. <p>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. <p>

tv_txt: I 115th CONGRESS 1st Session H. R. 843 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.

1. Short title This Act may be cited as the See Something, Say Something About Violent Behavior Act of 2017 . 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.