12-558.03. Limited liability; employer hiring or contracting with ex-offenders; exclusions; definitions

A. An employer is not liable for hiring an employee or contracting with an independent contractor who has previously been convicted of a criminal offense.

B. In a negligent hiring action that is filed against an employer for the acts of an employee or independent contractor and that is based on a theory of liability other than as described in subsection A of this section, the fact that the employee or independent contractor was previously convicted of a criminal offense before the employee's employment or independent contractor's contractual obligation began with the employer may not be introduced into evidence.

C. This section does not preclude an existing cause of action for the failure of an employer to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor has previously been convicted of a criminal offense may be introduced into evidence if the employer knew of the conviction or was grossly negligent in not knowing of the conviction and the conviction was directly related to the nature of the employee's or independent contractor's work and the conduct that gave rise to the alleged injury that is the basis of the cause of action.

D. The protections provided to an employer pursuant to this section do not apply in a cause of action based on any of the following:

1. The misuse of monies or property of a person other than the employer by an employee or independent contractor if, on the date that the employee was hired or the independent contractor entered into a contract with the employer, the employee or independent contractor had previously been convicted of an offense that includes fraud or the misuse of monies or property as an element of the offense, and it was foreseeable that the position for which the employee was hired or the independent contractor entered into a contract with the employer would involve discharging a fiduciary responsibility in the management of monies or property.

2. The misappropriation of monies by an employee or independent contractor if the employee was hired or the independent contractor entered into a contract with the employer as an attorney and, on the date that the employee was hired or the independent contractor entered into a contract with the employer, the employee or independent contractor had previously been convicted of an offense that includes fraud or the misuse of monies or property as an element of the offense.

3. A violent offense or the improper use of excessive force by an employee or independent contractor if the employee was hired or the independent contractor entered into a contract with the employer as a law enforcement officer or security guard.

E. This section does not establish a cause of action for the negligent hiring of or contracting with an ex-offender in factual situations that are not specifically included in this section. In making a determination whether liability exists in a cause of action, the court may not presume that, because facts are not specifically included in this section, there is a legislative intent to extend liability in such cases where it is not already established.

F. For the purposes of this section:

1. " Criminal offense" or " offense" means any criminal offense except violent offenses and sexual offenses.

2. " Employer" means an employer, general contractor, premises owner or other third party.