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HD 2078

An Act to remove collateral consequences and protect the presumption of innocence

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 9 co-sponsors

Bill restricts employers and licensing agencies from taking adverse employment actions against people based solely on arrest or charges before criminal conviction.

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Bill Summary · HD 2078

Legislative bill overview

HD 2078 limits the collateral consequences individuals face based on criminal charges before conviction. The bill restricts employers, licensing boards, and other entities from taking adverse actions against people solely because they've been arrested or charged with a crime, rather than convicted. It reinforces the legal principle that individuals are presumed innocent until proven guilty in court proceedings.

Why is this important

Current law allows employers and licensing agencies to take action against someone based merely on an arrest or charge, which can devastate livelihoods before any trial occurs. This can pressure innocent people into guilty pleas and perpetuate economic hardship for those ultimately acquitted. The bill addresses a significant gap between the legal presumption of innocence and actual employment and licensing practices.

Potential points of contention

  • Public safety concerns: Opponents may argue that employers in sensitive fields (childcare, healthcare, financial services) need to restrict individuals during investigation periods to protect clients
  • Business autonomy: Employers and licensing bodies may contend this infringes on their independent hiring and credentialing decisions
  • Implementation ambiguity: Questions about what constitutes prohibited "adverse action" and whether all industries face the same restrictions, or if carve-outs exist for certain professions
  • Enforcement mechanisms: Unclear how violations would be penalized and who enforces compliance across diverse private and public entities

Compiled from official sources — confirm details with the bill’s official record.

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