Relating to the liability of private employers, general contractors, and premises owners for negligently hiring or failing to supervise employees, agents, or independent contractors convicted of a public offense

However, the bill does not preclude causes of action for negligent hiring or negligent supervision of an employee, agent, or independent contractor, if two criteria are met. First, the private employer, general contractor, or premises owner knew or should have known of the conviction; and second, the employee, agent, or independent contractor was convicted of a public offense enumerated in the bill or a public offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment, or under the relationship or contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or the relationship or contract, taking into consideration enumerated factors set forth in the bill. The bill provides that the protections provided to a private employer, general contractor, or premises owner do not apply in a suit concerning the misuse of funds or property of a person other than the employer, general contractor, or premises owner, by an employee, agent, or independent contractor if, on the date the employee, agent, or independent contractor was hired, the employee, agent, or independent contractor had been convicted of a public offense that included fraud or the misuse of funds or property as an element of the public offense, and it was foreseeable that the position for which the employee, agent, or independent contractor was hired would involve discharging a fiduciary responsibility in the management of funds or property. The bill does not apply to the employment of prisoners at prisons.