HB3722 98TH GENERAL ASSEMBLY

LRB098 14493 HLH 49231 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3722

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

New Act

Creates the Criminal History in Public Hiring Act. Provides that all State agencies, boards, and commissions under the jurisdiction of the Governor or any other executive branch officer must request the conviction information of all applicants. Requires all applicants for employment to authorize the release of that information. Provides criteria for the use of criminal history information in hiring. Defines "conviction information". Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act shall be known and may be cited as the Criminal History in Public Hiring Act.

Section 3. Legislative intent. It is the intent of the General Assembly to supersede Administrative Order 1 (2013).

Section 5. Criminal background checks; State employment. Notwithstanding any provision of law to the contrary:

(a) All State agencies, boards, and commissions under the jurisdiction of the Governor or any other executive branch officer must request the conviction information of all applicants for employment with that agency, board, or commission, regardless of whether the position is subject to the Personnel Code.

(b) All applications for employment with an agency, board, or commission described in subsection (a), including but not limited to applications used by the Bureau of Personnel of the Department of Central Management Services, and without regard to whether those applications are paper, electronic, or in any other form, shall expressly request the applicant's conviction information.

(c) All applicants for employment must authorize the release of that conviction information by executing a release on a form provided by the State agency, board, or commission. The form shall inform the applicant that the execution of the release is required by law for the consideration of his or her application for employment.

(d) Prior to making any offer of employment, all State agencies, boards, and commissions described in subsection (a) must obtain the applicant's conviction information. The State agency, board, or commission may not make any offer of employment to an applicant if: (1) State or federal law prohibits hiring an individual with specified criminal convictions for the particular position sought; (2) the applicant has been convicted of a crime that is reasonably related to the particular position sought; or (3) the employment of an individual with that criminal history is inconsistent with the duty of the State to protect the safety of its citizens and to secure their resources from abuse and misuse.

(e) As used in this Act, "conviction information" has the meaning ascribed to that term in the Illinois Uniform Conviction Information Act. However, for the purposes of this Act, "conviction information" does not include any conviction, plea of guilty, or arrest that has been expunged, sealed, or impounded under the Criminal Identification Act.

Section 99. Effective date. This Act takes effect upon becoming law.