97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1938

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Small Business Second Chance Employment Act. Provides definitions of "second chance ex-offender", "court certificate", and "small business". Provides that a small business that, in good faith, employs a second chance ex-offender who presents a court certificate stating that the offender completed his or her probation, parole, conditional discharge, mandatory supervised release, or sentence at least 10 years earlier, who is not a habitual criminal, and who was never convicted of a Class X or Class 1 felony, is not liable as a result of employing the second chance ex-offender, except for wilful and wanton misconduct by the small business, to any person for any criminal conduct that the second chance ex-offender employee engages in during his or her working hours.


LRB097 05672 AJO 50938 b

 

 

A BILL FOR

 

HB1938LRB097 05672 AJO 50938 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Small
5Business Second Chance Employment Act.
 
6    Section 5. Purpose. The General Assembly finds that it is
7in the public interest to protect from civil actions a small
8business that provides employment and a second chance to a
9person who is an ex-offender and who has not been found to have
10engaged in any recent criminal conduct in the last 10 years.
 
11    Section 10. Definitions. For purposes of this Act,
12    "Court certificate" means a court order issued by the
13committing court, following a person's discharge from
14incarceration, probation, or parole, that certifies that the
15person's probation, sentence, parole, conditional discharge,
16or mandatory supervised release has been satisfactorily
17completed and that the court believes that the order would
18assist in the rehabilitation of the person and be consistent
19with the public welfare. This order shall be entered in a
20manner consistent with Section 5-5-5 of the Unified Code of
21Corrections.
22    "Second chance ex-offender" means a person: who was

 

 

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1convicted of one or more felonies or misdemeanors and for whom
2the last day of incarceration, probation, parole, conditional
3discharge, or mandatory supervised release associated with any
4conviction, whichever is later, is more than 10 years prior to
5the date of the court certificate obtained pursuant to this
6Act; whose conviction record was disclosed to the small
7business employer prior that employer hiring the person; who
8was never convicted of a Class X or Class 1 felony, or an
9equivalent offense in any other state, territory, or country;
10who has never been adjudicated to be a habitual criminal
11pursuant to Section 5-4.5-95 of the Unified Code of
12Corrections; and who, prior to being hired by a small business
13pursuant to the Act, obtains a court certificate.
14    "Small business" means any for profit entity,
15independently owned and operated, that grosses less than
16$4,000,000 per year or that has 50 or fewer full-time
17employees.
 
18    Section 15. Immunity. A small business that, in good faith,
19employs a second chance ex-offender pursuant to the Act, shall
20not, as a result of employing the second chance ex-offender,
21except wilful and wanton misconduct on the part of the small
22business, be liable for civil damages for any criminal conduct
23engaged in by the second chance ex-offender during his or her
24working hours at the small business.