HB6948 93RD GENERAL ASSEMBLY

LRB093 20451 WGH 46237 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6948

Introduced 02/09/04, by Constance A. Howard

SYNOPSIS AS INTRODUCED:

775 ILCS 5/2-103

from Ch. 68, par. 2-103

Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer, employment agency, or labor organization to inquire into or to use the fact of an arrest as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment if an individual has pleaded guilty to a crime, has received supervision, has complied with the supervision requirements, and has received a judgment dismissing the charges. Effective January 1, 2005.

A BILL FOR

AN ACT concerning human rights.

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

Section 5. The Illinois Human Rights Act is amended by changing Section 2-103 as follows:

(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)

Sec. 2-103. Arrest Record.

(A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use the fact of:

(i) an arrest or criminal history record information ordered expunged, sealed or impounded under Section 5 of the Criminal Identification Act; or

(ii) an arrest for which an individual has pleaded guilty to a crime, has received supervision, has complied with the supervision requirements, and has received a judgment dismissing the charges; as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment. This Section does not prohibit a State agency, unit of local government or school district, or private organization from utilizing conviction information obtained from the Department of State Police under the provisions of Section 3 of the Criminal Identification Act in evaluating the qualifications and character of an employee or a prospective employee.

(B) The prohibition against the use of the fact of an arrest contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was arrested.

(Source: P.A. 89-370, eff. 8-18-95.)

Section 99. Effective date. This Act takes effect January 1, 2005.