Illinois General Assembly - Full Text of SB1284
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Full Text of SB1284  97th General Assembly

SB1284 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1284

 

Introduced 2/8/2011, by Sen. Kimberly A. Lightford

 

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 any employer, employment agency, or labor organization to inquire into or use the fact of an arrest, the fact of a criminal charge, or any expunged or sealed criminal history record information (instead of only the fact of an arrest or expunged or any sealed criminal history record information) of a person, as a basis to refuse to hire, for an adverse employment action, to refuse to grant tenure, or to affect the terms, privileges or conditions of employment, but that the prohibition against the use of the fact of an arrest or the fact of a criminal charge (instead of only the fact of an arrest) does not 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 or for which he or she was the subject of a criminal charge.


LRB097 06309 AJO 46777 b

 

 

A BILL FOR

 

SB1284LRB097 06309 AJO 46777 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-103 as follows:
 
6    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
7    Sec. 2-103. Arrest and Criminal Charge Records Record.
8    (A) Unless otherwise authorized by law, it is a civil
9rights violation for any employer, employment agency or labor
10organization to inquire into or to use (1) the fact of an
11arrest, (2) the fact of a criminal charge, or (3) criminal
12history record information ordered expunged, sealed or
13impounded under Section 5.2 of the Criminal Identification Act
14as a basis to refuse to hire, to segregate, or to act with
15respect to recruitment, hiring, promotion, renewal of
16employment, selection for training or apprenticeship,
17discharge, discipline, tenure or terms, privileges or
18conditions of employment. This Section does not prohibit a
19State agency, unit of local government or school district, or
20private organization from requesting or utilizing sealed
21felony conviction information obtained from the Department of
22State Police under the provisions of Section 3 of the Criminal
23Identification Act or under other State or federal laws or

 

 

SB1284- 2 -LRB097 06309 AJO 46777 b

1regulations that require criminal background checks in
2evaluating the qualifications and character of an employee or a
3prospective employee.
4    (B) The prohibition against the use of the fact of an
5arrest or the fact of a criminal charge contained in this
6Section shall not be construed to prohibit an employer,
7employment agency, or labor organization from obtaining or
8using other information which indicates that a person actually
9engaged in the conduct for which he or she was arrested or for
10which he or she was the subject of a criminal charge.
11(Source: P.A. 96-409, eff. 1-1-10.)