Full Text of HB0665 100th General Assembly
HB0665ham001 100TH GENERAL ASSEMBLY | Rep. Thomas Morrison Filed: 2/22/2017
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| 1 | | AMENDMENT TO HOUSE BILL 665
| 2 | | AMENDMENT NO. ______. Amend House Bill 665 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Limitations on Actions for Negligent Hiring and Retention Act. | 6 | | Section 5. Findings.
A claim for negligent hiring or | 7 | | retention is founded on the concept that an employer is liable | 8 | | for the harm resulting from its employee's negligent acts and | 9 | | that the employer knew or should have known an employee would | 10 | | be predisposed to committing a wrong in a position where the | 11 | | employee actually does commit that wrong against a third party. | 12 | | Pre-employment background checks, employee drug testing, | 13 | | and physical exams are some of the ways an employer can protect | 14 | | itself from negligent hiring and retention claims. However, to | 15 | | protect an individual's privacy and to encourage the hiring of | 16 | | individuals with past criminal convictions, Illinois laws have |
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| 1 | | restricted an employer's ability to review certain information | 2 | | in deciding to hire someone and to what extent that information | 3 | | may be used in the hiring and retention decision. | 4 | | Minorities who tend to be arrested and convicted at much | 5 | | higher rates can be disproportionately impacted by employers | 6 | | hesitant to hire individuals with a criminal background, due to | 7 | | potential liability.
| 8 | | The General Assembly finds that it is in the public | 9 | | interest to do more to give Illinois employers access to the | 10 | | broadest pool of qualified applicants for employment as | 11 | | possible, protect the civil rights of those seeking employment, | 12 | | and ensure that all qualified applicants are properly | 13 | | considered for employment opportunities.
| 14 | | Section 10. Definitions. As used in this Act: | 15 | | "Employee" means a person who, for compensation, performs | 16 | | services for an employer under a written or oral contract for | 17 | | hire, whether express or implied.
| 18 | | "Employer" means an individual, partnership, association, | 19 | | corporation, limited liability company, business trust, | 20 | | governmental or quasi-governmental body, or person or group of | 21 | | persons acting directly or indirectly in the interest of an | 22 | | employer. | 23 | | Section 15. Limitation on liability.
| 24 | | (a) An action may not be brought against an employer solely |
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| 1 | | for negligently hiring or failing to adequately supervise an | 2 | | employee based on evidence that the employee has been convicted | 3 | | of a criminal offense.
| 4 | | (b) This Section does not preclude an action for negligent | 5 | | hiring or the failure of an employer to provide adequate | 6 | | supervision of an employee if:
| 7 | | (1) the employer knew of the conviction or was grossly | 8 | | negligent in not knowing of the conviction; and
| 9 | | (2) the conviction was directly related to the nature | 10 | | of the employee's work and the conduct that gave rise to | 11 | | the alleged injury that is the basis of the suit.
| 12 | | (c) The protections provided to an employer under this | 13 | | Section do not apply in an action concerning: | 14 | | (1) the misuse of funds or property of a person other | 15 | | than the employer by an employee, if, on the date the | 16 | | employee was hired, the employee had been convicted of a | 17 | | crime that includes fraud or the misuse of funds or | 18 | | property as an element of the offense, and it was | 19 | | foreseeable that the position for which the employee was | 20 | | hired would involve discharging a fiduciary responsibility | 21 | | in the management of funds or property; or
| 22 | | (2) the misappropriation of funds by an employee, if | 23 | | the employee was hired as an attorney and, on the date the | 24 | | employee was hired, the employee had been convicted of a | 25 | | crime that includes fraud or the misuse of funds or | 26 | | property as an element of the offense.
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| 1 | | (d) This Section does not create a cause of action or | 2 | | expand any existing cause of action.
| 3 | | Section 95. Applicability. This Act applies only to a cause | 4 | | of action that accrues on or after the effective date of this | 5 | | Act. A cause of action that accrues before the effective date | 6 | | of this Act is governed by the law in effect immediately before | 7 | | that date, and the former law is continued in effect for that | 8 | | purpose.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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