Illinois General Assembly - Full Text of HB0665
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Full Text of HB0665  100th General Assembly


Rep. Thomas Morrison

Filed: 2/22/2017





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2    AMENDMENT NO. ______. Amend House Bill 665 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Limitations on Actions for Negligent Hiring and Retention Act.
6    Section 5. Findings. A claim for negligent hiring or
7retention is founded on the concept that an employer is liable
8for the harm resulting from its employee's negligent acts and
9that the employer knew or should have known an employee would
10be predisposed to committing a wrong in a position where the
11employee actually does commit that wrong against a third party.
12    Pre-employment background checks, employee drug testing,
13and physical exams are some of the ways an employer can protect
14itself from negligent hiring and retention claims. However, to
15protect an individual's privacy and to encourage the hiring of
16individuals with past criminal convictions, Illinois laws have



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1restricted an employer's ability to review certain information
2in deciding to hire someone and to what extent that information
3may be used in the hiring and retention decision.
4    Minorities who tend to be arrested and convicted at much
5higher rates can be disproportionately impacted by employers
6hesitant to hire individuals with a criminal background, due to
7potential liability.
8    The General Assembly finds that it is in the public
9interest to do more to give Illinois employers access to the
10broadest pool of qualified applicants for employment as
11possible, protect the civil rights of those seeking employment,
12and ensure that all qualified applicants are properly
13considered for employment opportunities.
14    Section 10. Definitions. As used in this Act:
15    "Employee" means a person who, for compensation, performs
16services for an employer under a written or oral contract for
17hire, whether express or implied.
18    "Employer" means an individual, partnership, association,
19corporation, limited liability company, business trust,
20governmental or quasi-governmental body, or person or group of
21persons acting directly or indirectly in the interest of an
23    Section 15. Limitation on liability.
24    (a) An action may not be brought against an employer solely



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1for negligently hiring or failing to adequately supervise an
2employee based on evidence that the employee has been convicted
3of a criminal offense.
4    (b) This Section does not preclude an action for negligent
5hiring or the failure of an employer to provide adequate
6supervision 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
13Section 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
2expand any existing cause of action.
3    Section 95. Applicability. This Act applies only to a cause
4of action that accrues on or after the effective date of this
5Act. A cause of action that accrues before the effective date
6of this Act is governed by the law in effect immediately before
7that date, and the former law is continued in effect for that
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".