Illinois General Assembly - Full Text of HB0217
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Full Text of HB0217  101st General Assembly


Rep. Mary E. Flowers

Filed: 2/14/2019





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2    AMENDMENT NO. ______. Amend House Bill 217 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Criminal History in College Applications Act.
6    Section 5. Definitions. In this Act:
7    "Admission decision-making process" means the submission
8of a college application and all aspects of the college
9application process through admission.
10    "Applicant" means an individual who is seeking admission to
11a college.
12    "College" means any public or private institution of higher
13education authorized to confer degrees by the Board of Higher
14Education, including a college or university, professional
15school, or technical school.
16    "Criminal history information" means any record regarding



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1an applicant's criminal history, including, but not limited to,
2records of (1) arrests and detentions, (2) criminal charges or
3indictments and the nature of any disposition arising therefrom
4that does not result in a conviction, and (3) convictions.
5    Section 10. Inquiry about and consideration of criminal
6history information during the admission process.
7    (a) A college may not inquire about or consider an
8applicant's criminal history information at any time during the
9admission decision-making process.
10    (b) Notwithstanding the provisions of subsection (a) of
11this Section, a college may make inquiry about or consider an
12applicant's criminal history information if such inquiry or
13consideration is required by federal law or pursuant to Section
142605-327 of the Department of State Police Law of the Civil
15Administrative Code of Illinois or Section 10, 15, or 20 of the
16Medical School Matriculant Criminal History Records Check Act,
17if applicable. Any inquiry or consideration shall be limited to
18that which is necessary to comply with the applicable State or
19federal law. Inquiry about or consideration of criminal history
20information outside the scope of that required by applicable
21State or federal law is prohibited.
22    Section 15. Multi-institution applications.
23    (a) Notwithstanding the provisions of Section 10 of this
24Act, a college may use an application for admission that



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1inquires about an applicant's criminal history if (1) that
2application is administered by a third-party vendor and (2) the
3application allows applicants to apply for admission at
4multiple institutions simultaneously.
5    (b) A college that elects to use a multi-institution
6application as described in subsection (a) of this Section may
7not consider any criminal history information provided on the
8multi-institution application at any point during the
9admission decision-making process and may not make any further
10inquiries about an applicant's criminal history information
11during the admission decision-making process. If State or
12federal law requires inquiry or consideration of an applicant's
13criminal history information, any consideration of that
14criminal history information shall be limited to that which is
15necessary to comply with applicable State or federal law, as
16set forth in Section 10 of this Act.
17    (c) Except when inquiry or consideration of criminal
18history information is required by State or federal law, a
19college that elects to use a multi-institution application that
20inquires into criminal history information pursuant to
21subsection (a) of this Section shall publish a statement,
22prominently displayed on all of the college's admission
23materials and its admission website, that informs applicants
24that (1) the college is prohibited from considering an
25applicant's criminal history information pursuant to Illinois
26law and (2) an applicant using the multi-institution



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1application will not be penalized for failing to answer
2questions about his or her criminal history information.
3    Section 20. Permitted inquiries.
4    (a) After an individual has been admitted as a student, a
5college may, but is not required to, make inquiries about and
6consider an individual's criminal history information for the
7purposes of offering the individual counseling, services, or
8other guidance.
9    (b) After an individual has been admitted as a student and
10subject to any applicable federal or State law or local
11ordinance, a college may, but is not required to, make
12inquiries about or consider an individual's past criminal
13conviction history for the purposes of making decisions about
14participation in activities and aspects of campus life
15associated with the individual's status as a student,
16including, but not limited to, housing. At no time may a
17college inquire about criminal history information that is
18sealed or expunged or that did not result in conviction,
19including inquiring about any arrests or detentions or any
20criminal charges and the nature of any disposition arising
21therefrom that does not result in a conviction.
22    (c) A college may not use the information gathered in
23making an inquiry under this Section to rescind an offer of



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1    Section 25. Information about educational, licensing, or
2employment barriers for people with criminal records. A college
3may include information on its admission materials and website
4that informs prospective applicants that a criminal record may
5affect an individual's ability to obtain certain professional
6or occupational licenses or types of employment or to
7participate in certain clinical or other educational
8requirements. A college may provide a contact for applicants or
9prospective applicants to ask questions and seek advice about
10any restrictions they may face due to a criminal record. Any
11information obtained by a college pursuant to this Section may
12not be considered during the admission decision-making process
13and its use is otherwise subject to the provisions of Section
1420 of this Act and any confidentiality or similar provisions
15under State or federal law.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".