Full Text of HB0217 101st General Assembly
HB0217ham001 101ST GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 2/14/2019
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| 1 | | AMENDMENT TO HOUSE BILL 217
| 2 | | AMENDMENT NO. ______. Amend House Bill 217 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Criminal History in College Applications Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Admission decision-making process" means the submission | 8 | | of a college application and all aspects of the college | 9 | | application process through admission. | 10 | | "Applicant" means an individual who is seeking admission to | 11 | | a college. | 12 | | "College" means any public or private institution of higher | 13 | | education authorized to confer degrees by the Board of Higher | 14 | | Education, including a college or university, professional | 15 | | school, or technical school. | 16 | | "Criminal history information" means any record regarding |
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| 1 | | an applicant's criminal history, including, but not limited to, | 2 | | records of (1) arrests and detentions, (2) criminal charges or | 3 | | indictments and the nature of any disposition arising therefrom | 4 | | that does not result in a conviction, and (3) convictions. | 5 | | Section 10. Inquiry about and consideration of criminal | 6 | | history information during the admission process. | 7 | | (a) A college may not inquire about or consider an | 8 | | applicant's criminal history information at any time during the | 9 | | admission decision-making process. | 10 | | (b) Notwithstanding the provisions of subsection (a) of | 11 | | this Section, a college may make inquiry about or consider an | 12 | | applicant's criminal history information if such inquiry or | 13 | | consideration is required by federal law or pursuant to Section | 14 | | 2605-327 of the Department of State Police Law of the Civil | 15 | | Administrative Code of Illinois or Section 10, 15, or 20 of the | 16 | | Medical School Matriculant Criminal History Records Check Act, | 17 | | if applicable. Any inquiry or consideration shall be limited to | 18 | | that which is necessary to comply with the applicable State or | 19 | | federal law. Inquiry about or consideration of criminal history | 20 | | information outside the scope of that required by applicable | 21 | | State or federal law is prohibited. | 22 | | Section 15. Multi-institution applications. | 23 | | (a) Notwithstanding the provisions of Section 10 of this | 24 | | Act, a college may use an application for admission that |
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| 1 | | inquires about an applicant's criminal history if (1) that | 2 | | application is administered by a third-party vendor and (2) the | 3 | | application allows applicants to apply for admission at | 4 | | multiple institutions simultaneously. | 5 | | (b) A college that elects to use a multi-institution | 6 | | application as described in subsection (a) of this Section may | 7 | | not consider any criminal history information provided on the | 8 | | multi-institution application at any point during the | 9 | | admission decision-making process and may not make any further | 10 | | inquiries about an applicant's criminal history information | 11 | | during the admission decision-making process. If State or | 12 | | federal law requires inquiry or consideration of an applicant's | 13 | | criminal history information, any consideration of that | 14 | | criminal history information shall be limited to that which is | 15 | | necessary to comply with applicable State or federal law, as | 16 | | set forth in Section 10 of this Act. | 17 | | (c) Except when inquiry or consideration of criminal | 18 | | history information is required by State or federal law, a | 19 | | college that elects to use a multi-institution application that | 20 | | inquires into criminal history information pursuant to | 21 | | subsection (a) of this Section shall publish a statement, | 22 | | prominently displayed on all of the college's admission | 23 | | materials and its admission website, that informs applicants | 24 | | that (1) the college is prohibited from considering an | 25 | | applicant's criminal history information pursuant to Illinois | 26 | | law and (2) an applicant using the multi-institution |
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| 1 | | application will not be penalized for failing to answer | 2 | | questions about his or her criminal history information. | 3 | | Section 20. Permitted inquiries. | 4 | | (a) After an individual has been admitted as a student, a | 5 | | college may, but is not required to, make inquiries about and | 6 | | consider an individual's criminal history information for the | 7 | | purposes of offering the individual counseling, services, or | 8 | | other guidance. | 9 | | (b) After an individual has been admitted as a student and | 10 | | subject to any applicable federal or State law or local | 11 | | ordinance, a college may, but is not required to, make | 12 | | inquiries about or consider an individual's past criminal | 13 | | conviction history for the purposes of making decisions about | 14 | | participation in activities and aspects of campus life | 15 | | associated with the individual's status as a student, | 16 | | including, but not limited to, housing. At no time may a | 17 | | college inquire about criminal history information that is | 18 | | sealed or expunged or that did not result in conviction, | 19 | | including inquiring about any arrests or detentions or any | 20 | | criminal charges and the nature of any disposition arising | 21 | | therefrom that does not result in a conviction. | 22 | | (c) A college may not use the information gathered in | 23 | | making an inquiry under this Section to rescind an offer of | 24 | | admission. |
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| 1 | | Section 25. Information about educational, licensing, or | 2 | | employment barriers for people with criminal records. A college | 3 | | may include information on its admission materials and website | 4 | | that informs prospective applicants that a criminal record may | 5 | | affect an individual's ability to obtain certain professional | 6 | | or occupational licenses or types of employment or to | 7 | | participate in certain clinical or other educational | 8 | | requirements. A college may provide a contact for applicants or | 9 | | prospective applicants to ask questions and seek advice about | 10 | | any restrictions they may face due to a criminal record. Any | 11 | | information obtained by a college pursuant to this Section may | 12 | | not be considered during the admission decision-making process | 13 | | and its use is otherwise subject to the provisions of Section | 14 | | 20 of this Act and any confidentiality or similar provisions | 15 | | under State or federal law.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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