Illinois General Assembly - Full Text of HB4676
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Full Text of HB4676  98th General Assembly

HB4676 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4676

 

Introduced , by Rep. Ron Sandack

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/2-103  from Ch. 68, par. 2-103

    Amends the Illinois Human Rights Act. Provides that the prohibition against the use of the fact of an arrest in making employment decisions shall not be construed to apply to inquiries regarding arrests for which criminal charges are pending at the time of the inquiry.


LRB098 18460 HEP 53597 b

 

 

A BILL FOR

 

HB4676LRB098 18460 HEP 53597 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 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 the fact of an arrest or
11criminal history record information ordered expunged, sealed
12or impounded under Section 5.2 of the Criminal Identification
13Act as a basis to refuse to hire, to segregate, or to act with
14respect to recruitment, hiring, promotion, renewal of
15employment, selection for training or apprenticeship,
16discharge, discipline, tenure or terms, privileges or
17conditions of employment. This Section does not prohibit a
18State agency, unit of local government or school district, or
19private organization from requesting or utilizing sealed
20felony conviction information obtained from the Department of
21State Police under the provisions of Section 3 of the Criminal
22Identification Act or under other State or federal laws or
23regulations that require criminal background checks in

 

 

HB4676- 2 -LRB098 18460 HEP 53597 b

1evaluating the qualifications and character of an employee or a
2prospective employee.
3    (B) The prohibition against the use of the fact of an
4arrest contained in this Section shall not be construed to (i)
5apply to inquiries regarding arrests for which criminal charges
6are pending at the time of the inquiry; or (ii) prohibit an
7employer, employment agency, or labor organization from
8obtaining or using other information which indicates that a
9person actually engaged in the conduct for which he or she was
10arrested.
11(Source: P.A. 96-409, eff. 1-1-10.)