HB0217ham001 101ST GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 2/14/2019

10100HB0217ham001 LRB101 05115 AXK 55845 a

AMENDMENT TO HOUSE BILL 217

AMENDMENT NO. ______. Amend House Bill 217 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Criminal History in College Applications Act.

Section 5. Definitions. In this Act:

"Admission decision-making process" means the submission of a college application and all aspects of the college application process through admission.

"Applicant" means an individual who is seeking admission to a college.

"College" means any public or private institution of higher education authorized to confer degrees by the Board of Higher Education, including a college or university, professional school, or technical school.

"Criminal history information" means any record regarding an applicant's criminal history, including, but not limited to, records of (1) arrests and detentions, (2) criminal charges or indictments and the nature of any disposition arising therefrom that does not result in a conviction, and (3) convictions.

Section 10. Inquiry about and consideration of criminal history information during the admission process.

(a) A college may not inquire about or consider an applicant's criminal history information at any time during the admission decision-making process.

(b) Notwithstanding the provisions of subsection (a) of this Section, a college may make inquiry about or consider an applicant's criminal history information if such inquiry or consideration is required by federal law or pursuant to Section 2605-327 of the Department of State Police Law of the Civil Administrative Code of Illinois or Section 10, 15, or 20 of the Medical School Matriculant Criminal History Records Check Act, if applicable. Any inquiry or consideration shall be limited to that which is necessary to comply with the applicable State or federal law. Inquiry about or consideration of criminal history information outside the scope of that required by applicable State or federal law is prohibited.

Section 15. Multi-institution applications.

(a) Notwithstanding the provisions of Section 10 of this Act, a college may use an application for admission that inquires about an applicant's criminal history if (1) that application is administered by a third-party vendor and (2) the application allows applicants to apply for admission at multiple institutions simultaneously.

(b) A college that elects to use a multi-institution application as described in subsection (a) of this Section may not consider any criminal history information provided on the multi-institution application at any point during the admission decision-making process and may not make any further inquiries about an applicant's criminal history information during the admission decision-making process. If State or federal law requires inquiry or consideration of an applicant's criminal history information, any consideration of that criminal history information shall be limited to that which is necessary to comply with applicable State or federal law, as set forth in Section 10 of this Act.

(c) Except when inquiry or consideration of criminal history information is required by State or federal law, a college that elects to use a multi-institution application that inquires into criminal history information pursuant to subsection (a) of this Section shall publish a statement, prominently displayed on all of the college's admission materials and its admission website, that informs applicants that (1) the college is prohibited from considering an applicant's criminal history information pursuant to Illinois law and (2) an applicant using the multi-institution application will not be penalized for failing to answer questions about his or her criminal history information.

Section 20. Permitted inquiries.

(a) After an individual has been admitted as a student, a college may, but is not required to, make inquiries about and consider an individual's criminal history information for the purposes of offering the individual counseling, services, or other guidance.

(b) After an individual has been admitted as a student and subject to any applicable federal or State law or local ordinance, a college may, but is not required to, make inquiries about or consider an individual's past criminal conviction history for the purposes of making decisions about participation in activities and aspects of campus life associated with the individual's status as a student, including, but not limited to, housing. At no time may a college inquire about criminal history information that is sealed or expunged or that did not result in conviction, including inquiring about any arrests or detentions or any criminal charges and the nature of any disposition arising therefrom that does not result in a conviction.

(c) A college may not use the information gathered in making an inquiry under this Section to rescind an offer of admission.

Section 25. Information about educational, licensing, or employment barriers for people with criminal records. A college may include information on its admission materials and website that informs prospective applicants that a criminal record may affect an individual's ability to obtain certain professional or occupational licenses or types of employment or to participate in certain clinical or other educational requirements. A college may provide a contact for applicants or prospective applicants to ask questions and seek advice about any restrictions they may face due to a criminal record. Any information obtained by a college pursuant to this Section may not be considered during the admission decision-making process and its use is otherwise subject to the provisions of Section 20 of this Act and any confidentiality or similar provisions under State or federal law.

Section 99. Effective date. This Act takes effect upon becoming law.".