HB4188ham001 94TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 2/1/2006

09400HB4188ham001 LRB094 14309 RLC 55224 a

AMENDMENT TO HOUSE BILL 4188

AMENDMENT NO. ______. Amend House Bill 4188 on page 1, line 6, by replacing "Section" with "Sections 2-103.5 and"; and

on page 1, by replacing lines 14 through 20 with the following:

"(b) Nothing in this Act shall be construed to supersede: (1) federal or State laws, rules, or regulations that require inquiry into criminal conviction records or (2) any other law of this State that: (A) restricts or prohibits the employment or licensing of some or all ex-offenders in particular occupations or positions; or (B) restricts or prohibits some or all ex-offenders from residing in or being present at particular locations or places; or (C) places other restrictions or prohibitions upon some or all ex-offenders. The provisions set out in Section 2-103.5 of this Act apply to the hiring of ex-offenders."; and

on page 2, line 2, by inserting after the period the following: "Unlawful discrimination on the basis of ex-offender status does not include the refusal to enter into a real estate transaction or to offer a public accommodation because entering into the transaction or offering the public accommodation would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Unlawful discrimination on the basis of ex-offender status does not include the refusal to enter into a financial credit transaction because there is a direct relationship between one or more of the previous criminal offenses and the risk exposure to the creditor, or the entering into the transaction would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public."; and

on page 3, by replacing line 36 with the following: "or placed on supervision or convicted of an ordinance violation."; and

on page 4, by deleting lines 1 through 3; and

on page 5, by inserting immediately below line 35 the following:

"(775 ILCS 5/2-103.5 new)

Sec. 2-103.5. Conviction record.

(A) Unless otherwise authorized by law, this Act expressly bars any private or public entity or employer from discriminating in professional or occupational registration, licensure, or certification or the revocation of professional or occupational registration, licensure, or certification on the basis of status as an ex-offender unless:

(1) there is a direct relationship between one or more of the previous criminal offenses and the professional or occupational registration, licensure, or certification or revocation of professional or occupational registration, licensure, or certification; or

(2) the granting of the professional or occupational registration, licensure, or certification would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(B) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency, or labor organization to refuse to hire an applicant because the applicant has previously been convicted of one or more criminal offenses, or by reason of a finding of lack of good moral character when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless: (1) there is a direct relationship between one or more of the previous criminal offenses and the employment sought; or (2) the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(C) The prohibition against the use of a conviction record contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from terminating or denying employment to an individual who intentionally misrepresented or concealed his or her history of criminal convictions to the employer, employment agency, or labor organization.

(D) In making an employment determination under subsection (B), the employer, employment agency, or labor organization shall consider the following factors: (1) the public policy of this State, as expressed in this Act, to encourage the employment of persons previously convicted of one or more criminal offenses; (2) the specific duties and responsibilities necessarily related to the employment sought; (3) the bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties or responsibilities; (4) the time which has elapsed since the occurrence of the criminal offense or offenses; (5) the age of the person at the time of occurrence of the criminal offense or offenses; (6) the seriousness of the offense or offenses; (7) any information produced by the person, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct; and (8) the legitimate interest of the employer, employment agency, or labor organization in protecting property, and the safety and welfare of specific individuals or the general public. In making a determination under the factors in this subsection (D), the employer, employment agency, or labor organization shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the ex-offender, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate.

(E) Conditional offer of employment. Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency, or labor organization to inquire into and consider conviction records for a prospective employee prior to making a conditional offer of employment which may be withdrawn if: (1) there is a direct relationship between one or more of the previous criminal offenses and the employment sought; or (2) the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(F) Denial of employment due to criminal history record information. If the decision not to hire the applicant is based in whole or in part on the criminal history record information, the employer, employment agency, or labor organization shall notify the applicant in writing of the decision, as well as the applicant's right to review the criminal history information used to make the determination, within 14 business days after the decision not to hire has been made. Upon request from the applicant, the employer, employment agency, or labor organization shall provide the applicant with a copy of the written materials relied upon which relate to the criminal history information within 30 business days after the request.".