Rep. Constance A. Howard
Filed: 3/26/2009
 
 

 




 

 		












09600HB0765ham001

LRB096 08589 RLC 24687 a






1

AMENDMENT TO HOUSE BILL 765




2
    AMENDMENT NO. ______. Amend House Bill 765 by replacing 
3
line 23 on page 1 and lines 1 through 9 on page 2 with the 
4
following:
5
    "(a-5) An employer that fails to comply with this Section 
6
may be charged with a civil rights violation under the Illinois 
7
Human Rights Act."; and


 
8
on page 2, by inserting immediately below line 19 the 
9
following:
 
10
    "Section 10. The Illinois Human Rights Act is amended  by 
11
changing Section 2-103 as follows:
 


12
    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)



13
    Sec. 2-103. Arrest Record. 

14
    (A) Unless otherwise authorized by law,
it is a civil 
15
rights violation for any
employer, employment agency or labor 
 


 






09600HB0765ham001
- 2 -
LRB096 08589 RLC 24687 a




1
organization to inquire
into or to use the fact of an arrest or 
2
criminal history
record information
ordered expunged, sealed 
3
or impounded or the record of an arrest or criminal charge 
4
which did not result in a conviction under Section 5 of the 
5
Criminal
Identification Act as a basis to
refuse to hire, to 
6
segregate, or to act
with respect to recruitment, hiring, 
7
promotion, renewal of employment,
selection for training or 
8
apprenticeship, discharge, discipline, tenure or
terms, 
9
privileges or conditions of employment.  This Section
does not 
10
prohibit a State agency, unit of local government or school

11
district, or private organization from requesting or utilizing 
12
sealed felony
conviction information obtained from the 
13
Department of State Police under
the provisions of Section 3 of 
14
the
Criminal Identification Act or under other State or federal 
15
laws or regulations that require criminal background checks in 
16
evaluating the qualifications
and character of an employee or a 
17
prospective employee.

18
    (B) The prohibition against the use of the fact of an 
19
arrest contained in
this Section shall not be construed to 
20
prohibit an employer, employment agency,
or labor organization 
21
from obtaining or using other information which indicates
that 
22
a person actually engaged in the conduct for which he or she 
23
was
arrested.

24
(Source: P.A. 93-1084, eff. 6-1-05.)".