HB5390 96TH GENERAL ASSEMBLY

LRB096 19359 AJO 34750 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5390

Introduced 2/5/2010, by Rep. Constance A. Howard

SYNOPSIS AS INTRODUCED:

775 ILCS 5/2-103

from Ch. 68, par. 2-103

Amends the Illinois Human Rights Act. Makes it a civil rights violation for an employer, employment agency, or labor organization to inquire into or to use the fact of a felony conviction as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment if more than 10 years have elapsed since the person was convicted of the felony (if the person was sentenced to probation or conditional discharge rather than a term of imprisonment) or the person was released from incarceration for the felony (without regard to any period of parole or mandatory supervised release). Provides that the new provisions do not prohibit a State agency, unit of local government or school district, or private organization from requesting or using unsealed felony conviction information under State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee, nor do the new provisions prohibit an employer, employment agency, or labor organization from obtaining or using other information indicating that a person actually engaged in the conduct for which he or she was convicted.

A BILL FOR

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Human Rights Act is amended by changing Section 2-103 as follows:

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

Sec. 2-103. Records of Certain Convictions and Arrests Arrest Record.

(A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use the fact of an arrest or criminal history record information ordered expunged, sealed or impounded under Section 5.2 of the Criminal Identification Act as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment.

(A-5) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency, or labor organization to inquire into or to use the fact of a felony conviction as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment if:

(1) more than 10 years have elapsed since the person was convicted of the felony, if the person was sentenced to probation or conditional discharge rather than a term of imprisonment; or

(2) more than 10 years have elapsed since the person was released from incarceration for the felony, without regard to any period of parole or mandatory supervised release.

(A-10) This Section does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Department of State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee, nor does this Section prohibit a State agency, unit of local government or school district, or private organization from requesting or using unsealed felony conviction information under State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.

(B) The prohibitions prohibition against the use of the fact of a felony conviction under the circumstances described in subsection (A-5) and the fact of an arrest contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was convicted or arrested.

(Source: P.A. 96-409, eff. 1-1-10.)