SB3403sam001 99TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 5/4/2016

09900SB3403sam001 LRB099 21150 RLC 48261 a

AMENDMENT TO SENATE BILL 3403

AMENDMENT NO. ______. Amend Senate Bill 3403 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Best Candidate for the Job Act.

Section 5. Purpose. This Act is intended to ensure that public agencies properly consider persons previously convicted of one or more criminal offenses for licensure.

Section 10. Definitions. For the purposes of this Act:

"Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his or her fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license in question.

"License" means any certificate, license, permit, or grant of permission required by the laws of this State, its political subdivisions, or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession.

"Public agency" means the State or any local subdivision thereof, or any State or local department, agency, board, or commission.

Section 15. Applicability. This Act applies to any person who applies for a license at any public agency who has previously been convicted of one or more criminal offenses in any jurisdiction or whose conviction of one or more criminal offenses in any jurisdiction preceded the granting of a license.

Section 20. Discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license, to which the provisions of this Act are applicable, shall be denied or acted upon adversely by reason of the person having been previously convicted of one or more criminal offenses or by reason of a finding of lack of good moral character when that finding is based upon the fact that the person has previously been convicted of one or more criminal offenses, unless, after carefully considering the factors specified in Section 25 of this Act, the licensing agency determines that:

(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought or held by the person; and

(2) the issuance or continuation of the license or the granting would involve a substantial risk to property or to the safety or welfare of specific persons or the general public.

Section 25. Factors to be considered concerning a previous criminal conviction.

(a) In making a determination under Section 20 of this Act, the public agency shall consider the following factors:

(1) The public policy of this State to encourage the licensure of persons previously convicted of one or more criminal offenses.

(2) The specific duties and responsibilities necessarily related to the license sought or held by the person.

(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 of the duties or responsibilities necessarily related to the license in question.

(4) Any evidence demonstrating the ability of the applicant to perform the responsibilities of the license in question.

(5) The time that has elapsed since the occurrence of the criminal offense or offenses.

(6) The age of the person at the time of the criminal offense or offenses.

(7) The seriousness of the offense or offenses.

(8) The circumstances surrounding the offense or offenses.

(9) Any information produced by the person, or produced on the person's behalf, in regard to the person's rehabilitation and good conduct.

(10) The legitimate interest of the public agency in protecting property, and the safety and welfare of specific persons or the general public.

(b) In making a determination under Section 20 of this Act, the public agency shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate.".