97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3201

 

Introduced 2/24/2011, by Rep. Esther Golar

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/2-103  from Ch. 68, par. 2-103

    Amends the Illinois Human Rights Act. Provides that 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 that was entered more than 7 years earlier 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. 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 State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.


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A BILL FOR

 

HB3201LRB097 07461 AJO 47570 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-103 as follows:
 
6    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
7    Sec. 2-103. Arrest Record.
8    (A) Unless otherwise authorized by law, it is a civil
9rights violation for any employer, employment agency or labor
10organization to inquire into or to use the fact of an arrest or
11criminal history record information ordered expunged, sealed
12or impounded under Section 5.2 of the Criminal Identification
13Act as a basis to refuse to hire, to segregate, or to act with
14respect to recruitment, hiring, promotion, renewal of
15employment, selection for training or apprenticeship,
16discharge, discipline, tenure or terms, privileges or
17conditions of employment. This Section does not prohibit a
18State agency, unit of local government or school district, or
19private organization from requesting or utilizing sealed
20felony conviction information obtained from the Department of
21State Police under the provisions of Section 3 of the Criminal
22Identification Act or under other State or federal laws or
23regulations that require criminal background checks in

 

 

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1evaluating the qualifications and character of an employee or a
2prospective employee.
3    (B) The prohibition against the use of the fact of an
4arrest contained in this Section shall not be construed to
5prohibit an employer, employment agency, or labor organization
6from obtaining or using other information which indicates that
7a person actually engaged in the conduct for which he or she
8was arrested.
9    (C) Unless otherwise authorized by law, it is a civil
10rights violation for any employer, employment agency or labor
11organization to inquire into or to use the fact of a felony
12conviction that was entered more than 7 years earlier as a
13basis to refuse to hire, to segregate, or to act with respect
14to recruitment, hiring, promotion, renewal of employment,
15selection for training or apprenticeship, discharge,
16discipline, tenure or terms, privileges or conditions of
17employment. This Section does not prohibit a State agency, unit
18of local government or school district, or private organization
19from requesting or utilizing sealed felony conviction
20information obtained from the Department of State Police under
21the provisions of Section 3 of the Criminal Identification Act
22or under other State or federal laws or regulations that
23require criminal background checks in evaluating the
24qualifications and character of an employee or a prospective
25employee.
26(Source: P.A. 96-409, eff. 1-1-10.)