97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5721

 

Introduced 2/16/2012, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the State Employment Application Act. Provides that an application for State employment may not contain any question as to whether the applicant was convicted of or placed on supervision for a non-violent criminal offense but must contain a question as to whether the applicant for State employment has ever been convicted of a violent offense that is classified as a felony. Provides that nothing in the Act shall be construed to prohibit a State agency from conducting a criminal background check of an applicant for State employment. Provides that if a federal or State law disqualifies a person convicted of certain offenses from holding a position, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense. Provides that if an applicant is applying for a position of peace officer, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense. Provides that nothing in the Act prohibits a decision to refuse to hire on the basis that the applicant has been convicted of a criminal offense. Effective immediately.


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A BILL FOR

 

HB5721LRB097 15992 AEK 61143 b

1    AN ACT concerning State employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the State
5Employment Application Act.
 
6    Section 5. Definition. In this Act:
7    "Application for State employment" means a written or
8electronic form submitted by an applicant who is seeking
9employment with a State agency.
10    "Violent offense" means an offense that is a violent crime
11as defined in the Rights of Crime Victims and Witnesses Act.
12    "State agency" has the meaning ascribed to it in Section
131-7 of the Illinois State Auditing Act.
 
14    Section 10. State employment application; required
15question. Subject to the exception set out in Section 20 of
16this Act, an application for State employment may not contain
17any question as to whether the applicant was convicted of or
18placed on supervision for a non-violent criminal offense but
19must contain a question as to whether the applicant for State
20employment has ever been convicted of a violent offense that is
21classified as a felony.
 

 

 

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1    Section 15. Criminal background checks permitted. Nothing
2in this Act shall be construed to prohibit a State agency from
3conducting a criminal background check of an applicant for
4State employment.
 
5    Section 20. Application of federal or State law. If a
6federal or State law disqualifies a person convicted of certain
7offenses from holding a position, an application for that
8position may inquire as to whether the applicant has been
9convicted of a disqualifying offense. If an applicant is
10applying for a position of peace officer as defined in Section
112-13 of the Criminal Code of 1961, an application for that
12position may inquire as to whether the applicant has been
13convicted of a disqualifying offense.
 
14    Section 25. Refusal to hire for conviction of a criminal
15offense. Nothing in this Act prohibits a decision to refuse to
16hire on the basis that the applicant has been convicted of a
17criminal offense.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.