Full Text of HB3142 100th General Assembly
HB3142eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Criminal History in College Applications Act. | 6 | | Section 5. Definitions. In this Section: | 7 | | "Admission decision-making process" means the submission | 8 | | of a college application and all aspects of the college | 9 | | application process through admission. | 10 | | "Applicant" means an individual who is seeking admission to | 11 | | a public college. | 12 | | "Criminal history information" means any record regarding | 13 | | an applicant's criminal history, including, but not limited to, | 14 | | records of (1) arrests and detentions, (2) criminal charges or | 15 | | indictments and the nature of any disposition arising therefrom | 16 | | that does not result in a conviction, and (3) convictions. | 17 | | "Public college" means the University of Illinois, | 18 | | Southern Illinois University, Chicago State University, | 19 | | Eastern Illinois University, Governors State University, | 20 | | Illinois State University, Northeastern Illinois University, | 21 | | Northern Illinois University, Western Illinois University, the | 22 | | public community colleges of this State, and any other public | 23 | | universities, colleges, and community colleges now or |
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| 1 | | hereafter established or authorized by the General Assembly. | 2 | | Section 10. Inquiry about and consideration of criminal | 3 | | history information during the admissions process. | 4 | | (a) A public college may not inquire about or consider an | 5 | | applicant's criminal history information at any time during the | 6 | | admission decision-making process. | 7 | | (b) Notwithstanding the provisions of subsection (a) of | 8 | | this Section, a public college may make inquiry about or | 9 | | consider an applicant's criminal history information if such | 10 | | inquiry or consideration is required by federal law or pursuant | 11 | | to Section 2605-327 of the Department of State Police Law of | 12 | | the Civil Administrative Code of Illinois or Section 10, 15, or | 13 | | 20 of the Medical School Matriculant Criminal History Records | 14 | | Check Act, if applicable. Any inquiry or consideration shall be | 15 | | limited to that which is necessary to comply with the | 16 | | applicable State or federal law. Inquiry about or consideration | 17 | | of criminal history information outside the scope of that | 18 | | required by applicable State or federal law is prohibited. | 19 | | Section 15. Multi-institution applications. | 20 | | (a) Notwithstanding the provisions of Section 10 of this | 21 | | Act, a public college may use an application for admission that | 22 | | inquires about an applicant's criminal history if (1) that | 23 | | application is administered by a third-party vendor and (2) the | 24 | | application allows applicants to apply for admission at |
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| 1 | | multiple institutions simultaneously. | 2 | | (b) A public college that elects to use a multi-institution | 3 | | application as described in subsection (a) of this Section may | 4 | | not consider any criminal history information provided on the | 5 | | multi-institution application at any point during the | 6 | | admission decision-making process and may not make any further | 7 | | inquiries about an applicant's criminal history information | 8 | | during the admission decision-making process. If State or | 9 | | federal law requires inquiry or consideration of an applicant's | 10 | | criminal history information, any consideration of that | 11 | | criminal history information shall be limited to that which is | 12 | | necessary to comply with applicable State or federal law, as | 13 | | set forth in Section 10 of this Act. | 14 | | (c) Except when inquiry or consideration of criminal | 15 | | history information is required by State or federal law, a | 16 | | public college that elects to use a multi-institution | 17 | | application that inquires into criminal history information | 18 | | pursuant to subsection (a) of this Section shall publish a | 19 | | statement, prominently displayed on all of the public college's | 20 | | admissions materials and its admissions website, that informs | 21 | | applicants that (1) the public college is prohibited from | 22 | | considering an applicant's criminal history information | 23 | | pursuant to Illinois law and (2) an applicant using the | 24 | | multi-institution application will not be penalized for | 25 | | failing to answer questions about his or her criminal history | 26 | | information. |
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| 1 | | Section 20. Permitted inquiries. | 2 | | (a) After an individual has been admitted as a student, a | 3 | | public college may, but is not required to, make inquiries | 4 | | about and consider an individual's criminal history | 5 | | information for the purposes of offering the individual | 6 | | counseling, services, or other guidance. | 7 | | (b) After an individual has been admitted as a student and | 8 | | subject to any applicable federal or State law or local | 9 | | ordinance, a public college may, but is not required to, make | 10 | | inquiries about or consider an individual's past criminal | 11 | | conviction history for the purposes of making decisions about | 12 | | participation in activities and aspects of campus life | 13 | | associated with the individual's status as a student, | 14 | | including, but not limited to, housing. At no time may a public | 15 | | college inquire about criminal history information that is | 16 | | sealed or expunged or that did not result in conviction, | 17 | | including inquiring about any arrests or detentions or any | 18 | | criminal charges and the nature of any disposition arising | 19 | | therefrom that does not result in a conviction. | 20 | | (c) A public college may not use the information gathered | 21 | | in making an inquiry under this Section to rescind an offer of | 22 | | admission. | 23 | | Section 25. Information about educational, licensing, or | 24 | | employment barriers for people with criminal records. A public |
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| 1 | | college may include information on its admissions materials and | 2 | | website that informs prospective applicants that a criminal | 3 | | record may affect an individual's ability to obtain certain | 4 | | professional or occupational licenses or types of employment or | 5 | | to participate in certain clinical or other educational | 6 | | requirements. A public college may provide a contact for | 7 | | applicants or prospective applicants to ask questions and seek | 8 | | advice about any restrictions they may face due to a criminal | 9 | | record. Any information obtained by a public college pursuant | 10 | | to this Section may not be considered during the admission | 11 | | decision-making process and its use is otherwise subject to the | 12 | | provisions of Section 20 of this Act and any confidentiality or | 13 | | similar provisions under State or federal law.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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