Full Text of HB1938 97th General Assembly
HB1938 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1938 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
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Creates the Small Business Second Chance Employment Act. Provides definitions of "second chance ex-offender", "court certificate", and "small business". Provides that a small business that, in good faith, employs a second chance ex-offender who presents a court certificate stating that the offender completed his or her probation, parole, conditional discharge, mandatory supervised release, or sentence at least 10 years earlier, who is not a habitual criminal, and who was never convicted of a Class X or Class 1 felony, is not liable as a result of employing the second chance ex-offender, except for wilful and wanton misconduct by the small business, to any person for any criminal conduct that the second chance ex-offender employee engages in during his or her working hours.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 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 Small | 5 | | Business Second Chance Employment Act. | 6 | | Section 5. Purpose. The General Assembly finds that it is | 7 | | in the public interest to protect from civil actions a small | 8 | | business that provides employment and a second chance to a | 9 | | person who is an ex-offender and who has not been found to have | 10 | | engaged in any recent criminal conduct in the last 10 years.
| 11 | | Section 10. Definitions. For purposes of this Act, | 12 | | "Court certificate" means a court order issued by the | 13 | | committing court, following a person's discharge from | 14 | | incarceration, probation, or parole, that certifies that the | 15 | | person's probation, sentence, parole, conditional discharge, | 16 | | or mandatory supervised release has been satisfactorily | 17 | | completed and that the court believes that the order would | 18 | | assist in the rehabilitation of the person and be consistent | 19 | | with the public welfare. This order shall be entered in a | 20 | | manner consistent with Section 5-5-5 of the Unified Code of | 21 | | Corrections. | 22 | | "Second chance ex-offender" means a person: who was |
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| 1 | | convicted of one or more felonies or misdemeanors and for whom | 2 | | the last day of incarceration, probation, parole, conditional | 3 | | discharge, or mandatory supervised release associated with any | 4 | | conviction, whichever is later, is more than 10 years prior to | 5 | | the date of the court certificate obtained pursuant to this | 6 | | Act; whose conviction record was disclosed to the small | 7 | | business employer prior that employer hiring the person; who | 8 | | was never convicted of a Class X or Class 1 felony, or an | 9 | | equivalent offense in any other state, territory, or country; | 10 | | who has never been adjudicated to be a habitual criminal | 11 | | pursuant to Section 5-4.5-95 of the Unified Code of | 12 | | Corrections; and who, prior to being hired by a small business | 13 | | pursuant to the Act, obtains a court certificate.
| 14 | | "Small business" means any for profit entity, | 15 | | independently owned and operated, that grosses less than | 16 | | $4,000,000 per year or that has 50 or fewer full-time | 17 | | employees.
| 18 | | Section 15. Immunity. A small business that, in good faith, | 19 | | employs a second chance ex-offender pursuant to the Act, shall | 20 | | not, as a result of employing the second chance ex-offender, | 21 | | except wilful and wanton misconduct on the part of the small | 22 | | business, be liable for civil damages for any criminal conduct | 23 | | engaged in by the second chance ex-offender during his or her | 24 | | working hours at the small business.
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