100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3647
 
Introduced , by Rep. Sonya M. Harper
 
SYNOPSIS AS INTRODUCED:
 

 
820 ILCS 75/15

     Amends the Job Opportunities for Qualified Applicants Act.
Provides that inquiries into a job applicant's criminal history may not inquire into events occurring more than 5 years before the date of the inquiry.
  


LRB100 09735 JLS 19904 b

 
 
A BILL FOR
 

  
HB3647LRB100 09735 JLS 19904 b


  
1    AN ACT concerning employment.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Job Opportunities for Qualified Applicants 
5Act is amended  by changing Section  15 as follows:
 
6    (820 ILCS 75/15)

7    Sec. 15. Employer pre-screening.
 
8    (a) An employer or employment agency may not inquire about 
9or into, consider, or require disclosure of the criminal record 
10or criminal history of an applicant until the applicant has 
11been determined qualified for the position and notified that 
12the applicant has been selected for an interview by the 
13employer or employment agency or, if there is not an interview, 
14until after a conditional offer of employment is made to the 
15applicant by the employer or employment agency. An inquiry 
16regarding an applicant's criminal record or criminal history 
17authorized under this Act may not inquire into events occurring 
18more than 5 years before the date of the inquiry.


19    (b) The requirements set forth in subsection (a) of this 
20Section do not apply for positions where:
21        (1) employers are required to exclude applicants with 
22    certain criminal convictions from employment due to 
23    federal or State law;
 
 
HB3647- 2 -LRB100 09735 JLS 19904 b

1        (2) a standard fidelity bond or an equivalent bond is 
2    required and an applicant's conviction of one or more 
3    specified criminal offenses would disqualify the applicant 
4    from obtaining such a bond, in which case an employer may 
5    include a question or otherwise inquire whether the 
6    applicant has ever been convicted of any of those offenses; 
7    or
8    
    (3) employers employ individuals licensed under the 
9    Emergency Medical Services (EMS) Systems Act.
10    (c) This Section does not prohibit an employer from 
11notifying applicants in writing of the specific offenses that 
12will disqualify an applicant from employment in a particular 
13position due to federal or State law or the employer's policy.



14(Source: P.A. 98-774, eff. 1-1-15.)