HB3405 102ND GENERAL ASSEMBLY

LRB102 14951 LNS 20306 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3405

Introduced 2/22/2021, by Rep. Thomas Morrison

SYNOPSIS AS INTRODUCED:

New Act

Creates the Limitations on Actions for Negligent Hiring Act. Provides that an action may not be brought against a party solely for hiring an employee or independent contractor who has been convicted of a nonviolent, nonsexual offense. Provides that in a negligent hiring action for the acts of an employee or independent contractor, the fact that the employee or independent contractor was convicted of a nonviolent, nonsexual offense before the beginning of the employee's or independent contractor's employment or contractual obligation may not be introduced into evidence. Provides that the new provisions do not preclude the filing of an action based upon any existing cause of action for failure of an employer or other person to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor has been convicted of a nonviolent, nonsexual criminal offense may be introduced into evidence in the suit only if: (1) the employer knew of the conviction or was grossly negligent in not knowing of the conviction; and (2) the conviction was directly related to the nature of the employee's or independent contractor's work and the conduct that gave rise to the alleged injury that is the basis of the suit. Provides exceptions in certain situations.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Limitations on Actions for Negligent Hiring Act.

Section 5. Hiring employee or independent contractor convicted of a nonviolent, nonsexual offense.

(a) An action may not be brought against an employer, general contractor, premises owner, or other third party solely for hiring an employee or independent contractor who has been convicted of a nonviolent, nonsexual offense.

(b) In a negligent hiring action against an employer, general contractor, premises owner, or other third party for the acts of an employee or independent contractor that is based on a theory of liability other than that described by subsection (a), the fact that the employee or independent contractor was convicted of a nonviolent, nonsexual offense before the beginning of the employee's or independent contractor's employment or contractual obligation with the employer, general contractor, premises owner, or other third party, as applicable, may not be introduced into evidence.

(c) This Section does not preclude the filing of an action based upon any existing cause of action for failure of an employer or other person to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor has been convicted of a nonviolent, nonsexual criminal offense may be introduced into evidence in the suit only if:

(1) the employer knew of the conviction or was grossly negligent in not knowing of the conviction; and

(2) the conviction was directly related to the nature of the employee's or independent contractor's work and the conduct that gave rise to the alleged injury that is the basis of the suit.

(d) The protections provided to an employer, general contractor, premises owner, or third party under this Section do not apply in a suit concerning:

(1) the misuse of funds or property of a person other than the employer, general contractor, premises owner, or third party, by an employee or independent contractor, if, on the date the employee or independent contractor was hired, the employee or independent contractor had been convicted of a crime that includes fraud or the misuse of funds or property as an element of the offense, and it was foreseeable that the position for which the employee or independent contractor was hired would involve discharging a fiduciary responsibility in the management of funds or property;

(2) the misappropriation of funds by an employee or independent contractor, if the employee or independent contractor was hired as an attorney and, on the date the employee or independent contractor was hired, the employee or independent contractor had been convicted of a crime that includes fraud or the misuse of funds or property as an element of the offense; or

(3) a violent offense or an improper use of excessive force by an employee or independent contractor, if the employee or independent contractor was hired to serve as a law enforcement officer or security guard.