HB1938 97TH GENERAL ASSEMBLY

LRB097 05672 AJO 50938 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1938

Introduced , by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

New Act

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.

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 Small Business Second Chance Employment Act.

Section 5. Purpose. The General Assembly finds that it is in the public interest to protect from civil actions a small business that provides employment and a second chance to a person who is an ex-offender and who has not been found to have engaged in any recent criminal conduct in the last 10 years.

Section 10. Definitions. For purposes of this Act,

"Court certificate" means a court order issued by the committing court, following a person's discharge from incarceration, probation, or parole, that certifies that the person's probation, sentence, parole, conditional discharge, or mandatory supervised release has been satisfactorily completed and that the court believes that the order would assist in the rehabilitation of the person and be consistent with the public welfare. This order shall be entered in a manner consistent with Section 5-5-5 of the Unified Code of Corrections.

"Second chance ex-offender" means a person: who was convicted of one or more felonies or misdemeanors and for whom the last day of incarceration, probation, parole, conditional discharge, or mandatory supervised release associated with any conviction, whichever is later, is more than 10 years prior to the date of the court certificate obtained pursuant to this Act; whose conviction record was disclosed to the small business employer prior that employer hiring the person; who was never convicted of a Class X or Class 1 felony, or an equivalent offense in any other state, territory, or country; who has never been adjudicated to be a habitual criminal pursuant to Section 5-4.5-95 of the Unified Code of Corrections; and who, prior to being hired by a small business pursuant to the Act, obtains a court certificate.

"Small business" means any for profit entity, independently owned and operated, that grosses less than $4,000,000 per year or that has 50 or fewer full-time employees.

Section 15. Immunity. A small business that, in good faith, employs a second chance ex-offender pursuant to the Act, shall not, as a result of employing the second chance ex-offender, except wilful and wanton misconduct on the part of the small business, be liable for civil damages for any criminal conduct engaged in by the second chance ex-offender during his or her working hours at the small business.