99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5533

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Limitations on Actions for Negligent Hiring Act. Provides that a cause of action may not be brought against a party solely for hiring an employee or independent contractor who has been convicted of a nonviolent, non-sexual 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, non-sexual 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 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, non-sexual 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.


LRB099 15458 HEP 39743 b

 

 

A BILL FOR

 

HB5533LRB099 15458 HEP 39743 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Limitations on Actions for Negligent Hiring Act.
 
6    Section 5. Hiring employee or independent contractor
7convicted of a nonviolent, non-sexual offense.
8    (a) A cause of action may not be brought against an
9employer, general contractor, premises owner, or other third
10party solely for hiring an employee or independent contractor
11who has been convicted of a nonviolent, non-sexual offense.
12    (b) In a negligent hiring action against an employer,
13general contractor, premises owner, or other third party for
14the acts of an employee or independent contractor that is based
15on a theory of liability other than that described by
16subsection (a) of this Section, the fact that the employee or
17independent contractor was convicted of a nonviolent,
18non-sexual offense before the beginning of the employee's or
19independent contractor's employment or contractual obligation
20with the employer, general contractor, premises owner, or other
21third party, as applicable, may not be introduced into
22evidence.
23    (c) This Section does not preclude any existing cause of

 

 

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1action for failure of an employer or other person to provide
2adequate supervision of an employee or independent contractor,
3except that the fact that the employee or independent
4contractor has been convicted of a nonviolent, non-sexual
5criminal offense may be introduced into evidence in the suit
6only if:
7        (1) the employer knew of the conviction or was grossly
8    negligent in not knowing of the conviction; and
9        (2) the conviction was directly related to the nature
10    of the employee's or independent contractor's work and the
11    conduct that gave rise to the alleged injury that is the
12    basis of the suit.
13    (d) The protections provided to an employer, general
14contractor, premises owner, or third party under this Section
15do not apply in a suit concerning:
16        (1) the misuse of funds or property of a person other
17    than the employer, general contractor, premises owner, or
18    third party, by an employee or independent contractor, if,
19    on the date the employee or independent contractor was
20    hired, the employee or independent contractor had been
21    convicted of a crime that includes fraud or the misuse of
22    funds or property as an element of the offense, and it was
23    foreseeable that the position for which the employee or
24    independent contractor was hired would involve discharging
25    a fiduciary responsibility in the management of funds or
26    property;

 

 

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1        (2) the misappropriation of funds by an employee or
2    independent contractor, if the employee or independent
3    contractor was hired as an attorney and, on the date the
4    employee or independent contractor was hired, the employee
5    or independent contractor had been convicted of a crime
6    that includes fraud or the misuse of funds or property as
7    an element of the offense; or
8        (3) a violent offense or an improper use of excessive
9    force by an employee or independent contractor, if the
10    employee or independent contractor was hired to serve as a
11    law enforcement officer or security guard.