Full Text of HB4188 94th General Assembly
HB4188ham001 94TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 2/1/2006
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LRB094 14309 RLC 55224 a |
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| AMENDMENT TO HOUSE BILL 4188
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| AMENDMENT NO. ______. Amend House Bill 4188 on page 1, line | 3 |
| 6, by replacing "Section" with "Sections 2-103.5 and"; and
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| on page 1, by replacing lines 14 through 20 with the following: | 5 |
| " (b) Nothing in this Act shall be construed to supersede: | 6 |
| (1) federal or State laws, rules, or regulations that require | 7 |
| inquiry into criminal conviction records or (2) any
other law | 8 |
| of this State that: (A) restricts or prohibits the
employment | 9 |
| or licensing of some or all ex-offenders in
particular | 10 |
| occupations or positions; or (B) restricts or
prohibits some or | 11 |
| all ex-offenders from residing in or being
present at | 12 |
| particular locations or places; or (C) places other
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| restrictions or prohibitions upon some or all ex-offenders.
The | 14 |
| provisions set out in Section 2-103.5 of this Act apply to the | 15 |
| hiring of ex-offenders. "; and | 16 |
| on page 2, line 2, by inserting after the period the following: | 17 |
| " Unlawful discrimination on the basis of ex-offender status | 18 |
| does not include the refusal to enter into a real estate | 19 |
| transaction or to offer a public accommodation because entering | 20 |
| into the transaction or offering the public accommodation would | 21 |
| involve an unreasonable risk to property or to the safety or | 22 |
| welfare of specific individuals or the general public.
Unlawful | 23 |
| discrimination on the basis of ex-offender status does not | 24 |
| include the refusal to enter into a financial credit |
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| transaction because there is a direct relationship between one | 2 |
| or more of the previous criminal offenses and the risk exposure | 3 |
| to the creditor, or the entering into the transaction would | 4 |
| involve an unreasonable risk to property or to the safety or | 5 |
| welfare of specific individuals or the general public. "; and | 6 |
| on page 3, by replacing line 36 with the following: | 7 |
| " or placed on supervision or convicted of an ordinance | 8 |
| violation. "; and | 9 |
| on page 4, by deleting lines 1 through 3; and | 10 |
| on page 5, by inserting immediately below line 35 the | 11 |
| following: | 12 |
| "(775 ILCS 5/2-103.5 new) | 13 |
| Sec. 2-103.5. Conviction record. | 14 |
| (A) Unless otherwise authorized by law, this Act expressly | 15 |
| bars any private or public entity or employer from | 16 |
| discriminating in professional or occupational registration, | 17 |
| licensure, or certification or the revocation of professional | 18 |
| or occupational registration, licensure, or certification on | 19 |
| the basis of status as an ex-offender unless: | 20 |
| (1) there is a direct relationship between one or more | 21 |
| of the previous criminal offenses and the professional or | 22 |
| occupational registration, licensure, or certification or | 23 |
| revocation of professional or occupational registration, | 24 |
| licensure, or certification; or | 25 |
| (2) the granting of the professional or occupational | 26 |
| registration, licensure, or certification would involve an | 27 |
| unreasonable risk to property or to the safety or welfare | 28 |
| of specific individuals or the general public. | 29 |
| (B) Unless otherwise authorized by law, it is a civil | 30 |
| rights violation for any employer, employment agency, or labor |
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LRB094 14309 RLC 55224 a |
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| organization to refuse to hire an applicant because the | 2 |
| applicant has previously been convicted of one or more criminal | 3 |
| offenses, or by reason of a finding of lack of good moral | 4 |
| character when the finding is based upon the fact that the | 5 |
| applicant has previously been convicted of one or more criminal | 6 |
| offenses, unless:
(1) there is a direct relationship between | 7 |
| one or more of the previous criminal offenses and the | 8 |
| employment sought; or
(2) the granting of the employment would | 9 |
| involve an unreasonable risk to property or to the safety or | 10 |
| welfare of specific individuals or the general public. | 11 |
| (C) The prohibition against the use of a conviction record | 12 |
| contained in this Section shall not be construed to prohibit an | 13 |
| employer, employment agency, or labor organization from | 14 |
| terminating or denying employment to an individual who | 15 |
| intentionally misrepresented or concealed his or her history of | 16 |
| criminal convictions to the employer, employment agency, or | 17 |
| labor organization. | 18 |
| (D) In making an employment determination under subsection | 19 |
| (B), the employer, employment agency, or labor organization | 20 |
| shall consider the following factors:
(1) the public policy of | 21 |
| this State, as expressed in this Act, to encourage the | 22 |
| employment of persons previously convicted of one or more | 23 |
| criminal offenses;
(2) the specific duties and | 24 |
| responsibilities necessarily related to the employment sought;
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| (3) the bearing, if any, the criminal offense or offenses for | 26 |
| which the person was previously convicted will have on his or | 27 |
| her fitness or ability to perform one or more such duties or | 28 |
| responsibilities;
(4) the time which has elapsed since the | 29 |
| occurrence of the criminal offense or offenses;
(5) the age of | 30 |
| the person at the time of occurrence of the criminal offense or | 31 |
| offenses;
(6) the seriousness of the offense or offenses;
(7) | 32 |
| any information produced by the person, or produced on his or | 33 |
| her behalf, in regard to his or her rehabilitation and good | 34 |
| conduct; and
(8) the legitimate interest of the employer, |
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| employment agency, or labor organization in protecting | 2 |
| property, and the safety and welfare of specific individuals or | 3 |
| the general public.
In making a determination under the factors | 4 |
| in this subsection (D), the employer, employment agency, or | 5 |
| labor organization shall also give consideration to a | 6 |
| certificate of relief from disabilities or a certificate of | 7 |
| good conduct issued to the ex-offender, which certificate
shall | 8 |
| create a presumption of rehabilitation in regard to the offense | 9 |
| or offenses specified in the certificate. | 10 |
| (E) Conditional offer of employment. Unless otherwise | 11 |
| authorized by law, it is a civil rights violation for any | 12 |
| employer, employment agency, or labor organization to inquire | 13 |
| into and consider conviction records for a prospective employee | 14 |
| prior to making a conditional offer of employment which may be | 15 |
| withdrawn if:
(1) there is a direct relationship between one or | 16 |
| more of the previous criminal offenses and the employment | 17 |
| sought; or
(2) the granting of the employment would involve an | 18 |
| unreasonable risk to property or to the safety or welfare of | 19 |
| specific individuals or the general public. | 20 |
| (F) Denial of employment due to criminal history record | 21 |
| information. If the decision not to hire the applicant is based | 22 |
| in whole or in part on the criminal history record information, | 23 |
| the employer, employment agency, or labor organization shall | 24 |
| notify the applicant in writing of the decision, as well as the | 25 |
| applicant's right to review the criminal history information | 26 |
| used to make the determination, within 14 business days after | 27 |
| the decision not to hire has been made. Upon request from the | 28 |
| applicant, the employer, employment agency, or labor | 29 |
| organization shall provide the applicant with a copy of the | 30 |
| written materials relied upon which relate to the criminal | 31 |
| history information within 30 business days after the | 32 |
| request. ".
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