HB0765ham001 96TH GENERAL ASSEMBLY

Rep. Constance A. Howard

Filed: 3/26/2009

09600HB0765ham001 LRB096 08589 RLC 24687 a

AMENDMENT TO HOUSE BILL 765

AMENDMENT NO. ______. Amend House Bill 765 by replacing line 23 on page 1 and lines 1 through 9 on page 2 with the following:

"(a-5) An employer that fails to comply with this Section may be charged with a civil rights violation under the Illinois Human Rights Act."; and

on page 2, by inserting immediately below line 19 the following:

"Section 10. The Illinois Human Rights Act is amended by changing Section 2-103 as follows:

(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)

Sec. 2-103. Arrest Record.

(A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to inquire into or to use the fact of an arrest or criminal history record information ordered expunged, sealed or impounded or the record of an arrest or criminal charge which did not result in a conviction under Section 5 of the Criminal Identification Act as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment. This Section does not prohibit a State agency, unit of local government or school district, or private organization from requesting or utilizing sealed felony conviction information obtained from the Department of State Police under the provisions of Section 3 of the Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.

(B) The prohibition against the use of the fact of an arrest contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from obtaining or using other information which indicates that a person actually engaged in the conduct for which he or she was arrested.

(Source: P.A. 93-1084, eff. 6-1-05.)".