Bill Text: IL HB1210 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the State Employment Application Act. Provides that an application for State employment may not contain any question as to whether the applicant was convicted of or placed on supervision for a non-violent criminal offense but must contain a question as to whether the applicant for State employment has ever been convicted of a violent offense that is classified as a felony. Provides that nothing in the Act shall be construed to prohibit a State agency from conducting a criminal background check of an applicant for State employment. Provides that if a federal or State law disqualifies a person convicted of certain offenses from holding a position, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense. Provides that if an applicant is applying for a position of peace officer, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense. Provides that nothing in the Act prohibits a decision to refuse to hire on the basis that the applicant has been convicted of a criminal offense. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1210 Detail]

Download: Illinois-2011-HB1210-Amended.html

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Rep. La Shawn K. Ford

Filed: 2/28/2012

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AMENDMENT TO HOUSE BILL 1210
AMENDMENT NO. ______. Amend House Bill 1210 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the State
Employment Application Act.
Section 5. Definitions. In this Act:
"Application for State employment" means a written or
electronic form submitted by an individual who is seeking
employment with a State agency. An application form may seek
information regarding an individual applicant's credentials,
educational and prior work history, training, and other
information pertinent to an assessment of the applicant for
employment with the State. For purposes of this Act, the term
"application" does not include testing materials or forms
requesting a candidate's permission to perform a background
check.

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"State agency" has the meaning ascribed to it in Section
1-7 of the Illinois State Auditing Act.
Section 10. State employment application. Subject to the
exception set out in Section 25 of this Act, an application for
State employment may not contain any question as to whether the
applicant was convicted of or placed on supervision for a
criminal offense.
Section 15. Criminal background checks permitted. Nothing
in this Act shall be construed to prohibit a State agency from
conducting a criminal background check of an applicant for
State employment.
Section 20. Timing and manner of criminal background
inquiry. Except as otherwise required by State or federal law,
nothing in this Act shall be construed to prohibit a State
agency from requiring an applicant to complete a release form
that grants to the State the applicant's permission to conduct
a background check. This background check release form and any
form other than an initial application form may inquire as to
the applicant's criminal conviction history. This background
check release form and the inquiry into an applicant's criminal
background may not be required of an applicant until after the
applicant has been interviewed for a position or has been
conditionally offered a position.

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Section 25. Application of federal or State law. If federal
or State law disqualifies a person convicted of certain
offenses from holding a position, an application for that
position may inquire as to whether the applicant has been
convicted of a disqualifying offense. If an applicant is
applying for a position of peace officer as defined in Section
2-13 of the Criminal Code of 1961, an application for that
position may inquire as to whether the applicant has been
convicted of a disqualifying offense.
Section 30. Refusal to hire for conviction of a criminal
offense. Nothing in this Act prohibits a decision to refuse to
hire on the basis that the applicant has been convicted of a
criminal offense.
Section 35. Application to current employees. The
provisions of this Act do not apply to current State employees
or documents they are required to complete for promotions,
salary increases, transfers to other agencies, applications
for new positions, or any other changes in position or status.
Section 99. Effective date. This Act takes effect January
1, 2013.".