Bill Text: IL HB3142 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Creates the Criminal History in College Applications Act. Provides that a public college may not inquire about or consider an applicant's criminal history information at any time during the admission decision-making process, except as required by State or federal law. Allows public colleges to continue using a multi-institution application, even if the application inquires about criminal history, but requires the public college to disregard the information for the admissions process. Allows public colleges to inquire about criminal history for certain purposes after the admission decision-making process, but forbids public colleges from rescinding an admissions offer based on the information. Authorizes public colleges to provide certain information. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 43-4)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3142 Detail]

Download: Illinois-2017-HB3142-Engrossed.html

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AN ACT concerning education.
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
Criminal History in College Applications Act.
Section 5. Definitions. In this Section:
"Admission decision-making process" means the submission
of a college application and all aspects of the college
application process through admission.
"Applicant" means an individual who is seeking admission to
a public college.
"Criminal history information" means any record regarding
an applicant's criminal history, including, but not limited to,
records of (1) arrests and detentions, (2) criminal charges or
indictments and the nature of any disposition arising therefrom
that does not result in a conviction, and (3) convictions.
"Public college" means the University of Illinois,
Southern Illinois University, Chicago State University,
Eastern Illinois University, Governors State University,
Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University, the
public community colleges of this State, and any other public
universities, colleges, and community colleges now or

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hereafter established or authorized by the General Assembly.
Section 10. Inquiry about and consideration of criminal
history information during the admissions process.
(a) A public college may not inquire about or consider an
applicant's criminal history information at any time during the
admission decision-making process.
(b) Notwithstanding the provisions of subsection (a) of
this Section, a public college may make inquiry about or
consider an applicant's criminal history information if such
inquiry or consideration is required by federal law or pursuant
to Section 2605-327 of the Department of State Police Law of
the Civil Administrative Code of Illinois or Section 10, 15, or
20 of the Medical School Matriculant Criminal History Records
Check Act, if applicable. Any inquiry or consideration shall be
limited to that which is necessary to comply with the
applicable State or federal law. Inquiry about or consideration
of criminal history information outside the scope of that
required by applicable State or federal law is prohibited.
Section 15. Multi-institution applications.
(a) Notwithstanding the provisions of Section 10 of this
Act, a public college may use an application for admission that
inquires about an applicant's criminal history if (1) that
application is administered by a third-party vendor and (2) the
application allows applicants to apply for admission at

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multiple institutions simultaneously.
(b) A public college that elects to use a multi-institution
application as described in subsection (a) of this Section may
not consider any criminal history information provided on the
multi-institution application at any point during the
admission decision-making process and may not make any further
inquiries about an applicant's criminal history information
during the admission decision-making process. If State or
federal law requires inquiry or consideration of an applicant's
criminal history information, any consideration of that
criminal history information shall be limited to that which is
necessary to comply with applicable State or federal law, as
set forth in Section 10 of this Act.
(c) Except when inquiry or consideration of criminal
history information is required by State or federal law, a
public college that elects to use a multi-institution
application that inquires into criminal history information
pursuant to subsection (a) of this Section shall publish a
statement, prominently displayed on all of the public college's
admissions materials and its admissions website, that informs
applicants that (1) the public college is prohibited from
considering an applicant's criminal history information
pursuant to Illinois law and (2) an applicant using the
multi-institution application will not be penalized for
failing to answer questions about his or her criminal history
information.

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Section 20. Permitted inquiries.
(a) After an individual has been admitted as a student, a
public college may, but is not required to, make inquiries
about and consider an individual's criminal history
information for the purposes of offering the individual
counseling, services, or other guidance.
(b) After an individual has been admitted as a student and
subject to any applicable federal or State law or local
ordinance, a public college may, but is not required to, make
inquiries about or consider an individual's past criminal
conviction history for the purposes of making decisions about
participation in activities and aspects of campus life
associated with the individual's status as a student,
including, but not limited to, housing. At no time may a public
college inquire about criminal history information that is
sealed or expunged or that did not result in conviction,
including inquiring about any arrests or detentions or any
criminal charges and the nature of any disposition arising
therefrom that does not result in a conviction.
(c) A public college may not use the information gathered
in making an inquiry under this Section to rescind an offer of
admission.
Section 25. Information about educational, licensing, or
employment barriers for people with criminal records. A public

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college may include information on its admissions materials and
website that informs prospective applicants that a criminal
record may affect an individual's ability to obtain certain
professional or occupational licenses or types of employment or
to participate in certain clinical or other educational
requirements. A public college may provide a contact for
applicants or prospective applicants to ask questions and seek
advice about any restrictions they may face due to a criminal
record. Any information obtained by a public college pursuant
to this Section may not be considered during the admission
decision-making process and its use is otherwise subject to the
provisions of Section 20 of this Act and any confidentiality or
similar provisions under State or federal law.
Section 99. Effective date. This Act takes effect upon
becoming law.