Bill Text: IL HB3952 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends provisions of the Unemployment Insurance Act stating that no benefit rights shall accrue to an individual based upon wages from an employer for service rendered prior to the day upon which the individual was discharged because of the commission of a felony in connection with his or her work. Expands those provisions so that they also apply to an individual discharged because of the commission of a misdemeanor in connection with his or her work. Also provides that no benefits may be paid to any individual who is found guilty of or is granted supervision for a felony or misdemeanor committed against his or her former employer and is receiving benefits based on employment with his or her former employer. Effective January 1, 2013.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3952 Detail]
Download: Illinois-2011-HB3952-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unemployment Insurance Act is amended by | |||||||||||||||||||
5 | changing Section 602 as follows:
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6 | (820 ILCS 405/602) (from Ch. 48, par. 432)
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7 | Sec. 602. Discharge for misconduct - Felony or misdemeanor . | |||||||||||||||||||
8 | A. An individual shall be
ineligible for benefits for the week | |||||||||||||||||||
9 | in which he has been discharged for
misconduct connected with | |||||||||||||||||||
10 | his work and, thereafter, until he has become
reemployed and | |||||||||||||||||||
11 | has had earnings equal to or in excess of his current weekly
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12 | benefit amount in each of four calendar weeks
which are either | |||||||||||||||||||
13 | for services in employment, or have been or will be reported
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14 | pursuant to the provisions of the Federal Insurance | |||||||||||||||||||
15 | Contributions Act by
each employing unit for which such | |||||||||||||||||||
16 | services are performed and which submits
a statement certifying | |||||||||||||||||||
17 | to that fact.
The requalification requirements of the preceding | |||||||||||||||||||
18 | sentence shall be
deemed to have been satisfied, as of the date | |||||||||||||||||||
19 | of reinstatement, if,
subsequent to his discharge by an | |||||||||||||||||||
20 | employing unit for misconduct connected
with his work, such | |||||||||||||||||||
21 | individual is reinstated by such employing unit. For
purposes | |||||||||||||||||||
22 | of this subsection, the term "misconduct" means the deliberate | |||||||||||||||||||
23 | and
willful violation of a reasonable rule or policy of the |
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1 | employing unit,
governing the individual's behavior in | ||||||
2 | performance of his work, provided
such violation has harmed the | ||||||
3 | employing unit or other employees or has been
repeated by the | ||||||
4 | individual despite a warning or other explicit instruction
from | ||||||
5 | the employing unit.
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6 | B. Notwithstanding any other provision of this Act, no | ||||||
7 | benefit
rights shall accrue to any individual based upon wages | ||||||
8 | from any employer
for service rendered prior to the day upon | ||||||
9 | which such individual was
discharged because of the commission | ||||||
10 | of a felony or misdemeanor in connection with his
or her work, | ||||||
11 | or because of theft in connection with his or her work, for | ||||||
12 | which the
employer was in no way responsible; provided, that | ||||||
13 | the employer notified
the Director of such possible | ||||||
14 | ineligibility within the time limits
specified by regulations | ||||||
15 | of the Director, and that the individual has
admitted his or | ||||||
16 | her commission of the felony , misdemeanor, or theft to a | ||||||
17 | representative of
the Director, or has signed a written | ||||||
18 | admission of such act and such
written admission has been | ||||||
19 | presented to a representative of the
Director, or such act has | ||||||
20 | resulted in a conviction or order of
supervision by a court of
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21 | competent jurisdiction; and provided further, that if by reason | ||||||
22 | of such
act, he or she is in legal custody, held on bail or is a | ||||||
23 | fugitive from justice,
the determination of his or her benefit | ||||||
24 | rights shall be held in abeyance
pending the result of any | ||||||
25 | legal proceedings arising therefrom.
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26 | C. Notwithstanding any other provision of this Act, no |
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1 | benefits may be paid to any individual who is found guilty of | ||||||
2 | or is granted supervision for a felony or misdemeanor committed | ||||||
3 | against his or her former employer and is receiving benefits | ||||||
4 | based on employment with his or her former employer. | ||||||
5 | (Source: P.A. 85-956.)
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6 | Section 99. Effective date. This Act takes effect January | ||||||
7 | 1, 2013.
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