Bill Text: AZ SB1434 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Criminal history; required disclosure; limitations
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-02-17 - Senate COM Committee action: Do Pass Amended, voting: (9-0-0-0) [SB1434 Detail]
Download: Arizona-2021-SB1434-Introduced.html
|
REFERENCE TITLE: criminal history; required disclosure; limitations |
|
State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
|
|
SB 1434 |
|
|
|
Introduced by Senators Quezada: Rios, Steele
|
AN ACT
amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206; amending title 41, chapter 4, article 4, Arizona Revised Statutes, by adding section 41-755; relating to criminal history.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-206, to read:
23-206. Hiring practices; criminal history; exceptions; applicability; definition
A. Unless required by federal law, an employer may not inquire about, consider or require disclosure of the criminal conviction record of an applicant for employment during the hiring process unless all of the following conditions apply:
1. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record takes place during or after an interview by the employer or, if there is no interview, after the applicant has received a conditional offer of employment from the employer.
2. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record is for only the period of seven years from the date of conviction or seven years from release from incarceration, whichever is later.
B. Subsection A of this section does not apply to any of the following:
1. Employment positions that require a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 or to any employment position at a public airport.
2. a position requiring an applicant to submit fingerprints to access state and federal criminal records information for noncriminal justice purposes.
3. employment positions within a law enforcement, probation or prosecuting agency, emergency medical services transport employment positions or employment as a certified court security officer or firefighter.
4. Enforcing title 20, chapter 2, article 13 relating to the violent crime control and law enforcement act.
c. this section does not apply to an employer with fewer than fifteen employees.
d. for the purposes of this section, "interview" means any verbal interaction between an applicant and an employer or the employer's representative relating to the employment position or the duties of the position.
Sec. 2. Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read:
41-755. Hiring practices; criminal history; exceptions; applicability; definition
A. Unless required by federal law, a state agency may not inquire about, consider or require disclosure of the criminal conviction record of an applicant for employment during the hiring process unless all of the following conditions apply:
1. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record takes place during or after an interview by the employer or, if there is no interview, after the applicant has received a conditional offer of employment from the state agency.
2. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record is for only the period of seven years from the date of conviction or seven years from release from incarceration, whichever is later.
B. Subsection A of this section does not apply to any of the following:
1. Employment positions that require a valid fingerprint clearance card pursuant to chapter 12, article 3.1 of this title.
2. a position requiring an applicant to submit fingerprints to access state and federal criminal records information for noncriminal justice purposes.
3. employment positions within a law enforcement, probation or prosecuting agency, emergency medical services transport employment positions or employment as a certified court security officer or firefighter.
c. for the purposes of this section, "interview" means any verbal interaction between an applicant and an employer or the employer's representative relating to the employment position or the duties of the position.
