Bill Text: IL HB0665 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Limitations on Actions for Negligent Hiring Act. Provides that a cause of action may not be brought against a party solely for hiring an employee or independent contractor who has been convicted of a nonviolent, non-sexual offense. Provides that in a negligent hiring action for the acts of an employee or independent contractor, the fact that the employee or independent contractor was convicted of a nonviolent, non-sexual offense before the beginning of the employee's or independent contractor's employment or contractual obligation may not be introduced into evidence. Provides that the new provisions do not preclude any existing cause of action for failure of an employer or other person to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor has been convicted of a nonviolent, non-sexual criminal offense may be introduced into evidence in the suit only if: (1) the employer knew of the conviction or was grossly negligent in not knowing of the conviction; and (2) the conviction was directly related to the nature of the employee's or independent contractor's work and the conduct that gave rise to the alleged injury that is the basis of the suit. Provides exceptions in certain situations.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0665 Detail]

Download: Illinois-2017-HB0665-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0665 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED:
New Act
Creates the Limitations on Actions for Negligent Hiring Act. Provides that a cause of action may not be brought against a party solely for hiring an employee or independent contractor who has been convicted of a nonviolent, non-sexual offense. Provides that in a negligent hiring action for the acts of an employee or independent contractor, the fact that the employee or independent contractor was convicted of a nonviolent, non-sexual offense before the beginning of the employee's or independent contractor's employment or contractual obligation may not be introduced into evidence. Provides that the new provisions do not preclude any existing cause of action for failure of an employer or other person to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor has been convicted of a nonviolent, non-sexual criminal offense may be introduced into evidence in the suit only if: (1) the employer knew of the conviction or was grossly negligent in not knowing of the conviction; and (2) the conviction was directly related to the nature of the employee's or independent contractor's work and the conduct that gave rise to the alleged injury that is the basis of the suit. Provides exceptions in certain situations.
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A BILL FOR
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AN ACT concerning civil law.
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
Limitations on Actions for Negligent Hiring Act.
Section 5. Hiring employee or independent contractor
convicted of a nonviolent, non-sexual offense.
(a) A cause of action may not be brought against an
employer, general contractor, premises owner, or other third
party solely for hiring an employee or independent contractor
who has been convicted of a nonviolent, non-sexual offense.
(b) In a negligent hiring action against an employer,
general contractor, premises owner, or other third party for
the acts of an employee or independent contractor that is based
on a theory of liability other than that described by
subsection (a) of this Section, the fact that the employee or
independent contractor was convicted of a nonviolent,
non-sexual offense before the beginning of the employee's or
independent contractor's employment or contractual obligation
with the employer, general contractor, premises owner, or other
third party, as applicable, may not be introduced into
evidence.
(c) This Section does not preclude any existing cause of

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action for failure of an employer or other person to provide
adequate supervision of an employee or independent contractor,
except that the fact that the employee or independent
contractor has been convicted of a nonviolent, non-sexual
criminal offense may be introduced into evidence in the suit
only if:
(1) the employer knew of the conviction or was grossly
negligent in not knowing of the conviction; and
(2) the conviction was directly related to the nature
of the employee's or independent contractor's work and the
conduct that gave rise to the alleged injury that is the
basis of the suit.
(d) The protections provided to an employer, general
contractor, premises owner, or third party under this Section
do not apply in a suit concerning:
(1) the misuse of funds or property of a person other
than the employer, general contractor, premises owner, or
third party, by an employee or independent contractor, if,
on the date the employee or independent contractor was
hired, the employee or independent contractor had been
convicted of a crime that includes fraud or the misuse of
funds or property as an element of the offense, and it was
foreseeable that the position for which the employee or
independent contractor was hired would involve discharging
a fiduciary responsibility in the management of funds or
property;

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(2) the misappropriation of funds by an employee or
independent contractor, if the employee or independent
contractor was hired as an attorney and, on the date the
employee or independent contractor was hired, the employee
or independent contractor had been convicted of a crime
that includes fraud or the misuse of funds or property as
an element of the offense; or
(3) a violent offense or an improper use of excessive
force by an employee or independent contractor, if the
employee or independent contractor was hired to serve as a
law enforcement officer or security guard.