Bill Text: IL HB2848 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Criminal History in College Applications Act. Defines terms. Provides that a 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 federal law or specified provisions of the Department of State Police Law of the Civil Administrative Code of Illinois or the Medical School Matriculant Criminal History Records Check Act, if applicable. Allows a college to use a multi-institution application, even if the application inquires about criminal history, but requires the college to disregard the information for the admission process. Allows a college to inquire about criminal history for certain purposes after the admission decision-making process, but forbids a college from rescinding an admission offer based on the information. Authorizes a college to provide certain information. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-03 - Tabled [HB2848 Detail]

Download: Illinois-2019-HB2848-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2848 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
New Act
Creates the Criminal History in College Applications Act. Defines terms. Provides that a 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 federal law or specified provisions of the Department of State Police Law of the Civil Administrative Code of Illinois or the Medical School Matriculant Criminal History Records Check Act, if applicable. Allows a college to use a multi-institution application, even if the application inquires about criminal history, but requires the college to disregard the information for the admission process. Allows a college to inquire about criminal history for certain purposes after the admission decision-making process, but forbids a college from rescinding an admission offer based on the information. Authorizes a college to provide certain information. Effective immediately.
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A BILL FOR
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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 Act:
"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 college.
"College" means any public or private institution of higher
education authorized to confer degrees by the Board of Higher
Education, including a college or university, professional
school, or technical school.
"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.
Section 10. Inquiry about and consideration of criminal
history information during the admission process.

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(a) A 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 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 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
multiple institutions simultaneously.
(b) A 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

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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
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 college's admission
materials and its admission website, that informs applicants
that (1) the 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.
Section 20. Permitted inquiries.
(a) After an individual has been admitted as a student, a
college may, but is not required to, make inquiries about and
consider an individual's criminal history information for the

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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 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
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 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 college
may include information on its admission 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

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requirements. A 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 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.