Bill Text: IL HB3005 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Employee Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to a candidate for employment until after the employer has received an application from and interviewed the candidate. Provides an exemption to permit background checks when a candidate's criminal history is an essential factor in the hiring decision. Permits questions concerning convictions during interviews. Authorizes a private right of action to remedy violations.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2013-04-19 - Third Reading - Short Debate - Lost 024-080-003 [HB3005 Detail]

Download: Illinois-2013-HB3005-Amended.html

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Rep. Rita Mayfield

Filed: 4/12/2013

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AMENDMENT TO HOUSE BILL 3005
AMENDMENT NO. ______. Amend House Bill 3005, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the
Employee Background Check Act.
Section 2. Purpose. The General Assembly finds that it is
in the public interest to give Illinois employers access to the
broadest pool of qualified applicants possible, to create
pathways that facilitate observance of the civil rights of
those seeking employment, and to ensure that all qualified
applicants are properly considered for available employment
opportunities and are not pre-screened unnecessarily or
unjustly.
Section 5. Definitions. As used in this Act:

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"Candidate" means any person considered by an employer when
identifying potential employees including, but not limited to,
persons who ask to be considered for employment or who request
information from an employer regarding potential employment or
are pursuing employment with an employer in response to some
indication that an employer may have employment opportunities
available.
"Employer" means any entity or person that employs one or
more persons.
"Employment" means any occupation or vocation.
Section 10. Employer Pre-screening.
(a) An employer may not, on the face of an employment
application or through any other means, inquire about or into a
candidate's criminal history directly or indirectly until
after the employer determines the candidate to be qualified for
the employment opportunity and interviews the candidate.
Employers may orally ask a candidate about criminal convictions
during an interview.
(b) The limitations set forth in subsection (a) of this
Section do not apply to employers who are required to exclude
candidates from employment because of federal law or Section 25
of the Health Care Worker Background Check Act.
Section 15. Violations. The Attorney General shall
investigate alleged violations of this Act by an employer. If

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the Attorney General finds that a violation has occurred, the
Attorney General may impose the following penalties:
(1) For violations that occur prior to January 1, 2015:
(A) for the first violation, the Attorney General shall
issue a written warning to the employer that includes
notice regarding penalties for subsequent violations;
(B) if a first violation is not remedied within 30 days
of the issuance of a warning under item (A) the Attorney
General may impose a $500 fine; and
(C) a second or subsequent violation prior to January
1, 2015, is subject to a fine of $500 per violation, not to
exceed $500 in a calendar month.
(2) For violations that occur on or after January 1, 2015:
(A) for employers that employ fewer than 21 persons at
every location, the penalty is $250 for each violation, not
to exceed $250 in a calendar month;
(B) for employers that employ at least 21 persons at
one of their locations, the penalty is $500 for each
violation, not to exceed $2,000 in a calendar month.
Section 99. Effective date. This Act takes effect on
January 1, 2014.".