Bill Text: IL HB3142 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Criminal History in College Applications Act. Provides that a public 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 State or federal law. Allows public colleges to continue using a multi-institution application, even if the application inquires about criminal history, but requires the public college to disregard the information for the admissions process. Allows public colleges to inquire about criminal history for certain purposes after the admission decision-making process, but forbids public colleges from rescinding an admissions offer based on the information. Authorizes public colleges to provide certain information. Effective immediately.

Spectrum: Partisan Bill (Democrat 28-1)

Status: (Engrossed) 2017-04-25 - Assigned to Criminal Law [HB3142 Detail]

Download: Illinois-2017-HB3142-Engrossed.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Criminal History in College Applications Act.
6 Section 5. Definitions. In this Section:
7 "Admission decision-making process" means the submission
8of a college application and all aspects of the college
9application process through admission.
10 "Applicant" means an individual who is seeking admission to
11a public college.
12 "Criminal history information" means any record regarding
13an applicant's criminal history, including, but not limited to,
14records of (1) arrests and detentions, (2) criminal charges or
15indictments and the nature of any disposition arising therefrom
16that does not result in a conviction, and (3) convictions.
17 "Public college" means the University of Illinois,
18Southern Illinois University, Chicago State University,
19Eastern Illinois University, Governors State University,
20Illinois State University, Northeastern Illinois University,
21Northern Illinois University, Western Illinois University, the
22public community colleges of this State, and any other public
23universities, colleges, and community colleges now or

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1hereafter established or authorized by the General Assembly.
2 Section 10. Inquiry about and consideration of criminal
3history information during the admissions process.
4 (a) A public college may not inquire about or consider an
5applicant's criminal history information at any time during the
6admission decision-making process.
7 (b) Notwithstanding the provisions of subsection (a) of
8this Section, a public college may make inquiry about or
9consider an applicant's criminal history information if such
10inquiry or consideration is required by federal law or pursuant
11to Section 2605-327 of the Department of State Police Law of
12the Civil Administrative Code of Illinois or Section 10, 15, or
1320 of the Medical School Matriculant Criminal History Records
14Check Act, if applicable. Any inquiry or consideration shall be
15limited to that which is necessary to comply with the
16applicable State or federal law. Inquiry about or consideration
17of criminal history information outside the scope of that
18required by applicable State or federal law is prohibited.
19 Section 15. Multi-institution applications.
20 (a) Notwithstanding the provisions of Section 10 of this
21Act, a public college may use an application for admission that
22inquires about an applicant's criminal history if (1) that
23application is administered by a third-party vendor and (2) the
24application allows applicants to apply for admission at

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1multiple institutions simultaneously.
2 (b) A public college that elects to use a multi-institution
3application as described in subsection (a) of this Section may
4not consider any criminal history information provided on the
5multi-institution application at any point during the
6admission decision-making process and may not make any further
7inquiries about an applicant's criminal history information
8during the admission decision-making process. If State or
9federal law requires inquiry or consideration of an applicant's
10criminal history information, any consideration of that
11criminal history information shall be limited to that which is
12necessary to comply with applicable State or federal law, as
13set forth in Section 10 of this Act.
14 (c) Except when inquiry or consideration of criminal
15history information is required by State or federal law, a
16public college that elects to use a multi-institution
17application that inquires into criminal history information
18pursuant to subsection (a) of this Section shall publish a
19statement, prominently displayed on all of the public college's
20admissions materials and its admissions website, that informs
21applicants that (1) the public college is prohibited from
22considering an applicant's criminal history information
23pursuant to Illinois law and (2) an applicant using the
24multi-institution application will not be penalized for
25failing to answer questions about his or her criminal history
26information.

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1 Section 20. Permitted inquiries.
2 (a) After an individual has been admitted as a student, a
3public college may, but is not required to, make inquiries
4about and consider an individual's criminal history
5information for the purposes of offering the individual
6counseling, services, or other guidance.
7 (b) After an individual has been admitted as a student and
8subject to any applicable federal or State law or local
9ordinance, a public college may, but is not required to, make
10inquiries about or consider an individual's past criminal
11conviction history for the purposes of making decisions about
12participation in activities and aspects of campus life
13associated with the individual's status as a student,
14including, but not limited to, housing. At no time may a public
15college inquire about criminal history information that is
16sealed or expunged or that did not result in conviction,
17including inquiring about any arrests or detentions or any
18criminal charges and the nature of any disposition arising
19therefrom that does not result in a conviction.
20 (c) A public college may not use the information gathered
21in making an inquiry under this Section to rescind an offer of
22admission.
23 Section 25. Information about educational, licensing, or
24employment barriers for people with criminal records. A public

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1college may include information on its admissions materials and
2website that informs prospective applicants that a criminal
3record may affect an individual's ability to obtain certain
4professional or occupational licenses or types of employment or
5to participate in certain clinical or other educational
6requirements. A public college may provide a contact for
7applicants or prospective applicants to ask questions and seek
8advice about any restrictions they may face due to a criminal
9record. Any information obtained by a public college pursuant
10to this Section may not be considered during the admission
11decision-making process and its use is otherwise subject to the
12provisions of Section 20 of this Act and any confidentiality or
13similar provisions under State or federal law.
14 Section 99. Effective date. This Act takes effect upon
15becoming law.
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