Sen. Kimberly A. Lightford
Filed: 3/10/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1657




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    AMENDMENT NO. ______. Amend Senate Bill 1657 by replacing 
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everything after the enacting clause with the following:


 
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    "Section 5. The Illinois Human Rights Act is amended  by 
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changing Section 2-103 as follows:
 


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    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)



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    Sec. 2-103. Arrest and Criminal Charge Records Record. 

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    (A) Unless otherwise authorized by law,
it is a civil 
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rights violation for any
employer, employment agency or labor 
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organization to inquire
into or to use (1) the fact of an 
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arrest,  (2) the fact of a criminal charge, or (3) criminal 
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history
record information
ordered expunged, sealed or 
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impounded under Section 5 of the Criminal
Identification Act as 
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a basis to
refuse to hire, to segregate, or to act
with respect 
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to recruitment, hiring, promotion, renewal of employment,

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selection for training or apprenticeship, discharge, 
 


 






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discipline, tenure or
terms, privileges or conditions of 
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employment.  This Section
does not prohibit a State agency, unit 
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of local government or school
district, or private organization 
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from requesting or utilizing sealed felony
conviction 
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information obtained from the Department of State Police under

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the provisions of Section 3 of the
Criminal Identification Act 
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or under other State or federal laws or regulations that 
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require criminal background checks in evaluating the 
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qualifications
and character of an employee or a prospective 
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employee.

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    (B) The prohibition against the use of the fact of an 
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arrest or the fact of a criminal charge contained in
this 
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Section shall not be construed to prohibit an employer, 
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employment agency,
or labor organization from obtaining or 
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using other information which indicates
that a person actually 
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engaged in the conduct for which he or she was
arrested.

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(Source: P.A. 93-1084, eff. 6-1-05.)".