Bill
Bill > H3346
SC H3346
SC H3346Provide That No Job Application May Include Questions Related To Convictions Of A Crime, Unless The Crime For Which He Was Convicted Directly Relates To The Position Of Employment Sought Or The Occupation For Which The License Is Sought, To Provide A Related Policy Statement, And To Provide Necessary Definitions, Among Other Things, In Order To Give A Better Chance For Applicants To Be Considered For Employment Prior To The Stage In The Application Process When Background Checks Are Conducted.
summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
06/02/2016
06/02/2016
Introduced Session
121st General Assembly
Bill Summary
Provide That No Job Application May Include Questions Related To Convictions Of A Crime, Unless The Crime For Which He Was Convicted Directly Relates To The Position Of Employment Sought Or The Occupation For Which The License Is Sought, To Provide A Related Policy Statement, And To Provide Necessary Definitions, Among Other Things, In Order To Give A Better Chance For Applicants To Be Considered For Employment Prior To The Stage In The Application Process When Background Checks Are Conducted.
AI Summary
This bill, known as the "Ban the Box Act," aims to give individuals with criminal convictions a better chance at employment by preventing employers from asking about criminal history until later in the hiring process, specifically after an interview or a conditional offer of employment. It defines "conviction of crime or crimes" to include felonies, gross misdemeanors, and misdemeanors where jail time is possible, and clarifies terms like "hiring or licensing authority" and "license." The act prohibits disqualifying someone from public employment or a required license solely based on a past conviction unless the crime directly relates to the job or occupation, requiring authorities to consider the nature of the crime, its relation to the job's purpose, and the individual's ability to perform the duties. It also outlines how individuals can demonstrate rehabilitation and present fitness, and specifies that certain records, like arrests without conviction or expunged convictions, cannot be used. If an employer denies employment or a license due to a conviction, they must provide written reasons and information about reapplication and grievance procedures, with penalties outlined for violations by private employers. The act also states that it supersedes other laws regarding licenses and public employment based on criminal convictions, though it exempts the practice of law and judicial branch employment.
Committee Categories
Justice
Sponsors (5)
Last Action
Referred to Committee on Judiciary (on 01/20/2015)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.scstatehouse.gov/billsearch.php?billnumbers=3346&session=121&summary=B |
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=3346&session=121&summary=B |
| BillText | http://www.scstatehouse.gov/sess121_2015-2016/prever/3346_20150120.htm |
| BillText | https://www.scstatehouse.gov/sess121_2015-2016/prever/3346_20150120.htm |
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