Bill > A3466

Introduced Session

This bill addresses various concerns associated with difficulties in obtaining and maintaining employment following a person's release from prison. Under the bill, a person whose driver's license has been suspended for certain motor vehicle violations would be allowed to apply for a restricted use driver's license. This license is to be used exclusively for driving to and from the licensee's place of employment or education, traveling to and from medical appointments, or driving the licensee's child to and from school or a child care facility while in the course of driving to and from the licensee's place of employment or education. The bill places restrictions on these licenses and requires certain identifying characteristics on the licenses and any vehicle operated by a person with a license. This provision is intended to mitigate the adverse effects that suspension of driving privileges has on certain persons who need to drive motor vehicles to maintain their employment or continue their education. The bill also gives discretion to the Chief Administrator of the Motor Vehicle Commission in deciding whether a person's license should be suspended for an out-of-state drug conviction. Under current law, the chief administrator is required to suspend the license of an adult or juvenile who has been convicted of a drug offense in a federal or other state court for six months to two years. Under the bill, the chief administrator is not required to suspend a person's license if the administrator finds there are "compelling circumstances warranting an exception." Compelling circumstances warrant an exception if the driver's license suspension will result in extreme hardship and alternative means of transportation are not available. In addition, the bill would allow a potential employee to affirmatively demonstrate rehabilitation when seeking employment at an airport. It also specifies that an alcoholic beverage licensee may only use the results of a criminal history record background check as a factor in determining whether a person is qualified to be employed in the establishment. It is the sponsor's intent to maintain public safety by preserving the statutory requirement that these potential employees undergo a criminal history background check, while allowing employers to independently determine whether a prior conviction would have any effect on future job performance. The bill also would prohibit State, county or municipal employers from requiring a person to disclose criminal convictions on an application for employment. The bill would prohibit the employer from inquiring about convictions for crimes under New Jersey law or substantially similar offenses under federal law or the laws of other states. Under the bill, a person would not be exempted from undergoing a criminal history record background check required by law. Finally, this bill would prohibit all public and private employers from discriminating against ex-convicts and provide for the Commission on Civil Rights to enforce the provisions of this bill. Public and private employers would be prohibited from denying a person a license or employment because the person has previously been convicted of a criminal offense or because the person has been determined to lack "good moral character" based on a previous conviction. The bill applies to current, as well as prospective, employees. Employers would not be subject to this prohibition if: (1) there is a direct relationship between a previous criminal offense and the specific license or employment sought; or (2) issuing the license or hiring the person would involve an unreasonable risk to property or to the safety or welfare of specific persons or the general public. Employers are required to consider the following factors to determine if either of these exceptions apply: (1) that this State's policy is to encourage licensing and employing persons previously convicted of one or more criminal offenses; (2) the specific duties and responsibilities related to the license or employment sought; (3) the bearing, if any, the criminal offense will have on the person's fitness or ability to perform the required duties or responsibilities; (4) how much time has elapsed since the offense was committed; (5) the person's age when the offense was committed; (6) the seriousness of the offense; (7) information provided by the person showing rehabilitation and good conduct; and (8) the legitimate interest of the public agency or private employer in protecting property and the safety and welfare of specific individuals or general public. Under the bill, the issuance of a certificate of rehabilitation to a person creates a presumption of rehabilitation in regard to the offenses to which the certificate applies. An employer is required to consider the certificate in determining whether either of the exceptions apply. The rights of employers with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee are not affected by the provisions of the bill.

AI Summary

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Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/25/2020)