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Bill > H3193


SC H3193

SC H3193
Trump Criminal Background Records Check Ban Act


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Enacting The "trump Criminal Background Records Check Ban Act"; And By Adding Section 41-1-35 So As To Encourage And Contribute To The Rehabilitation Of Criminal Offenders And To Assist Them In The Resumption Of The Responsibilities Of Citizenship By Providing That No Person May Be Disqualified From Public Employment, Nor May A Person Be Disqualified From Pursuing, Practicing, Or Engaging In Any Occupation For Which A License Is Required Solely Or In Part Because Of A Prior Conviction 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, And To Provide Related Definitions, Exceptions, Policies, And Procedures.

AI Summary

This bill, called the Trump Criminal Background Records Check Ban Act, aims to support the rehabilitation of criminal offenders by limiting how employers can use criminal history in hiring decisions. The bill establishes that employers cannot inquire about an applicant's criminal record until after an initial interview or conditional job offer, with exceptions for certain sensitive positions like corrections and financial institutions. Critically, the legislation prohibits automatically disqualifying someone from public employment or professional licensing solely based on a prior criminal conviction, unless the crime directly relates to the specific job or license sought. When evaluating a potentially disqualifying conviction, employers must consider factors like the nature of the crime, its relevance to the job, and evidence of the individual's rehabilitation, such as completion of probation, military service, or time elapsed since the conviction. The bill also restricts the use of certain criminal records, including arrests without convictions and expunged convictions. If an employer denies employment based on a criminal record, they must provide a written explanation and inform the applicant of their rights to appeal. The law is designed to give people with criminal backgrounds a fair chance at employment while still maintaining safeguards for positions with specific safety or security requirements.

Committee Categories

Justice

Sponsors (2)

Last Action

Referred to Committee on Judiciary (on 01/14/2025)

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