Employment applications; inquiries regarding criminal arrests, charges, or convictions. (SB250)

Introduced By

Sen. Don McEachin (D-Richmond) with support from co-patron Del. Rob Krupicka (D-Alexandria)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Employment applications; inquiries regarding criminal arrests, charges, or convictions. Prohibits state agencies from including on any employment application a question inquiring whether the prospective employee has ever been arrested or charged with, or convicted of, any crime, subject to certain exceptions. A prospective employee may not be asked if he has ever been convicted of any crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position. A prospective employee may not be asked if he has ever been arrested or charged with a crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if (i) the prospective employee's criminal arrest or charge resulted in the prospective employee's conviction of a crime and (ii) the crime of which he was convicted bears a rational relationship to the duties and responsibilities of the position. Localities are authorized to prohibit such inquiries. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/03/2014Prefiled and ordered printed; offered 01/08/14 14102071D
01/03/2014Referred to Committee on General Laws and Technology
02/03/2014Reported from General Laws and Technology with amendment (11-Y 4-N)
02/05/2014Constitutional reading dispensed (40-Y 0-N)
02/06/2014Read second time
02/06/2014Reading of amendment waived
02/06/2014Committee amendment agreed to
02/06/2014Engrossed by Senate as amended SB250E
02/06/2014Printed as engrossed 14102071D-E
02/07/2014Read third time and passed Senate (21-Y 19-N)
02/07/2014Impact statement from DPB (SB250E)
02/12/2014Placed on Calendar
02/12/2014Read first time
02/12/2014Referred to Committee on General Laws
02/18/2014Referred from General Laws
02/18/2014Referred to Committee for Courts of Justice
02/20/2014Assigned Courts sub: Criminal Law
02/26/2014Subcommittee recommends laying on the table
03/04/2014Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 21 minutes.

Comments

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly supports this bill because it protects employers and give people a second chance to make an honest living. SB 250 prohibits state agencies from including on any employment application a question inquiring whether the prospective employee has ever been arrested or charged with, or convicted of, any crime, subject to certain exceptions. After an employment offer is made, the state agency may ask if the prospective employee has been convicted of a specific crime or type of crime that bears a rational relationship to the duties and responsibilities of the position. SB 250 is a win, win! It protects state agencies and ensures that Virginians are judged on their merit, and not their mistakes.

Keith Wm. DeBlasio writes:

Please help us with support to "Ban the Box" in Virginia! Take Action Now! http://org2.salsalabs.com/o/6220/c/1529/p/dia/action3/common/public/index.sjs?action_KEY=16312 We have a coalition who will be contacting legislators in the House to get SB 250 to its final passage!! We also want to thank Senator Jill Vogel from Winchester who stood as the lone Republican to pass this bill in the Senate on a vote of 21 Y to 19 N. Senator Vogel spoke on the Floor of her most loyal and devoted employees being those who had been formerly convicted. Many Senators stood in support and Senator McEachin was a powerful patron as always!