Public employment; inquiries by state agencies and localities regarding criminal convictions. (SB335)

Introduced By

Sen. Roz Dance (D-Petersburg) with support from 13 copatrons, whose average partisan position is:

Those copatrons are Del. Betsy Carr (D-Richmond), Del. Steve Heretick (D-Portsmouth), Del. Joe Lindsey (D-Norfolk), Del. Delores McQuinn (D-Richmond), Del. Marcus Simon (D-Falls Church), Del. Roslyn Tyler (D-Jarratt), Sen. Lashrecse D. Aird (D-Petersburg), Sen. Lamont Bagby (D-Richmond), Sen. Adam Ebbin (D-Alexandria), Sen. Barbara Favola (D-Arlington), Sen. Janet Howell (D-Reston), Sen. Dick Saslaw (D-Springfield), Sen. Jennifer Wexton (D-Leesburg)

Progress

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

Description

Public employment; inquiries by state agencies and localities regarding criminal convictions, charges, and arrests. 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inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if the prospective employee has a conviction record that directly relates to the duties and responsibilities of the position.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inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if (i) the prospective employee's criminal arrest or charge resulted in the prospective employee's conviction of a crime and (ii) the crime of which he was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 directly relates to the duties and responsibilities of the position. The prohibition does not apply to applications for employment with law-enforcement agencies or certain positions designated as sensitive or in instances where a state agency is expressly permitted to inquire into an individual's criminal history for employment purposes pursuant to any provision of federal or state law. The bill also authorizes localities to prohibit such inquiries. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/08/2016Prefiled and ordered printed; offered 01/13/16 16103809D
01/08/2016Referred to Committee on General Laws and Technology
01/18/2016Reported from General Laws and Technology (9-Y 6-N) (see vote tally)
01/20/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/21/2016Read second time and engrossed
01/25/2016Read third time and passed Senate (23-Y 15-N) (see vote tally)
01/25/2016Impact statement from DPB (SB335)
02/03/2016Placed on Calendar
02/03/2016Read first time
02/03/2016Referred to Committee on Commerce and Labor
02/23/2016Tabled in Commerce and Labor

Comments

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

The ACLU of Virginia strongly supports this bill. The ACLU of Virginia strongly supports this bill. This bill would ensure the Commonwealth is not required to hire Virginians whose criminal conviction is related to the job, help make our communities safer, ensure a fair opportunity for Virginians seeking a second chance, and better protect state agencies from discrimination claims.