PRINTER'S NO. 972
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
774
Session of
2015
INTRODUCED BY KITCHEN, SCHWANK, HAYWOOD, COSTA AND WILLIAMS,
MAY 29, 2015
REFERRED TO JUDICIARY, MAY 29, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for use of records for
employment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9125 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 9125. Use of records for employment.
(a) General rule.--Whenever an employer is in receipt of
information which is part of an employment applicant's or
employee's criminal history record information file, it may use
that information for the purpose of deciding whether or not to
hire the applicant or to retain the employee, only in accordance
with this section. This subsection shall not apply to law
enforcement.
(b) Use of information.--Felony and misdemeanor convictions
of an employment applicant or employee may only be considered by
the employer only to the extent [to which they relate to the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
applicant's suitability for employment in the position for which
he has applied.] that:
(1) There is a direct relationship between one or more
prior criminal convictions and the specific employment
sought.
(2) An offer of employment would involve an unreasonable
risk to property or to the safety or welfare of specific
individuals or the general public.
(c) Factors for consideration.--In determining whether or
not to deny employment to an employment applicant with criminal
history record information, the employer shall consider the
following factors:
(1) The bearing of the underlying criminal offense upon
the individual's fitness or ability to perform the
individual's job duties or responsibilities.
(2) The specific duties and responsibilities of the
employment sought or held by the individual.
(3) The time which has elapsed since the occurrence of
the criminal offense or offenses.
(4) The age of the individual at the time of the
offense.
(5) The seriousness of the offense.
(6) Any information produced in regard to the
individual's rehabilitation and good conduct.
(7) The employer's legitimate interest in protecting the
safety and welfare of specific individuals or the general
public.
(c.1) Exception.--Subsection (b) shall not include crimes of
violence as defined under 42 Pa.C.S. § 9714(g) (relating to
sentences for second and subsequent offenses).
20150SB0774PN0972 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[(c)] (d) Notice.--The employer shall notify in writing,
within 60 days of receipt of the employment application, the
applicant or employee if the decision not to hire the applicant
or to retain the employee is based in whole or in part on
criminal history record information.
(e) Good faith presumption.--In a case alleging that an
employer has been negligent in hiring an applicant, retaining an
employee or supervising a hiring manager, there shall be a
rebuttable presumption in favor of excluding from evidence the
prior incarceration or conviction of the applicant or employee
if, after learning about an applicant's or employee's past
criminal conviction history, the employer has evaluated the
factors enumerated in subsection (c) and made a reasonable, good
faith determination that the factors militate in favor of hiring
the applicant or retaining the employee.
(f) Applicability.--This section shall only apply to an
employee during the first 60-day time period from the date the
employment application is received by the employer.
Section 2. This act shall take effect in 60 days.
20150SB0774PN0972 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19