PRIOR PRINTER'S NO. 1477
PRINTER'S NO. 1821
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1043
Session of
2018
INTRODUCED BY GREENLEAF, LEACH, EICHELBERGER, SCAVELLO,
BARTOLOTTA, LANGERHOLC, FARNESE, HAYWOOD, WHITE, HUGHES AND
STREET, FEBRUARY 9, 2018
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 5, 2018
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:
ยง 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] the
criminal history record information file of an employment
applicant or an employee, it may use that information for the
purpose of deciding whether or not to [hire the applicant] begin
or continue employment, only in accordance with this section.
(b) Use of information.--Felony and misdemeanor convictions
may be considered by the employer only to the extent to which
they relate to [the applicant's] suitability for employment in
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the position [for which he has] applied for or held.
(B) USE OF INFORMATION.--AN EMPLOYER MAY USE CRIMINAL
HISTORY RECORD INFORMATION RELATING TO AN EMPLOYMENT APPLICANT
OR AN EMPLOYEE AS FOLLOWS:
(1) FELONY AND MISDEMEANOR CONVICTIONS OCCURRING BEFORE
THE START OF EMPLOYMENT MAY BE CONSIDERED BY THE EMPLOYER
ONLY TO THE EXTENT TO WHICH THEY RELATE TO [THE APPLICANT'S]
SUITABILITY FOR EMPLOYMENT IN THE POSITION [FOR WHICH HE HAS]
APPLIED FOR OR HELD.
(2) NOTHING IN THIS SECTION SHALL INHIBIT THE ABILITY OF
AN EMPLOYER TO CONSIDER FELONY AND MISDEMEANOR CONVICTIONS
OCCURRING AFTER THE START OF EMPLOYMENT AS THE BASIS FOR AN
ADVERSE EMPLOYMENT ACTION FOR A PERIOD OF TWO YEARS FOLLOWING
THE EMPLOYER'S KNOWLEDGE OF THE CONVICTION WITHOUT REGARD TO
THE EMPLOYEE'S SUITABILITY FOR THE EMPLOYMENT POSITION.
NOTHING IN THIS SECTION SHALL INHIBIT THE ABILITY OF AN
EMPLOYER TO SUSPEND THE EMPLOYMENT OF AN EMPLOYEE WHO IS
CHARGED WITH A FELONY OR MISDEMEANOR OFFENSE UNTIL THE
RESOLUTION OF THE CHARGE.
(3) NOTHING IN THIS SECTION SHALL INHIBIT THE ABILITY OF
AN EMPLOYER, AT ANY TIME AND WITHOUT REGARD FOR THE
APPLICANT'S OR EMPLOYEE'S SUITABILITY FOR EMPLOYMENT, TO TAKE
AN ADVERSE EMPLOYMENT ACTION AGAINST AN EMPLOYMENT APPLICANT
OR EMPLOYEE WHO FAILED TO ACCURATELY AND FULLY DISCLOSE
CRIMINAL HISTORY RECORD INFORMATION THAT WAS LAWFULLY
REQUESTED BY THE EMPLOYER.
(4) SUITABILITY FOR EMPLOYMENT MAY BE DETERMINED BY
EXAMINING SUCH FACTORS AS:
(I) THE NATURE OF THE OFFENSE.
(II) CIRCUMSTANCES SURROUNDING THE OFFENSE.
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(III) TIME ELAPSED SINCE THE OFFENSE.
(IV) EVIDENCE OF THE INDIVIDUAL'S REHABILITATION.
(V) THE NATURE AND REQUIREMENTS OF THE EMPLOYMENT
POSITION.
(c) Notice.--
(1) The employer shall notify in writing the applicant
if the decision not to hire the applicant is based in whole
or in part on criminal history record information.
(2) The employer shall notify in writing the employee if
an adverse employment decision is based in whole or in part
on criminal history record information.
Section 2. This act shall take effect in 30 days.
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