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REFERENCE TITLE: criminal history; required disclosure; limitations |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1344 |
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Introduced by Senators Quezada: Contreras, Dalessandro, Farley, Hobbs, Mendez, Meza, Miranda, Peshlakai
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AN ACT
amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206; amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1319.01; amending title 41, chapter 4, article 4, Arizona Revised Statutes, by adding section 41-755; relating to criminal history.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-206, to read:
23-206. Hiring practices; discrimination; criminal history; exception
A. Notwithstanding any other law, an employer may not inquire about, consider or require disclosure of the criminal conviction record of an applicant for employment during the hiring process unless all of the following conditions apply:
1. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record takes place only after the applicant has received a conditional offer of employment from the employer.
2. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record is for only the period of the five most recent consecutive years preceding the date that the conditional offer of employment is made to the applicant.
3. The criminal conviction record has a direct relationship to the employment position.
B. Subsection A of this section does not apply to employment positions that require a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 2. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1319.01, to read:
33-1319.01. Leasing practices; discrimination; criminal history
Notwithstanding any other law, a landlord may not inquire about, consider or require disclosure of the criminal conviction record of an applicant for tenancy during the leasing process unless all of the following conditions apply:
1. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record takes place only after the applicant has received a conditional offer of tenancy from the landlord.
2. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record is for only the period of the five most recent consecutive years preceding the date that the conditional offer of tenancy is made to the applicant.
3. The criminal conviction record has a direct relationship to the tenancy.
Sec. 3. Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read:
41-755. Hiring practices; discrimination; criminal history; exception
A. Notwithstanding any other law, a state agency may not inquire about, consider or require disclosure of the criminal conviction record of an applicant for employment during the hiring process unless all of the following conditions apply:
1. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record takes place only after the applicant has received a conditional offer of employment from the state agency.
2. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal conviction record is for only the period of the five most recent consecutive years preceding the date that the conditional offer of employment is made to the applicant.
3. The criminal conviction record has a direct relationship to the employment position.
B. Subsection A of this section does not apply to employment positions that require a valid fingerprint clearance card pursuant to chapter 12, article 3.1 of this title.