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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SENATE BILL 1437 |
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AN ACT
amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206; 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; criminal history; exception; applicability; definition
A. Unless required by federal 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 during or after an interview by the employer or, if there is no interview, until 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 seven most recent consecutive years preceding the date the employer considers a certain criminal conviction would directly relate to the employment position.
B. Subsection A of this section does not apply to:
1. Employment positions that require a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 or to any employment position at a public airport.
2. a position requiring an applicant to submit fingerprints in order to access state and federal criminal records information for noncriminal justice purposes.
3. employment positions within a law enforcement, probation, prosecutor agency, emergency medical services transport or employment as a certified court security officer or fire fighter.
c. this section does not apply to an employer with fewer than fifteen employees.
d. for the purposes of this section, "interview" means any verbal interaction between an applicant and an employer or the employer's representative relating to the employment position or the duties of the position.
Sec. 2. Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read:
41-755. Hiring practices; criminal history; exception; definition
A. Unless required by federal 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 during or after an interview by the employer or, if there is no interview, until 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 seven most recent consecutive years preceding the date the employer considers a certain criminal conviction would directly relate to the employment position.
B. Subsection A of this section does not apply to:
1. Employment positions that require a valid fingerprint clearance card pursuant to chapter 12, article 3.1 of this title.
2. a position requiring an applicant to submit fingerprints in order to access state and federal criminal records information for noncriminal justice purposes.
3. employment positions within a law enforcement, probation, prosecutor agency, emergency medical services transport or employment as a certified court security officer or fire fighter.
c. for the purposes of this section, "interview" means any verbal interaction between an applicant and an employer or the employer's representative relating to the employment position or the duties of the position.