Bill Summaries: H425 (2013-2014 Session)

  • Summary date: Mar 26 2013 - View summary

    Amends GS Chapter 126 by creating new Article 17 (Fair Assessment of Persons with Criminal Histories). Creates new GS 126-100 (Definitions), providing the definitions  and terms to be used in this Article, including criminal history, hiring authority, and public employment.

    Creates new GS 126-101 (Consideration of applicant criminal history), providing that a hiring authority cannot inquire into or consider the criminal history of an applicant for public employment, or include such inquiry on an initial employment application form, until a conditional offer of employment has been made to the applicant. These requirements are not applicable where it is required by law to consider criminal records.

    Creates new GS 126-102 (Criteria for disqualification), providing that, except as required by law, no person can be disqualified from public employment solely or in part because of a prior conviction, unless the conviction is substantially related to the qualifications, functions, and duties of the position after considering seven different factors, including the level and seriousness of the crimes, the date of the crime, and the age of the person at the time of the conviction. Arrests not resulting in conviction may not be the basis for disqualification from public employment.

    Creates new GS 126-103 (Data collection), providing that the Office of State Personnel will collect certain information and data to ensure implementation and  compliance with this article.

    Creates new GS 126-104 (Applicability), providing that the foregoing provisions apply to all applicants for public employment.

    Amends GS 126-5, by adding a new subdivision stating that notwithstanding other provisions of law, Article 17  applies to all applicants for employment with the state of North Carolina or any local political subdivision of the state.