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IN HB1031
Bill
Status
1/3/2019
Primary Sponsor
Earl Harris
Click for details
AI Summary
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Creates a certificate of employability that persons convicted of misdemeanors and felonies can petition for to assist with obtaining employment or occupational licensing
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Waiting periods before filing vary by offense severity: 6 months for misdemeanors, 1 year for Class D/Level 6 felonies, 3 years (or 1 year post-sentence) for more serious felonies, and 6 years (or 2 years post-sentence) for the most serious felonies
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Courts must issue certificates to eligible misdemeanor and Class D/Level 6 felony offenders who meet requirements; courts have discretion for more serious felonies
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Sex offenders, violent offenders, and those convicted of homicide, human trafficking, or sex crimes are ineligible, as are persons with two or more separate felonies involving deadly weapons
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Employers who hire certificate holders receive immunity from negligent hiring claims based on the employee's criminal conviction, provided the employer knew of the certificate at the time of hiring
Legislative Description
Certificate of employability. Creates a certificate of employability for persons convicted of misdemeanors and certain felonies. Provides that a court shall issue a certificate of employability to persons convicted of misdemeanors and Class D or Level 6 felonies under certain circumstances, and that a court may issue a certificate of employability to persons convicted of certain more serious felonies. Establishes a procedure to petition for a certificate of employability and requires payment of the civil filing fee to petition for a certificate of employability. Provides that a petition for a certificate of employability may be filed not earlier than: (1) six months after the date of conviction, in the case of a misdemeanor; (2) one year after the date of conviction, in the case of Class D or Level 6 felonies; (3) three years after the date of conviction or one year after the date the sentence is completed, in the case of more serious felonies; and (4) six years after the date of conviction or two years after the date the sentence is completed, in the case of the most serious felonies. Prohibits the granting of a certificate of employability to sex and violent offenders and persons convicted of specified serious crimes. Provides immunity to employers in negligent hiring cases who hire persons with a certificate of employability under certain circumstances.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/3/2019