REFERENCE TITLE: criminal conviction record; disclosure; limitations State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1507 Introduced by Senators Quezada: Tern; Representatives Andrade, Hernandez M AN ACT amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-207; 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)
REFERENCE TITLE: criminal conviction record; disclosure; limitations
State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
SB 1507
Introduced by Senators Quezada: Tern; Representatives Andrade, Hernandez M
REFERENCE TITLE: criminal conviction record; disclosure; limitations
State of Arizona
Senate
Fifty-fifth Legislature
Second Regular Session
2022
SB 1507
Introduced by
Senators Quezada: Tern; Representatives Andrade, Hernandez M
AN ACT
amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-207; 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 23-207, to read: START_STATUTE23-207. Hiring practices; criminal conviction record; disclosure prohibited; exceptions; 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, after the applicant receives 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 seven years from the date of conviction or seven years from release from incarceration, whichever is later. B. Subsection A of this section does not apply to any of the following: 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 to access state and federal criminal records information for noncriminal justice purposes. 3. employment positions within a law enforcement, probation or prosecuting agency, emergency medical services transport employment positions or employment as a certified court security officer or firefighter. 4. Enforcing title 20, chapter 2, article 13 relating to the violent crime control and law enforcement act. 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. END_STATUTE Sec. 2. Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read: START_STATUTE41-755. Hiring practices; criminal conviction record; disclosure prohibited; exceptions; applicability; 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, after the applicant receives 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 seven years from the date of conviction or seven years from release from incarceration, whichever is later. B. Subsection A of this section does not apply to any of the following: 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 to access state and federal criminal records information for noncriminal justice purposes. 3. employment positions within a law enforcement, probation or prosecuting agency, emergency medical services transport employment positions or employment as a certified court security officer or firefighter. 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. END_STATUTE
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 23-207, to read:
START_STATUTE23-207. Hiring practices; criminal conviction record; disclosure prohibited; exceptions; 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, after the applicant receives 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 seven years from the date of conviction or seven years from release from incarceration, whichever is later.
B. Subsection A of this section does not apply to any of the following:
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 to access state and federal criminal records information for noncriminal justice purposes.
3. employment positions within a law enforcement, probation or prosecuting agency, emergency medical services transport employment positions or employment as a certified court security officer or firefighter.
4. Enforcing title 20, chapter 2, article 13 relating to the violent crime control and law enforcement act.
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. END_STATUTE
Sec. 2. Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read:
START_STATUTE41-755. Hiring practices; criminal conviction record; disclosure prohibited; exceptions; applicability; 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, after the applicant receives 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 seven years from the date of conviction or seven years from release from incarceration, whichever is later.
B. Subsection A of this section does not apply to any of the following:
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 to access state and federal criminal records information for noncriminal justice purposes.
3. employment positions within a law enforcement, probation or prosecuting agency, emergency medical services transport employment positions or employment as a certified court security officer or firefighter.
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. END_STATUTE