| 11 | | - | (a) For the purposes of this section, "employer" means any person engaged in business who has one or more employees, including the state or any political subdivision of the state. |
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| 18 | + | (a) Except as provided in subsection (c) of this section, subsection (b) of section 46a-81 and section 36a-489, and notwithstanding any other provisions of state law to the contrary, [a] no employer, as defined in subdivision (10) of section 46a-51, shall disqualify any person [shall not be disqualified] from employment, [by the state or any of its agencies,] nor shall a person be disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or business for which a license, permit, certificate or registration is required to be issued by the state or any of its agencies solely because of a prior conviction of a crime. |
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| 15 | | - | [(b)] (c) No employer or employer's agent, representative or designee may require an employee or prospective employee to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a. |
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| 22 | + | (c) A person may be denied employment [by the state or any of its agencies,] by an employer or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, profession or business by the state or any of its agencies by reason of the prior conviction of a crime if, after considering (1) the nature of the crime and its relationship to the job for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the employer, state or any of its agencies determines that the applicant is not suitable for the position of employment sought or the specific occupation, trade, vocation, profession or business for which the license, permit, certificate or registration is sought. In making a determination under this subsection, the employer, state or any of its agencies shall give consideration to a provisional pardon issued pursuant to section 54-130e, or a certificate of rehabilitation issued pursuant to section 54-108f or 54-130e, and such provisional pardon or certificate of rehabilitation shall establish a presumption that such applicant has been rehabilitated. If an application is denied based on a conviction for which the applicant has received a provisional pardon or certificate of rehabilitation, the employer, state or any of its agencies, as the case may be, shall provide a written statement to the applicant of its reasons for such denial. |
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| 17 | | - | [(c)] (d) An employment application form that contains any question concerning the criminal history of the applicant shall contain a notice, in clear and conspicuous language: (1) That the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a, (2) that criminal records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon, and (3) that any person whose criminal records have been erased pursuant to section 46b-146, 54-76o or 54-142a shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath. |
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| 24 | + | (d) If a conviction of a crime is used as a basis for rejection of an applicant, such rejection shall be in writing and specifically state the evidence presented and reasons for rejection. A copy of such rejection shall be sent by registered or electronic mail to the applicant. |
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| 19 | | - | [(d)] (e) No employer or employer's agent, representative or designee shall deny employment to a prospective employee solely on the basis that the prospective employee had a prior arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a or that the prospective employee had a prior conviction for which the prospective employee has received a provisional pardon or certificate of rehabilitation pursuant to section 54-130a, or a certificate of rehabilitation pursuant to section 54-108f. |
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| 26 | + | (e) In no case may records of arrest, which are not followed by a conviction, or records of convictions, which have been erased, be used, distributed or disseminated by an employer, the state or any of its agencies in connection with an application for employment or for a permit, license, certificate or registration. |
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| 33 | | - | [(h)] (i) (1) For the purposes of this subsection: (A) "Consumer reporting agency" means any person who regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a fee, which reports compile and report items of information on consumers that are matters of public record and are likely to have an adverse effect on a consumer's ability to obtain employment, but does not include any public agency; (B) "consumer report" means any written, oral or other communication of information bearing on an individual's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living; and (C) "criminal matters of public record" means information obtained from the Judicial Department relating to arrests, indictments, convictions, outstanding judgments, and any other conviction information, as defined in section 54-142g. |
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| 38 | + | October 1, 2016 |
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| 45 | | - | Sec. 2. Subsection (a) of section 54-142e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 46 | | - | |
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| 47 | | - | (a) Notwithstanding the provisions of subsection (e) of section 54-142a and section 54-142c, with respect to any person, including, but not limited to, a consumer reporting agency as defined in subsection [(h)] (i) of section 31-51i, as amended by this act, that purchases criminal matters of public record, as defined in said subsection (h), from the Judicial Department, the department shall make available to such person information concerning such criminal matters of public record that have been erased pursuant to section 54-142a. Such information may include docket numbers or other information that permits the person to identify and permanently delete records that have been erased pursuant to section 54-142a. |
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| 48 | | - | |
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| 49 | | - | Sec. 3. (Effective from passage) (a) There is established a fair chance employment task force to study issues, including, but not limited to, the employment opportunities available to individuals with criminal histories. |
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| 50 | | - | |
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| 51 | | - | (b) The task force shall consist of the following members: |
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| 52 | | - | |
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| 53 | | - | (1) One appointed by the speaker of the House of Representatives; |
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| 54 | | - | |
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| 55 | | - | (2) One appointed by the president pro tempore of the Senate; |
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| 56 | | - | |
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| 57 | | - | (3) One appointed by the majority leader of the House of Representatives; |
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| 58 | | - | |
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| 59 | | - | (4) One appointed by the majority leader of the Senate; |
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| 60 | | - | |
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| 61 | | - | (5) One appointed by the minority leader of the House of Representatives; |
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| 62 | | - | |
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| 63 | | - | (6) One appointed by the minority leader of the Senate; and |
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| 64 | | - | |
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| 65 | | - | (7) The executive director of the African-American Affairs Commission, or the executive director's designee. |
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| 66 | | - | |
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| 67 | | - | (c) Any member of the task force appointed under subdivisions (1) to (7), inclusive, of subsection (b) of this section may be a member of the General Assembly. |
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| 68 | | - | |
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| 69 | | - | (d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority. |
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| 70 | | - | |
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| 71 | | - | (e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select two chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section. |
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| 72 | | - | |
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| 73 | | - | (f) The administrative staff of the African-American Affairs Commission shall serve as administrative staff of the task force. |
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| 74 | | - | |
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| 75 | | - | (g) Not later than January 1, 2017, and the January first thereafter, the task force shall submit a report on its findings and offer recommendations for any administrative or legislative action necessary to address such findings to the joint standing committees of the General Assembly having cognizance of matters relating to labor and the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits its final report or January 1, 2018, whichever is later. |
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| 48 | + | Joint Favorable Subst. |
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