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General Assembly Raised Bill No. 5389
February Session, 2020
LCO No. 2038
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING CO LLATERAL CONSEQUENCE S OF A
CRIMINAL RECORD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-79 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2020): 2
The General Assembly finds that the public is best protected when 3
[criminal offenders] persons who have been arrested or convicted of 4
crimes are rehabilitated and returned to society prepared to take their 5
places as productive citizens and that the ability of [returned offenders] 6
such persons to find meaningful employment, housing and higher 7
education and to freely access public accommodations, credit and 8
insurance products, is directly related to their normal functioning in the 9
community. The General Assembly also finds that African Americans 10
and Hispanics are arrested and incarcerated at rates disproportionate to 11
their representation in the general population and that discrimination 12
in employment, housing and higher education and access to public 13
accommodations, credit and insurance products on the basis of criminal 14
history record information has a disparate impact based on race and 15 Raised Bill No. 5389
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national origin. It is therefore the policy of this state to [encourage] 16
prohibit all employers, [to give favorable consideration to providing 17
jobs to qualified individuals, including those who may have criminal 18
conviction records] landlords, institutions of higher education, places of 19
public accommodation, creditors and insurers from discriminating on 20
the basis of criminal history record information, except as otherwise 21
provided in sections 46a-80, as amended by this act, 46a-81, as amended 22
by this act, 8-265c, as amended by this act, 8-315, as amended by this act, 23
10a-6, as amended by this act, 38a-58, as amended by this act, 38a-447, 24
as amended by this act, 46a-74, as amended by this act, and 46a-51, as 25
amended by this act, and sections 2, 5, 6, 9, 10, 12, 13, 16, 17 and 19 of 26
this act. 27
Sec. 2. (NEW) (Effective October 1, 2020) For purposes of this section 28
and sections 8-265c, 8-315, 10a-6, 38a-358, 38a-447, 46a-74 and 46a-79 of 29
the general statutes, as amended by this act: 30
(1) "Commission" means the Commission on Human Rights and 31
Opportunities created by section 46a-52 of the general statutes; 32
(2) "Criminal history record information" means court records and 33
information obtained from the Judicial Department relating to arrests, 34
releases, detentions, indictments, informations, other formal criminal 35
charges or any events and outcomes arising from such arrests, releases, 36
detentions, including pleas, trials, convictions, sentences, appeals, 37
incarcerations, correctional supervision, paroles and releases, 38
outstanding judgments and any other conviction information, as 39
defined in subsection (c) of section 54-142g of the general statutes; 40
(3) "Employer" means any person or employer with three or more 41
persons in such person's or employer's employ and includes the state 42
and all political subdivisions thereof; and 43
(4) "Place of public accommodation" means any establishment that 44
caters or offers its services or facilities or goods to the general public, 45
including, but not limited to, any commercial property or building lot 46
on which it is intended that a commercial building will be constructed 47 Raised Bill No. 5389
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or offered for sale or rent. 48
Sec. 3. Section 46a-80 of the general statutes is repealed and the 49
following is substituted in lieu thereof (Effective October 1, 2020): 50
(a) Except as provided in subsection (c) of this section, subsection (b) 51
of section 46a-81, as amended by this act, and section 36a-489, and 52
notwithstanding any other provisions of law to the contrary, a person 53
shall not be disqualified from employment [by the state or any of its 54
agencies] or discriminated against in terms, conditions or privileges of 55
employment by an employer, acting directly or through an agent, nor 56
shall a person be disqualified to practice, pursue or engage in any 57
occupation, trade, vocation, profession or business for which a license, 58
permit, certificate or registration is required to be issued by the state or 59
any of its agencies solely because of [a prior conviction of a crime] such 60
person's criminal history record information. 61
(b) Except for a position for which any provision of the general 62
statutes specifically disqualifies a person from employment by the state 63
or any of its agencies because of [a prior conviction of a crime, no 64
employer, as defined in section 5-270, shall] such person's criminal 65
history record information, no employer, shall inquire about a 66
prospective employee's past convictions until such prospective 67
employee has been deemed otherwise qualified for the position deny 68
employment to such person based on such criminal history record 69
information. 70
(c) [A person may be denied employment by the state or any of its 71
agencies, or a person may be denied] No employer shall deny a person 72
employment nor shall the state deny a person a license, permit, 73
certificate or registration to pursue, practice or engage in an occupation, 74
trade, vocation, profession or business by reason of the [prior conviction 75
of a crime if, after considering (1) the] person's criminal history record 76
information, unless, after conducting an individualized assessment that 77
includes: (1) The nature of the crime and its relationship to the job, 78
license, permit, certificate or registration for which the person has 79 Raised Bill No. 5389
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applied; (2) information pertaining to the degree of rehabilitation of the 80
[convicted] person with criminal history record information; and (3) the 81
time elapsed since the [conviction or release] acts underlying the 82
criminal history record information, the state or any of its agencies or 83
the employer, as the case may be, determines that the [applicant is not 84
suitable for the position of employment sought or the specific 85
occupation, trade, vocation, profession or business for which the license, 86
permit, certificate or registration is sought] denial is consistent with 87
business necessity. In making a determination under this subsection, the 88
state or any of its agencies or the employer shall give consideration to a 89
provisional pardon issued pursuant to section 54-130e, or a certificate of 90
rehabilitation issued pursuant to section 54-108f or 54-130e, and such 91
provisional pardon or certificate of rehabilitation shall establish a 92
presumption that such applicant has been rehabilitated. If an 93
application is denied based on a [conviction] criminal history record 94
information for which the applicant has received a provisional pardon 95
or certificate of rehabilitation, the state or any of its agencies or the 96
employer, as the case may be, shall provide a written statement to the 97
applicant of its reasons for such denial. 98
(d) Except for a position for which any provision of the general 99
statutes specifically disqualifies a person from employment because of 100
that person's criminal history record information, no employer or 101
employment agency shall advertise employment opportunities in such 102
a manner as to restrict such employment for applicants with criminal 103
history record information. 104
[(d)] (e) If a [conviction of a crime] criminal history record 105
information is used as a basis for rejection of an applicant, such rejection 106
shall be in writing and specifically state the evidence presented and 107
reasons for rejection. A copy of such rejection shall be sent by registered 108
mail to the applicant. 109
[(e)] (f) In no case may [records of arrest, which are not followed by a 110
conviction, or] records of convictions, which have been erased, be used, 111
distributed or disseminated by the state or any of its agencies in 112 Raised Bill No. 5389
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connection with an application for employment or for a permit, license, 113
certificate or registration. 114
Sec. 4. Section 46a-81 of the general statutes is repealed and the 115
following is substituted in lieu thereof (Effective October 1, 2020): 116
(a) Except as provided in section 36a-489, the provisions of sections 117
46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 118
other provisions of law which purport to govern the denial of licenses, 119
permits, certificates, registrations, or other means to engage in an 120
occupation, trade, vocation, business or profession, on the grounds of a 121
lack of good moral character, or which purport to govern the suspension 122
or revocation of a license, permit, certificate or registration on the 123
grounds of conviction of a crime. 124
(b) [Sections 46a-79 to 46a-81, inclusive] The provisions of sections 125
46a-80, as amended by this act, 46a-81, as amended by this act, 8-265c, 126
as amended by this act, 8-315, as amended by this act, 10a-6, as amended 127
by this act, 38a-58, as amended by this act, 38a-447, as amended by this 128
act, 46a-74, as amended by this act, and 46a-51, as amended by this act, 129
and sections 2, 5, 6, 9, 10, 12, 13, 16, 17 and 19 of this act, shall not be 130
applicable to any law enforcement agency, and it is not a discriminatory 131
practice for a law enforcement agency to refuse to hire or employ or to 132
bar or to discharge from employment any person or to discriminate 133
against that person in compensation or in terms, conditions or privileges 134
of employment on the basis of that person's criminal history record 135
information, provided nothing herein shall be construed to preclude a 136
law enforcement agency in its discretion from adopting the policy set 137
forth in said sections. 138
Sec. 5. (NEW) (Effective October 1, 2020) It shall be a discriminatory 139
practice under subdivision (8) of section 46a-51 of the general statutes, 140
as amended by this act, for any association, board or other organization, 141
the principal purpose of which is the furtherance of the professional or 142
occupational interests of its members, whose profession, trade or 143
occupation requires a state license, to refuse to accept an otherwise 144 Raised Bill No. 5389
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qualified person as a member of such association, board or organization 145
on the basis of that person's criminal history record information. 146
(b) Any association, board or other organization that violates the 147
provisions of this section shall be fined not less than one hundred 148
dollars or more than five hundred dollars. 149
Sec. 6. (NEW) (Effective October 1, 2020) (a) It shall be a discriminatory 150
practice under subdivision (8) of section 46a-51 of the general statutes, 151
as amended by this act: 152
(1) To refuse to sell or rent after the making of a bona fide offer, or to 153
refuse to negotiate for the sale or rental of, or otherwise make 154
unavailable or deny, a dwelling to any person on the basis of the 155
criminal history record information of (A) such buyer or renter, (B) a 156
person residing in or intending to reside in such dwelling after it is so 157
sold, rented or made available, or (C) any person associated with such 158
buyer or renter; 159
(2) To discriminate against any person in the terms, conditions or 160
privileges of the sale or rental of a dwelling, or in the provision of 161
services or facilities in connection therewith, on the basis of the criminal 162
history record information of (A) such buyer or renter, (B) a person 163
residing in or intending to reside in such dwelling after it is so sold, 164
rented or made available, or (C) any person associated with such buyer 165
or renter; 166
(3) To make, print or publish, or cause to be made, printed or 167
published any notice, statement or advertisement, with respect to the 168
sale or rental of a dwelling that indicates any preference, limitation or 169
discrimination, or an intention to make any such preference, limitation 170
or discrimination, based on the criminal history record information of 171
(A) a potential buyer or renter, (B) a person intending to reside in such 172
dwelling after it is sold, rented or made available, or (C) any person 173
associated with such potential buyer or renter; 174
(4) To represent to any person that any dwelling is not available for 175 Raised Bill No. 5389
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inspection, sale or rental when such dwelling is in fact so available, on 176
the basis of the criminal history record information of (A) a potential 177
buyer or renter, (B) a person intending to reside in such dwelling after 178
it is so sold, rented or made available, or (C) any person associated with 179
such potential buyer or renter; 180
(5) For profit, to induce or attempt to induce any person to sell or rent 181
any dwelling by representations regarding the entry or prospective 182
entry into the neighborhood of a person or persons with criminal history 183
record information; 184
(6) For any person or other entity engaging in residential-real-estate-185
related transactions, to discriminate against any person in making 186
available such a transaction, or in the terms or conditions of such a 187
transaction, on the basis of the criminal history record information of 188
(A) the other party in the transaction, (B) a person residing in or 189
intending to reside in a dwelling with such other party, or (C) any 190
person associated with such other party; 191
(7) To deny any person access to or membership or participation in 192
any multiple-listing service, real estate brokers' organization or other 193
service, organization or facility relating to the business of selling or 194
renting dwellings, or to discriminate against that person in the terms or 195
conditions of such access, membership or participation, on account of 196
that person's criminal history record information; or 197
(8) To coerce, intimidate, threaten or interfere with any person in the 198
exercise or enjoyment of, or on account of that person having exercised 199
or enjoyed, or on account of that person having aided or encouraged 200
any other person in the exercise or enjoyment of, any right granted or 201
protected by this section. 202
(b) The provisions of this section shall not apply to (1) the rental of a 203
room or rooms in a unit in a dwelling if the owner actually maintains 204
and occupies part of such unit as the owner's residence, or (2) a unit in 205
a dwelling containing not more than four units if the owner actually 206
maintains and occupies one of such other units as the owner's residence. 207 Raised Bill No. 5389
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(c) Nothing in this section shall limit the applicability of any 208
reasonable state statute or municipal ordinance restricting the 209
maximum number of persons permitted to occupy a dwelling. 210
(d) Nothing in this section shall prohibit a person engaged in the 211
business of furnishing appraisals of real property to take into 212
consideration factors other than a person's criminal history record 213
information. 214
(e) Nothing in this section shall require a landlord, seller of real 215
property or other person engaged in residential-real-estate-related 216
transactions to investigate the criminal history record information of a 217
tenant, buyer, potential tenant, potential buyer, person intending to 218
reside in the dwelling that is the subject of the residential-real-estate-219
related transaction or any person associated with a tenant, buyer, 220
potential tenant or potential buyer. 221
Sec. 7. Section 8-265c of the general statutes is repealed and the 222
following is substituted in lieu thereof (Effective October 1, 2020): 223
The authority shall require that occupancy of all housing financed or 224
otherwise assisted under this chapter be open to all persons regardless 225
of race, creed, color, national origin or ancestry, sex or gender identity 226
or expression or criminal history record information and that the 227
contractors and subcontractors engaged in the construction or 228
rehabilitation of such housing shall take affirmative action to provide 229
equal opportunity for employment without discrimination as to race, 230
creed, color, national origin or ancestry, sex, [or] gender identity or 231
expression or criminal history record information. 232
Sec. 8. Section 8-315 of the general statutes is repealed and the 233
following is substituted in lieu thereof (Effective October 1, 2020): 234
The municipality shall take all necessary steps to insure that 235
occupancy of all housing financed or otherwise assisted pursuant to this 236
chapter be open to all persons regardless of race, creed, color, national 237
origin or ancestry, sex, gender identity or expression, age, [or] physical 238 Raised Bill No. 5389
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disability or criminal history record information. 239
Sec. 9. (NEW) (Effective October 1, 2020) It shall be a discriminatory 240
practice pursuant to subdivision (8) of section 46a-51 of the general 241
statutes, as amended by this act: (1) To deny any person within the 242
jurisdiction of this state full and equal accommodations in any place of 243
public accommodation on the basis of that person's criminal history 244
record information, subject only to the conditions and limitations 245
established by law and applicable alike to all persons; or (2) to 246
discriminate, segregate or separate on account of criminal history record 247
information. 248
Sec. 10. (NEW) (Effective October 1, 2020) It shall be a discriminatory 249
practice under subdivision (8) of section 46a-51 of the general statutes, 250
as amended by this act, for the state system of higher education to deny 251
a person the opportunity for higher education on the basis of criminal 252
history record information. 253
Sec. 11. Subsection (b) of section 10a-6 of the general statutes is 254
repealed and the following is substituted in lieu thereof (Effective October 255
1, 2020): 256
(b) Within the limits of authorized expenditures, the policies of the 257
state system of higher education shall be consistent with (1) the 258
following goals: (A) To ensure that no qualified person be denied the 259
opportunity for higher education on the basis of age, sex, gender 260
identity or expression, ethnic background, criminal history record 261
information or social, physical or economic condition, (B) to protect 262
academic freedom, (C) to provide opportunities for education and 263
training related to the economic, cultural and educational development 264
of the state, (D) to assure the fullest possible use of available resources 265
in public and private institutions of higher education, (E) to maintain 266
standards of quality ensuring a position of national leadership for state 267
institutions of higher education, (F) to apply the resources of higher 268
education to the problems of society, and (G) to foster flexibility in the 269
policies and institutions of higher education to enable the system to 270 Raised Bill No. 5389
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respond to changes in the economy, society, technology and student 271
interests; and (2) the goals for higher education in the state identified in 272
section 10a-11c. Said board shall review recent studies of the need for 273
higher education services, with special attention to those completed 274
pursuant to legislative action, and to meet such needs shall initiate 275
additional programs or services through one or more of the constituent 276
units. 277
Sec. 12. (NEW) (Effective October 1, 2020) All educational, counseling 278
and vocational guidance programs and all apprenticeship and on-the-279
job training programs of state agencies, or in which state agencies 280
participate, shall be open to all qualified persons, without regard to a 281
person's criminal history record information. 282
Sec. 13. (NEW) (Effective October 1, 2020) It shall be a discriminatory 283
practice under subdivision (8) of section 46a-51 of the general statutes, 284
as amended by this act, for any creditor to discriminate, on the basis of 285
criminal record history information, against any person eighteen years 286
of age or older in any credit transaction. 287
Sec. 14. Section 38a-358 of the general statutes is repealed and the 288
following is substituted in lieu thereof (Effective October 1, 2020): 289
The declination, cancellation or nonrenewal of a policy for private 290
passenger nonfleet automobile insurance is prohibited if the declination, 291
cancellation or nonrenewal is based: (1) On the race, religion, nationality 292
or ethnicity of the applicant or named insured; (2) solely on the lawful 293
occupation or profession of the applicant or named insured, except that 294
this provision shall not apply to any insurer which limits its market to 295
one lawful occupation or profession or to several related lawful 296
occupations or professions; (3) on the principal location of the insured 297
motor vehicle unless such decision is for a business purpose which is 298
not a mere pretext for unfair discrimination; (4) solely on the age, sex, 299
gender identity or expression, [or] marital status or criminal history 300
record information of an applicant or an insured, except that this 301
subdivision shall not apply to an insurer in an insurer group if one or 302 Raised Bill No. 5389
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more other insurers in the group would not decline an application for 303
essentially similar coverage based upon such reasons; (5) on the fact that 304
the applicant or named insured previously obtained insurance coverage 305
through a residual market; (6) on the fact that another insurer previously 306
declined to insure the applicant or terminated an existing policy in 307
which the applicant was the named insured; (7) the first or second 308
accident within the current experience period in relation to which the 309
applicant or insured was not convicted of a moving traffic violation and 310
was not at fault; or (8) solely on information contained in an insured's 311
or applicant's credit history or credit rating or solely on an applicant's 312
lack of credit history. For the purposes of subdivision (8) of this section, 313
an insurer shall not be deemed to have declined, cancelled or 314
nonrenewed a policy if coverage is available through an affiliated 315
insurer. 316
Sec. 15. Section 38a-447 of the general statutes is repealed and the 317
following is substituted in lieu thereof (Effective October 1, 2020): 318
No life insurance company doing business in this state may: (1) Make 319
any distinction or discrimination between persons on the basis of race 320
or criminal history record information, as to the premiums or rates 321
charged for policies upon the lives of such persons; (2) demand or 322
require greater premiums from persons of one race than such as are at 323
that time required by that company from persons of another race of the 324
same age, sex, general condition of health and hope of longevity; (3) 325
demand or require greater premiums from persons with criminal 326
history record information than are at that time required by the 327
company from persons without criminal history record information of 328
the same age, sex, general conditions of health and hope of longevity; or 329
[(3)] (4) make or require any rebate, diminution or discount on the basis 330
of race or criminal history record information upon the sum to be paid 331
on any policy in case of the death of any person insured, nor insert in 332
the policy any condition, nor make any stipulation whereby such person 333
insured shall bind himself, his heirs, executors, administrators or 334
assigns to accept any sum less than the full value or amount of such 335
policy, in case of a claim accruing thereon by reason of the death of such 336 Raised Bill No. 5389
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person insured, other than such as are imposed upon all persons in 337
similar cases; and each such stipulation or condition so made or inserted 338
shall be void. 339
Sec. 16. (NEW) (Effective October 1, 2020) Criminal history record 340
information shall not be considered as a limiting factor in state-341
administered programs involving the distribution of funds to qualify 342
applicants for benefits authorized by law. 343
Sec. 17. (NEW) (Effective October 1, 2020) All services of every state 344
agency shall be performed without discrimination on the basis of 345
criminal history record information. 346
Sec. 18. Section 46a-74 of the general statutes is repealed and the 347
following is substituted in lieu thereof (Effective October 1, 2020): 348
No state department, board or agency may permit any 349
discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-350
64c or 46a-80, as amended by this act, or section 5, 6, 9, 10 or 13 of this 351
act. 352
Sec. 19. (NEW) (Effective October 1, 2020) (a) To the extent that other 353
governing laws, including, but not limited to, the laws of the United 354
States of America, mandate that an employer, seller or renter of real 355
property, place of public accommodation, institute of higher education 356
or other post-secondary school or provider of credit or insurance 357
products discriminate on the basis of criminal history record 358
information, such other governing law is a defense to a claim of 359
discriminatory practice. 360
(b) In a civil action for the death to, injury of or damage to a third 361
person caused by the intentional act of a person with criminal history 362
record information, any person who employs, rents, sells to, admits or 363
otherwise provides services to such person with criminal history record 364
information shall be presumed not to have been negligent in entering 365
into transactions mandated by 8-265c, as amended by this act, 8-315, as 366
amended by this act, 10a-6, as amended by this act, 38a-58, as amended 367 Raised Bill No. 5389
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by this act, 38a-447, as amended by this act, 46a-51, as amended by this 368
act, 46a-74, as amended by this act, sections 46a-80, as amended by this 369
act, and 46a-81, as amended by this act, and sections 2, 5, 6, 9, 10, 12, 13, 370
16, 17 and 19 of this act. 371
Sec. 20. Subdivision (7) of section 46a-51 of the 2020 supplement to 372
the general statutes is repealed and the following is substituted in lieu 373
thereof (Effective October 1, 2020): 374
(7) "Discriminatory employment practice" means any discriminatory 375
practice specified in section 46a-60, 46a-80, as amended by this act, or 376
46a-81c; 377
Sec. 21. Subdivision (8) of section 46a-51 of the 2020 supplement to 378
the general statutes is repealed and the following is substituted in lieu 379
thereof (Effective October 1, 2020): 380
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-381
60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-382
54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 383
46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, [or] 384
46a-70 to 46a-78, inclusive, [subsection (a) of section] 46a-80 ,as 385
amended by this act, [or sections] 46a-81b to 46a-81o, inclusive, or 386
section 5, 6, 9, 10 or 13 of this act; 387
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 46a-79
Sec. 2 October 1, 2020 New section
Sec. 3 October 1, 2020 46a-80
Sec. 4 October 1, 2020 46a-81
Sec. 5 October 1, 2020 New section
Sec. 6 October 1, 2020 New section
Sec. 7 October 1, 2020 8-265c
Sec. 8 October 1, 2020 8-315
Sec. 9 October 1, 2020 New section
Sec. 10 October 1, 2020 New section
Sec. 11 October 1, 2020 10a-6(b) Raised Bill No. 5389
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Sec. 12 October 1, 2020 New section
Sec. 13 October 1, 2020 New section
Sec. 14 October 1, 2020 38a-358
Sec. 15 October 1, 2020 38a-447
Sec. 16 October 1, 2020 New section
Sec. 17 October 1, 2020 New section
Sec. 18 October 1, 2020 46a-74
Sec. 19 October 1, 2020 New section
Sec. 20 October 1, 2020 46a-51(7)
Sec. 21 October 1, 2020 46a-51(8)
Statement of Purpose:
To protect individuals from discrimination based on criminal history
record information.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]