HLS 16RS-538 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 349
BY REPRESENTATIVE EMERSON
STATE EMPLOYEES: Provides with respect to inquiries about criminal background
checks in certain public employment situations
1 AN ACT
2To enact Chapter 29 of Title 42 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 42:1701 and 1702, relative to state employment; to provide relative to the
4 consideration of criminal history in such employment; to prohibit certain conduct;
5 to provide for applicability; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Chapter 29 of Title 42 of the Louisiana Revised Statutes of 1950,
8comprised of R.S. 42:1701 and 1702, is hereby enacted to read as follows:
9 CHAPTER 29. REDUCING BARRIERS TO EMPLOYMENT
10 §1701. Definitions
11 For the purposes of this Chapter, the following terms shall have the following
12 meanings:
13 (1) "Applicant" means any person considered for or who requests to be
14 considered for employment with a state agency or who is requested by a public
15 employer to consider employment with a state agency or a different position with a
16 state agency.
17 (2) "State agency" means an agency, department, division, board, committee,
18 or other organizational unit of the state.
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1 §1702. Use of conviction history in state agency hiring decisions
2 A. Unless the employment of a person with a specific criminal conviction
3 for a particular position is prohibited by state or federal law, no state agency shall
4 advertise a position of employment with a statement that a person with a criminal
5 record may not apply for the position.
6 B. Except for inquiring into a conviction for a crime of violence or sex
7 offense, a state agency shall not ask an applicant to disclose information concerning
8 his criminal conviction history, either on an employment application or verbally,
9 prior to the applicant being given an opportunity to interview for the position or, if
10 no such interview is to be conducted, until after the applicant has been given a
11 conditional offer of employment.
12 C.(1) Except as provided in Paragraph (2) of this Subsection, this Chapter
13 shall apply to each position in the unclassified service.
14 (2) This Chapter shall not apply to the following:
15 (a) Any position for which a criminal background check is required by law.
16 (b) Any position in law enforcement or corrections.
17 (c) Any position for which the employee is required to exercise a substantial
18 degree of trust or responsibility over public funds.
19 D. This Section shall not be construed to prevent or prohibit a state agency
20 from conducting a criminal conviction history background check on any applicant
21 for public employment.
22 E. If, after inquiring into the criminal history of an applicant, a state agency
23 determines the applicant has been convicted of a crime, the state agency shall
24 consider the following factors in evaluating whether the conviction disqualifies the
25 applicant for the position:
26 (1) The nature of the conviction.
27 (2) Whether there is a direct relationship between the conviction and the
28 position's duties and responsibilities and the bearing, if any, the conviction may have
29 on the applicant's fitness or ability to perform one or more such duties and
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HB NO. 349
1 responsibilities, and whether the duties of employment would place any person or
2 the state agency in a vulnerable position.
3 (3) Any information regarding the applicant's rehabilitation and post-
4 conviction conduct.
5 (4) The time that has elapsed since the conviction.
6 Section 2. The Legislature of Louisiana hereby encourages and requests the State
7Civil Service Commission to establish the same or substantially similar provisions as
8provided in Section 1 of this Act for each position in the classified service within its civil
9service system.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 349 Original 2016 Regular Session Emerson
Abstract: With specified exceptions, prohibits a state agency from inquiring about an
applicant for employment's criminal history until after an interview or a conditional
offer of employment is made. Provides for the consideration of criminal history in
making employment decisions.
Proposed law provides that unless the employment of a person with a specific criminal
conviction for a particular position is prohibited by law, no state agency shall advertise a
position of employment with a statement that a person with a criminal record may not apply
for the position. Further, except for inquiring into a conviction for a crime of violence or sex
offense, prohibits a state agency from asking an applicant to disclose information concerning
his criminal conviction history, on an employment application or verbally, prior to the
applicant being given an opportunity to interview for the position or, if no such interview
is to be conducted, until after the applicant has been given a conditional offer of
employment. Proposed law defines for its purposes "applicant"and "state agency".
Proposed law specifies that it applies to each position in the unclassified service and
specifically excludes from its application any position for which a criminal background
check is required by law; any position in law enforcement or corrections; and any position
for which the employee is required to exercise a substantial degree of trust or responsibility
over public funds. Further specifies that proposed law shall not be construed to prevent or
prohibit a state agency from conducting a criminal conviction history background check on
any applicant for public employment.
Proposed law requires a state agency that determines an applicant has been convicted of a
crime to consider the following factors in evaluating whether the conviction disqualifies the
applicant for the position:
(1)The nature of the conviction.
(2)If there is a relationship between the conviction and the position's duties and
responsibilities and the bearing the conviction may have on the fitness or ability to
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HB NO. 349
perform such duties and responsibilities, and whether the duties of employment
would place any person or the state agency in a vulnerable position.
(3)Any information regarding the applicant's rehabilitation and good conduct.
(4) The time that has elapsed since the conviction.
Further provides that the legislature encourages and requests the State Civil Service
Commission to establish the same or substantially similar provisions as provided in proposed
law for each position in the classified service within its civil service system.
(Adds R.S. 42:1701 and 1702)
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