Mississippi House Bill HB738

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Income tax; authorize credit for employers of convicted felons, prohibit certain criminal record/history checks.

Impact

In addition to the prohibition on criminal history checks, HB738 introduces an income tax credit incentivizing employers to hire individuals with felony convictions who have been unemployed for at least six months. The tax credit amounts to $2,500 per employee and can be claimed for up to five years for each qualified hire. This provision aims to encourage employers to consider hiring individuals who have faced barriers to employment due to their criminal history, supporting their reintegration into society. The credit can also be carried forward for a specified period if not fully utilized in a given tax year.

Summary

House Bill 738 seeks to reform hiring practices in Mississippi by prohibiting employers from conducting criminal history checks during the preliminary application process for employment. The bill specifies that an employer can only inquire about an applicant's criminal record after the interview selection or after a conditional job offer has been made. This is intended to remove barriers for individuals with criminal records, especially those who might face discrimination during the job application process. The law does not apply to certain employers, such as those within the Department of Corrections or employers required by law to conduct criminal background checks.

Contention

Notable points of contention may arise from the differing views on the implications of this bill. Proponents of the legislation argue that it promotes second chances for individuals with criminal records, thus contributing to reducing recidivism rates and improving public safety. Critics, however, may express concern that restricting criminal history inquiries could lead employers to unknowingly hire individuals whose past convictions may be relevant to specific job responsibilities, particularly in sensitive fields. The debate around balancing fair hiring practices with ensuring workplace safety and integrity will likely be prominent as the bill progresses.