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Bill

Bill

S 1220

Makes it an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions

2025 Regular Session Introduced by Jamaal Bailey

Prohibits employers from asking about arrests or criminal convictions early in hiring and requires an individualized assessment before exclusions, with potential enforcement.

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
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Bill Summary · S 1220

Note: the materials you provided contain several different documents all labeled “S 1220” (an Idaho FY2026 appropriations bill, a Massachusetts public‑safety bill, and sponsor/committee listings suggesting a federal bill), but none includes the full enacted text for a bill titled “Makes it an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions.” Because of those inconsistencies, the summary below focuses on the bill title and on commonly used provisions for bills of this subject (often called “ban‑the‑box” or employment‑criminal‑history‑inquiry restrictions). If you can provide the bill’s full text or the jurisdiction (state or federal), I can produce a precise, clause‑by‑clause summary.

Summary — S 1220 (prohibiting certain employer inquiries about criminal convictions)

Purpose and intent
- To reduce employment barriers for people with criminal histories by prohibiting prospective employers from making certain inquiries about arrests or convictions at early stages of hiring, thereby preventing discriminatory screening that can limit re‑entry and workforce participation.

Key provisions (typical features implied by the bill title)
- Prohibition on early inquiries: Employers would be prohibited from asking about arrest records, non‑convictions, or criminal convictions on initial job applications or in pre‑application advertising.
- Timing restriction: Employers generally may not inquire into or require disclosure of criminal convictions until after a conditional offer of employment has been made (or until after initial screening and interview), except as explicitly allowed.
- Narrow exceptions: Permits inquiries or background checks before a conditional offer only where required by law or where the employer must screen for public safety, licensure, or other specific regulatory exceptions (e.g., positions involving work with vulnerable populations, law enforcement, or where federal/state law requires background checks).
- Individualized assessment: Where an employer seeks to exclude an applicant based on a conviction, the employer must conduct an individualized assessment that: (a) considers the nature and gravity of the offense, (b) the time elapsed since the offense or completion of sentence, and (c) the relevance of the offense to the job duties; and must notify the applicant and provide opportunity to respond or present mitigating evidence.
- Enforcement mechanisms: Enforcement may be through the state civil rights agency or labor department, and/or by a private right of action allowing applicants to sue for violations. Remedies typically include hiring or reinstatement, back pay, civil penalties, and attorney’s fees.
- Retaliation and record‑keeping prohibitions: Employers are barred from retaliating against applicants who exercise rights under the law; some versions require employers to destroy arrest records or sealed records per law.

Who would be affected
- Employers recruiting or hiring within the bill’s jurisdiction (state or federal contractors if the bill applies federally). Small employer exemptions may be included in some versions.
- Job applicants with arrest or conviction histories (reduced barriers).
- State agencies or civil rights enforcement bodies responsible for overseeing compliance.

Procedural/timeline aspects
- The title indicates referral to a committee (Crime Victims, Crime and Correction). Absent the bill text, common practice is an effective date 30–90 days after enactment or a specified date (some laws include immediate effect for enforcement provisions).
- Implementation could require agency rulemaking and employer notice/education; some bills include a compliance period before civil penalties apply.

Next steps
- Please provide the full text of S 1220 or the specific jurisdiction (state or federal) so I can produce an accurate, provision‑level summary with citations to bill sections, exact exceptions, penalty amounts, effective date, and enforcement language.

Compiled from official sources — confirm details with the bill’s official record.

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