HF 1043

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to public safety; addressing the consideration of a job applicant's criminal
history during the public employment hiring process; proposing coding for new
law in Minnesota Statutes, chapter 364.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.
new text end

new text begin (a) A public employer may not inquire into or consider the criminal record or
criminal history of an applicant for public employment until the employer has offered
the prospective employee a conditional offer of employment. This offer may then be
withdrawn based on the prospective employee's criminal record or history if doing so is
not inconsistent with other provisions of this chapter.
new text end

new text begin (b) This section does not apply to public employers who have a statutory duty to
conduct a criminal history background check or otherwise take into consideration a
potential employee's criminal history during the hiring process.
new text end