Mississippi HB 201: "Donald J. Trump Ban-the-Box Act"; create to prohibit public employers from using criminal history as a bar to employment.

Bill Text

H. B. No. 201 *HR26/R1266* ~ OFFICIAL ~ G1/2
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To: Judiciary B;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 201

AN ACT TO CREATE THE "DONALD J. TRUMP BAN-THE-BOX ACT"; TO 1
PROVIDE DEFINITIONS; TO PROHIBIT CERTAIN PUBLIC EMPLOYERS FROM 2
USING CRIMINAL HISTORY INFORMATION AS A PRELIMINARY BAR TO 3
EMPLOYMENT; TO PROVIDE FOR JURISDICTION OVER COMPLAINTS FOR 4
VIOLATION OF THE TERMS OF THIS ACT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. (1) Short title. This act shall be known and 7
may be cited as the "Donald J. Trump Ban-the-Box Act." 8
(2) Definitions. (a) "Public employer" means the State of 9
Mississippi and any office, department, agency, division, bureau, 10
commission, board, institution, hospital, college, university, 11
airport authority or other instrumentality thereof. 12
(b) "Inquiry" means any direct or indirect conduct 13
intended to gather information, using any mode of communication. 14
(c) "Applicant" means any person considered for, or who 15
requests to be considered for, public employment or any current 16
employee considered for, or who requests to be considered for, 17
another position of public employment. 18

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(d) "Criminal history" means records and data collected 19
by criminal justice agencies consisting of identifiable 20
descriptions and notations of arrests, detentions, indictments, 21
information, or other formal charges, whether for a misdemeanor or 22
a felony. 23
(e) "Background check" means the action taken to obtain 24
a person's criminal history. 25
(3) Scope. (a) This act applies to public employers unless 26
a public employer is required under state or federal law to obtain 27
a criminal history as a preliminary qualification to be considered 28
for public employment, including, but not limited to, any position 29
that involves direct interaction with minors or the elderly. 30
(b) This act does not apply to: 31
(i) Private employers. 32
(ii) The practice of law; but nothing in this act 33
shall be construed to preclude the Supreme Court, in its 34
discretion, from adopting the policies set forth in this act. 35
(iii) The Joint Legislative Committee on 36
Performance Evaluation and Expenditure Review or any other public 37
body when making inquiry about a particular person when the 38
inquiry is related to the consideration of the person for 39
appointment or confirmation to an office or position if the 40
appointment is subject to the advice and consent of the 41
Mississippi Senate. 42

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(c) It is the intent of the Legislature to encourage 43
similar hiring practices by private employers, local governments 44
and other political subdivisions. 45
(4) Criminal history. (a) A public employer shall not ask 46
an applicant to disclose, orally or in writing, information 47
concerning the applicant's criminal record or history, including 48
any inquiry on any employment application, until the applicant: 49
(i) has signed the appropriate waiver authorizing release, (ii) is 50
being considered for a specific position, and (iii) has received 51
an interview. 52
(b) If a background check has been lawfully completed 53
and a criminal history exists, the state will consider the 54
following criteria before either proffering or declining to 55
proffer an offer of employment: 56
(i) The nature and gravity of the offense; 57
(ii) The length of time that has elapsed since the 58
offense occurred; 59
(iii) The age of the person at the time of the 60
offense; 61
(iv) Whether the offense is reasonably related to 62
the duties and responsibilities of the employment sought by the 63
applicant; 64
(v) Any information pertaining to the degree of 65
rehabilitation that may have taken place in the applicant. 66

H. B. No. 201 *HR26/R1266* ~ OFFICIAL ~
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ST: "Donald J. Trump Ban-the-Box Act"; create
to prohibit public employers from using criminal
history as a bar to employment.
(c) A record of arrest that did not result in 67
conviction shall not be the basis for disqualification from public 68
employment. 69
(d) The public employer must inform the applicant of 70
the potential adverse employment decision based on the background 71
check report before a final decision and must provide to the 72
applicant an opportunity to demonstrate that the applicant was not 73
correctly identified in the background check report or that the 74
report is otherwise inaccurate. 75
(5) Remedies. Jurisdiction of a complaint or grievance 76
alleging a violation of this act by a public employer is in the 77
circuit court of the First Judicial District of Hinds County. 78
SECTION 2. This act shall take effect and be in force from 79
and after July 1, 2026. 80