Mississippi HB 863: Ban-the-Box Act; enact.

Bill Text

H. B. No. 863 *HR26/R123* ~ OFFICIAL ~ G1/2
23/HR26/R123
PAGE 1 (OM\KW)

To: Accountability,
Efficiency, Transparency;
Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023

By: Representatives Hulum, Hines, Johnson,
Taylor, Harness, Sanders, Anthony, Porter,
Mickens, Jackson, Faulkner, Anderson (110th),
Bailey, Banks, Bell (65th), Blackmon, Brown
(70th), Burnett, Clark, Foster, Holloway,
Karriem, McCray, Osborne, Straughter, Summers, Thompson, Walker, Watson

HOUSE BILL NO. 863

AN ACT TO CREATE THE "BAN-THE-BOX ACT"; TO ENACT DEFINITIONS; 1
TO PROHIBIT CERTAIN PUBLIC EMPLOYERS AND PRIVATE 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 "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) "Private employer" means an employer with eleven 13
(11) or more employees. 14
(c) "Inquiry" means any direct or indirect conduct 15
intended to gather information, using any mode of communication. 16
(d) "Applicant" means any person considered for, or who 17
requests to be considered for, public employment or private 18
employment or any current employee considered for, or who requests 19

H. B. No. 863 *HR26/R123* ~ OFFICIAL ~
23/HR26/R123
PAGE 2 (OM\KW)

to be considered for, another position of public employment or 20
private employment. 21
(e) "Criminal history" means records and data collected 22
by criminal justice agencies consisting of identifiable 23
descriptions and notations of arrests, detentions, indictments, 24
information, or other formal charges, whether for a misdemeanor or 25
a felony. 26
(f) "Background check" means the action taken to obtain 27
a person's criminal history. 28
(2) Scope. (a) This act applies to public employers and 29
private employers unless a public employer or private employer is 30
required under state or federal law to obtain a criminal history 31
as a preliminary qualification to be considered for public 32
employment, including, but not limited to, any position that 33
involves direct interaction with minors or the elderly. 34
(b) This act does not apply to: 35
(i) The practice of law; but nothing in this act 36
shall be construed to preclude the Supreme Court, in its 37
discretion, from adopting the policies set forth in this act. 38
(ii) The Performance, Evaluation and Expenditure 39
Review Committee (PEER) or any other public body when making 40
inquiry about a particular person when the inquiry is related to 41
the consideration of the person for appointment or confirmation to 42
an office or position if the appointment is subject to the advice 43
and consent of the Mississippi Senate. 44

H. B. No. 863 *HR26/R123* ~ OFFICIAL ~
23/HR26/R123
PAGE 3 (OM\KW)

(c) It is the intent of the Legislature to encourage 45
similar hiring practices by all private employers, local 46
governments and other political subdivisions. 47
(3) Criminal history. (a) A public employer or private 48
employer shall not ask an applicant to disclose, orally or in 49
writing, information concerning the applicant's criminal record or 50
history, including any inquiry on any employment application, 51
until the applicant: (i) has signed the appropriate waiver 52
authorizing release, (ii) is being considered for a specific 53
position, and (iii) has received an interview. 54
(b) If a background check has been lawfully completed 55
and a criminal history exists, the state will consider the 56
following criteria before either proffering or declining to 57
proffer an offer of employment: 58
(i) The nature and gravity of the offense; 59
(ii) The length of time that has elapsed since the 60
offense occurred; 61
(iii) The age of the person at the time of the 62
offense; 63
(iv) Whether the offense is reasonably related to 64
the duties and responsibilities of the employment sought by the 65
applicant; 66
(v) Any information pertaining to the degree of 67
rehabilitation that may have taken place in the applicant. 68

H. B. No. 863 *HR26/R123* ~ OFFICIAL ~
23/HR26/R123
PAGE 4 (OM\KW)
ST: Ban-the-Box Act; enact.
(c) A record of arrest that did not result in 69
conviction shall not be the basis for disqualification from public 70
employment. 71
(d) The public employer or private employer, as the 72
case may be, must inform the applicant of the potential adverse 73
employment decision based on the background check report before a 74
final decision and must provide to the applicant an opportunity to 75
demonstrate that the applicant was not correctly identified in the 76
background check report or that th