MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary, Division B; Labor

By: Senator(s) Witherspoon, Jordan, Jackson (11th)

Senate Bill 2112

AN ACT TO BAN CRIMINAL HISTORY CHECKS AS PART OF THE PRELIMINARY JOB APPLICATION PROCESS EXCEPT AS REQUIRED BY LAW; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  A public or private employer may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview by the employer or, if there is not an interview, before a conditional offer of employment is made to the applicant.

     (2)  This section does not apply to the Department of Corrections or to 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.

     (3)  This section does not prohibit an employer from notifying applicants that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions.

     (4)  This section shall be repealed from and after January 1, 2023.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.