103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3835

 

Introduced 2/17/2023, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
310 ILCS 10/3a new

    Amends the Housing Authorities Act. Provides that each person considered or recommended for appointment as a commissioner of a Housing Authority shall complete an application prior to his or her appointment. Requires the application to include a question concerning whether the person has been convicted of or found to be a child sex offender. Provides that no presiding officer of any municipality or county and no governing body of the unit of local government shall knowingly consider for appointment a person who has been convicted of or found to be a child sex offender, and shall remove such person from consideration upon discovery of the offense. Requires any commissioner of a Housing Authority to immediately disclose his or her conviction for a child sex offense to the presiding officer and governing body. Requires each person considered or recommended for appointment as a commissioner of a Housing Authority to authorize a criminal history investigation to determine if he or she has been convicted of specified criminal or drug offenses. Requires the Illinois State Police to conduct the criminal history investigation, upon request, for a fee charged to the municipality or county that requested the investigation. Requires the Illinois State Police and the Federal Bureau of Investigation to furnish the results of the investigation to the presiding officer and governing body of the unit of local government. Provides that any information or criminal records obtained by the presiding officer and the governing body shall be confidential. Provides that no presiding officer or governing body shall knowingly appoint or approve the appointment of any person who has been convicted of specified criminal or drug offenses. Effective immediately.


LRB103 25451 KTG 51800 b

 

 

A BILL FOR

 

HB3835LRB103 25451 KTG 51800 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Housing Authorities Act is amended by
5adding Section 3a as follows:
 
6    (310 ILCS 10/3a new)
7    Sec. 3a. Commissioner applications; criminal background
8investigations.
9    (a) As used in this Section:
10    "Child sex offender" has the meaning provided in paragraph
11(1) of subsection (d) of Section 11-9.3 of the Criminal Code of
122012.
13    (b) Each person considered or recommended for appointment
14as a commissioner of a Housing Authority shall complete an
15application prior to his or her appointment to the Housing
16Authority. The application shall include, but shall not be
17limited to, a question for the person to answer concerning
18whether the person has been convicted of or found to be a child
19sex offender. No presiding officer of any municipality or
20county and no governing body of the unit of local government
21shall knowingly consider for appointment a person who has been
22convicted of or found to be a child sex offender. A presiding
23officer or the governing body shall remove such person from

 

 

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1consideration upon discovery of the offense.
2    If any commissioner of a Housing Authority is convicted of
3or found to be a child sex offender, the commissioner shall
4immediately disclose the conviction or finding to the
5presiding officer having appointment authority and to the
6governing body of the unit of local government.
7    (c) Each person considered or recommended for appointment
8as a commissioner of a Housing Authority is required as a
9condition of his or her appointment to authorize an
10investigation to determine if he or she has been convicted of
11any of the enumerated criminal or drug offenses in subsection
12(e) or (f) of this Section, or adjudicated a delinquent minor
13for any of the enumerated criminal or drug offenses in
14subsection (e) or (f) of this Section, or has been convicted,
15within 7 years prior to the date of his or her application
16required under subsection (b), of any other felony under the
17laws of this State or of any offense committed or attempted in
18any other state or against the laws of the United States that,
19if committed or attempted in this State, would have been
20punishable as a felony under the laws of this State.
21Authorization for the investigation shall be furnished by the
22person to the presiding officer and the governing body. Upon
23receipt of this authorization, the presiding officer, in
24consultation with the governing body, shall submit the
25person's name, sex, race, date of birth, and social security
26number to the Illinois State Police on forms prescribed by the

 

 

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1Illinois State Police. The Illinois State Police shall conduct
2a search of the Illinois criminal history records database to
3ascertain if the person being considered for appointment has
4been convicted of any of the enumerated criminal or drug
5offenses in subsection (e) or (f) of this Section, or
6adjudicated a delinquent minor for committing or attempting to
7commit any of the enumerated criminal or drug offenses in
8subsection (e) or (f) of this Section, or has been convicted of
9committing or attempting to commit, within 7 years prior to
10the date of his or her application required under subsection
11(b), any other felony under the laws of this State. The
12Illinois State Police shall charge the municipality or county
13a fee for conducting the investigation, which fee shall be
14deposited into the State Police Services Fund and shall not
15exceed the cost of the inquiry. The person shall not be charged
16a fee by the municipality or county for the investigation.
17    (d) If the search of the Illinois criminal history record
18database indicates that the person has been convicted of any
19of the enumerated criminal or drug offenses in subsection (e)
20or (f), or adjudicated a delinquent minor for committing or
21attempting to commit any of the enumerated criminal or drug
22offenses in subsection (e) or (f), or has been convicted of
23committing or attempting to commit, within 7 years prior to
24the date of his or her application required under subsection
25(b), any other felony under the laws of this State, the
26Illinois State Police and the Federal Bureau of Investigation

 

 

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1shall furnish, pursuant to a fingerprint-based background
2check, records of convictions or adjudications as a delinquent
3minor, until expunged, to the presiding officer and the
4governing body. Any information concerning the record of
5convictions or adjudications as a delinquent minor obtained by
6the presiding officer and the governing body shall be
7confidential and may only be transmitted to those persons who
8are necessary to the decision on whether to appoint the person
9to the Housing Authority. A copy of the record of convictions
10or adjudications as a delinquent minor obtained from the
11Illinois State Police shall be provided to the person
12considered or recommended for appointment. Any individual who
13releases any confidential information concerning any criminal
14convictions or adjudications as a delinquent minor of the
15person considered or recommended for appointment shall be
16guilty of a Class A misdemeanor, unless the release of such
17information is authorized by this Section.
18    (e) No presiding officer or governing body shall knowingly
19appoint or approve the appointment of any person who has been
20convicted, or adjudicated a delinquent minor, for committing
21attempted first degree murder or for committing or attempting
22to commit first degree murder, a Class X felony, or any one or
23more of the following criminal offenses: (i) those defined in
24Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
2511-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18,
2611-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,

 

 

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111-21, 11-30 (if convicted of a Class 4 felony), 12-7.3,
212-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the
3Criminal Code of 1961 or the Criminal Code of 2012; and (ii)
4any offense committed or attempted in any other state or
5against the laws of the United States, which, if committed or
6attempted in this State, would have been punishable as one or
7more of the foregoing offenses. Further, no presiding officer
8or governing body shall knowingly appoint or approve the
9appointment of any person who has been found to be the
10perpetrator of sexual or physical abuse of any minor under 18
11years of age pursuant to proceedings under Article II of the
12Juvenile Court Act of 1987. No presiding officer or governing
13board shall knowingly appoint or approve the appointment of
14any person for whom a criminal background investigation has
15not been initiated.
16    (f) No presiding officer or governing body shall knowingly
17appoint or approve the appointment of any person who has been
18convicted of the following drug offenses, other than an
19offense set forth in subsection (e), until 7 years following
20the end of the sentence imposed for any of the following
21offenses: (i) those defined in the Cannabis Control Act,
22except those defined in subsections (a), (b), and (c) of
23Section 4 of that Act and in subsections (a) and (b) of Section
24(5) of that Act; (ii) those defined in the Illinois Controlled
25Substances Act; (iii) those defined in the Methamphetamine
26Control and Community Protection Act; and (iv) any offense

 

 

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1committed or attempted in any other state or against the laws
2of the United States, which, if committed or attempted in this
3State, would have been punishable as one or more of the
4foregoing offenses. As used in this paragraph, "sentence"
5includes any period of supervision or probation that was
6imposed either alone or in combination with a period of
7incarceration.
8    (g) Notwithstanding the provisions of subsections (e) and
9(f), a presiding officer or governing body may, in its
10discretion, appoint or approve the appointment of a person who
11has been granted a certificate of good conduct under Section
125-5.5-25 of the Unified Code of Corrections by the circuit
13court.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.