093_HB0564enr

 
HB0564 Enrolled                      LRB093 05574 MBS 05666 b

 1        AN ACT in relation to criminal history records.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Secretary of State Merit Employment Code
 5    is amended by changing Section 10b.1 as follows:

 6        (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
 7        Sec.  10b.1.   (a)  Competitive  examinations.   For open
 8    competitive examinations to  test  the  relative  fitness  of
 9    applicants  for  the  respective  positions.   Tests shall be
10    designed  to  eliminate  those  who  are  not  qualified  for
11    entrance into the Office of the Secretary  of  State  and  to
12    discover  the  relative  fitness  of those who are qualified.
13    The Director may use any one of or  any  combination  of  the
14    following  examination  methods  which  in  his judgment best
15    serves this end: investigation of education  and  experience;
16    test  of  cultural  knowledge;  test  of  capacity;  test  of
17    knowledge;  test of manual skill; test of linguistic ability;
18    test  of  character;  test  of  physical   skill;   test   of
19    psychological   fitness.    No   person   with  a  record  of
20    misdemeanor convictions except  those  under  Sections  11-6,
21    11-7,  11-9,  11-14,  11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
22    12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5,  25-1,  28-3,  31-1,
23    31-4,   31-6,   31-7,   32-1,  32-2,  32-3,  32-4,  32-8  and
24    sub-sections 1, 6 and 8 of Section 24-1 of the Criminal  Code
25    of  1961, or arrested for any cause but not convicted thereon
26    shall  be  disqualified  from  taking  such  examinations  or
27    subsequent appointment unless the  person  is  attempting  to
28    qualify  for  a position which would give him the powers of a
29    peace officer, in  which  case  the  person's  conviction  or
30    arrest  record  may  be considered as a factor in determining
31    the person's fitness  for  the  position.   All  examinations
 
HB0564 Enrolled            -2-       LRB093 05574 MBS 05666 b
 1    shall  be  announced  publicly at least 2 weeks in advance of
 2    the date of examinations and may be  advertised  through  the
 3    press, radio or other media.
 4        The  Director  may, at his discretion, accept the results
 5    of competitive examinations conducted  by  any  merit  system
 6    established  by  Federal  law or by the law of any State, and
 7    may compile eligible lists therefrom or may add the names  of
 8    successful  candidates  in  examinations  conducted  by those
 9    merit systems to existing eligible lists in  accordance  with
10    their respective ratings.  No person who is a non-resident of
11    the  State  of  Illinois may be appointed from those eligible
12    lists, however, unless the  requirement  that  applicants  be
13    residents  of the State of Illinois is waived by the Director
14    of Personnel and  unless  there  are  less  than  3  Illinois
15    residents  available  for  appointment  from  the appropriate
16    eligible list.  The results of the examinations conducted  by
17    other   merit  systems  may  not  be  used  unless  they  are
18    comparable   in   difficulty   and    comprehensiveness    to
19    examinations  conducted  by  the  Department of Personnel for
20    similar positions.  Special linguistic options  may  also  be
21    established where deemed appropriate.
22        (b)  The  Director  of  Personnel  may  require that each
23    person seeking employment with the  Secretary  of  State,  as
24    part  of  the application process, authorize an investigation
25    to determine if the applicant has ever been  convicted  of  a
26    crime  and  if so, the disposition of those convictions; this
27    authorization shall indicate the scope of the inquiry and the
28    agencies which may be contacted.   Upon  this  authorization,
29    the Director of Personnel may request and receive information
30    and  assistance from any federal, state or local governmental
31    agency  as  part  of  the   authorized   investigation.   The
32    investigation shall be undertaken after the fingerprinting of
33    an  applicant  in  the  form  and  manner  prescribed  by the
34    Department of State Police. The investigation  shall  consist
 
HB0564 Enrolled            -3-       LRB093 05574 MBS 05666 b
 1    of   a  criminal  history  records  check  performed  by  the
 2    Department  of  State  Police  and  the  Federal  Bureau   of
 3    Investigation,  or  some other entity that has the ability to
 4    check the applicant's fingerprints  against  the  fingerprint
 5    records  now  and  hereafter filed in the Department of State
 6    Police and Federal Bureau of Investigation  criminal  history
 7    records databases.  If the Department of State Police and the
 8    Federal  Bureau  of  Investigation  conduct  an investigation
 9    directly for  the  Secretary  of  State's  Office,  then  the
10    Department  of State Police shall charge a fee for conducting
11    the criminal history records check, which shall be  deposited
12    in  the  State  Police Services Fund and shall not exceed the
13    actual cost of the records check.  The  Department  of  State
14    Police  shall  provide  information  concerning  any criminal
15    convictions,  and  their  disposition,  brought  against  the
16    applicant or prospective employee of the Secretary  of  State
17    upon  request of the Department of Personnel when the request
18    is made in the form and manner required by the Department  of
19    State    Police.    The   information   derived   from   this
20    investigation, including the source of this information,  and
21    any   conclusions   or   recommendations  derived  from  this
22    information by the Director of Personnel shall be provided to
23    the applicant or prospective employee, or his designee,  upon
24    request  to  the  Director  of  Personnel  prior to any final
25    action by the Director of Personnel on the  application.   No
26    information obtained from such investigation may be placed in
27    any  automated  information system.  Any criminal convictions
28    and their disposition information obtained by the Director of
29    Personnel shall be confidential and may  not  be  transmitted
30    outside  the  Office  of  the  Secretary  of State, except as
31    required herein, and may not be transmitted to anyone  within
32    the Office of the Secretary of State except as needed for the
33    purpose  of  evaluating  the application.   The only physical
34    identity  materials  which  the  applicant   or   prospective
 
HB0564 Enrolled            -4-       LRB093 05574 MBS 05666 b
 1    employee can be required to provide the Director of Personnel
 2    are  photographs  or fingerprints; these shall be returned to
 3    the applicant or prospective employee  upon  request  to  the
 4    Director  of  Personnel,  after  the  investigation  has been
 5    completed and no copy of these materials may be kept  by  the
 6    Director  of  Personnel  or any agency to which such identity
 7    materials were transmitted.  Only information  and  standards
 8    which   bear  a  reasonable  and  rational  relation  to  the
 9    performance of an employee shall be used by the  Director  of
10    Personnel.   The  Secretary  of  State  shall adopt rules and
11    regulations for the  administration  of  this  Section.   Any
12    employee  of the Secretary of State who gives or causes to be
13    given  away  any  confidential  information  concerning   any
14    criminal convictions and their disposition of an applicant or
15    prospective employee shall be guilty of a Class A misdemeanor
16    unless  release  of  such  information  is authorized by this
17    Section.
18    (Source: P.A. 84-25.)

19        Section 6.  The Park District Code is amended by changing
20    Section 8-23 as follows:

21        (70 ILCS 1205/8-23)
22        Sec. 8-23.  Criminal background investigations.
23        (a)  An applicant for employment with a park district  is
24    required  as  a  condition  of  employment  to  authorize  an
25    investigation   to   determine  if  the  applicant  has  been
26    convicted of any of the enumerated criminal or drug  offenses
27    in  subsection  (c)  of  this  Section or has been convicted,
28    within 7 years of the application  for  employment  with  the
29    park  district,  of  any  other felony under the laws of this
30    State or of any offense committed or attempted in  any  other
31    state  or  against  the  laws  of  the United States that, if
32    committed  or  attempted  in  this  State,  would  have  been
 
HB0564 Enrolled            -5-       LRB093 05574 MBS 05666 b
 1    punishable  as  a  felony  under  the  laws  of  this  State.
 2    Authorization for the investigation shall be furnished by the
 3    applicant  to  the  park  district.  Upon  receipt  of   this
 4    authorization, the park district shall submit the applicant's
 5    name, sex, race, date of birth, and social security number to
 6    the  Department  of  State  Police on forms prescribed by the
 7    Department of State Police.  The Department of  State  Police
 8    shall  conduct  a  search  of  the  Illinois criminal history
 9    records  database  an  investigation  to  ascertain  if   the
10    applicant  being considered for employment has been convicted
11    of committing or attempting to commit any of  the  enumerated
12    criminal  or  drug offenses in subsection (c) of this Section
13    or has been convicted of committing or attempting to  commit,
14    within  7  years  of  the application for employment with the
15    park district, of any other felony under  the  laws  of  this
16    State  or  of any offense committed or attempted in any other
17    state or against the laws  of  the  United  States  that,  if
18    committed  or  attempted  in  this  State,  would  have  been
19    punishable  as  a  felony  under the laws of this State.  The
20    Department of State Police shall charge the park  district  a
21    fee  for  conducting  the  investigation,  which fee shall be
22    deposited in the State Police Services  Fund  and  shall  not
23    exceed  the  cost of the inquiry.  The applicant shall not be
24    charged a fee by the park district for the investigation.
25        (b)  If the  search  of  the  Illinois  criminal  history
26    record   database  indicates  that  the  applicant  has  been
27    convicted of committing or attempting to commit  any  of  the
28    enumerated criminal or drug offenses in subsection (c) or has
29    been  convicted of committing or attempting to commit, within
30    7 years of the  application  for  employment  with  the  park
31    district,  any other felony under the laws of this State, the
32    Department  of  State  Police  and  the  Federal  Bureau   of
33    Investigation  shall furnish, pursuant to a fingerprint based
34    background  check   positive   identification,   records   of
 
HB0564 Enrolled            -6-       LRB093 05574 MBS 05666 b
 1    convictions,  until  expunged,  to  the president of the park
 2    district.   Any  information   concerning   the   record   of
 3    convictions  obtained  by the president shall be confidential
 4    and  may  only  be  transmitted  to  those  persons  who  are
 5    necessary to the decision on whether to  hire  the  applicant
 6    for employment.  A copy of the record of convictions obtained
 7    from  the Department of State Police shall be provided to the
 8    applicant  for  employment.   Any  person  who  releases  any
 9    confidential information concerning any criminal  convictions
10    of  an  applicant for employment shall be guilty of a Class A
11    misdemeanor,  unless  the  release  of  such  information  is
12    authorized by this Section.
13        (c)  No park district shall knowingly employ a person who
14    has been convicted  for  committing  attempted  first  degree
15    murder or for committing or attempting to commit first degree
16    murder, a Class X felony, or any one or more of the following
17    offenses:   (i)  those defined in Sections 11-6, 11-9, 11-14,
18    11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
19    11-20, 11-20.1, 11-21,  12-13,  12-14,  12-14.1,  12-15,  and
20    12-16 of the Criminal Code of 1961; (ii) those defined in the
21    Cannabis  Control Act, except those defined in Sections 4(a),
22    4(b), and 5(a) of  that  Act;  (iii)  those  defined  in  the
23    Illinois  Controlled  Substances  Act;  and  (iv) any offense
24    committed or attempted in any other state or against the laws
25    of the United States, which, if  committed  or  attempted  in
26    this  State, would have been punishable as one or more of the
27    foregoing  offenses.   Further,  no   park   district   shall
28    knowingly  employ  a  person  who  has  been  found to be the
29    perpetrator of sexual or physical abuse of any minor under 18
30    years of age pursuant to proceedings under Article II of  the
31    Juvenile Court Act of 1987.  No park district shall knowingly
32    employ  a person for whom a criminal background investigation
33    has not been initiated.
34    (Source: P.A. 91-885, eff. 7-6-00.)
 
HB0564 Enrolled            -7-       LRB093 05574 MBS 05666 b
 1        Section 7.  The Chicago Park District Act is  amended  by
 2    changing Section 16a-5 as follows:

 3        (70 ILCS 1505/16a-5)
 4        Sec. 16a-5.  Criminal background investigations.
 5        (a)  An  applicant  for  employment with the Chicago Park
 6    District  is  required  as  a  condition  of  employment   to
 7    authorize  an investigation to determine if the applicant has
 8    been convicted of any of  the  enumerated  criminal  or  drug
 9    offenses  in  subsection  (c)  of  this  Section  or has been
10    convicted, within 7 years of the application  for  employment
11    with the Chicago Park District, of any other felony under the
12    laws  of  this State or of any offense committed or attempted
13    in any other state or against the laws of the  United  States
14    that,  if  committed  or  attempted in this State, would have
15    been punishable as a felony under the  laws  of  this  State.
16    Authorization for the investigation shall be furnished by the
17    applicant  to the Chicago Park District. Upon receipt of this
18    authorization, the Chicago Park  District  shall  submit  the
19    applicant's  name,  sex,  race,  date  of  birth,  and social
20    security number to the Department of State  Police  on  forms
21    prescribed by the Department of State Police.  The Department
22    of  State  Police  shall  conduct  a  search  of the Illinois
23    criminal history record information database an investigation
24    to ascertain if the applicant being considered for employment
25    has been convicted of committing or attempting to commit  any
26    of the enumerated criminal or drug offenses in subsection (c)
27    of  this  Section  or  has  been  convicted, of committing or
28    attempting to commit within 7 years of  the  application  for
29    employment  with  the  Chicago  Park  District,  of any other
30    felony under the  laws  of  this  State  or  of  any  offense
31    committed or attempted in any other state or against the laws
32    of  the United States that, if committed or attempted in this
33    State, would have been punishable as a felony under the  laws
 
HB0564 Enrolled            -8-       LRB093 05574 MBS 05666 b
 1    of  this  State.  The Department of State Police shall charge
 2    the  Chicago  Park  District  a  fee   for   conducting   the
 3    investigation,  which  fee  shall  be  deposited in the State
 4    Police Services Fund and shall not exceed  the  cost  of  the
 5    inquiry.   The  applicant  shall  not be charged a fee by the
 6    Chicago Park District for the investigation.
 7        (b)  If the  search  of  the  Illinois  criminal  history
 8    record   database  indicates  that  the  applicant  has  been
 9    convicted of committing or attempting to commit  any  of  the
10    enumerated criminal or drug offenses in subsection (c) or has
11    been  convicted of committing or attempting to commit, within
12    7 years of the application for employment  with  the  Chicago
13    Park District, any other felony under the laws of this State,
14    the  Department  of  State  Police  and the Federal Bureau of
15    Investigation shall furnish, pursuant to a fingerprint  based
16    background   check,   positive   identification,  records  of
17    convictions, until expunged, to  the  General  Superintendent
18    and  Chief  Executive  Officer  of the Chicago Park District.
19    Any information concerning the record of convictions obtained
20    by the General Superintendent  and  Chief  Executive  Officer
21    shall  be  confidential  and may only be transmitted to those
22    persons who are necessary to the decision on whether to  hire
23    the  applicant  for  employment.   A  copy  of  the record of
24    convictions obtained from  the  Department  of  State  Police
25    shall  be  provided  to  the  applicant  for employment.  Any
26    person who releases any confidential  information  concerning
27    any criminal convictions of an applicant for employment shall
28    be  guilty  of  a  Class A misdemeanor, unless the release of
29    such information is authorized by this Section.
30        (c)  The Chicago Park District may not knowingly employ a
31    person who has been convicted for committing attempted  first
32    degree murder or for committing or attempting to commit first
33    degree  murder,  a  Class X felony, or any one or more of the
34    following offenses:  (i)  those  defined  in  Sections  11-6,
 
HB0564 Enrolled            -9-       LRB093 05574 MBS 05666 b
 1    11-9,  11-14,  11-15,  11-15.1,  11-16,  11-17, 11-18, 11-19,
 2    11-19.1,  11-19.2,  11-20,  11-20.1,  11-21,  12-13,   12-14,
 3    12-14.1,  12-15, and 12-16 of the Criminal Code of 1961; (ii)
 4    those defined in  the  Cannabis  Control  Act,  except  those
 5    defined  in  Sections 4(a), 4(b), and 5(a) of that Act; (iii)
 6    those defined in the Illinois Controlled Substances Act;  and
 7    (iv) any offense committed or attempted in any other state or
 8    against the laws of the United States, which, if committed or
 9    attempted in this State, would have been punishable as one or
10    more  of  the  foregoing offenses.  Further, the Chicago Park
11    District may not knowingly employ a person who has been found
12    to be the perpetrator of sexual  or  physical  abuse  of  any
13    minor  under  18  years  of age pursuant to proceedings under
14    Article II of the Juvenile Court Act of  1987.   The  Chicago
15    Park  District  may  not knowingly employ a person for whom a
16    criminal background investigation has not been initiated.
17    (Source: P.A. 91-885, eff. 7-6-00.)

18        Section  10.  The School  Code  is  amended  by  changing
19    Sections 10-21.9 and 34-18.5 as follows:

20        (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
21        Sec. 10-21.9.  Criminal background investigations.
22        (a)  After  August  1,  1985,  certified and noncertified
23    applicants for employment  with  a  school  district,  except
24    school  bus driver applicants, are required as a condition of
25    employment to authorize an investigation to determine if such
26    applicants have been  convicted  of  any  of  the  enumerated
27    criminal  or  drug offenses in subsection (c) of this Section
28    or have been convicted, within 7 years of the application for
29    employment with the school  district,  of  any  other  felony
30    under  the  laws of this State or of any offense committed or
31    attempted in any other state  or  against  the  laws  of  the
32    United  States that, if committed or attempted in this State,
 
HB0564 Enrolled            -10-      LRB093 05574 MBS 05666 b
 1    would have been punishable as a felony under the laws of this
 2    State. Authorization for the investigation shall be furnished
 3    by the applicant to the school district, except that  if  the
 4    applicant  is a substitute teacher seeking employment in more
 5    than  one  school  district,  a  teacher  seeking  concurrent
 6    part-time employment positions  with  more  than  one  school
 7    district  (as a reading specialist, special education teacher
 8    or otherwise), or an educational support  personnel  employee
 9    seeking employment positions with more than one district, any
10    such   district   may   require   the  applicant  to  furnish
11    authorization  for  the   investigation   to   the   regional
12    superintendent of the educational service region in which are
13    located  the  school  districts  in  which  the  applicant is
14    seeking employment as a substitute  or  concurrent  part-time
15    teacher or concurrent educational support personnel employee.
16    Upon  receipt  of  this authorization, the school district or
17    the appropriate regional superintendent, as the case may  be,
18    shall  submit  the applicant's name, sex, race, date of birth
19    and social security number to the Department of State  Police
20    on   forms   prescribed   by  the  Department.  The  regional
21    superintendent submitting the requisite  information  to  the
22    Department  of  State Police shall promptly notify the school
23    districts in which the applicant is seeking employment  as  a
24    substitute  or  concurrent  part-time  teacher  or concurrent
25    educational support personnel employee that the investigation
26    of the applicant has been requested. The Department of  State
27    Police  shall  conduct  a  search  of  the  Illinois criminal
28    history records database an investigation to ascertain if the
29    applicant being considered for employment has been  convicted
30    of  committing  or attempting to commit any of the enumerated
31    criminal or drug offenses  in  subsection  (c)  or  has  been
32    convicted  of  committing  or  attempting to commit, within 7
33    years of the  application  for  employment  with  the  school
34    district, of any other felony under the laws of this State or
 
HB0564 Enrolled            -11-      LRB093 05574 MBS 05666 b
 1    of  any  offense committed or attempted in any other state or
 2    against the laws of the United States that, if  committed  or
 3    attempted  in  this  State,  would  have been punishable as a
 4    felony under the laws of this State.   The  Department  shall
 5    charge  the  school  district  or  the  appropriate  regional
 6    superintendent a fee for conducting such investigation, which
 7    fee  shall be deposited in the State Police Services Fund and
 8    shall not exceed the cost of the inquiry; and  the  applicant
 9    shall  not  be  charged  a  fee for such investigation by the
10    school district  or  by  the  regional  superintendent.   The
11    regional superintendent may seek reimbursement from the State
12    Board  of  Education  or  the  appropriate school district or
13    districts for fees paid by the regional superintendent to the
14    Department  for  the   criminal   background   investigations
15    required by this Section.
16        (b)    If  the  search  of  the Illinois criminal history
17    records  database  indicates  that  the  applicant  has  been
18    convicted of committing or attempting to commit  any  of  the
19    enumerated criminal or drug offenses in subsection (c) or has
20    been  convicted of committing or attempting to commit, within
21    7 years before the application for employment with the school
22    district, any other felony under the laws of this State,  the
23    Department  and  the  Federal  Bureau  of Investigation shall
24    furnish, pursuant to a  fingerprint  based  background  check
25    positive   identification,   records  of  convictions,  until
26    expunged, to the president of the school board for the school
27    district  which  requested  the  investigation,  or  to   the
28    regional superintendent who requested the investigation.  Any
29    information  concerning the record of convictions obtained by
30    the  president  of  the  school   board   or   the   regional
31    superintendent   shall   be  confidential  and  may  only  be
32    transmitted to the superintendent of the school  district  or
33    his  designee, the appropriate regional superintendent if the
34    investigation was  requested  by  the  school  district,  the
 
HB0564 Enrolled            -12-      LRB093 05574 MBS 05666 b
 1    presidents   of   the   appropriate   school  boards  if  the
 2    investigation was requested  from  the  Department  of  State
 3    Police    by   the   regional   superintendent,   the   State
 4    Superintendent of Education, the State Teacher  Certification
 5    Board or any other person necessary to the decision of hiring
 6    the  applicant  for  employment.   A  copy  of  the record of
 7    convictions obtained from  the  Department  of  State  Police
 8    shall  be  provided  to  the  applicant for employment. If an
 9    investigation of an applicant for employment as a  substitute
10    or  concurrent  part-time  teacher  or concurrent educational
11    support personnel employee in more than one  school  district
12    was   requested  by  the  regional  superintendent,  and  the
13    Department of State Police upon investigation ascertains that
14    the applicant has not been convicted of any of the enumerated
15    criminal or drug offenses in subsection (c) or has  not  been
16    convicted,  within  7 years of the application for employment
17    with the school district, of any other felony under the  laws
18    of this State or of any offense committed or attempted in any
19    other state or against the laws of the United States that, if
20    committed  or  attempted  in  this  State,  would  have  been
21    punishable  as  a  felony under the laws of this State and so
22    notifies  the  regional  superintendent,  then  the  regional
23    superintendent shall issue to  the  applicant  a  certificate
24    evidencing that as of the date specified by the Department of
25    State  Police  the applicant has not been convicted of any of
26    the enumerated criminal or drug offenses in subsection (c) or
27    has not been convicted, within 7 years of the application for
28    employment with the school  district,  of  any  other  felony
29    under  the  laws of this State or of any offense committed or
30    attempted in any other state  or  against  the  laws  of  the
31    United  States that, if committed or attempted in this State,
32    would have been punishable as a felony under the laws of this
33    State.  The school board of any school  district  located  in
34    the   educational  service  region  served  by  the  regional
 
HB0564 Enrolled            -13-      LRB093 05574 MBS 05666 b
 1    superintendent who issues such a certificate to an  applicant
 2    for  employment as a substitute teacher in more than one such
 3    district may rely on the certificate issued by  the  regional
 4    superintendent  to  that  applicant,  or may initiate its own
 5    investigation of the  applicant  through  the  Department  of
 6    State  Police  as  provided in subsection (a). Any person who
 7    releases any confidential information concerning any criminal
 8    convictions of an applicant for employment shall be guilty of
 9    a Class A misdemeanor, unless the release of such information
10    is authorized by this Section.
11        (c)  No school board shall knowingly employ a person  who
12    has  been  convicted  for  committing  attempted first degree
13    murder or for committing or attempting to commit first degree
14    murder or a Class  X  felony  or  any  one  or  more  of  the
15    following offenses: (i) those defined in Sections 11-6, 11-9,
16    11-14,  11-15,  11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
17    11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1,  12-15
18    and  12-16 of the "Criminal Code of 1961"; (ii) those defined
19    in  the  "Cannabis  Control  Act"  except  those  defined  in
20    Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
21    in the "Illinois Controlled Substances  Act";  and  (iv)  any
22    offense  committed or attempted in any other state or against
23    the  laws  of  the  United  States,  which  if  committed  or
24    attempted in this State, would have been punishable as one or
25    more of the foregoing  offenses.  Further,  no  school  board
26    shall  knowingly employ a person who has been found to be the
27    perpetrator of sexual or physical abuse of any minor under 18
28    years of age pursuant to proceedings under Article II of  the
29    Juvenile Court Act of 1987.
30        (d)  No  school board shall knowingly employ a person for
31    whom  a  criminal  background  investigation  has  not   been
32    initiated.
33        (e)  Upon  receipt  of the record of a conviction of or a
34    finding of child abuse by a holder of any certificate  issued
 
HB0564 Enrolled            -14-      LRB093 05574 MBS 05666 b
 1    pursuant  to  Article  21  or  Section 34-8.1 or 34-83 of the
 2    School  Code,  the  appropriate  regional  superintendent  of
 3    schools  or  the  State  Superintendent  of  Education  shall
 4    initiate   the   certificate   suspension   and    revocation
 5    proceedings authorized by law.
 6        (f)  After January 1, 1990 the provisions of this Section
 7    shall  apply  to  all  employees  of persons or firms holding
 8    contracts with any school district including, but not limited
 9    to, food  service  workers,  school  bus  drivers  and  other
10    transportation employees, who have direct, daily contact with
11    the  pupils  of  any school in such district. For purposes of
12    criminal background investigations on employees of persons or
13    firms holding contracts with more than  one  school  district
14    and  assigned  to more than one school district, the regional
15    superintendent of the educational service region in which the
16    contracting school districts are located may, at the  request
17    of any such school district, be responsible for receiving the
18    authorization   for   investigation  prepared  by  each  such
19    employee and submitting the same to the Department  of  State
20    Police.   Any information concerning the record of conviction
21    of any such employee obtained by the regional  superintendent
22    shall   be   promptly   reported  to  the  president  of  the
23    appropriate school board or school boards.
24    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

25        (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
26        Sec. 34-18.5.  Criminal background investigations.
27        (a)  After August 1,  1985,  certified  and  noncertified
28    applicants  for  employment  with  the  school  district  are
29    required  as  a  condition  of  employment  to  authorize  an
30    investigation  to  determine  if  such  applicants  have been
31    convicted of any of the enumerated criminal or drug  offenses
32    in  subsection  (c)  of  this Section or have been convicted,
33    within 7 years of the application  for  employment  with  the
 
HB0564 Enrolled            -15-      LRB093 05574 MBS 05666 b
 1    school  district,  of any other felony under the laws of this
 2    State or of any offense committed or attempted in  any  other
 3    state  or  against  the  laws  of  the United States that, if
 4    committed  or  attempted  in  this  State,  would  have  been
 5    punishable  as  a  felony  under  the  laws  of  this  State.
 6    Authorization for the investigation shall be furnished by the
 7    applicant  to  the  school  district,  except  that  if   the
 8    applicant  is a substitute teacher seeking employment in more
 9    than one school district, or  a  teacher  seeking  concurrent
10    part-time  employment  positions  with  more  than one school
11    district (as a reading specialist, special education  teacher
12    or  otherwise),  or an educational support personnel employee
13    seeking employment positions with more than one district, any
14    such  district  may  require   the   applicant   to   furnish
15    authorization   for   the   investigation   to  the  regional
16    superintendent of the educational service region in which are
17    located the  school  districts  in  which  the  applicant  is
18    seeking  employment  as  a substitute or concurrent part-time
19    teacher or concurrent educational support personnel employee.
20    Upon receipt of this authorization, the  school  district  or
21    the  appropriate regional superintendent, as the case may be,
22    shall submit the applicant's name, sex, race, date  of  birth
23    and  social security number to the Department of State Police
24    on  forms  prescribed  by  the   Department.   The   regional
25    superintendent  submitting  the  requisite information to the
26    Department of State Police shall promptly notify  the  school
27    districts  in  which the applicant is seeking employment as a
28    substitute or  concurrent  part-time  teacher  or  concurrent
29    educational support personnel employee that the investigation
30    of  the applicant has been requested. The Department of State
31    Police shall  conduct  a  search  of  the  Illinois  Criminal
32    history  record  information  database  an  investigation  to
33    ascertain  if  the  applicant being considered for employment
34    has been convicted of committing or attempting to commit  any
 
HB0564 Enrolled            -16-      LRB093 05574 MBS 05666 b
 1    of the enumerated criminal or drug offenses in subsection (c)
 2    or  has been convicted of committing or attempting to commit,
 3    within 7 years of the application  for  employment  with  the
 4    school  district,  of any other felony under the laws of this
 5    State or of any offense committed or attempted in  any  other
 6    state  or  against  the  laws  of  the United States that, if
 7    committed  or  attempted  in  this  State,  would  have  been
 8    punishable as a felony under the laws  of  this  State.   The
 9    Department   shall   charge   the   school  district  or  the
10    appropriate regional superintendent a fee for conducting such
11    investigation, which fee shall  be  deposited  in  the  State
12    Police  Services  Fund  and  shall not exceed the cost of the
13    inquiry; and the applicant shall not be  charged  a  fee  for
14    such  investigation by the school district or by the regional
15    superintendent.   The  regional   superintendent   may   seek
16    reimbursement  from  the  State  Board  of  Education  or the
17    appropriate school district or districts for fees paid by the
18    regional superintendent to the Department  for  the  criminal
19    background investigations required by this Section.
20        (b)  If  the  search  of  the  Illinois  criminal history
21    records  database  indicates  that  the  applicant  has  been
22    convicted of committing or attempting to commit  any  of  the
23    enumerated criminal or drug offenses in subsection (c) or has
24    been  convicted of committing or attempting to commit, within
25    7 years of the application for  employment  with  the  school
26    district,  any other felony under the laws of this State, the
27    Department and the  Federal  Bureau  of  Investigation  shall
28    furnish,  pursuant  to  a  fingerprint based background check
29    positive  identification,  records  of   convictions,   until
30    expunged,  to the president of the board of education for the
31    school district which requested the investigation, or to  the
32    regional superintendent who requested the investigation.  Any
33    information  concerning the record of convictions obtained by
34    the president of the  board  of  education  or  the  regional
 
HB0564 Enrolled            -17-      LRB093 05574 MBS 05666 b
 1    superintendent   shall   be  confidential  and  may  only  be
 2    transmitted to  the  general  superintendent  of  the  school
 3    district   or   his   designee,   the   appropriate  regional
 4    superintendent if the  investigation  was  requested  by  the
 5    board of education for the school district, the presidents of
 6    the  appropriate  board  of education or school boards if the
 7    investigation was requested  from  the  Department  of  State
 8    Police    by   the   regional   superintendent,   the   State
 9    Superintendent of Education, the State Teacher  Certification
10    Board or any other person necessary to the decision of hiring
11    the  applicant  for  employment.  A  copy  of  the  record of
12    convictions obtained from  the  Department  of  State  Police
13    shall  be  provided  to  the  applicant for employment. If an
14    investigation of an applicant for employment as a  substitute
15    or  concurrent  part-time  teacher  or concurrent educational
16    support personnel employee in more than one  school  district
17    was   requested  by  the  regional  superintendent,  and  the
18    Department of State Police upon investigation ascertains that
19    the applicant has not been convicted of any of the enumerated
20    criminal or drug offenses in subsection (c) or has  not  been
21    convicted,  within  7 years of the application for employment
22    with the school district, of any other felony under the  laws
23    of this State or of any offense committed or attempted in any
24    other state or against the laws of the United States that, if
25    committed  or  attempted  in  this  State,  would  have  been
26    punishable  as  a  felony under the laws of this State and so
27    notifies  the  regional  superintendent,  then  the  regional
28    superintendent shall issue to  the  applicant  a  certificate
29    evidencing that as of the date specified by the Department of
30    State  Police  the applicant has not been convicted of any of
31    the enumerated criminal or drug offenses in subsection (c) or
32    has not been convicted, within 7 years of the application for
33    employment with the school  district,  of  any  other  felony
34    under  the  laws of this State or of any offense committed or
 
HB0564 Enrolled            -18-      LRB093 05574 MBS 05666 b
 1    attempted in any other state  or  against  the  laws  of  the
 2    United  States that, if committed or attempted in this State,
 3    would have been punishable as a felony under the laws of this
 4    State.  The school board of any school  district  located  in
 5    the   educational  service  region  served  by  the  regional
 6    superintendent who issues such a certificate to an  applicant
 7    for  employment  as  a  substitute  or  concurrent  part-time
 8    teacher  or concurrent educational support personnel employee
 9    in more than one such district may rely  on  the  certificate
10    issued  by  the regional superintendent to that applicant, or
11    may initiate its own investigation of the  applicant  through
12    the Department of State Police as provided in subsection (a).
13    Any   person   who   releases  any  confidential  information
14    concerning any  criminal  convictions  of  an  applicant  for
15    employment  shall  be guilty of a Class A misdemeanor, unless
16    the  release  of  such  information  is  authorized  by  this
17    Section.
18        (c)  The board of education shall not knowingly employ  a
19    person  who has been convicted for committing attempted first
20    degree murder or for committing or attempting to commit first
21    degree murder or a Class X felony or any one or more  of  the
22    following  offenses:   (i)  those  defined  in Sections 11-6,
23    11-9, 11-14, 11-15,  11-15.1,  11-16,  11-17,  11-18,  11-19,
24    11-19.1,   11-19.2,  11-20,  11-20.1,  11-21,  12-13,  12-14,
25    12-14.1, 12-15 and 12-16 of the Criminal Code of  1961;  (ii)
26    those  defined  in  the  Cannabis  Control  Act, except those
27    defined in Sections 4(a), 4(b) and 5(a) of  that  Act;  (iii)
28    those  defined in the Illinois Controlled Substances Act; and
29    (iv) any offense committed or attempted in any other state or
30    against the laws of the United States, which if committed  or
31    attempted in this State, would have been punishable as one or
32    more  of  the  foregoing  offenses.  Further,  the  board  of
33    education  shall  not  knowingly employ a person who has been
34    found to be the perpetrator of sexual or  physical  abuse  of
 
HB0564 Enrolled            -19-      LRB093 05574 MBS 05666 b
 1    any minor under 18 years of age pursuant to proceedings under
 2    Article II of the Juvenile Court Act of 1987.
 3        (d)  The  board of education shall not knowingly employ a
 4    person for whom a criminal background investigation  has  not
 5    been initiated.
 6        (e)  Upon  receipt  of the record of a conviction of or a
 7    finding of child abuse by a holder of any certificate  issued
 8    pursuant  to  Article  21  or  Section 34-8.1 or 34-83 of the
 9    School  Code,  the  board   of   education   or   the   State
10    Superintendent  of  Education  shall initiate the certificate
11    suspension and revocation proceedings authorized by law.
12        (f)  After March 19, 1990, the provisions of this Section
13    shall apply to all employees  of  persons  or  firms  holding
14    contracts with any school district including, but not limited
15    to,  food  service  workers,  school  bus  drivers  and other
16    transportation employees, who have direct, daily contact with
17    the pupils of any school in such district.  For  purposes  of
18    criminal background investigations on employees of persons or
19    firms  holding  contracts  with more than one school district
20    and assigned to more than one school district,  the  regional
21    superintendent of the educational service region in which the
22    contracting  school districts are located may, at the request
23    of any such school district, be responsible for receiving the
24    authorization  for  investigation  prepared  by   each   such
25    employee  and  submitting the same to the Department of State
26    Police.  Any information concerning the record of  conviction
27    of  any such employee obtained by the regional superintendent
28    shall  be  promptly  reported  to  the   president   of   the
29    appropriate school board or school boards.
30    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

31        Section   15.   The  Child Care Act of 1969 is amended by
32    changing Section 4.1 as follows:
 
HB0564 Enrolled            -20-      LRB093 05574 MBS 05666 b
 1        (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
 2        Sec.  4.1.   Criminal  Background   Investigations.   The
 3    Department  shall  require  that  each  child  care  facility
 4    license  applicant  as  part  of the application process, and
 5    each employee of a child care  facility  as  a  condition  of
 6    employment,  authorize  an investigation to determine if such
 7    applicant or employee has ever been charged with a crime  and
 8    if  so,  the disposition of those charges; this authorization
 9    shall indicate the scope of  the  inquiry  and  the  agencies
10    which may be contacted. Upon this authorization, the Director
11    shall request and receive information and assistance from any
12    federal,  State  or  local governmental agency as part of the
13    authorized investigation. Each applicant shall submit his  or
14    her  fingerprints  to  the  Department of State Police in the
15    form and manner prescribed by the Department of State Police.
16    These fingerprints shall be checked against  the  fingerprint
17    records  now  and  hereafter filed in the Department of State
18    Police and Federal Bureau of Investigation  criminal  history
19    records  databases.   The  Department  of  State Police shall
20    charge a fee for  conducting  the  criminal  history  records
21    check,  which shall be deposited in the State Police Services
22    Fund and shall not exceed the  actual  cost  of  the  records
23    check.   The   Department   of  State  Police  shall  provide
24    information  concerning  any  criminal  charges,  and   their
25    disposition,  now or hereafter filed, against an applicant or
26    child care facility employee upon request of  the  Department
27    of  Children  and Family Services when the request is made in
28    the form and manner  required  by  the  Department  of  State
29    Police.
30        Information concerning convictions of a license applicant
31    investigated  under this Section, including the source of the
32    information and any conclusions  or  recommendations  derived
33    from  the  information,  shall  be provided, upon request, to
34    such applicant prior to final action by the Department on the
 
HB0564 Enrolled            -21-      LRB093 05574 MBS 05666 b
 1    application. State conviction  information  provided  by  the
 2    Department  of  State  Police  regarding  Such information on
 3    convictions of employees or prospective  employees  of  child
 4    care  facilities licensed under this Act shall be provided to
 5    the operator of such facility,  and,  upon  request,  to  the
 6    employee  or prospective employee. Any information concerning
 7    criminal charges and the disposition of such charges obtained
 8    by the Department  shall  be  confidential  and  may  not  be
 9    transmitted   outside  the  Department,  except  as  required
10    herein, and may not  be  transmitted  to  anyone  within  the
11    Department  except as needed for the purpose of evaluating an
12    application  or  a  child  care   facility   employee.   Only
13    information   and  standards  which  bear  a  reasonable  and
14    rational relation to the performance of a child care facility
15    shall be used by the Department or any licensee. Any employee
16    of the Department of Children and Family Services, Department
17    of  State  Police,  or  a  child  care   facility   receiving
18    confidential  information  under  this  Section  who gives or
19    causes to be given any  confidential  information  concerning
20    any  criminal convictions of a child care facility applicant,
21    or child care facility employee, shall be guilty of a Class A
22    misdemeanor unless release of such information is  authorized
23    by this Section.
24        A  child care facility may hire, on a probationary basis,
25    any employee authorizing a criminal background  investigation
26    under this Section, pending the result of such investigation.
27    Employees  shall  be  notified  prior  to  hiring  that  such
28    employment  may  be  terminated  on  the  basis  of  criminal
29    background information obtained by the facility.
30    (Source: P.A. 84-158.)

31        Section   20.   The Nursing and Advanced Practice Nursing
32    Act is amended by changing Section 5-23 as follows:
 
HB0564 Enrolled            -22-      LRB093 05574 MBS 05666 b
 1        (225 ILCS 65/5-23)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec.  5-23.   Criminal  background  check.    After   the
 4    effective  date  of  this  amendatory Act of the 91st General
 5    Assembly, the  Department  shall  require  an  applicant  for
 6    initial  licensure  under  this  Act  to submit to a criminal
 7    background check by the Illinois State Police and the Federal
 8    Bureau of Investigation as  part  of  the  qualification  for
 9    licensure.   If  an  applicant's  criminal  background  check
10    indicates  criminal  conviction,  the  applicant must further
11    submit to a fingerprint-based criminal background check.  The
12    applicant's  name,  sex,  race,  date  of  birth,  and social
13    security number shall be  forwarded  to  the  Illinois  State
14    Police  to  be searched against the Illinois criminal history
15    records database in the form and  manner  prescribed  by  the
16    Illinois  State  Police.   The  Illinois  State  Police shall
17    charge a fee  for  conducting  the  search,  which  shall  be
18    deposited  in  the  State  Police Services Fund and shall not
19    exceed the cost of the inquiry.  If a search of the  Illinois
20    criminal   history   records   database  indicates  that  the
21    applicant  has  a  conviction  record,  a  fingerprint  based
22    criminal history  records  check  shall  be  required.   Each
23    applicant  requiring  a fingerprint based search shall submit
24    his or her fingerprints to the Illinois State Police  in  the
25    form  and  manner  prescribed  by  the Illinois State Police.
26    These fingerprints shall be checked against  the  fingerprint
27    records  now and hereafter filed in the Illinois State Police
28    and Federal Bureau of Investigation criminal history  records
29    databases.   The Illinois State Police shall charge a fee for
30    conducting the criminal history records check, which shall be
31    deposited in the State Police Services  Fund  and  shall  not
32    exceed  the  actual  cost of the records check.  The Illinois
33    State   Police   shall   furnish,   pursuant   to    positive
34    identification,   records  of  Illinois  convictions  to  the
 
HB0564 Enrolled            -23-      LRB093 05574 MBS 05666 b
 1    Department. The Department shall  adopt  rules  to  implement
 2    this Section.
 3    (Source: P.A. 91-369, eff. 1-1-00; 92-744, eff. 7-25-02.)

 4        Section   25.   The  Illinois Horse Racing Act of 1975 is
 5    amended by changing Section 15 as follows:

 6        (230 ILCS 5/15) (from Ch. 8, par. 37-15)
 7        Sec. 15.  (a) The Board shall, in its  discretion,  issue
 8    occupation   licenses  to  horse  owners,  trainers,  harness
 9    drivers,  jockeys,  agents,   apprentices,   grooms,   stable
10    foremen,    exercise    persons,    veterinarians,    valets,
11    blacksmiths,  concessionaires  and  others  designated by the
12    Board whose work, in whole or  in  part,  is  conducted  upon
13    facilities  within  the State.  Such occupation licenses will
14    be obtained prior to the  persons engaging in their  vocation
15    upon such facilities. The Board shall not license pari-mutuel
16    clerks,  parking attendants, security guards and employees of
17    concessionaires.  No occupation license shall be required  of
18    any  person  who  works  at facilities within this State as a
19    pari-mutuel clerk, parking attendant, security guard or as an
20    employee of a concessionaire. Concessionaires of the Illinois
21    State Fair and  DuQuoin  State  Fair  and  employees  of  the
22    Illinois  Department  of Agriculture shall not be required to
23    obtain an occupation license by the Board.
24        (b)  Each application for an occupation license shall  be
25    on forms prescribed by the Board.  Such license, when issued,
26    shall  be  for  the  period  ending December 31 of each year,
27    except that the Board in  its  discretion  may  grant  3-year
28    licenses.   The  application shall be accompanied by a fee of
29    not more than  $25  per  year  or,  in  the  case  of  3-year
30    occupation  license applications, a fee of not more than $60.
31    Each applicant shall set forth in the  application  his  full
32    name  and address, and if he had been issued prior occupation
 
HB0564 Enrolled            -24-      LRB093 05574 MBS 05666 b
 1    licenses or has been licensed in any other  state  under  any
 2    other  name,  such  name, his age, whether or not a permit or
 3    license issued to him in any other state has  been  suspended
 4    or revoked and if so whether such suspension or revocation is
 5    in  effect  at  the  time  of the application, and such other
 6    information as the Board may require. Fees  for  registration
 7    of stable names shall not exceed $50.00.
 8        (c)  The Board may in its discretion refuse an occupation
 9    license to any person:
10             (1)  who has been convicted of a crime;
11             (2)  who   is  unqualified  to  perform  the  duties
12        required of such applicant;
13             (3)  who fails to disclose  or  states  falsely  any
14        information called for in the application;
15             (4)  who  has  been  found  guilty of a violation of
16        this Act or of the rules and regulations of the Board; or
17             (5)  whose license or  permit  has  been  suspended,
18        revoked or denied for just cause in any other state.
19        (d)  The  Board  may  suspend  or  revoke  any occupation
20    license:
21             (1)  for violation of any of the provisions of  this
22        Act; or
23             (2)  for   violation   of   any   of  the  rules  or
24        regulations of the Board; or
25             (3)  for any cause which, if  known  to  the  Board,
26        would  have justified the Board in refusing to issue such
27        occupation license; or
28             (4)  for any other just cause.
29        (e)   Each applicant shall submit his or her fingerprints
30    to the Department of State Police  in  the  form  and  manner
31    prescribed   by   the  Department  of  State  Police.   These
32    fingerprints shall be checked against the fingerprint records
33    now and hereafter filed in the Department of State Police and
34    Federal Bureau  of  Investigation  criminal  history  records
 
HB0564 Enrolled            -25-      LRB093 05574 MBS 05666 b
 1    databases.  The Department of State Police shall charge a fee
 2    for  conducting  the  criminal  history  records check, which
 3    shall be deposited in the  State  Police  Services  Fund  and
 4    shall  not  exceed  the actual cost of the records check. The
 5    Department  of  State  Police  shall  furnish,  pursuant   to
 6    positive  identification, records of conviction to the Board.
 7    Each applicant for licensure shall submit with his occupation
 8    license application, on forms provided by the Board,  2  sets
 9    of  his  fingerprints.  All  such  applicants shall appear in
10    person at the  location  designated  by  the  Board  for  the
11    purpose  of  submitting  such  sets of fingerprints; however,
12    with the prior approval of a State steward, an applicant  may
13    have  such  sets  of  fingerprints  taken  by an official law
14    enforcement agency and submitted to the Board.
15        The Board shall cause one set of such fingerprints to  be
16    compared  with  fingerprints  of  criminals  now or hereafter
17    filed in the records of  the  Illinois  Department  of  State
18    Police.   The  Board shall also cause such fingerprints to be
19    compared with fingerprints  of  criminals  now  or  hereafter
20    filed  in  the  records  of  other official fingerprint files
21    within or without this State.
22        The Board may, in its discretion, require  the  applicant
23    to  pay  a  fee  for  the  purpose of having his fingerprints
24    processed.  The  fingerprint  processing  fee  shall  be  set
25    annually  by  the Director of State Police, based upon actual
26    costs.
27        (f)  The  Board  may,  in  its   discretion,   issue   an
28    occupation  license  without submission of fingerprints if an
29    applicant has been duly licensed in another recognized racing
30    jurisdiction  after   submitting   fingerprints   that   were
31    subjected  to  a  Federal  Bureau  of  Investigation criminal
32    history background check in that jurisdiction.
33    (Source: P.A. 91-40, eff. 6-25-99.)
 
HB0564 Enrolled            -26-      LRB093 05574 MBS 05666 b
 1        Section  30.  The Riverboat Gambling Act  is  amended  by
 2    changing Section 22 as follows:

 3        (230 ILCS 10/22) (from Ch. 120, par. 2422)
 4        Sec.  22.   Criminal history record information. Whenever
 5    the Board is authorized or required by law to  consider  some
 6    aspect of criminal history record information for the purpose
 7    of  carrying  out  its statutory powers and responsibilities,
 8    the Board shall, in the  form  and  manner  required  by  the
 9    Department   of  State  Police  and  the  Federal  Bureau  of
10    Investigation, cause  to  be  conducted  a  criminal  history
11    record  investigation  to obtain any information currently or
12    thereafter contained in the files of the Department of  State
13    Police or the Federal Bureau of Investigation. Each applicant
14    for  occupational  licensing under Section 9 or key person as
15    defined by the Board in administrative rules shall submit his
16    or her fingerprints to the Department of State Police in  the
17    form and manner prescribed by the Department of State Police.
18    These  fingerprints  shall be checked against the fingerprint
19    records now and hereafter filed in the  Department  of  State
20    Police  and  Federal Bureau of Investigation criminal history
21    records databases.  The  Department  of  State  Police  shall
22    charge  a  fee  for  conducting  the criminal history records
23    check, which shall be deposited in the State Police  Services
24    Fund  and  shall  not  exceed  the actual cost of the records
25    check. The Department of State Police shall provide,  on  the
26    Board's request, information concerning any criminal charges,
27    and  their disposition, currently or thereafter filed against
28    an applicant  for  or  holder  of  an  occupational  license.
29    Information  obtained  as  a result of an investigation under
30    this Section shall be used in determining eligibility for  an
31    occupational  license  under  Section  9.  Upon  request  and
32    payment  of  fees  in  conformance  with  the requirements of
33    Section 2605-400 of the Department of State  Police  Law  (20
 
HB0564 Enrolled            -27-      LRB093 05574 MBS 05666 b
 1    ILCS  2605/2605-400),  the  Department  of  State  Police  is
 2    authorized  to  furnish, pursuant to positive identification,
 3    such information contained in State files as is necessary  to
 4    fulfill the request.
 5    (Source: P.A. 91-239, eff. 1-1-00.)

 6        Section  35. The Liquor Control Act of 1934 is amended by
 7    changing Section 4-7 as follows:

 8        (235 ILCS 5/4-7) (from Ch. 43, par. 114a)
 9        Sec.  4-7.   The  local liquor control commissioner shall
10    have the right to require fingerprints of any applicant for a
11    local  license  or  for  a  renewal  thereof  other  than  an
12    applicant who is an air carrier operating under a certificate
13    or a foreign  air  permit  issued  pursuant  to  the  Federal
14    Aviation  Act of 1958. Each applicant shall submit his or her
15    fingerprints to the Department of State Police  in  the  form
16    and  manner  prescribed  by  the  Department of State Police.
17    These fingerprints shall be checked against  the  fingerprint
18    records  now  and  hereafter filed in the Department of State
19    Police and Federal Bureau of Investigation  criminal  history
20    records  databases.   The  Department  of  State Police shall
21    charge a fee for  conducting  the  criminal  history  records
22    check,  which shall be deposited in the State Police Services
23    Fund and shall not exceed the  actual  cost  of  the  records
24    check.  The Department of State Police shall furnish pursuant
25    to  positive  identification,  records  of  conviction to the
26    local liquor control commissioner. For purposes of  obtaining
27    fingerprints   under   this   Section,   the   local   liquor
28    commissioner  shall  collect a fee and forward the fee to the
29    appropriate policing body who shall submit  the  fingerprints
30    and the fee to the Illinois Department of State Police.
31    (Source: P.A. 84-1081.)
 
HB0564 Enrolled            -28-      LRB093 05574 MBS 05666 b
 1        Section   40.   The Housing Authorities Act is amended by
 2    changing Section 25 as follows:

 3        (310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
 4        Sec. 25.  Rentals and tenant selection.  In the operation
 5    or management of housing projects an Authority shall  at  all
 6    times  observe  the  following duties with respect to rentals
 7    and tenant selection:
 8        (a)  It shall not accept any person as a  tenant  in  any
 9    dwelling in a housing project if the persons who would occupy
10    the  dwelling have an aggregate annual income which equals or
11    exceeds the amount  which  the  Authority  determines  (which
12    determination  shall  be conclusive) to be necessary in order
13    to  enable  such  persons  to  secure  safe,   sanitary   and
14    uncongested   dwelling  accommodations  within  the  area  of
15    operation  of  the  Authority  and  to  provide  an  adequate
16    standard of living for themselves.
17        (b)  It may rent or  lease  the  dwelling  accommodations
18    therein only at rentals within the financial reach of persons
19    who  lack  the amount of income which it determines (pursuant
20    to (a) of this Section) to be necessary in  order  to  obtain
21    safe, sanitary and uncongested dwelling accommodations within
22    the  area  of  operation  of  the Authority and to provide an
23    adequate standard of living.
24        (c)  It  may  rent  or  lease  to  a  tenant  a  dwelling
25    consisting of the number of rooms  (but  no  greater  number)
26    which  it  deems  necessary  to  provide  safe  and  sanitary
27    accommodations  to  the  proposed  occupants thereof, without
28    overcrowding.
29        (d)  It shall not change the residency preference of  any
30    prospective  tenant once the application has been accepted by
31    the authority.
32        (e)  It may refuse to renew the tenancy of any person if,
33    after due notice and an impartial hearing, that person or any
 
HB0564 Enrolled            -29-      LRB093 05574 MBS 05666 b
 1    of the proposed occupants of the dwelling has, during a  term
 2    of tenancy or occupancy in any housing project operated by an
 3    Authority,  been  convicted of a criminal offense relating to
 4    the sale or distribution of controlled substances  under  the
 5    laws  of  this  State,  the United States or any other state.
 6    Confirmation of conviction data  shall  be  determined  by  a
 7    fingerprint  based  criminal  history records check.  In such
 8    cases,  the  tenant  or  proposed  occupant   to   whom   the
 9    disqualifying conviction record belongs shall have his or her
10    fingerprints  submitted  to the Department of State Police in
11    the form and manner prescribed by  the  Department  of  State
12    Police.   These  fingerprints  shall  be  checked against the
13    fingerprint records now and hereafter filed in the Department
14    of State Police and Federal Bureau of Investigation  criminal
15    history  records  databases.   The Department of State Police
16    shall charge  a  fee  for  conducting  the  criminal  history
17    records  check,  which shall be deposited in the State Police
18    Services Fund and shall not exceed the  actual  cost  of  the
19    records  check.  The Department of State Police shall furnish
20    pursuant to positive identification, records of conviction to
21    the Authority.
22        (f)  It may, if a tenant  has  created  or  maintained  a
23    threat  constituting a serious and clear danger to the health
24    or safety of other tenants or Authority  employees,  after  3
25    days'  written  notice  of termination and without a hearing,
26    file suit against any such tenant for recovery of  possession
27    of  the  premises.  The tenant shall be given the opportunity
28    to contest the  termination  in  the  court  proceedings.   A
29    serious  and  clear  danger  to the health or safety of other
30    tenants or Authority employees  shall  include,  but  not  be
31    limited  to, any of the following activities of the tenant or
32    of any other person on the premises with the consent  of  the
33    tenant:
34             (1)  Physical  assault  or  the  threat  of physical
 
HB0564 Enrolled            -30-      LRB093 05574 MBS 05666 b
 1        assault.
 2             (2)  Illegal use of a firearm or other weapon or the
 3        threat to use in an illegal manner  a  firearm  or  other
 4        weapon.
 5             (3)  Possession  of  a  controlled  substance by the
 6        tenant or any other  person  on  the  premises  with  the
 7        consent  of  the tenant if the tenant knew or should have
 8        known  of  the  possession  by  the  other  person  of  a
 9        controlled substance, unless the controlled substance was
10        obtained  directly  from   or   pursuant   to   a   valid
11        prescription.
12             (4)  Streetgang   membership   as   defined  in  the
13        Illinois Streetgang Terrorism Omnibus Prevention Act.
14        The  management  of  low-rent  public  housing   projects
15    financed  and  developed  under  the U.S. Housing Act of 1937
16    shall be in accordance with that Act.
17        Nothing contained in this Section or any other Section of
18    this Act shall be construed  as  limiting  the  power  of  an
19    Authority  to  vest  in a bondholder or trustee the right, in
20    the event of a default by the Authority, to  take  possession
21    and  operate  a housing project or cause the appointment of a
22    receiver thereof, free from all restrictions imposed by  this
23    Section or any other Section of this Act.
24    (Source: P.A. 89-351, eff. 1-1-96.)

25        Section   45.   The  Illinois  Vehicle Code is amended by
26    changing Sections 6-411 and 18a-200 as follows:

27        (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
28        Sec.   6-411.    Qualifications   of   Driver    Training
29    Instructors.  In  order  to  qualify  for  a  license  as  an
30    instructor for a driving school, an applicant must:
31        (a)  Be of good moral character;
32        (b)  Authorize  an  investigation  to  determine  if  the
 
HB0564 Enrolled            -31-      LRB093 05574 MBS 05666 b
 1    applicant  has  ever been convicted of a crime and if so, the
 2    disposition of those convictions;  this  authorization  shall
 3    indicate  the scope of the inquiry and the agencies which may
 4    be contacted.  Upon this authorization the Secretary of State
 5    may request and receive information and assistance  from  any
 6    federal,  state  or  local governmental agency as part of the
 7    authorized investigation. Each applicant shall submit his  or
 8    her  fingerprints  to  the  Department of State Police in the
 9    form and manner prescribed by the Department of State Police.
10    These fingerprints shall be checked against  the  fingerprint
11    records  now  and  hereafter filed in the Department of State
12    Police and Federal Bureau of Investigation  criminal  history
13    records  databases.   The  Department  of  State Police shall
14    charge a fee for  conducting  the  criminal  history  records
15    check,  which shall be deposited in the State Police Services
16    Fund and shall not exceed the  actual  cost  of  the  records
17    check.   The   Department   of  State  Police  shall  provide
18    information concerning any criminal  convictions,  and  their
19    disposition,  brought  against  the applicant upon request of
20    the Secretary of State when the request is made in  the  form
21    and  manner  required by the Department of State Police.  The
22    information derived from  this  investigation  including  the
23    source   of   this   information,   and  any  conclusions  or
24    recommendations  derived  from  this   information   by   the
25    Secretary of State shall be provided to the applicant, or his
26    designee,  upon  request  to the Secretary of State, prior to
27    any  final  action  by  the  Secretary  of   State   on   the
28    application.  No information obtained from such investigation
29    may  be  placed  in  any  automated  information  system. Any
30    criminal  convictions  and  their   disposition   information
31    obtained  by the Secretary of State shall be confidential and
32    may not be transmitted outside the Office of the Secretary of
33    State, except as required herein, and may not be  transmitted
34    to  anyone within the Office of the Secretary of State except
 
HB0564 Enrolled            -32-      LRB093 05574 MBS 05666 b
 1    as needed for the purpose of evaluating  the  applicant.  The
 2    only  physical  identity materials which the applicant can be
 3    required to provide the Secretary of State are photographs or
 4    fingerprints; these shall be returned to the  applicant  upon
 5    request  to  the  Secretary of State, after the investigation
 6    has been completed and no copy of these materials may be kept
 7    by the Secretary  of  State  or  any  agency  to  which  such
 8    identity  materials  were  transmitted.  Only information and
 9    standards which bear a reasonable and  rational  relation  to
10    the performance of a driver training instructor shall be used
11    by  the Secretary of State.  Any employee of the Secretary of
12    State who gives or causes to be given away  any  confidential
13    information   concerning   any  criminal  charges  and  their
14    disposition of an applicant shall be  guilty  of  a  Class  A
15    misdemeanor  unless release of such information is authorized
16    by this Section;
17        (c)  Pass such examination  as  the  Secretary  of  State
18    shall   require   on  (1)  traffic  laws,  (2)  safe  driving
19    practices,  (3)  operation  of  motor   vehicles,   and   (4)
20    qualifications of teacher;
21        (d)  Be physically able to operate safely a motor vehicle
22    and  to  train  others in the operation of motor vehicles. An
23    instructors license application  must  be  accompanied  by  a
24    medical examination report completed by a competent physician
25    licensed to practice in the State of Illinois;
26        (e)  Hold a valid Illinois drivers license;
27        (f)  Have  graduated from an accredited high school after
28    at least 4 years of high school education or the  equivalent;
29    and
30        (g)  Pay  to  the  Secretary  of State an application and
31    license fee of $35.
32        If a driver training school class room instructor teaches
33    an approved driver education course, as  defined  in  Section
34    1-103  of this Code, to students under 18 years of age, he or
 
HB0564 Enrolled            -33-      LRB093 05574 MBS 05666 b
 1    she shall furnish to the Secretary  of  State  a  certificate
 2    issued  by  the  State  Board  of  Education  that  the  said
 3    instructor  is  qualified  and  meets the minimum educational
 4    standards for teaching driver education courses in the  local
 5    public  or  parochial  school  systems,  except that no State
 6    Board of Education certification shall  be  required  of  any
 7    instructor  who  teaches  exclusively in a commercial driving
 8    school.  On and after July 1, 1986, the  existing  rules  and
 9    regulations  of  the  State  Board  of  Education  concerning
10    commercial driving schools shall continue to remain in effect
11    but  shall  be  administered  by the Secretary of State until
12    such time as the Secretary of State shall amend or repeal the
13    rules  in  accordance  with   The   Illinois   Administrative
14    Procedure  Act.   Upon  request, the Secretary of State shall
15    issue a certificate of completion to a student under 18 years
16    of age who has completed an approved driver education  course
17    at a commercial driving school.
18    (Source: P.A. 87-829; 87-832.)

19        (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
20        Sec.  18a-200.  General  powers and duties of Commission.
21    The Commission shall:
22        (1)  Regulate commercial  vehicle  relocators  and  their
23    employees  or  agents  in accordance with this Chapter and to
24    that end may establish reasonable requirements  with  respect
25    to proper service and practices relating thereto;
26        (2)  Require   the  maintenance  of  uniform  systems  of
27    accounts, records and the preservation thereof;
28        (3)  Require that all drivers and other personnel used in
29    relocation be employees of a licensed relocator;
30        (4)  Regulate equipment leasing to and by relocators;
31        (5)  Adopt  reasonable  and  proper  rules  covering  the
32    exercise of powers conferred upon it  by  this  Chapter,  and
33    reasonable   rules  governing  investigations,  hearings  and
 
HB0564 Enrolled            -34-      LRB093 05574 MBS 05666 b
 1    proceedings under this Chapter;
 2        (6)  Set reasonable rates for the  commercial  towing  or
 3    removal  of  trespassing vehicles from private property.  The
 4    rates shall not exceed the mean  average  of  the  5  highest
 5    rates  for  police  tows  within  the territory to which this
 6    Chapter applies that are performed under Sections  4-201  and
 7    4-214  of  this  Code  and  that  are  of  record at hearing;
 8    provided that  the  Commission  shall  not  re-calculate  the
 9    maximum specified herein if the order containing the previous
10    calculation  was entered within one calendar year of the date
11    on which the new order is entered.  Set reasonable rates  for
12    the  storage,  for  periods  in  excess  of  24 hours, of the
13    vehicles in connection with the towing or  removal;  however,
14    no  relocator  shall impose charges for storage for the first
15    24 hours after towing or removal. Set  reasonable  rates  for
16    other  services  provided  by  relocators,  provided that the
17    rates shall not be charged to the  owner  or  operator  of  a
18    relocated  vehicle.   Any  fee charged by a relocator for the
19    use of a credit card that is used  to  pay  for  any  service
20    rendered  by  the  relocator  shall  be included in the total
21    amount that shall not  exceed  the  maximum  reasonable  rate
22    established  by the Commission.  The Commission shall require
23    a relocator to refund any amount charged  in  excess  of  the
24    reasonable  rate established by the Commission, including any
25    fee for the use of a credit card;
26        (7)  Investigate  and  maintain  current  files  of   the
27    criminal  records,  if  any,  of  all  relocators  and  their
28    employees  and  of  all  applicants  for relocator's license,
29    operator's  licenses  and  dispatcher's  licenses.   If   the
30    Commission  determines that an applicant for a license issued
31    under this Chapter will be subjected to  a  criminal  history
32    records   check,  the  applicant  shall  submit  his  or  her
33    fingerprints to the Department of State Police  in  the  form
34    and  manner  prescribed  by  the  Department of State Police.
 
HB0564 Enrolled            -35-      LRB093 05574 MBS 05666 b
 1    These fingerprints shall be checked against the Department of
 2    State Police and Federal  Bureau  of  Investigation  criminal
 3    history record information databases now and hereafter filed.
 4    The  Department  of State Police shall charge the applicant a
 5    fee for conducting the criminal history records check,  which
 6    shall  be  deposited  in  the  State Police Services Fund and
 7    shall not exceed the actual cost of the  records  check.  The
 8    Department of State Police shall furnish pursuant to positive
 9    identification, records of conviction to the Commission;
10        (8)  Issue  relocator's licenses, dispatcher's employment
11    permits, and operator's employment permits in accordance with
12    Article IV of this Chapter;
13        (9)  Establish fitness standards for  applicants  seeking
14    relocator licensees and holders of relocator licenses;
15        (10)  Upon  verified  complaint in writing by any person,
16    organization or body politic, or upon its own initiative may,
17    investigate  whether  any   commercial   vehicle   relocator,
18    operator,  dispatcher, or person otherwise required to comply
19    with any provision of this Chapter or  any  rule  promulgated
20    hereunder, has failed to comply with any provision or rule;
21        (11)  Whenever  the  Commission  receives notice from the
22    Secretary of State that any domestic or  foreign  corporation
23    regulated  under  this  Chapter has not paid a franchise tax,
24    license  fee  or  penalty   required   under   the   Business
25    Corporation  Act  of  1983,  institute  proceedings  for  the
26    revocation  of the license or right to engage in any business
27    required under this Chapter or the suspension  thereof  until
28    such  time  as  the  delinquent franchise tax, license fee or
29    penalty is paid.
30    (Source: P.A. 88-448.)

31        Section  50.  The Adoption Act  is  amended  by  changing
32    Section 6 as follows:
 
HB0564 Enrolled            -36-      LRB093 05574 MBS 05666 b
 1        (750 ILCS 50/6) (from Ch. 40, par. 1508)
 2        Sec.  6.  A.  Investigation;  all  cases.  Within 10 days
 3    after the filing of a petition for the  adoption  or  standby
 4    adoption  of  a  child  other than a related child, the court
 5    shall  appoint  a  child  welfare  agency  approved  by   the
 6    Department  of  Children  and  Family  Services,  or a person
 7    deemed competent by the court, or in Cook  County  the  Court
 8    Services  Division  of  the  Cook County Department of Public
 9    Aid, or the Department of Children and Family Services if the
10    court determines that no child welfare agency is available or
11    that the petitioner is financially  unable  to  pay  for  the
12    investigation, to investigate accurately, fully and promptly,
13    the  allegations  contained  in  the petition; the character,
14    reputation, health and general standing in the  community  of
15    the  petitioners; the religious faith of the petitioners and,
16    if ascertainable, of the child  sought  to  be  adopted;  and
17    whether the petitioners are proper persons to adopt the child
18    and  whether  the  child is a proper subject of adoption. The
19    investigation required under this  Section  shall  include  a
20    fingerprint  based criminal background check with a review of
21    fingerprints by the Illinois State Police and Federal  Bureau
22    of Investigation authorities. Each petitioner subject to this
23    investigation,  shall  submit  his or her fingerprints to the
24    Department of State Police in the form and manner  prescribed
25    by  the Department of State Police.  These fingerprints shall
26    be checked against the fingerprint records now and  hereafter
27    filed in the Department of State Police and Federal Bureau of
28    Investigation   criminal   history  records  databases.   The
29    Department of State Police shall charge a fee for  conducting
30    the  criminal history records check, which shall be deposited
31    in the State Police Services Fund and shall  not  exceed  the
32    actual  cost  of  the  records check. The criminal background
33    check required by this Section shall  include  a  listing  of
34    when,  where  and  by  whom the criminal background check was
 
HB0564 Enrolled            -37-      LRB093 05574 MBS 05666 b
 1    prepared.  The criminal background  check  required  by  this
 2    Section shall not be more than two years old.
 3        Neither  a  clerk  of  the  circuit court nor a judge may
 4    require that  a  criminal  background  check  or  fingerprint
 5    review  be  filed  with,  or  at the same time as, an initial
 6    petition for adoption.
 7        B.  Investigation; foreign-born child.  In the case of  a
 8    child  born outside the United States or a territory thereof,
 9    in addition to the investigation  required  under  subsection
10    (A)  of this Section, a post-placement investigation shall be
11    conducted in accordance with the requirements  of  the  Child
12    Care  Act of 1969, the Interstate Compact on the Placement of
13    Children, and regulations of the foreign placing  agency  and
14    the supervising agency.
15        The  requirements of a post-placement investigation shall
16    be deemed to have been satisfied if a valid  final  order  or
17    judgment of adoption has been entered by a court of competent
18    jurisdiction  in  a country other than the United States or a
19    territory  thereof  with  respect  to  such  child  and   the
20    petitioners.
21        C.  Report  of  investigation.  The court shall determine
22    whether the costs of the investigation shall  be  charged  to
23    the petitioners. The information obtained as a result of such
24    investigation  shall  be  presented to the court in a written
25    report. The results of the criminal background check required
26    under subsection (A) shall be provided to the court  for  its
27    review.    The  court  may,  in  its  discretion,  weigh  the
28    significance of the results of the criminal background  check
29    against  the  entirety  of the background of the petitioners.
30    The Court, in its discretion, may accept the  report  of  the
31    investigation  previously  made  by  a licensed child welfare
32    agency, if made within one year prior to  the  entry  of  the
33    judgment.  Such  report  shall be treated as confidential and
34    withheld from  inspection  unless  findings  adverse  to  the
 
HB0564 Enrolled            -38-      LRB093 05574 MBS 05666 b
 1    petitioners  or  to  the  child  sought  to  be  adopted  are
 2    contained  therein,  and in that event the court shall inform
 3    the petitioners of the relevant portions  pertaining  to  the
 4    adverse  findings.  In  no event shall any facts set forth in
 5    the report be considered at the hearing  of  the  proceeding,
 6    unless established by competent evidence. The report shall be
 7    filed  with  the  record  of  the  proceeding.   If  the file
 8    relating to the proceeding is not impounded, the report shall
 9    be impounded by the clerk of the  court  and  shall  be  made
10    available for inspection only upon order of the court.
11        D.  Related  adoption.  Such  investigation  shall not be
12    made when the petition seeks to adopt a related child  or  an
13    adult unless the court, in its discretion, shall so order. In
14    such an event the court may appoint a person deemed competent
15    by the court.
16    (Source: P.A.  91-429,  eff.  1-1-00;  91-572,  eff.  1-1-00;
17    91-740, eff. 6-2-00.)