093_HB0565ham001

 










                                     LRB093 05573 RLC 14371 a

 1                     AMENDMENT TO HOUSE BILL 565

 2        AMENDMENT NO.     .  Amend House Bill  565  by  replacing
 3    the title with the following:

 4        "AN ACT in relation to criminal history records."; and

 5    by  replacing  everything after the  enacting clause with the
 6    following:

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

 9        (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
10        Sec.  10b.1.   (a)  Competitive  examinations.   For open
11    competitive examinations to  test  the  relative  fitness  of
12    applicants  for  the  respective  positions.   Tests shall be
13    designed  to  eliminate  those  who  are  not  qualified  for
14    entrance into the Office of the Secretary  of  State  and  to
15    discover  the  relative  fitness  of those who are qualified.
16    The Director may use any one of or  any  combination  of  the
17    following  examination  methods  which  in  his judgment best
18    serves this end: investigation of education  and  experience;
19    test  of  cultural  knowledge;  test  of  capacity;  test  of
20    knowledge;  test of manual skill; test of linguistic ability;
21    test  of  character;  test  of  physical   skill;   test   of
 
                            -2-      LRB093 05573 RLC 14371 a
 1    psychological   fitness.    No   person   with  a  record  of
 2    misdemeanor convictions except  those  under  Sections  11-6,
 3    11-7,  11-9,  11-14,  11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
 4    12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5,  25-1,  28-3,  31-1,
 5    31-4,   31-6,   31-7,   32-1,  32-2,  32-3,  32-4,  32-8  and
 6    sub-sections 1, 6 and 8 of Section 24-1 of the Criminal  Code
 7    of  1961, or arrested for any cause but not convicted thereon
 8    shall  be  disqualified  from  taking  such  examinations  or
 9    subsequent appointment unless the  person  is  attempting  to
10    qualify  for  a position which would give him the powers of a
11    peace officer, in  which  case  the  person's  conviction  or
12    arrest  record  may  be considered as a factor in determining
13    the person's fitness  for  the  position.   All  examinations
14    shall  be  announced  publicly at least 2 weeks in advance of
15    the date of examinations and may be  advertised  through  the
16    press, radio or other media.
17        The  Director  may, at his discretion, accept the results
18    of competitive examinations conducted  by  any  merit  system
19    established  by  Federal  law or by the law of any State, and
20    may compile eligible lists therefrom or may add the names  of
21    successful  candidates  in  examinations  conducted  by those
22    merit systems to existing eligible lists in  accordance  with
23    their respective ratings.  No person who is a non-resident of
24    the  State  of  Illinois may be appointed from those eligible
25    lists, however, unless the  requirement  that  applicants  be
26    residents  of the State of Illinois is waived by the Director
27    of Personnel and  unless  there  are  less  than  3  Illinois
28    residents  available  for  appointment  from  the appropriate
29    eligible list.  The results of the examinations conducted  by
30    other   merit  systems  may  not  be  used  unless  they  are
31    comparable   in   difficulty   and    comprehensiveness    to
32    examinations  conducted  by  the  Department of Personnel for
33    similar positions.  Special linguistic options  may  also  be
34    established where deemed appropriate.
 
                            -3-      LRB093 05573 RLC 14371 a
 1        (b)  The  Director  of  Personnel  may  require that each
 2    person seeking employment with the  Secretary  of  State,  as
 3    part  of  the application process, authorize an investigation
 4    to determine if the applicant has ever been  convicted  of  a
 5    crime  and  if so, the disposition of those convictions; this
 6    authorization shall indicate the scope of the inquiry and the
 7    agencies which may be contacted.   Upon  this  authorization,
 8    the Director of Personnel may request and receive information
 9    and  assistance from any federal, state or local governmental
10    agency  as  part  of  the   authorized   investigation.   The
11    investigation shall be undertaken after the fingerprinting of
12    an  applicant  in  the  form  and  manner  prescribed  by the
13    Department of State Police. The investigation  shall  consist
14    of   a  criminal  history  records  check  performed  by  the
15    Department  of  State  Police  and  the  Federal  Bureau   of
16    Investigation,  or  some other entity that has the ability to
17    check the applicant's fingerprints  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.  If the Department of State Police and the
21    Federal  Bureau  of  Investigation  conduct  an investigation
22    directly for  the  Secretary  of  State's  Office,  then  the
23    Department  of State Police shall charge a fee for conducting
24    the criminal history records check, which shall be  deposited
25    in  the  State  Police Services Fund and shall not exceed the
26    actual cost of the records check.  The  Department  of  State
27    Police  shall  provide  information  concerning  any criminal
28    convictions,  and  their  disposition,  brought  against  the
29    applicant or prospective employee of the Secretary  of  State
30    upon  request of the Department of Personnel when the request
31    is made in the form and manner required by the Department  of
32    State    Police.    The   information   derived   from   this
33    investigation, including the source of this information,  and
34    any   conclusions   or   recommendations  derived  from  this
 
                            -4-      LRB093 05573 RLC 14371 a
 1    information by the Director of Personnel shall be provided to
 2    the applicant or prospective employee, or his designee,  upon
 3    request  to  the  Director  of  Personnel  prior to any final
 4    action by the Director of Personnel on the  application.   No
 5    information obtained from such investigation may be placed in
 6    any  automated  information system.  Any criminal convictions
 7    and their disposition information obtained by the Director of
 8    Personnel shall be confidential and may  not  be  transmitted
 9    outside  the  Office  of  the  Secretary  of State, except as
10    required herein, and may not be transmitted to anyone  within
11    the Office of the Secretary of State except as needed for the
12    purpose  of  evaluating  the application.   The only physical
13    identity  materials  which  the  applicant   or   prospective
14    employee can be required to provide the Director of Personnel
15    are  photographs  or fingerprints; these shall be returned to
16    the applicant or prospective employee  upon  request  to  the
17    Director  of  Personnel,  after  the  investigation  has been
18    completed and no copy of these materials may be kept  by  the
19    Director  of  Personnel  or any agency to which such identity
20    materials were transmitted.  Only information  and  standards
21    which   bear  a  reasonable  and  rational  relation  to  the
22    performance of an employee shall be used by the  Director  of
23    Personnel.   The  Secretary  of  State  shall adopt rules and
24    regulations for the  administration  of  this  Section.   Any
25    employee  of the Secretary of State who gives or causes to be
26    given  away  any  confidential  information  concerning   any
27    criminal convictions and their disposition of an applicant or
28    prospective employee shall be guilty of a Class A misdemeanor
29    unless  release  of  such  information  is authorized by this
30    Section.
31    (Source: P.A. 84-25.)

32        Section 6.  The Park District Code is amended by changing
33    Section 8-23 as follows:
 
                            -5-      LRB093 05573 RLC 14371 a
 1        (70 ILCS 1205/8-23)
 2        Sec. 8-23.  Criminal background investigations.
 3        (a)  An applicant for employment with a park district  is
 4    required  as  a  condition  of  employment  to  authorize  an
 5    investigation   to   determine  if  the  applicant  has  been
 6    convicted of any of the enumerated criminal or drug  offenses
 7    in  subsection  (c)  of  this  Section or has been convicted,
 8    within 7 years of the application  for  employment  with  the
 9    park  district,  of  any  other felony under the laws of this
10    State or of any offense committed or attempted in  any  other
11    state  or  against  the  laws  of  the United States that, if
12    committed  or  attempted  in  this  State,  would  have  been
13    punishable  as  a  felony  under  the  laws  of  this  State.
14    Authorization for the investigation shall be furnished by the
15    applicant  to  the  park  district.  Upon  receipt  of   this
16    authorization, the park district shall submit the applicant's
17    name, sex, race, date of birth, and social security number to
18    the  Department  of  State  Police on forms prescribed by the
19    Department of State Police.  The Department of  State  Police
20    shall  conduct  a  search  of  the  Illinois criminal history
21    records  database  an  investigation  to  ascertain  if   the
22    applicant  being considered for employment has been convicted
23    of committing or attempting to commit any of  the  enumerated
24    criminal  or  drug offenses in subsection (c) of this Section
25    or has been convicted of committing or attempting to  commit,
26    within  7  years  of  the application for employment with the
27    park district, of any other felony under  the  laws  of  this
28    State  or  of any offense committed or attempted in any other
29    state or against the laws  of  the  United  States  that,  if
30    committed  or  attempted  in  this  State,  would  have  been
31    punishable  as  a  felony  under the laws of this State.  The
32    Department of State Police shall charge the park  district  a
33    fee  for  conducting  the  investigation,  which fee shall be
34    deposited in the State Police Services  Fund  and  shall  not
 
                            -6-      LRB093 05573 RLC 14371 a
 1    exceed  the  cost of the inquiry.  The applicant shall not be
 2    charged a fee by the park district for the investigation.
 3        (b)  If the  search  of  the  Illinois  criminal  history
 4    record   database  indicates  that  the  applicant  has  been
 5    convicted of committing or attempting to commit  any  of  the
 6    enumerated criminal or drug offenses in subsection (c) or has
 7    been  convicted of committing or attempting to commit, within
 8    7 years of the  application  for  employment  with  the  park
 9    district,  any other felony under the laws of this State, the
10    Department  of  State  Police  and  the  Federal  Bureau   of
11    Investigation  shall furnish, pursuant to a fingerprint based
12    background  check   positive   identification,   records   of
13    convictions,  until  expunged,  to  the president of the park
14    district.   Any  information   concerning   the   record   of
15    convictions  obtained  by the president shall be confidential
16    and  may  only  be  transmitted  to  those  persons  who  are
17    necessary to the decision on whether to  hire  the  applicant
18    for employment.  A copy of the record of convictions obtained
19    from  the Department of State Police shall be provided to the
20    applicant  for  employment.   Any  person  who  releases  any
21    confidential information concerning any criminal  convictions
22    of  an  applicant for employment shall be guilty of a Class A
23    misdemeanor,  unless  the  release  of  such  information  is
24    authorized by this Section.
25        (c)  No park district shall knowingly employ a person who
26    has been convicted  for  committing  attempted  first  degree
27    murder or for committing or attempting to commit first degree
28    murder, a Class X felony, or any one or more of the following
29    offenses:   (i)  those defined in Sections 11-6, 11-9, 11-14,
30    11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
31    11-20, 11-20.1, 11-21,  12-13,  12-14,  12-14.1,  12-15,  and
32    12-16 of the Criminal Code of 1961; (ii) those defined in the
33    Cannabis  Control Act, except those defined in Sections 4(a),
34    4(b), and 5(a) of  that  Act;  (iii)  those  defined  in  the
 
                            -7-      LRB093 05573 RLC 14371 a
 1    Illinois  Controlled  Substances  Act;  and  (iv) any offense
 2    committed or attempted in any other state or against the laws
 3    of the United States, which, if  committed  or  attempted  in
 4    this  State, would have been punishable as one or more of the
 5    foregoing  offenses.   Further,  no   park   district   shall
 6    knowingly  employ  a  person  who  has  been  found to be the
 7    perpetrator of sexual or physical abuse of any minor under 18
 8    years of age pursuant to proceedings under Article II of  the
 9    Juvenile Court Act of 1987.  No park district shall knowingly
10    employ  a person for whom a criminal background investigation
11    has not been initiated.
12    (Source: P.A. 91-885, eff. 7-6-00.)

13        Section 7.  The Chicago Park District Act is  amended  by
14    changing Section 16a-5 as follows:

15        (70 ILCS 1505/16a-5)
16        Sec. 16a-5.  Criminal background investigations.
17        (a)  An  applicant  for  employment with the Chicago Park
18    District  is  required  as  a  condition  of  employment   to
19    authorize  an investigation to determine if the applicant has
20    been convicted of any of  the  enumerated  criminal  or  drug
21    offenses  in  subsection  (c)  of  this  Section  or has been
22    convicted, within 7 years of the application  for  employment
23    with the Chicago Park District, of any other felony under the
24    laws  of  this State or of any offense committed or attempted
25    in any other state or against the laws of the  United  States
26    that,  if  committed  or  attempted in this State, would have
27    been punishable as a felony under the  laws  of  this  State.
28    Authorization for the investigation shall be furnished by the
29    applicant  to the Chicago Park District. Upon receipt of this
30    authorization, the Chicago Park  District  shall  submit  the
31    applicant's  name,  sex,  race,  date  of  birth,  and social
32    security number to the Department of State  Police  on  forms
 
                            -8-      LRB093 05573 RLC 14371 a
 1    prescribed by the Department of State Police.  The Department
 2    of  State  Police  shall  conduct  a  search  of the Illinois
 3    criminal history record information database an investigation
 4    to ascertain if the applicant being considered for employment
 5    has been convicted of committing or attempting to commit  any
 6    of the enumerated criminal or drug offenses in subsection (c)
 7    of  this  Section  or  has  been  convicted, of committing or
 8    attempting to commit within 7 years of  the  application  for
 9    employment  with  the  Chicago  Park  District,  of any other
10    felony under the  laws  of  this  State  or  of  any  offense
11    committed or attempted in any other state or against the laws
12    of  the United States that, if committed or attempted in this
13    State, would have been punishable as a felony under the  laws
14    of  this  State.  The Department of State Police shall charge
15    the  Chicago  Park  District  a  fee   for   conducting   the
16    investigation,  which  fee  shall  be  deposited in the State
17    Police Services Fund and shall not exceed  the  cost  of  the
18    inquiry.   The  applicant  shall  not be charged a fee by the
19    Chicago Park District for the investigation.
20        (b)  If the  search  of  the  Illinois  criminal  history
21    record   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  Chicago
26    Park District, any other felony under the laws of this State,
27    the  Department  of  State  Police  and the Federal Bureau of
28    Investigation shall furnish, pursuant to a fingerprint  based
29    background   check,   positive   identification,  records  of
30    convictions, until expunged, to  the  General  Superintendent
31    and  Chief  Executive  Officer  of the Chicago Park District.
32    Any information concerning the record of convictions obtained
33    by the General Superintendent  and  Chief  Executive  Officer
34    shall  be  confidential  and may only be transmitted to those
 
                            -9-      LRB093 05573 RLC 14371 a
 1    persons who are necessary to the decision on whether to  hire
 2    the  applicant  for  employment.   A  copy  of  the record of
 3    convictions obtained from  the  Department  of  State  Police
 4    shall  be  provided  to  the  applicant  for employment.  Any
 5    person who releases any confidential  information  concerning
 6    any criminal convictions of an applicant for employment shall
 7    be  guilty  of  a  Class A misdemeanor, unless the release of
 8    such information is authorized by this Section.
 9        (c)  The Chicago Park District may not knowingly employ a
10    person who has been convicted for committing attempted  first
11    degree murder or for committing or attempting to commit first
12    degree  murder,  a  Class X felony, or any one or more of the
13    following offenses:  (i)  those  defined  in  Sections  11-6,
14    11-9,  11-14,  11-15,  11-15.1,  11-16,  11-17, 11-18, 11-19,
15    11-19.1,  11-19.2,  11-20,  11-20.1,  11-21,  12-13,   12-14,
16    12-14.1,  12-15, and 12-16 of the Criminal Code of 1961; (ii)
17    those defined in  the  Cannabis  Control  Act,  except  those
18    defined  in  Sections 4(a), 4(b), and 5(a) of that Act; (iii)
19    those defined in the Illinois Controlled Substances Act;  and
20    (iv) any offense committed or attempted in any other state or
21    against the laws of the United States, which, if committed or
22    attempted in this State, would have been punishable as one or
23    more  of  the  foregoing offenses.  Further, the Chicago Park
24    District may not knowingly employ a person who has been found
25    to be the perpetrator of sexual  or  physical  abuse  of  any
26    minor  under  18  years  of age pursuant to proceedings under
27    Article II of the Juvenile Court Act of  1987.   The  Chicago
28    Park  District  may  not knowingly employ a person for whom a
29    criminal background investigation has not been initiated.
30    (Source: P.A. 91-885, eff. 7-6-00.)

31        Section  10.  The School  Code  is  amended  by  changing
32    Sections 10-21.9 and 34-18.5 as follows:
 
                            -10-     LRB093 05573 RLC 14371 a
 1        (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
 2        Sec. 10-21.9.  Criminal background investigations.
 3        (a)  After  August  1,  1985,  certified and noncertified
 4    applicants for employment  with  a  school  district,  except
 5    school  bus driver applicants, are required as a condition of
 6    employment to authorize an investigation to determine if such
 7    applicants have been  convicted  of  any  of  the  enumerated
 8    criminal  or  drug offenses in subsection (c) of this Section
 9    or have been convicted, within 7 years of the application for
10    employment with the school  district,  of  any  other  felony
11    under  the  laws of this State or of any offense committed or
12    attempted in any other state  or  against  the  laws  of  the
13    United  States that, if committed or attempted in this State,
14    would have been punishable as a felony under the laws of this
15    State. Authorization for the investigation shall be furnished
16    by the applicant to the school district, except that  if  the
17    applicant  is a substitute teacher seeking employment in more
18    than  one  school  district,  a  teacher  seeking  concurrent
19    part-time employment positions  with  more  than  one  school
20    district  (as a reading specialist, special education teacher
21    or otherwise), or an educational support  personnel  employee
22    seeking employment positions with more than one district, any
23    such   district   may   require   the  applicant  to  furnish
24    authorization  for  the   investigation   to   the   regional
25    superintendent of the educational service region in which are
26    located  the  school  districts  in  which  the  applicant is
27    seeking employment as a substitute  or  concurrent  part-time
28    teacher or concurrent educational support personnel employee.
29    Upon  receipt  of  this authorization, the school district or
30    the appropriate regional superintendent, as the case may  be,
31    shall  submit  the applicant's name, sex, race, date of birth
32    and social security number to the Department of State  Police
33    on   forms   prescribed   by  the  Department.  The  regional
34    superintendent submitting the requisite  information  to  the
 
                            -11-     LRB093 05573 RLC 14371 a
 1    Department  of  State Police shall promptly notify the school
 2    districts in which the applicant is seeking employment  as  a
 3    substitute  or  concurrent  part-time  teacher  or concurrent
 4    educational support personnel employee that the investigation
 5    of the applicant has been requested. The Department of  State
 6    Police  shall  conduct  a  search  of  the  Illinois criminal
 7    history records database an investigation to ascertain if the
 8    applicant being considered for employment has been  convicted
 9    of  committing  or attempting to commit any of the enumerated
10    criminal or drug offenses  in  subsection  (c)  or  has  been
11    convicted  of  committing  or  attempting to commit, within 7
12    years of the  application  for  employment  with  the  school
13    district, of any other felony under the laws of this State or
14    of  any  offense committed or attempted in any other state or
15    against the laws of the United States that, if  committed  or
16    attempted  in  this  State,  would  have been punishable as a
17    felony under the laws of this State.   The  Department  shall
18    charge  the  school  district  or  the  appropriate  regional
19    superintendent a fee for conducting such investigation, which
20    fee  shall be deposited in the State Police Services Fund and
21    shall not exceed the cost of the inquiry; and  the  applicant
22    shall  not  be  charged  a  fee for such investigation by the
23    school district  or  by  the  regional  superintendent.   The
24    regional superintendent may seek reimbursement from the State
25    Board  of  Education  or  the  appropriate school district or
26    districts for fees paid by the regional superintendent to the
27    Department  for  the   criminal   background   investigations
28    required by this Section.
29        (b)    If  the  search  of  the Illinois criminal history
30    records  database  indicates  that  the  applicant  has  been
31    convicted of committing or attempting to commit  any  of  the
32    enumerated criminal or drug offenses in subsection (c) or has
33    been  convicted of committing or attempting to commit, within
34    7 years before the application for employment with the school
 
                            -12-     LRB093 05573 RLC 14371 a
 1    district, any other felony under the laws of this State,  the
 2    Department  and  the  Federal  Bureau  of Investigation shall
 3    furnish, pursuant to a  fingerprint  based  background  check
 4    positive   identification,   records  of  convictions,  until
 5    expunged, to the president of the school board for the school
 6    district  which  requested  the  investigation,  or  to   the
 7    regional superintendent who requested the investigation.  Any
 8    information  concerning the record of convictions obtained by
 9    the  president  of  the  school   board   or   the   regional
10    superintendent   shall   be  confidential  and  may  only  be
11    transmitted to the superintendent of the school  district  or
12    his  designee, the appropriate regional superintendent if the
13    investigation was  requested  by  the  school  district,  the
14    presidents   of   the   appropriate   school  boards  if  the
15    investigation was requested  from  the  Department  of  State
16    Police    by   the   regional   superintendent,   the   State
17    Superintendent of Education, the State Teacher  Certification
18    Board or any other person necessary to the decision of hiring
19    the  applicant  for  employment.   A  copy  of  the record of
20    convictions obtained from  the  Department  of  State  Police
21    shall  be  provided  to  the  applicant for employment. If an
22    investigation of an applicant for employment as a  substitute
23    or  concurrent  part-time  teacher  or concurrent educational
24    support personnel employee in more than one  school  district
25    was   requested  by  the  regional  superintendent,  and  the
26    Department of State Police upon investigation ascertains that
27    the applicant has not been convicted of any of the enumerated
28    criminal or drug offenses in subsection (c) or has  not  been
29    convicted,  within  7 years of the application for employment
30    with the school district, of any other felony under the  laws
31    of this State or of any offense committed or attempted in any
32    other state or against the laws of the United States that, if
33    committed  or  attempted  in  this  State,  would  have  been
34    punishable  as  a  felony under the laws of this State and so
 
                            -13-     LRB093 05573 RLC 14371 a
 1    notifies  the  regional  superintendent,  then  the  regional
 2    superintendent shall issue to  the  applicant  a  certificate
 3    evidencing that as of the date specified by the Department of
 4    State  Police  the applicant has not been convicted of any of
 5    the enumerated criminal or drug offenses in subsection (c) or
 6    has not been convicted, within 7 years of the application for
 7    employment with the school  district,  of  any  other  felony
 8    under  the  laws of this State or of any offense committed or
 9    attempted in any other state  or  against  the  laws  of  the
10    United  States that, if committed or attempted in this State,
11    would have been punishable as a felony under the laws of this
12    State.  The school board of any school  district  located  in
13    the   educational  service  region  served  by  the  regional
14    superintendent who issues such a certificate to an  applicant
15    for  employment as a substitute teacher in more than one such
16    district may rely on the certificate issued by  the  regional
17    superintendent  to  that  applicant,  or may initiate its own
18    investigation of the  applicant  through  the  Department  of
19    State  Police  as  provided in subsection (a). Any person who
20    releases any confidential information concerning any criminal
21    convictions of an applicant for employment shall be guilty of
22    a Class A misdemeanor, unless the release of such information
23    is authorized by this Section.
24        (c)  No school board shall knowingly employ a person  who
25    has  been  convicted  for  committing  attempted first degree
26    murder or for committing or attempting to commit first degree
27    murder or a Class  X  felony  or  any  one  or  more  of  the
28    following offenses: (i) those defined in Sections 11-6, 11-9,
29    11-14,  11-15,  11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
30    11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1,  12-15
31    and  12-16 of the "Criminal Code of 1961"; (ii) those defined
32    in  the  "Cannabis  Control  Act"  except  those  defined  in
33    Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
34    in the "Illinois Controlled Substances  Act";  and  (iv)  any
 
                            -14-     LRB093 05573 RLC 14371 a
 1    offense  committed or attempted in any other state or against
 2    the  laws  of  the  United  States,  which  if  committed  or
 3    attempted in this State, would have been punishable as one or
 4    more of the foregoing  offenses.  Further,  no  school  board
 5    shall  knowingly employ a person who has been found to be the
 6    perpetrator of sexual or physical abuse of any minor under 18
 7    years of age pursuant to proceedings under Article II of  the
 8    Juvenile Court Act of 1987.
 9        (d)  No  school board shall knowingly employ a person for
10    whom  a  criminal  background  investigation  has  not   been
11    initiated.
12        (e)  Upon  receipt  of the record of a conviction of or a
13    finding of child abuse by a holder of any certificate  issued
14    pursuant  to  Article  21  or  Section 34-8.1 or 34-83 of the
15    School  Code,  the  appropriate  regional  superintendent  of
16    schools  or  the  State  Superintendent  of  Education  shall
17    initiate   the   certificate   suspension   and    revocation
18    proceedings authorized by law.
19        (f)  After January 1, 1990 the provisions of this Section
20    shall  apply  to  all  employees  of persons or firms holding
21    contracts with any school district including, but not limited
22    to, food  service  workers,  school  bus  drivers  and  other
23    transportation employees, who have direct, daily contact with
24    the  pupils  of  any school in such district. For purposes of
25    criminal background investigations on employees of persons or
26    firms holding contracts with more than  one  school  district
27    and  assigned  to more than one school district, the regional
28    superintendent of the educational service region in which the
29    contracting school districts are located may, at the  request
30    of any such school district, be responsible for receiving the
31    authorization   for   investigation  prepared  by  each  such
32    employee and submitting the same to the Department  of  State
33    Police.   Any information concerning the record of conviction
34    of any such employee obtained by the regional  superintendent
 
                            -15-     LRB093 05573 RLC 14371 a
 1    shall   be   promptly   reported  to  the  president  of  the
 2    appropriate school board or school boards.
 3    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

 4        (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
 5        Sec. 34-18.5.  Criminal background investigations.
 6        (a)  After August 1,  1985,  certified  and  noncertified
 7    applicants  for  employment  with  the  school  district  are
 8    required  as  a  condition  of  employment  to  authorize  an
 9    investigation  to  determine  if  such  applicants  have been
10    convicted of any of the enumerated criminal or drug  offenses
11    in  subsection  (c)  of  this Section or have been convicted,
12    within 7 years of the application  for  employment  with  the
13    school  district,  of any other felony under the laws of this
14    State or of any offense committed or attempted in  any  other
15    state  or  against  the  laws  of  the United States that, if
16    committed  or  attempted  in  this  State,  would  have  been
17    punishable  as  a  felony  under  the  laws  of  this  State.
18    Authorization for the investigation shall be furnished by the
19    applicant  to  the  school  district,  except  that  if   the
20    applicant  is a substitute teacher seeking employment in more
21    than one school district, or  a  teacher  seeking  concurrent
22    part-time  employment  positions  with  more  than one school
23    district (as a reading specialist, special education  teacher
24    or  otherwise),  or an educational support personnel employee
25    seeking employment positions with more than one district, any
26    such  district  may  require   the   applicant   to   furnish
27    authorization   for   the   investigation   to  the  regional
28    superintendent of the educational service region in which are
29    located the  school  districts  in  which  the  applicant  is
30    seeking  employment  as  a substitute or concurrent part-time
31    teacher or concurrent educational support personnel employee.
32    Upon receipt of this authorization, the  school  district  or
33    the  appropriate regional superintendent, as the case may be,
 
                            -16-     LRB093 05573 RLC 14371 a
 1    shall submit the applicant's name, sex, race, date  of  birth
 2    and  social security number to the Department of State Police
 3    on  forms  prescribed  by  the   Department.   The   regional
 4    superintendent  submitting  the  requisite information to the
 5    Department of State Police shall promptly notify  the  school
 6    districts  in  which the applicant is seeking employment as a
 7    substitute or  concurrent  part-time  teacher  or  concurrent
 8    educational support personnel employee that the investigation
 9    of  the applicant has been requested. The Department of State
10    Police shall  conduct  a  search  of  the  Illinois  Criminal
11    history  record  information  database  an  investigation  to
12    ascertain  if  the  applicant being considered for employment
13    has been convicted of committing or attempting to commit  any
14    of the enumerated criminal or drug offenses in subsection (c)
15    or  has been convicted of committing or attempting to commit,
16    within 7 years of the application  for  employment  with  the
17    school  district,  of any other felony under the laws of this
18    State or of any offense committed or attempted in  any  other
19    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.   The
22    Department   shall   charge   the   school  district  or  the
23    appropriate regional superintendent a fee for conducting such
24    investigation, which fee shall  be  deposited  in  the  State
25    Police  Services  Fund  and  shall not exceed the cost of the
26    inquiry; and the applicant shall not be  charged  a  fee  for
27    such  investigation by the school district or by the regional
28    superintendent.   The  regional   superintendent   may   seek
29    reimbursement  from  the  State  Board  of  Education  or the
30    appropriate school district or districts for fees paid by the
31    regional superintendent to the Department  for  the  criminal
32    background investigations required by this Section.
33        (b)  If  the  search  of  the  Illinois  criminal history
34    records  database  indicates  that  the  applicant  has  been
 
                            -17-     LRB093 05573 RLC 14371 a
 1    convicted of committing or attempting to commit  any  of  the
 2    enumerated criminal or drug offenses in subsection (c) or has
 3    been  convicted of committing or attempting to commit, within
 4    7 years of the application for  employment  with  the  school
 5    district,  any other felony under the laws of this State, the
 6    Department and the  Federal  Bureau  of  Investigation  shall
 7    furnish,  pursuant  to  a  fingerprint based background check
 8    positive  identification,  records  of   convictions,   until
 9    expunged,  to the president of the board of education for the
10    school district which requested the investigation, or to  the
11    regional superintendent who requested the investigation.  Any
12    information  concerning the record of convictions obtained by
13    the president of the  board  of  education  or  the  regional
14    superintendent   shall   be  confidential  and  may  only  be
15    transmitted to  the  general  superintendent  of  the  school
16    district   or   his   designee,   the   appropriate  regional
17    superintendent if the  investigation  was  requested  by  the
18    board of education for the school district, the presidents of
19    the  appropriate  board  of education or school boards if the
20    investigation was requested  from  the  Department  of  State
21    Police    by   the   regional   superintendent,   the   State
22    Superintendent of Education, the State Teacher  Certification
23    Board or any other person necessary to the decision of hiring
24    the  applicant  for  employment.  A  copy  of  the  record of
25    convictions obtained from  the  Department  of  State  Police
26    shall  be  provided  to  the  applicant for employment. If an
27    investigation of an applicant for employment as a  substitute
28    or  concurrent  part-time  teacher  or concurrent educational
29    support personnel employee in more than one  school  district
30    was   requested  by  the  regional  superintendent,  and  the
31    Department of State Police upon investigation ascertains that
32    the applicant has not been convicted of any of the enumerated
33    criminal or drug offenses in subsection (c) or has  not  been
34    convicted,  within  7 years of the application for employment
 
                            -18-     LRB093 05573 RLC 14371 a
 1    with the school district, of any other felony under the  laws
 2    of this State or of any offense committed or attempted in any
 3    other 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 and so
 6    notifies  the  regional  superintendent,  then  the  regional
 7    superintendent shall issue to  the  applicant  a  certificate
 8    evidencing that as of the date specified by the Department of
 9    State  Police  the applicant has not been convicted of any of
10    the enumerated criminal or drug offenses in subsection (c) or
11    has not been convicted, within 7 years of the application for
12    employment with the school  district,  of  any  other  felony
13    under  the  laws of this State or of any offense committed or
14    attempted in any other state  or  against  the  laws  of  the
15    United  States that, if committed or attempted in this State,
16    would have been punishable as a felony under the laws of this
17    State.  The school board of any school  district  located  in
18    the   educational  service  region  served  by  the  regional
19    superintendent who issues such a certificate to an  applicant
20    for  employment  as  a  substitute  or  concurrent  part-time
21    teacher  or concurrent educational support personnel employee
22    in more than one such district may rely  on  the  certificate
23    issued  by  the regional superintendent to that applicant, or
24    may initiate its own investigation of the  applicant  through
25    the Department of State Police as provided in subsection (a).
26    Any   person   who   releases  any  confidential  information
27    concerning any  criminal  convictions  of  an  applicant  for
28    employment  shall  be guilty of a Class A misdemeanor, unless
29    the  release  of  such  information  is  authorized  by  this
30    Section.
31        (c)  The board of education shall not knowingly employ  a
32    person  who has been convicted for committing attempted first
33    degree murder or for committing or attempting to commit first
34    degree murder or a Class X felony or any one or more  of  the
 
                            -19-     LRB093 05573 RLC 14371 a
 1    following  offenses:   (i)  those  defined  in Sections 11-6,
 2    11-9, 11-14, 11-15,  11-15.1,  11-16,  11-17,  11-18,  11-19,
 3    11-19.1,   11-19.2,  11-20,  11-20.1,  11-21,  12-13,  12-14,
 4    12-14.1, 12-15 and 12-16 of the Criminal Code of  1961;  (ii)
 5    those  defined  in  the  Cannabis  Control  Act, except those
 6    defined in Sections 4(a), 4(b) and 5(a) of  that  Act;  (iii)
 7    those  defined in the Illinois Controlled Substances Act; and
 8    (iv) any offense committed or attempted in any other state or
 9    against the laws of the United States, which if committed  or
10    attempted in this State, would have been punishable as one or
11    more  of  the  foregoing  offenses.  Further,  the  board  of
12    education  shall  not  knowingly employ a person who has been
13    found to be the perpetrator of sexual or  physical  abuse  of
14    any minor under 18 years of age pursuant to proceedings under
15    Article II of the Juvenile Court Act of 1987.
16        (d)  The  board of education shall not knowingly employ a
17    person for whom a criminal background investigation  has  not
18    been initiated.
19        (e)  Upon  receipt  of the record of a conviction of or a
20    finding of child abuse by a holder of any certificate  issued
21    pursuant  to  Article  21  or  Section 34-8.1 or 34-83 of the
22    School  Code,  the  board   of   education   or   the   State
23    Superintendent  of  Education  shall initiate the certificate
24    suspension and revocation proceedings authorized by law.
25        (f)  After March 19, 1990, the provisions of this Section
26    shall apply to all employees  of  persons  or  firms  holding
27    contracts with any school district including, but not limited
28    to,  food  service  workers,  school  bus  drivers  and other
29    transportation employees, who have direct, daily contact with
30    the pupils of any school in such district.  For  purposes  of
31    criminal background investigations on employees of persons or
32    firms  holding  contracts  with more than one school district
33    and assigned to more than one school district,  the  regional
34    superintendent of the educational service region in which the
 
                            -20-     LRB093 05573 RLC 14371 a
 1    contracting  school districts are located may, at the request
 2    of any such school district, be responsible for receiving the
 3    authorization  for  investigation  prepared  by   each   such
 4    employee  and  submitting the same to the Department of State
 5    Police.  Any information concerning the record of  conviction
 6    of  any such employee obtained by the regional superintendent
 7    shall  be  promptly  reported  to  the   president   of   the
 8    appropriate school board or school boards.
 9    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

10        Section   15.   The  Child Care Act of 1969 is amended by
11    changing Section 4.1 as follows:

12        (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
13        Sec.  4.1.   Criminal  Background   Investigations.   The
14    Department  shall  require  that  each  child  care  facility
15    license  applicant  as  part  of the application process, and
16    each employee of a child care  facility  as  a  condition  of
17    employment,  authorize  an investigation to determine if such
18    applicant or employee has ever been charged with a crime  and
19    if  so,  the disposition of those charges; this authorization
20    shall indicate the scope of  the  inquiry  and  the  agencies
21    which may be contacted. Upon this authorization, the Director
22    shall request and receive information and assistance from any
23    federal,  State  or  local governmental agency as part of the
24    authorized investigation. Each applicant shall submit his  or
25    her  fingerprints  to  the  Department of State Police in the
26    form and manner prescribed by the Department of State Police.
27    These fingerprints shall be checked against  the  fingerprint
28    records  now  and  hereafter filed in the Department of State
29    Police and Federal Bureau of Investigation  criminal  history
30    records  databases.   The  Department  of  State Police shall
31    charge a fee for  conducting  the  criminal  history  records
32    check,  which shall be deposited in the State Police Services
 
                            -21-     LRB093 05573 RLC 14371 a
 1    Fund and shall not exceed the  actual  cost  of  the  records
 2    check.   The   Department   of  State  Police  shall  provide
 3    information  concerning  any  criminal  charges,  and   their
 4    disposition,  now or hereafter filed, against an applicant or
 5    child care facility employee upon request of  the  Department
 6    of  Children  and Family Services when the request is made in
 7    the form and manner  required  by  the  Department  of  State
 8    Police.
 9        Information concerning convictions of a license applicant
10    investigated  under this Section, including the source of the
11    information and any conclusions  or  recommendations  derived
12    from  the  information,  shall  be provided, upon request, to
13    such applicant prior to final action by the Department on the
14    application. State conviction  information  provided  by  the
15    Department  of  State  Police  regarding  Such information on
16    convictions of employees or prospective  employees  of  child
17    care  facilities licensed under this Act shall be provided to
18    the operator of such facility,  and,  upon  request,  to  the
19    employee  or prospective employee. Any information concerning
20    criminal charges and the disposition of such charges obtained
21    by the Department  shall  be  confidential  and  may  not  be
22    transmitted   outside  the  Department,  except  as  required
23    herein, and may not  be  transmitted  to  anyone  within  the
24    Department  except as needed for the purpose of evaluating an
25    application  or  a  child  care   facility   employee.   Only
26    information   and  standards  which  bear  a  reasonable  and
27    rational relation to the performance of a child care facility
28    shall be used by the Department or any licensee. Any employee
29    of the Department of Children and Family Services, Department
30    of  State  Police,  or  a  child  care   facility   receiving
31    confidential  information  under  this  Section  who gives or
32    causes to be given any  confidential  information  concerning
33    any  criminal convictions of a child care facility applicant,
34    or child care facility employee, shall be guilty of a Class A
 
                            -22-     LRB093 05573 RLC 14371 a
 1    misdemeanor unless release of such information is  authorized
 2    by this Section.
 3        A  child care facility may hire, on a probationary basis,
 4    any employee authorizing a criminal background  investigation
 5    under this Section, pending the result of such investigation.
 6    Employees  shall  be  notified  prior  to  hiring  that  such
 7    employment  may  be  terminated  on  the  basis  of  criminal
 8    background information obtained by the facility.
 9    (Source: P.A. 84-158.)

10        Section   20.   The Nursing and Advanced Practice Nursing
11    Act is amended by changing Section 5-23 as follows:

12        (225 ILCS 65/5-23)
13        (Section scheduled to be repealed on January 1, 2008)
14        Sec.  5-23.   Criminal  background  check.    After   the
15    effective  date  of  this  amendatory Act of the 91st General
16    Assembly, the  Department  shall  require  an  applicant  for
17    initial  licensure  under  this  Act  to submit to a criminal
18    background check by the Illinois State Police and the Federal
19    Bureau of Investigation as  part  of  the  qualification  for
20    licensure.   If  an  applicant's  criminal  background  check
21    indicates  criminal  conviction,  the  applicant must further
22    submit to a fingerprint-based criminal background check.  The
23    applicant's  name,  sex,  race,  date  of  birth,  and social
24    security number shall be  forwarded  to  the  Illinois  State
25    Police  to  be searched against the Illinois criminal history
26    records database in the form and  manner  prescribed  by  the
27    Illinois  State  Police.   The  Illinois  State  Police shall
28    charge a fee  for  conducting  the  search,  which  shall  be
29    deposited  in  the  State  Police Services Fund and shall not
30    exceed the cost of the inquiry.  If a search of the  Illinois
31    criminal   history   records   database  indicates  that  the
32    applicant  has  a  conviction  record,  a  fingerprint  based
 
                            -23-     LRB093 05573 RLC 14371 a
 1    criminal history  records  check  shall  be  required.   Each
 2    applicant  requiring  a fingerprint based search shall submit
 3    his or her fingerprints to the Illinois State Police  in  the
 4    form  and  manner  prescribed  by  the Illinois State Police.
 5    These fingerprints shall be checked against  the  fingerprint
 6    records  now and hereafter filed in the Illinois State Police
 7    and Federal Bureau of Investigation criminal history  records
 8    databases.   The Illinois State Police shall charge a fee for
 9    conducting the criminal history records check, which shall be
10    deposited in the State Police Services  Fund  and  shall  not
11    exceed  the  actual  cost of the records check.  The Illinois
12    State   Police   shall   furnish,   pursuant   to    positive
13    identification,   records  of  Illinois  convictions  to  the
14    Department. The Department shall  adopt  rules  to  implement
15    this Section.
16    (Source: P.A. 91-369, eff. 1-1-00; 92-744, eff. 7-25-02.)

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

19        (230 ILCS 5/15) (from Ch. 8, par. 37-15)
20        Sec. 15.  (a) The Board shall, in its  discretion,  issue
21    occupation   licenses  to  horse  owners,  trainers,  harness
22    drivers,  jockeys,  agents,   apprentices,   grooms,   stable
23    foremen,    exercise    persons,    veterinarians,    valets,
24    blacksmiths,  concessionaires  and  others  designated by the
25    Board whose work, in whole or  in  part,  is  conducted  upon
26    facilities  within  the State.  Such occupation licenses will
27    be obtained prior to the  persons engaging in their  vocation
28    upon such facilities. The Board shall not license pari-mutuel
29    clerks,  parking attendants, security guards and employees of
30    concessionaires.  No occupation license shall be required  of
31    any  person  who  works  at facilities within this State as a
32    pari-mutuel clerk, parking attendant, security guard or as an
 
                            -24-     LRB093 05573 RLC 14371 a
 1    employee of a concessionaire. Concessionaires of the Illinois
 2    State Fair and  DuQuoin  State  Fair  and  employees  of  the
 3    Illinois  Department  of Agriculture shall not be required to
 4    obtain an occupation license by the Board.
 5        (b)  Each application for an occupation license shall  be
 6    on forms prescribed by the Board.  Such license, when issued,
 7    shall  be  for  the  period  ending December 31 of each year,
 8    except that the Board in  its  discretion  may  grant  3-year
 9    licenses.   The  application shall be accompanied by a fee of
10    not more than  $25  per  year  or,  in  the  case  of  3-year
11    occupation  license applications, a fee of not more than $60.
12    Each applicant shall set forth in the  application  his  full
13    name  and address, and if he had been issued prior occupation
14    licenses or has been licensed in any other  state  under  any
15    other  name,  such  name, his age, whether or not a permit or
16    license issued to him in any other state has  been  suspended
17    or revoked and if so whether such suspension or revocation is
18    in  effect  at  the  time  of the application, and such other
19    information as the Board may require. Fees  for  registration
20    of stable names shall not exceed $50.00.
21        (c)  The Board may in its discretion refuse an occupation
22    license to any person:
23             (1)  who has been convicted of a crime;
24             (2)  who   is  unqualified  to  perform  the  duties
25        required of such applicant;
26             (3)  who fails to disclose  or  states  falsely  any
27        information called for in the application;
28             (4)  who  has  been  found  guilty of a violation of
29        this Act or of the rules and regulations of the Board; or
30             (5)  whose license or  permit  has  been  suspended,
31        revoked or denied for just cause in any other state.
32        (d)  The  Board  may  suspend  or  revoke  any occupation
33    license:
34             (1)  for violation of any of the provisions of  this
 
                            -25-     LRB093 05573 RLC 14371 a
 1        Act; or
 2             (2)  for   violation   of   any   of  the  rules  or
 3        regulations of the Board; or
 4             (3)  for any cause which, if  known  to  the  Board,
 5        would  have justified the Board in refusing to issue such
 6        occupation license; or
 7             (4)  for any other just cause.
 8        (e)   Each applicant shall submit his or her fingerprints
 9    to the Department of State Police  in  the  form  and  manner
10    prescribed   by   the  Department  of  State  Police.   These
11    fingerprints shall be checked against the fingerprint records
12    now and hereafter filed in the Department of State Police and
13    Federal Bureau  of  Investigation  criminal  history  records
14    databases.  The Department of State Police shall charge a fee
15    for  conducting  the  criminal  history  records check, which
16    shall be deposited in the  State  Police  Services  Fund  and
17    shall  not  exceed  the actual cost of the records check. The
18    Department  of  State  Police  shall  furnish,  pursuant   to
19    positive  identification, records of conviction to the Board.
20    Each applicant for licensure shall submit with his occupation
21    license application, on forms provided by the Board,  2  sets
22    of  his  fingerprints.  All  such  applicants shall appear in
23    person at the  location  designated  by  the  Board  for  the
24    purpose  of  submitting  such  sets of fingerprints; however,
25    with the prior approval of a State steward, an applicant  may
26    have  such  sets  of  fingerprints  taken  by an official law
27    enforcement agency and submitted to the Board.
28        The Board shall cause one set of such fingerprints to  be
29    compared  with  fingerprints  of  criminals  now or hereafter
30    filed in the records of  the  Illinois  Department  of  State
31    Police.   The  Board shall also cause such fingerprints to be
32    compared with fingerprints  of  criminals  now  or  hereafter
33    filed  in  the  records  of  other official fingerprint files
34    within or without this State.
 
                            -26-     LRB093 05573 RLC 14371 a
 1        The Board may, in its discretion, require  the  applicant
 2    to  pay  a  fee  for  the  purpose of having his fingerprints
 3    processed.  The  fingerprint  processing  fee  shall  be  set
 4    annually  by  the Director of State Police, based upon actual
 5    costs.
 6        (f)  The  Board  may,  in  its   discretion,   issue   an
 7    occupation  license  without submission of fingerprints if an
 8    applicant has been duly licensed in another recognized racing
 9    jurisdiction  after   submitting   fingerprints   that   were
10    subjected  to  a  Federal  Bureau  of  Investigation criminal
11    history background check in that jurisdiction.
12    (Source: P.A. 91-40, eff. 6-25-99.)

13        Section  30.  The Riverboat Gambling Act  is  amended  by
14    changing Section 22 as follows:

15        (230 ILCS 10/22) (from Ch. 120, par. 2422)
16        Sec.  22.   Criminal history record information. Whenever
17    the Board is authorized or required by law to  consider  some
18    aspect of criminal history record information for the purpose
19    of  carrying  out  its statutory powers and responsibilities,
20    the Board shall, in the  form  and  manner  required  by  the
21    Department   of  State  Police  and  the  Federal  Bureau  of
22    Investigation, cause  to  be  conducted  a  criminal  history
23    record  investigation  to obtain any information currently or
24    thereafter contained in the files of the Department of  State
25    Police or the Federal Bureau of Investigation. Each applicant
26    for  occupational  licensing under Section 9 or key person as
27    defined by the Board in administrative rules shall submit his
28    or her fingerprints to the Department of State Police in  the
29    form and manner prescribed by the Department of State Police.
30    These  fingerprints  shall be checked against the fingerprint
31    records now and hereafter filed in the  Department  of  State
32    Police  and  Federal Bureau of Investigation criminal history
 
                            -27-     LRB093 05573 RLC 14371 a
 1    records databases.  The  Department  of  State  Police  shall
 2    charge  a  fee  for  conducting  the criminal history records
 3    check, which shall be deposited in the State Police  Services
 4    Fund  and  shall  not  exceed  the actual cost of the records
 5    check. The Department of State Police shall provide,  on  the
 6    Board's request, information concerning any criminal charges,
 7    and  their disposition, currently or thereafter filed against
 8    an applicant  for  or  holder  of  an  occupational  license.
 9    Information  obtained  as  a result of an investigation under
10    this Section shall be used in determining eligibility for  an
11    occupational  license  under  Section  9.  Upon  request  and
12    payment  of  fees  in  conformance  with  the requirements of
13    Section 2605-400 of the Department of State  Police  Law  (20
14    ILCS  2605/2605-400),  the  Department  of  State  Police  is
15    authorized  to  furnish, pursuant to positive identification,
16    such information contained in State files as is necessary  to
17    fulfill the request.
18    (Source: P.A. 91-239, eff. 1-1-00.)

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

21        (235 ILCS 5/4-7) (from Ch. 43, par. 114a)
22        Sec.  4-7.   The  local liquor control commissioner shall
23    have the right to require fingerprints of any applicant for a
24    local  license  or  for  a  renewal  thereof  other  than  an
25    applicant who is an air carrier operating under a certificate
26    or a foreign  air  permit  issued  pursuant  to  the  Federal
27    Aviation  Act of 1958. Each applicant shall submit his or her
28    fingerprints to the Department of State Police  in  the  form
29    and  manner  prescribed  by  the  Department of State Police.
30    These fingerprints shall be checked against  the  fingerprint
31    records  now  and  hereafter filed in the Department of State
32    Police and Federal Bureau of Investigation  criminal  history
 
                            -28-     LRB093 05573 RLC 14371 a
 1    records  databases.   The  Department  of  State Police shall
 2    charge a fee for  conducting  the  criminal  history  records
 3    check,  which shall be deposited in the State Police Services
 4    Fund and shall not exceed the  actual  cost  of  the  records
 5    check.  The Department of State Police shall furnish pursuant
 6    to  positive  identification,  records  of  conviction to the
 7    local liquor control commissioner. For purposes of  obtaining
 8    fingerprints   under   this   Section,   the   local   liquor
 9    commissioner  shall  collect a fee and forward the fee to the
10    appropriate policing body who shall submit  the  fingerprints
11    and the fee to the Illinois Department of State Police.
12    (Source: P.A. 84-1081.)

13        Section   40.   The Housing Authorities Act is amended by
14    changing Section 25 as follows:

15        (310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
16        Sec. 25.  Rentals and tenant selection.  In the operation
17    or management of housing projects an Authority shall  at  all
18    times  observe  the  following duties with respect to rentals
19    and tenant selection:
20        (a)  It shall not accept any person as a  tenant  in  any
21    dwelling in a housing project if the persons who would occupy
22    the  dwelling have an aggregate annual income which equals or
23    exceeds the amount  which  the  Authority  determines  (which
24    determination  shall  be conclusive) to be necessary in order
25    to  enable  such  persons  to  secure  safe,   sanitary   and
26    uncongested   dwelling  accommodations  within  the  area  of
27    operation  of  the  Authority  and  to  provide  an  adequate
28    standard of living for themselves.
29        (b)  It may rent or  lease  the  dwelling  accommodations
30    therein only at rentals within the financial reach of persons
31    who  lack  the amount of income which it determines (pursuant
32    to (a) of this Section) to be necessary in  order  to  obtain
 
                            -29-     LRB093 05573 RLC 14371 a
 1    safe, sanitary and uncongested dwelling accommodations within
 2    the  area  of  operation  of  the Authority and to provide an
 3    adequate standard of living.
 4        (c)  It  may  rent  or  lease  to  a  tenant  a  dwelling
 5    consisting of the number of rooms  (but  no  greater  number)
 6    which  it  deems  necessary  to  provide  safe  and  sanitary
 7    accommodations  to  the  proposed  occupants thereof, without
 8    overcrowding.
 9        (d)  It shall not change the residency preference of  any
10    prospective  tenant once the application has been accepted by
11    the authority.
12        (e)  It may refuse to renew the tenancy of any person if,
13    after due notice and an impartial hearing, that person or any
14    of the proposed occupants of the dwelling has, during a  term
15    of tenancy or occupancy in any housing project operated by an
16    Authority,  been  convicted of a criminal offense relating to
17    the sale or distribution of controlled substances  under  the
18    laws  of  this  State,  the United States or any other state.
19    Confirmation of conviction data  shall  be  determined  by  a
20    fingerprint  based  criminal  history records check.  In such
21    cases,  the  tenant  or  proposed  occupant   to   whom   the
22    disqualifying conviction record belongs shall have his or her
23    fingerprints  submitted  to the Department of State Police in
24    the form and manner prescribed by  the  Department  of  State
25    Police.   These  fingerprints  shall  be  checked against the
26    fingerprint records now and hereafter filed in the Department
27    of State Police and Federal Bureau of Investigation  criminal
28    history  records  databases.   The Department of State Police
29    shall charge  a  fee  for  conducting  the  criminal  history
30    records  check,  which shall be deposited in the State Police
31    Services Fund and shall not exceed the  actual  cost  of  the
32    records  check.  The Department of State Police shall furnish
33    pursuant to positive identification, records of conviction to
34    the Authority.
 
                            -30-     LRB093 05573 RLC 14371 a
 1        (f)  It may, if a tenant  has  created  or  maintained  a
 2    threat  constituting a serious and clear danger to the health
 3    or safety of other tenants or Authority  employees,  after  3
 4    days'  written  notice  of termination and without a hearing,
 5    file suit against any such tenant for recovery of  possession
 6    of  the  premises.  The tenant shall be given the opportunity
 7    to contest the  termination  in  the  court  proceedings.   A
 8    serious  and  clear  danger  to the health or safety of other
 9    tenants or Authority employees  shall  include,  but  not  be
10    limited  to, any of the following activities of the tenant or
11    of any other person on the premises with the consent  of  the
12    tenant:
13             (1)  Physical  assault  or  the  threat  of physical
14        assault.
15             (2)  Illegal use of a firearm or other weapon or the
16        threat to use in an illegal manner  a  firearm  or  other
17        weapon.
18             (3)  Possession  of  a  controlled  substance by the
19        tenant or any other  person  on  the  premises  with  the
20        consent  of  the tenant if the tenant knew or should have
21        known  of  the  possession  by  the  other  person  of  a
22        controlled substance, unless the controlled substance was
23        obtained  directly  from   or   pursuant   to   a   valid
24        prescription.
25             (4)  Streetgang   membership   as   defined  in  the
26        Illinois Streetgang Terrorism Omnibus Prevention Act.
27        The  management  of  low-rent  public  housing   projects
28    financed  and  developed  under  the U.S. Housing Act of 1937
29    shall be in accordance with that Act.
30        Nothing contained in this Section or any other Section of
31    this Act shall be construed  as  limiting  the  power  of  an
32    Authority  to  vest  in a bondholder or trustee the right, in
33    the event of a default by the Authority, to  take  possession
34    and  operate  a housing project or cause the appointment of a
 
                            -31-     LRB093 05573 RLC 14371 a
 1    receiver thereof, free from all restrictions imposed by  this
 2    Section or any other Section of this Act.
 3    (Source: P.A. 89-351, eff. 1-1-96.)

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

 6        (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
 7        Sec.   6-411.    Qualifications   of   Driver    Training
 8    Instructors.  In  order  to  qualify  for  a  license  as  an
 9    instructor for a driving school, an applicant must:
10        (a)  Be of good moral character;
11        (b)  Authorize  an  investigation  to  determine  if  the
12    applicant  has  ever been convicted of a crime and if so, the
13    disposition of those convictions;  this  authorization  shall
14    indicate  the scope of the inquiry and the agencies which may
15    be contacted.  Upon this authorization the Secretary of State
16    may request and receive information and assistance  from  any
17    federal,  state  or  local governmental agency as part of the
18    authorized investigation. Each applicant shall submit his  or
19    her  fingerprints  to  the  Department of State Police in the
20    form and manner prescribed by the Department of State Police.
21    These fingerprints shall be checked against  the  fingerprint
22    records  now  and  hereafter filed in the Department of State
23    Police and Federal Bureau of Investigation  criminal  history
24    records  databases.   The  Department  of  State Police shall
25    charge a fee for  conducting  the  criminal  history  records
26    check,  which shall be deposited in the State Police Services
27    Fund and shall not exceed the  actual  cost  of  the  records
28    check.   The   Department   of  State  Police  shall  provide
29    information concerning any criminal  convictions,  and  their
30    disposition,  brought  against  the applicant upon request of
31    the Secretary of State when the request is made in  the  form
32    and  manner  required by the Department of State Police.  The
 
                            -32-     LRB093 05573 RLC 14371 a
 1    information derived from  this  investigation  including  the
 2    source   of   this   information,   and  any  conclusions  or
 3    recommendations  derived  from  this   information   by   the
 4    Secretary of State shall be provided to the applicant, or his
 5    designee,  upon  request  to the Secretary of State, prior to
 6    any  final  action  by  the  Secretary  of   State   on   the
 7    application.  No information obtained from such investigation
 8    may  be  placed  in  any  automated  information  system. Any
 9    criminal  convictions  and  their   disposition   information
10    obtained  by the Secretary of State shall be confidential and
11    may not be transmitted outside the Office of the Secretary of
12    State, except as required herein, and may not be  transmitted
13    to  anyone within the Office of the Secretary of State except
14    as needed for the purpose of evaluating  the  applicant.  The
15    only  physical  identity materials which the applicant can be
16    required to provide the Secretary of State are photographs or
17    fingerprints; these shall be returned to the  applicant  upon
18    request  to  the  Secretary of State, after the investigation
19    has been completed and no copy of these materials may be kept
20    by the Secretary  of  State  or  any  agency  to  which  such
21    identity  materials  were  transmitted.  Only information and
22    standards which bear a reasonable and  rational  relation  to
23    the performance of a driver training instructor shall be used
24    by  the Secretary of State.  Any employee of the Secretary of
25    State who gives or causes to be given away  any  confidential
26    information   concerning   any  criminal  charges  and  their
27    disposition of an applicant shall be  guilty  of  a  Class  A
28    misdemeanor  unless release of such information is authorized
29    by this Section;
30        (c)  Pass such examination  as  the  Secretary  of  State
31    shall   require   on  (1)  traffic  laws,  (2)  safe  driving
32    practices,  (3)  operation  of  motor   vehicles,   and   (4)
33    qualifications of teacher;
34        (d)  Be physically able to operate safely a motor vehicle
 
                            -33-     LRB093 05573 RLC 14371 a
 1    and  to  train  others in the operation of motor vehicles. An
 2    instructors license application  must  be  accompanied  by  a
 3    medical examination report completed by a competent physician
 4    licensed to practice in the State of Illinois;
 5        (e)  Hold a valid Illinois drivers license;
 6        (f)  Have  graduated from an accredited high school after
 7    at least 4 years of high school education or the  equivalent;
 8    and
 9        (g)  Pay  to  the  Secretary  of State an application and
10    license fee of $35.
11        If a driver training school class room instructor teaches
12    an approved driver education course, as  defined  in  Section
13    1-103  of this Code, to students under 18 years of age, he or
14    she shall furnish to the Secretary  of  State  a  certificate
15    issued  by  the  State  Board  of  Education  that  the  said
16    instructor  is  qualified  and  meets the minimum educational
17    standards for teaching driver education courses in the  local
18    public  or  parochial  school  systems,  except that no State
19    Board of Education certification shall  be  required  of  any
20    instructor  who  teaches  exclusively in a commercial driving
21    school.  On and after July 1, 1986, the  existing  rules  and
22    regulations  of  the  State  Board  of  Education  concerning
23    commercial driving schools shall continue to remain in effect
24    but  shall  be  administered  by the Secretary of State until
25    such time as the Secretary of State shall amend or repeal the
26    rules  in  accordance  with   The   Illinois   Administrative
27    Procedure  Act.   Upon  request, the Secretary of State shall
28    issue a certificate of completion to a student under 18 years
29    of age who has completed an approved driver education  course
30    at a commercial driving school.
31    (Source: P.A. 87-829; 87-832.)

32        (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
33        Sec.  18a-200.  General  powers and duties of Commission.
 
                            -34-     LRB093 05573 RLC 14371 a
 1    The Commission shall:
 2        (1)  Regulate commercial  vehicle  relocators  and  their
 3    employees  or  agents  in accordance with this Chapter and to
 4    that end may establish reasonable requirements  with  respect
 5    to proper service and practices relating thereto;
 6        (2)  Require   the  maintenance  of  uniform  systems  of
 7    accounts, records and the preservation thereof;
 8        (3)  Require that all drivers and other personnel used in
 9    relocation be employees of a licensed relocator;
10        (4)  Regulate equipment leasing to and by relocators;
11        (5)  Adopt  reasonable  and  proper  rules  covering  the
12    exercise of powers conferred upon it  by  this  Chapter,  and
13    reasonable   rules  governing  investigations,  hearings  and
14    proceedings under this Chapter;
15        (6)  Set reasonable rates for the  commercial  towing  or
16    removal  of  trespassing vehicles from private property.  The
17    rates shall not exceed the mean  average  of  the  5  highest
18    rates  for  police  tows  within  the territory to which this
19    Chapter applies that are performed under Sections  4-201  and
20    4-214  of  this  Code  and  that  are  of  record at hearing;
21    provided that  the  Commission  shall  not  re-calculate  the
22    maximum specified herein if the order containing the previous
23    calculation  was entered within one calendar year of the date
24    on which the new order is entered.  Set reasonable rates  for
25    the  storage,  for  periods  in  excess  of  24 hours, of the
26    vehicles in connection with the towing or  removal;  however,
27    no  relocator  shall impose charges for storage for the first
28    24 hours after towing or removal. Set  reasonable  rates  for
29    other  services  provided  by  relocators,  provided that the
30    rates shall not be charged to the  owner  or  operator  of  a
31    relocated  vehicle.   Any  fee charged by a relocator for the
32    use of a credit card that is used  to  pay  for  any  service
33    rendered  by  the  relocator  shall  be included in the total
34    amount that shall not  exceed  the  maximum  reasonable  rate
 
                            -35-     LRB093 05573 RLC 14371 a
 1    established  by the Commission.  The Commission shall require
 2    a relocator to refund any amount charged  in  excess  of  the
 3    reasonable  rate established by the Commission, including any
 4    fee for the use of a credit card;
 5        (7)  Investigate  and  maintain  current  files  of   the
 6    criminal  records,  if  any,  of  all  relocators  and  their
 7    employees  and  of  all  applicants  for relocator's license,
 8    operator's  licenses  and  dispatcher's  licenses.   If   the
 9    Commission  determines that an applicant for a license issued
10    under this Chapter will be subjected to  a  criminal  history
11    records   check,  the  applicant  shall  submit  his  or  her
12    fingerprints to the Department of State Police  in  the  form
13    and  manner  prescribed  by  the  Department of State Police.
14    These Fingerprints shall be checked against the Department of
15    State Police and Federal  Bureau  of  Investigation  criminal
16    history record information databases now and hereafter filed.
17    The  Department  of State Police shall charge the applicant a
18    fee for conducting the criminal history records check,  which
19    shall  be  deposited  in  the  State Police Services Fund and
20    shall not exceed the actual cost of the  records  check.  The
21    Department of State Police shall furnish pursuant to positive
22    identification, records of conviction to the Commission;
23        (8)  Issue  relocator's licenses, dispatcher's employment
24    permits, and operator's employment permits in accordance with
25    Article IV of this Chapter;
26        (9)  Establish fitness standards for  applicants  seeking
27    relocator licensees and holders of relocator licenses;
28        (10)  Upon  verified  complaint in writing by any person,
29    organization or body politic, or upon its own initiative may,
30    investigate  whether  any   commercial   vehicle   relocator,
31    operator,  dispatcher, or person otherwise required to comply
32    with any provision of this Chapter or  any  rule  promulgated
33    hereunder, has failed to comply with any provision or rule;
34        (11)  Whenever  the  Commission  receives notice from the
 
                            -36-     LRB093 05573 RLC 14371 a
 1    Secretary of State that any domestic or  foreign  corporation
 2    regulated  under  this  Chapter has not paid a franchise tax,
 3    license  fee  or  penalty   required   under   the   Business
 4    Corporation  Act  of  1983,  institute  proceedings  for  the
 5    revocation  of the license or right to engage in any business
 6    required under this Chapter or the suspension  thereof  until
 7    such  time  as  the  delinquent franchise tax, license fee or
 8    penalty is paid.
 9    (Source: P.A. 88-448.)

10        Section  50.  The Adoption Act  is  amended  by  changing
11    Section 6 as follows:

12        (750 ILCS 50/6) (from Ch. 40, par. 1508)
13        Sec.  6.  A.  Investigation;  all  cases.  Within 10 days
14    after the filing of a petition for the  adoption  or  standby
15    adoption  of  a  child  other than a related child, the court
16    shall  appoint  a  child  welfare  agency  approved  by   the
17    Department  of  Children  and  Family  Services,  or a person
18    deemed competent by the court, or in Cook  County  the  Court
19    Services  Division  of  the  Cook County Department of Public
20    Aid, or the Department of Children and Family Services if the
21    court determines that no child welfare agency is available or
22    that the petitioner is financially  unable  to  pay  for  the
23    investigation, to investigate accurately, fully and promptly,
24    the  allegations  contained  in  the petition; the character,
25    reputation, health and general standing in the  community  of
26    the  petitioners; the religious faith of the petitioners and,
27    if ascertainable, of the child  sought  to  be  adopted;  and
28    whether the petitioners are proper persons to adopt the child
29    and  whether  the  child is a proper subject of adoption. The
30    investigation required under this  Section  shall  include  a
31    fingerprint  based criminal background check with a review of
32    fingerprints by the Illinois State Police and Federal  Bureau
 
                            -37-     LRB093 05573 RLC 14371 a
 1    of Investigation authorities. Each petitioner subject to this
 2    investigation,  shall  submit  his or her fingerprints to the
 3    Department of State Police in the form and manner  prescribed
 4    by  the Department of State Police.  These fingerprints shall
 5    be checked against the fingerprint records now and  hereafter
 6    filed in the Department of State Police and Federal Bureau of
 7    Investigation   criminal   history  records  databases.   The
 8    Department of State Police shall charge a fee for  conducting
 9    the  criminal history records check, which shall be deposited
10    in the State Police Services Fund and shall  not  exceed  the
11    actual  cost  of  the  records check. The criminal background
12    check required by this Section shall  include  a  listing  of
13    when,  where  and  by  whom the criminal background check was
14    prepared.  The criminal background  check  required  by  this
15    Section shall not be more than two years old.
16        Neither  a  clerk  of  the  circuit court nor a judge may
17    require that  a  criminal  background  check  or  fingerprint
18    review  be  filed  with,  or  at the same time as, an initial
19    petition for adoption.
20        B.  Investigation; foreign-born child.  In the case of  a
21    child  born outside the United States or a territory thereof,
22    in addition to the investigation  required  under  subsection
23    (A)  of this Section, a post-placement investigation shall be
24    conducted in accordance with the requirements  of  the  Child
25    Care  Act of 1969, the Interstate Compact on the Placement of
26    Children, and regulations of the foreign placing  agency  and
27    the supervising agency.
28        The  requirements of a post-placement investigation shall
29    be deemed to have been satisfied if a valid  final  order  or
30    judgment of adoption has been entered by a court of competent
31    jurisdiction  in  a country other than the United States or a
32    territory  thereof  with  respect  to  such  child  and   the
33    petitioners.
34        C.  Report  of  investigation.  The court shall determine
 
                            -38-     LRB093 05573 RLC 14371 a
 1    whether the costs of the investigation shall  be  charged  to
 2    the petitioners. The information obtained as a result of such
 3    investigation  shall  be  presented to the court in a written
 4    report. The results of the criminal background check required
 5    under subsection (A) shall be provided to the court  for  its
 6    review.    The  court  may,  in  its  discretion,  weigh  the
 7    significance of the results of the criminal background  check
 8    against  the  entirety  of the background of the petitioners.
 9    The Court, in its discretion, may accept the  report  of  the
10    investigation  previously  made  by  a licensed child welfare
11    agency, if made within one year prior to  the  entry  of  the
12    judgment.  Such  report  shall be treated as confidential and
13    withheld from  inspection  unless  findings  adverse  to  the
14    petitioners  or  to  the  child  sought  to  be  adopted  are
15    contained  therein,  and in that event the court shall inform
16    the petitioners of the relevant portions  pertaining  to  the
17    adverse  findings.  In  no event shall any facts set forth in
18    the report be considered at the hearing  of  the  proceeding,
19    unless established by competent evidence. The report shall be
20    filed  with  the  record  of  the  proceeding.   If  the file
21    relating to the proceeding is not impounded, the report shall
22    be impounded by the clerk of the  court  and  shall  be  made
23    available for inspection only upon order of the court.
24        D.  Related  adoption.  Such  investigation  shall not be
25    made when the petition seeks to adopt a related child  or  an
26    adult unless the court, in its discretion, shall so order. In
27    such an event the court may appoint a person deemed competent
28    by the court.
29    (Source: P.A.  91-429,  eff.  1-1-00;  91-572,  eff.  1-1-00;
30    91-740, eff. 6-2-00.)".