Rep. Michael G. Connelly

Filed: 5/3/2011

 

 


 

 


 
09700SB2286ham001LRB097 10006 RLC 54950 a

1
AMENDMENT TO SENATE BILL 2286

2    AMENDMENT NO. ______. Amend Senate Bill 2286 on page 4, by
3inserting immediately below line 9 the following:
 
4    "Section 6. The Chicago Park District Act is amended by
5changing Section 16a-5 as follows:
 
6    (70 ILCS 1505/16a-5)
7    (Text of Section before amendment by P.A. 96-1551)
8    Sec. 16a-5. Criminal background investigations.
9    (a) An applicant for employment with the Chicago Park
10District is required as a condition of employment to authorize
11an investigation to determine if the applicant has been
12convicted of, or adjudicated a delinquent minor for, any of the
13enumerated criminal or drug offenses in subsection (c) of this
14Section or has been convicted, within 7 years of the
15application for employment with the Chicago Park District, of
16any other felony under the laws of this State or of any offense

 

 

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1committed or attempted in any other state or against the laws
2of the United States that, if committed or attempted in this
3State, would have been punishable as a felony under the laws of
4this State. Authorization for the investigation shall be
5furnished by the applicant to the Chicago Park District. Upon
6receipt of this authorization, the Chicago Park District shall
7submit the applicant's name, sex, race, date of birth, and
8social security number to the Department of State Police on
9forms prescribed by the Department of State Police. The
10Department of State Police shall conduct a search of the
11Illinois criminal history record information database to
12ascertain if the applicant being considered for employment has
13been convicted of, or adjudicated a delinquent minor for,
14committing or attempting to commit any of the enumerated
15criminal or drug offenses in subsection (c) of this Section or
16has been convicted, of committing or attempting to commit
17within 7 years of the application for employment with the
18Chicago Park District, any other felony under the laws of this
19State. The Department of State Police shall charge the Chicago
20Park District a fee for conducting the investigation, which fee
21shall be deposited in the State Police Services Fund and shall
22not exceed the cost of the inquiry. The applicant shall not be
23charged a fee by the Chicago Park District for the
24investigation.
25    (b) If the search of the Illinois criminal history record
26database indicates that the applicant has been convicted of, or

 

 

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1adjudicated a delinquent minor for, committing or attempting to
2commit any of the enumerated criminal or drug offenses in
3subsection (c) or has been convicted of committing or
4attempting to commit, within 7 years of the application for
5employment with the Chicago Park District, any other felony
6under the laws of this State, the Department of State Police
7and the Federal Bureau of Investigation shall furnish, pursuant
8to a fingerprint based background check, records of convictions
9or adjudications as a delinquent minor, until expunged, to the
10General Superintendent and Chief Executive Officer of the
11Chicago Park District. Any information concerning the record of
12convictions or adjudications as a delinquent minor obtained by
13the General Superintendent and Chief Executive Officer shall be
14confidential and may only be transmitted to those persons who
15are necessary to the decision on whether to hire the applicant
16for employment. A copy of the record of convictions or
17adjudications as a delinquent minor obtained from the
18Department of State Police shall be provided to the applicant
19for employment. Any person who releases any confidential
20information concerning any criminal convictions or
21adjudications as a delinquent minor of an applicant for
22employment shall be guilty of a Class A misdemeanor, unless the
23release of such information is authorized by this Section.
24    (c) The Chicago Park District may not knowingly employ a
25person who has been convicted, or adjudicated a delinquent
26minor, for committing attempted first degree murder or for

 

 

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1committing or attempting to commit first degree murder, a Class
2X felony, or any one or more of the following offenses: (i)
3those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1,
411-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
511-21, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
6and 12-16 of the Criminal Code of 1961; (ii) those defined in
7the Cannabis Control Act, except those defined in Sections
84(a), 4(b), and 5(a) of that Act; (iii) those defined in the
9Illinois Controlled Substances Act; (iv) those defined in the
10Methamphetamine Control and Community Protection Act; and (v)
11any offense committed or attempted in any other state or
12against the laws of the United States, which, if committed or
13attempted in this State, would have been punishable as one or
14more of the foregoing offenses. Further, the Chicago Park
15District may not knowingly employ a person who has been found
16to be the perpetrator of sexual or physical abuse of any minor
17under 18 years of age pursuant to proceedings under Article II
18of the Juvenile Court Act of 1987. The Chicago Park District
19may not knowingly employ a person for whom a criminal
20background investigation has not been initiated.
21(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
22    (Text of Section after amendment by P.A. 96-1551)
23    Sec. 16a-5. Criminal background investigations.
24    (a) An applicant for employment with the Chicago Park
25District is required as a condition of employment to authorize

 

 

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1an investigation to determine if the applicant has been
2convicted of, or adjudicated a delinquent minor for, any of the
3enumerated criminal or drug offenses in subsection (c) of this
4Section or has been convicted, within 7 years of the
5application for employment with the Chicago Park District, of
6any other felony under the laws of this State or of any offense
7committed or attempted in any other state or against the laws
8of the United States that, if committed or attempted in this
9State, would have been punishable as a felony under the laws of
10this State. Authorization for the investigation shall be
11furnished by the applicant to the Chicago Park District. Upon
12receipt of this authorization, the Chicago Park District shall
13submit the applicant's name, sex, race, date of birth, and
14social security number to the Department of State Police on
15forms prescribed by the Department of State Police. The
16Department of State Police shall conduct a search of the
17Illinois criminal history record information database to
18ascertain if the applicant being considered for employment has
19been convicted of, or adjudicated a delinquent minor for,
20committing or attempting to commit any of the enumerated
21criminal or drug offenses in subsection (c) of this Section or
22has been convicted, of committing or attempting to commit
23within 7 years of the application for employment with the
24Chicago Park District, any other felony under the laws of this
25State. The Department of State Police shall charge the Chicago
26Park District a fee for conducting the investigation, which fee

 

 

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1shall be deposited in the State Police Services Fund and shall
2not exceed the cost of the inquiry. The applicant shall not be
3charged a fee by the Chicago Park District for the
4investigation.
5    (b) If the search of the Illinois criminal history record
6database indicates that the applicant has been convicted of, or
7adjudicated a delinquent minor for, committing or attempting to
8commit any of the enumerated criminal or drug offenses in
9subsection (c) or has been convicted of committing or
10attempting to commit, within 7 years of the application for
11employment with the Chicago Park District, any other felony
12under the laws of this State, the Department of State Police
13and the Federal Bureau of Investigation shall furnish, pursuant
14to a fingerprint based background check, records of convictions
15or adjudications as a delinquent minor, until expunged, to the
16General Superintendent and Chief Executive Officer of the
17Chicago Park District. Any information concerning the record of
18convictions or adjudications as a delinquent minor obtained by
19the General Superintendent and Chief Executive Officer shall be
20confidential and may only be transmitted to those persons who
21are necessary to the decision on whether to hire the applicant
22for employment. A copy of the record of convictions or
23adjudications as a delinquent minor obtained from the
24Department of State Police shall be provided to the applicant
25for employment. Any person who releases any confidential
26information concerning any criminal convictions or

 

 

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1adjudications as a delinquent minor of an applicant for
2employment shall be guilty of a Class A misdemeanor, unless the
3release of such information is authorized by this Section.
4    (c) The Chicago Park District may not knowingly employ a
5person who has been convicted, or adjudicated a delinquent
6minor, for committing attempted first degree murder or for
7committing or attempting to commit first degree murder, a Class
8X felony, or any one or more of the following offenses: (i)
9those defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1011-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
1111-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
1211-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5,
1312-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
141961; (ii) those defined in the Cannabis Control Act, except
15those defined in Sections 4(a), 4(b), and 5(a) of that Act;
16(iii) those defined in the Illinois Controlled Substances Act;
17(iv) those defined in the Methamphetamine Control and Community
18Protection Act; and (v) any offense committed or attempted in
19any other state or against the laws of the United States,
20which, if committed or attempted in this State, would have been
21punishable as one or more of the foregoing offenses. Further,
22the Chicago Park District may not knowingly employ a person who
23has been found to be the perpetrator of sexual or physical
24abuse of any minor under 18 years of age pursuant to
25proceedings under Article II of the Juvenile Court Act of 1987.
26The Chicago Park District may not knowingly employ a person for

 

 

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1whom a criminal background investigation has not been
2initiated.
3(Source: P.A. 96-1551, eff. 7-1-11.)"; and
 
4on page 7, by replacing line 25 with the following:
5"District Code or Section 16a-5 of the Chicago Park District
6Act concerning a person who is seeking employment"; and
 
7on page 8, by replacing line 2 with the following:
8"subsection (c) of Section 8-23 of the Park District Code or
9subsection (c) of Section 16a-5 of the Chicago Park District
10Act."; and
 
11on page 13, by replacing line 24 with the following:
12"District Code or Section 16a-5 of the Chicago Park District
13Act concerning a person who is seeking employment"; and
 
14on page 14, by replacing line 1 with the following:
15"subsection (c) of Section 8-23 of the Park District Code or
16subsection (c) of Section 16a-5 of the Chicago Park District
17Act."; and
 
18on page 16, by inserting immediately below line 18 the
19following:
 
20    "Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.".