093_HB3875

                                     LRB093 13562 MKM 18920 b

 1        AN ACT concerning park districts.

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

 4        Section  5. The Park District Code is amended by changing
 5    Section 8-23 as follows:

 6        (70 ILCS 1205/8-23)
 7        Sec. 8-23.  Criminal background investigations.
 8        (a)  An applicant for employment with a park district  is
 9    required  as  a  condition  of  employment  to  authorize  an
10    investigation   to   determine  if  the  applicant  has  been
11    convicted of any of the enumerated criminal or drug  offenses
12    in  subsection  (c)  of  this  Section or has been convicted,
13    within 7 years of the application  for  employment  with  the
14    park  district,  of  any  other felony under the laws of this
15    State or of any offense committed or attempted in  any  other
16    state  or  against  the  laws  of  the United States that, if
17    committed  or  attempted  in  this  State,  would  have  been
18    punishable  as  a  felony  under  the  laws  of  this  State.
19    Authorization for the investigation shall be furnished by the
20    applicant  to  the  park  district.  Upon  receipt  of   this
21    authorization, the park district shall submit the applicant's
22    name, sex, race, date of birth, and social security number to
23    the  Department  of  State  Police on forms prescribed by the
24    Department of State Police.  The Department of  State  Police
25    shall  conduct  a  search  of  the  Illinois criminal history
26    records  database  to  ascertain  if  the   applicant   being
27    considered for employment has been convicted of committing or
28    attempting  to  commit any of the enumerated criminal or drug
29    offenses in subsection  (c)  of  this  Section  or  has  been
30    convicted  of  committing  or  attempting to commit, within 7
31    years  of  the  application  for  employment  with  the  park
 
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 1    district, any other felony under the laws of this State.  The
 2    Department of State Police shall charge the park  district  a
 3    fee  for  conducting  the  investigation,  which fee shall be
 4    deposited in the State Police Services  Fund  and  shall  not
 5    exceed  the  cost of the inquiry.  The applicant shall not be
 6    charged a fee by the park district for the investigation.
 7        (b)  If the  search  of  the  Illinois  criminal  history
 8    record   database  indicates  that  the  applicant  has  been
 9    convicted of committing or attempting to commit  any  of  the
10    enumerated criminal or drug offenses in subsection (c) or has
11    been  convicted of committing or attempting to commit, within
12    7 years of the  application  for  employment  with  the  park
13    district,  any other felony under the laws of this State, the
14    Department  of  State  Police  and  the  Federal  Bureau   of
15    Investigation  shall furnish, pursuant to a fingerprint based
16    background check, records of convictions, until expunged,  to
17    the   president   of  the  park  district.   Any  information
18    concerning  the  record  of  convictions  obtained   by   the
19    president  shall  be confidential and may only be transmitted
20    to those persons who are necessary to the decision on whether
21    to hire the applicant for employment.  A copy of  the  record
22    of  convictions  obtained from the Department of State Police
23    shall be provided  to  the  applicant  for  employment.   Any
24    person  who  releases any confidential information concerning
25    any criminal convictions of an applicant for employment shall
26    be guilty of a Class A misdemeanor,  unless  the  release  of
27    such information is authorized by this Section.
28        (c)  No park district shall knowingly employ a person who
29    has  been  convicted  for  committing  attempted first degree
30    murder or for committing or attempting to commit first degree
31    murder, a Class X felony, or any one or more of the following
32    offenses:  (i) those defined in Sections 11-6,  11-9,  11-14,
33    11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
34    11-20,  11-20.1,  11-21,  12-13,  12-14,  12-14.1, 12-15, and
 
                            -3-      LRB093 13562 MKM 18920 b
 1    12-16 of the Criminal Code of 1961; (ii) those defined in the
 2    Cannabis Control Act, except those defined in Sections  4(a),
 3    4(b),  and  5(a)  of  that  Act;  (iii)  those defined in the
 4    Illinois Controlled Substances  Act;  and  (iv)  any  offense
 5    committed or attempted in any other state or against the laws
 6    of  the  United  States,  which, if committed or attempted in
 7    this State, would have been punishable as one or more of  the
 8    foregoing   offenses.    Further,   no  park  district  shall
 9    knowingly employ a person  who  has  been  found  to  be  the
10    perpetrator of sexual or physical abuse of any minor under 18
11    years  of age pursuant to proceedings under Article II of the
12    Juvenile Court Act of 1987.  No park district shall knowingly
13    employ a person for whom a criminal background  investigation
14    has not been initiated.
15        (d)  Notwithstanding subsection (c), no park district may
16    discharge any employee of a park district child care facility
17    or  deny  any  applicant  employment at a park district child
18    care facility on the basis of a prior conviction for  a  drug
19    offense if all of the following requirements are met:
20             (1)  The   relevant  criminal  offense  or  offenses
21        occurred  more  than  10  years  prior  to  the  date  of
22        application or the discovery by the park district of  the
23        conviction;
24             (2)  The    applicant   previously   disclosed   the
25        conviction  or  convictions  to  the  park  district  for
26        purposes of a background check;
27             (3)  During the background check, the park  district
28        assessed  and  waived  the  conviction in compliance with
29        existing statutes and rules in effect at the time of  the
30        waiver;
31             (4)  The  applicant meets all other requirements and
32        qualifications to be employed by the park district  under
33        this  Act  and  under  the park district's administrative
34        rules; and
 
                            -4-      LRB093 13562 MKM 18920 b
 1             (5)  The applicant  has  an  appropriate  employment
 2        history  and appears able to provide a safe, stable child
 3        care environment.
 4    (Source: P.A. 93-418, eff. 1-1-04.)