HB2240ham001 94TH GENERAL ASSEMBLY

Rep. Deborah L. Graham

Filed: 4/11/2005

09400HB2240ham001 LRB094 03281 RLC 44378 a

AMENDMENT TO HOUSE BILL 2240

AMENDMENT NO. ______. Amend House Bill 2240 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Emergency Shelter Workers Criminal Background Check Act.

Section 5. Definitions. In this Act:

"Department" means the Department of State Police.

"Homeless person" means any person who has a nontraditional residence, including but not limited to, a shelter, day shelter, park bench, street corner, or space under a bridge.

"Overnight emergency shelter" means a facility that provides emergency sleeping accommodations for 12 or fewer hours, at least one meal, and supportive services to homeless persons.

"Transitional shelter" means a facility that provides shelter, food, and supportive services for up to 24 months to homeless persons.

"Youth emergency shelter" has the meaning ascribed to it in Section 2.21 of the Child Care Act of 1969.

Section 10. Emergency shelter worker criminal background check. After the effective date of this Act, an overnight emergency shelter or transitional shelter shall require an employee, volunteer, prospective employee, or prospective volunteer of the overnight emergency shelter or transitional shelter and a youth emergency shelter shall require a volunteer or prospective volunteer of the youth emergency shelter to submit to a criminal background check conducted by the Department of State Police and the Federal Bureau of Investigation as part of the requirements for employment or volunteer work at the shelter. If the employee, volunteer, prospective employee, or prospective volunteer's criminal background check indicates criminal conviction, the employee, volunteer, prospective employee, or prospective volunteer must further submit to a fingerprint-based criminal background check. The employee's, volunteer's, prospective employee's, or prospective volunteer's name, sex, race, date of birth, and social security number shall be forwarded to the Department of State Police to be searched against the Illinois criminal history records database in the form and manner prescribed by the Department of State Police. The Department of State Police shall charge a fee for conducting the search, which shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. Each employee, volunteer, prospective employee, or prospective volunteer requiring a fingerprint based search shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department. These fingerprints shall be checked against the fingerprint records now and hereafter filed with the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall charge a fee to the owner of the shelter for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department shall adopt rules to implement this Section.

Section 15. Penalty. A person, group of persons, association, or corporation that violates this Act is guilty of a Class A misdemeanor.".