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90_HB2028
20 ILCS 505/11 from Ch. 23, par. 5011
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
225 ILCS 10/4.2 from Ch. 23, par. 2214.2
Amends the Children and Family Services Act, the School
Code, and the Child Care Act. Provides that the employment of
persons convicted of (i) child pornography, (ii) indecent
solicitation of a child, (ii) sexual exploitation of a child,
(iv) soliciting for a juvenile prostitute, (v) patronizing a
juvenile prostitute, (vi) keeping a place of juvenile
prostitution, (vii) juvenile pimping, (viii) exploitation of
a child, (ix) criminal sexual assault, (x) aggravated
criminal sexual assault, (xi) predatory criminal sexual
assault of a child, (xii) criminal sexual abuse, (xiii)
aggravated criminal sexual abuse, and (xiv) ritualized abuse
of child by a school, child care facility, or DCFS is a Class
A misdemeanor when the victim is under 18 years of age.
LRB9004730MWcc
LRB9004730MWcc
1 AN ACT concerning the employment of individuals convicted
2 of certain offenses, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by changing Section 11 as follows:
7 (20 ILCS 505/11) (from Ch. 23, par. 5011)
8 Sec. 11. To appoint and remove the superintendents of the
9 institutions operated by the Department, to obtain all other
10 employees subject to the provisions of the "Personnel Code",
11 and to conduct staff training programs for the development
12 and improvement of services. The Department shall not
13 knowingly employ a person who has been convicted of
14 committing any one or more of the offenses defined in
15 Sections 11-6, 11-9.1, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
16 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, and
17 12-33 of the Criminal Code of 1961. The employment of persons
18 convicted of committing any one or more of those offenses is
19 a Class A misdemeanor when the victim is under 18 years of
20 age.
21 (Source: Laws 1963, p. 1061.)
22 Section 10. The School Code is amended by changing
23 Sections 10-21.9 and 34-18.5 as follows:
24 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
25 Sec. 10-21.9. Criminal background investigations.
26 (a) After August 1, 1985, certified and noncertified
27 applicants for employment with a school district, except
28 school bus driver applicants, are required as a condition of
29 employment to authorize an investigation to determine if such
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1 applicants have been convicted of any of the enumerated
2 criminal or drug offenses in subsection (c) of this Section.
3 Authorization for the investigation shall be furnished by the
4 applicant to the school district, except that if the
5 applicant is a substitute teacher seeking employment in more
6 than one school district, a teacher seeking concurrent
7 part-time employment positions with more than one school
8 district (as a reading specialist, special education teacher
9 or otherwise), or an educational support personnel employee
10 seeking employment positions with more than one district, any
11 such district may require the applicant to furnish
12 authorization for the investigation to the regional
13 superintendent of the educational service region in which are
14 located the school districts in which the applicant is
15 seeking employment as a substitute or concurrent part-time
16 teacher or concurrent educational support personnel employee.
17 Upon receipt of this authorization, the school district or
18 the appropriate regional superintendent, as the case may be,
19 shall submit the applicant's name, sex, race, date of birth
20 and social security number to the Department of State Police
21 on forms prescribed by the Department. The regional
22 superintendent submitting the requisite information to the
23 Department of State Police shall promptly notify the school
24 districts in which the applicant is seeking employment as a
25 substitute or concurrent part-time teacher or concurrent
26 educational support personnel employee that the investigation
27 of the applicant has been requested. The Department of State
28 Police shall conduct an investigation to ascertain if the
29 applicant being considered for employment has been convicted
30 of any of the enumerated criminal or drug offenses in
31 subsection (c). The Department shall charge the school
32 district or the appropriate regional superintendent a fee for
33 conducting such investigation, which fee shall be deposited
34 in the State Police Services Fund and shall not exceed the
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1 cost of the inquiry; and the applicant shall not be charged a
2 fee for such investigation by the school district or by the
3 regional superintendent. The regional superintendent may
4 seek reimbursement from the State Board of Education or the
5 appropriate school district or districts for fees paid by the
6 regional superintendent to the Department for the criminal
7 background investigations required by this Section.
8 (b) The Department shall furnish, pursuant to positive
9 identification, records of convictions, until expunged, to
10 the president of the school board for the school district
11 which requested the investigation, or to the regional
12 superintendent who requested the investigation. Any
13 information concerning the record of convictions obtained by
14 the president of the school board or the regional
15 superintendent shall be confidential and may only be
16 transmitted to the superintendent of the school district or
17 his designee, the appropriate regional superintendent if the
18 investigation was requested by the school district, the
19 presidents of the appropriate 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) and so notifies
34 the regional superintendent, then the regional superintendent
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1 shall issue to the applicant a certificate evidencing that as
2 of the date specified by the Department of State Police the
3 applicant has not been convicted of any of the enumerated
4 criminal or drug offenses in subsection (c). The school
5 board of any school district located in the educational
6 service region served by the regional superintendent who
7 issues such a certificate to an applicant for employment as a
8 substitute teacher in more than one such district may rely on
9 the certificate issued by the regional superintendent to that
10 applicant, or may initiate its own investigation of the
11 applicant through the Department of State Police as provided
12 in subsection (a). Any person who releases any confidential
13 information concerning any criminal convictions of an
14 applicant for employment shall be guilty of a Class A
15 misdemeanor, unless the release of such information is
16 authorized by this Section.
17 (c) No school board shall knowingly employ a person who
18 has been convicted for committing attempted first degree
19 murder or for committing or attempting to commit first degree
20 murder or a Class X felony or any one or more of the
21 following offenses: (i) those defined in Sections 11-6, 11-9,
22 11-9.1, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
23 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21,
24 12-13, 12-14, 12-14.1, 12-15, and 12-16, and 12-33 of the
25 "Criminal Code of 1961"; (ii) those defined in the "Cannabis
26 Control Act" except those defined in Sections 4(a), 4(b) and
27 5(a) of that Act; (iii) those defined in the "Illinois
28 Controlled Substances Act"; and (iv) any offense committed or
29 attempted in any other state or against the laws of the
30 United States, which if committed or attempted in this State,
31 would have been punishable as one or more of the foregoing
32 offenses. The employment of a person convicted for committing
33 one or more of the offenses defined in Sections 11-6, 11-9.1,
34 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
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1 12-14, 12-14.1, 12-15, 12-16, and 12-33 of the Criminal Code
2 of 1961 is a Class A misdemeanor when the victim is under 18
3 years of age.
4 (d) No school board shall knowingly employ a person for
5 whom a criminal background investigation has not been
6 initiated.
7 (e) Upon receipt of the record of a conviction of a
8 holder of any certificate issued pursuant to Article 21 or
9 Section 34-8.1 or 34-83 of The School Code, the appropriate
10 regional superintendent of schools or the State
11 Superintendent of Education shall initiate the certificate
12 suspension and revocation proceedings authorized by law.
13 (f) After January 1, 1990 the provisions of this Section
14 shall apply to all employees of persons or firms holding
15 contracts with any school district including, but not limited
16 to, food service workers, school bus drivers and other
17 transportation employees, who have direct, daily contact with
18 the pupils of any school in such district. For purposes of
19 criminal background investigations on employees of persons or
20 firms holding contracts with more than one school district
21 and assigned to more than one school district, the regional
22 superintendent of the educational service region in which the
23 contracting school districts are located may, at the request
24 of any such school district, be responsible for receiving the
25 authorization for investigation prepared by each such
26 employee and submitting the same to the Department of State
27 Police. Any information concerning the record of conviction
28 of any such employee obtained by the regional superintendent
29 shall be promptly reported to the president of the
30 appropriate school board or school boards.
31 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
32 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
33 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
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1 Sec. 34-18.5. Criminal background investigations.
2 (a) After August 1, 1985, certified and noncertified
3 applicants for employment with the school district are
4 required as a condition of employment to authorize an
5 investigation to determine if such applicants have been
6 convicted of any of the enumerated criminal or drug offenses
7 in subsection (c) of this Section. Authorization for the
8 investigation shall be furnished by the applicant to the
9 school district, except that if the applicant is a substitute
10 teacher seeking employment in more than one school district,
11 or a teacher seeking concurrent part-time employment
12 positions with more than one school district (as a reading
13 specialist, special education teacher or otherwise), or an
14 educational support personnel employee seeking employment
15 positions with more than one district, any such district may
16 require the applicant to furnish authorization for the
17 investigation to the regional superintendent of the
18 educational service region in which are located the school
19 districts in which the applicant is seeking employment as a
20 substitute or concurrent part-time teacher or concurrent
21 educational support personnel employee. Upon receipt of this
22 authorization, the school district or the appropriate
23 regional superintendent, as the case may be, shall submit the
24 applicant's name, sex, race, date of birth and social
25 security number to the Department of State Police on forms
26 prescribed by the Department. The regional superintendent
27 submitting the requisite information to the Department of
28 State Police shall promptly notify the school districts in
29 which the applicant is seeking employment as a substitute or
30 concurrent part-time teacher or concurrent educational
31 support personnel employee that the investigation of the
32 applicant has been requested. The Department of State Police
33 shall conduct an investigation to ascertain if the applicant
34 being considered for employment has been convicted of any of
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1 the enumerated criminal or drug offenses in subsection (c).
2 The Department shall charge the school district or the
3 appropriate regional superintendent a fee for conducting such
4 investigation, which fee shall be deposited in the State
5 Police Services Fund and shall not exceed the cost of the
6 inquiry; and the applicant shall not be charged a fee for
7 such investigation by the school district or by the regional
8 superintendent. The regional superintendent may seek
9 reimbursement from the State Board of Education or the
10 appropriate school district or districts for fees paid by the
11 regional superintendent to the Department for the criminal
12 background investigations required by this Section.
13 (b) The Department shall furnish, pursuant to positive
14 identification, records of convictions, until expunged, to
15 the president of the board of education for the school
16 district which requested the investigation, or to the
17 regional superintendent who requested the investigation. Any
18 information concerning the record of convictions obtained by
19 the president of the board of education or the regional
20 superintendent shall be confidential and may only be
21 transmitted to the general superintendent of the school
22 district or his designee, the appropriate regional
23 superintendent if the investigation was requested by the
24 board of education for the school district, the presidents of
25 the appropriate board of education or school boards if the
26 investigation was requested from the Department of State
27 Police by the regional superintendent, the State
28 Superintendent of Education, the State Teacher Certification
29 Board or any other person necessary to the decision of hiring
30 the applicant for employment. A copy of the record of
31 convictions obtained from the Department of State Police
32 shall be provided to the applicant for employment. If an
33 investigation of an applicant for employment as a substitute
34 or concurrent part-time teacher or concurrent educational
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1 support personnel employee in more than one school district
2 was requested by the regional superintendent, and the
3 Department of State Police upon investigation ascertains that
4 the applicant has not been convicted of any of the enumerated
5 criminal or drug offenses in subsection (c) and so notifies
6 the regional superintendent, then the regional superintendent
7 shall issue to the applicant a certificate evidencing that as
8 of the date specified by the Department of State Police the
9 applicant has not been convicted of any of the enumerated
10 criminal or drug offenses in subsection (c). The school
11 board of any school district located in the educational
12 service region served by the regional superintendent who
13 issues such a certificate to an applicant for employment as a
14 substitute or concurrent part-time teacher or concurrent
15 educational support personnel employee 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) The board of education shall not knowingly employ a
25 person who has been convicted for committing attempted first
26 degree murder or for committing or attempting to commit first
27 degree murder or a Class X felony or any one or more of the
28 following offenses: (i) those defined in Sections 11-6,
29 11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
30 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
31 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16, and 12-33 of
32 the Criminal Code of 1961; (ii) those defined in the Cannabis
33 Control Act, except those defined in Sections 4(a), 4(b) and
34 5(a) of that Act; (iii) those defined in the Illinois
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1 Controlled Substances Act; and (iv) any offense committed or
2 attempted in any other state or against the laws of the
3 United States, which if committed or attempted in this State,
4 would have been punishable as one or more of the foregoing
5 offenses. The employment of a person convicted for committing
6 one or more of the offenses defined in Sections 11-6, 11-9.1,
7 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
8 12-14, 12-14.1, 12-15, 12-16, and 12-33 of the Criminal Code
9 of 1961 is a Class A misdemeanor when the victim is under 18
10 years of age.
11 (d) The board of education shall not knowingly employ a
12 person for whom a criminal background investigation has not
13 been initiated.
14 (e) Upon receipt of the record of a conviction of a
15 holder of any certificate issued pursuant to Article 21 or
16 Section 34-8.1 or 34-83 of The School Code, the board of
17 education or the State Superintendent of Education shall
18 initiate the certificate suspension and revocation
19 proceedings authorized by law.
20 (f) After March 19, 1990, the provisions of this Section
21 shall apply to all employees of persons or firms holding
22 contracts with any school district including, but not limited
23 to, food service workers, school bus drivers and other
24 transportation employees, who have direct, daily contact with
25 the pupils of any school in such district. For purposes of
26 criminal background investigations on employees of persons or
27 firms holding contracts with more than one school district
28 and assigned to more than one school district, the regional
29 superintendent of the educational service region in which the
30 contracting school districts are located may, at the request
31 of any such school district, be responsible for receiving the
32 authorization for investigation prepared by each such
33 employee and submitting the same to the Department of State
34 Police. Any information concerning the record of conviction
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1 of any such employee obtained by the regional superintendent
2 shall be promptly reported to the president of the
3 appropriate school board or school boards.
4 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
5 89-610, eff. 8-6-96.)
6 Section 15. The Child Care Act of 1969 is amended by
7 changing Section 4.2 as follows:
8 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
9 Sec. 4.2. (a) No applicant may receive a license from
10 the Department and no person may be employed by a licensed
11 child care facility who refuses to authorize an investigation
12 as required by Section 4.1.
13 (b) No applicant may receive a license from the
14 Department and no person may be employed by a child care
15 facility licensed by the Department who has been declared a
16 sexually dangerous person under "An Act in relation to
17 sexually dangerous persons, and providing for their
18 commitment, detention and supervision", approved July 6,
19 1938, as amended, or convicted of committing or attempting to
20 commit any of the following offenses stipulated under the
21 Criminal Code of 1961:
22 (1) murder;
23 (1.1) solicitation of murder;
24 (1.2) solicitation of murder for hire;
25 (1.3) intentional homicide of an unborn child;
26 (1.4) voluntary manslaughter of an unborn child;
27 (1.5) involuntary manslaughter;
28 (1.6) reckless homicide;
29 (1.7) concealment of a homicidal death;
30 (1.8) involuntary manslaughter of an unborn child;
31 (1.9) reckless homicide of an unborn child;
32 (1.10) drug induced homicide;
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1 (2) a sex offense under Article 11, except offenses
2 described in Sections 11-7, 11-8, 11-12, and 11-13;
3 (3) kidnapping;
4 (3.1) aggravated unlawful restraint;
5 (3.2) forcible detention;
6 (3.3) harboring a runaway;
7 (3.4) aiding and abetting child abduction;
8 (4) aggravated kidnapping;
9 (5) child abduction;
10 (6) aggravated battery of a child;
11 (7) criminal sexual assault;
12 (8) aggravated criminal sexual assault;
13 (8.1) predatory criminal sexual assault of a child;
14 (9) criminal sexual abuse;
15 (10) aggravated criminal sexual abuse;
16 (11) heinous battery;
17 (12) aggravated battery with a firearm;
18 (13) tampering with food, drugs, or cosmetics;
19 (14) drug induced infliction of great bodily harm;
20 (15) hate crime;
21 (16) stalking;
22 (17) aggravated stalking;
23 (18) threatening public officials;
24 (19) home invasion;
25 (20) vehicular invasion;
26 (21) criminal transmission of HIV;
27 (22) criminal neglect of an elderly or disabled
28 person;
29 (23) child abandonment;
30 (24) endangering the life or health of a child;
31 (25) ritual mutilation;
32 (26) ritualized abuse of a child;
33 (27) an offense in any other state the elements of
34 which are similar and bear a substantial relationship to
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1 any of the foregoing offenses. The employment of a person
2 convicted for committing one or more of the offenses
3 defined in Sections 11-6, 11-9.1, 11-15.1, 11-17.1,
4 11-18.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14,
5 12-14.1, 12-15, 12-16, and 12-33 of the Criminal Code of
6 1961 is a Class A misdemeanor when the victim is under 18
7 years of age.
8 (c) In addition to the provisions set forth in
9 subsection (b), no applicant may receive a license from the
10 Department to operate a foster family home, and no adult
11 person may reside in a foster family home licensed by the
12 Department, who has been convicted of committing or
13 attempting to commit any of the following offenses stipulated
14 under the Criminal Code of 1961, the Cannabis Control Act,
15 and the Illinois Controlled Substances Act:
16 (I) OFFENSES DIRECTED AGAINST THE PERSON
17 (A) KIDNAPPING AND RELATED OFFENSES
18 (1) Unlawful restraint.
19 (B) BODILY HARM
20 (2) Felony aggravated assault.
21 (3) Vehicular endangerment.
22 (4) Felony domestic battery.
23 (5) Aggravated battery.
24 (6) Heinous battery.
25 (7) Aggravated battery with a firearm.
26 (8) Aggravated battery of an unborn child.
27 (9) Aggravated battery of a senior citizen.
28 (10) Intimidation.
29 (11) Compelling organization membership of persons.
30 (12) Abuse and gross neglect of a long term care
31 facility resident.
32 (13) Felony violation of an order of protection.
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1 (II) OFFENSES DIRECTED AGAINST PROPERTY
2 (14) Felony theft.
3 (15) Robbery.
4 (16) Armed robbery.
5 (17) Aggravated robbery.
6 (18) Vehicular hijacking.
7 (19) Aggravated vehicular hijacking.
8 (20) Burglary.
9 (21) Possession of burglary tools.
10 (22) Residential burglary.
11 (23) Criminal fortification of a residence or
12 building.
13 (24) Arson.
14 (25) Aggravated arson.
15 (26) Possession of explosive or explosive
16 incendiary devices.
17 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
18 (27) Felony unlawful use of weapons.
19 (28) Aggravated discharge of a firearm.
20 (29) Reckless discharge of a firearm.
21 (30) Unlawful use of metal piercing bullets.
22 (31) Unlawful sale or delivery of firearms on the
23 premises of any school.
24 (32) Disarming a police officer.
25 (33) Obstructing justice.
26 (34) Concealing or aiding a fugitive.
27 (35) Armed violence.
28 (36) Felony contributing to the criminal
29 delinquency of a juvenile.
30 (IV) DRUG OFFENSES
31 (37) Possession of more than 30 grams of cannabis.
32 (38) Manufacture of more than 10 grams of cannabis.
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1 (39) Cannabis trafficking.
2 (40) Delivery of cannabis on school grounds.
3 (41) Unauthorized production of more than 5
4 cannabis sativa plants.
5 (42) Calculated criminal cannabis conspiracy.
6 (43) Unauthorized manufacture or delivery of
7 controlled substances.
8 (44) Controlled substance trafficking.
9 (45) Manufacture, distribution, or advertisement of
10 look-alike substances.
11 (46) Calculated criminal drug conspiracy.
12 (46.5) Streetgang criminal drug conspiracy.
13 (47) Permitting unlawful use of a building.
14 (48) Delivery of controlled, counterfeit, or
15 look-alike substances to persons under age 18, or at
16 truck stops, rest stops, or safety rest areas, or on
17 school property.
18 (49) Using, engaging, or employing persons under 18
19 to deliver controlled, counterfeit, or look-alike
20 substances.
21 (50) Delivery of controlled substances.
22 (51) Sale or delivery of drug paraphernalia.
23 (52) Felony possession, sale, or exchange of
24 instruments adapted for use of a controlled substance or
25 cannabis by subcutaneous injection.
26 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
27 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
28 6-27-96.)