Public Act 093-0418
Public Act 93-0418 of the 93rd General Assembly
Public Act 93-0418
HB0564 Enrolled LRB093 05574 MBS 05666 b
AN ACT in relation to criminal history records.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Secretary of State Merit Employment Code
is amended by changing Section 10b.1 as follows:
(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
Sec. 10b.1. (a) Competitive examinations. For open
competitive examinations to test the relative fitness of
applicants for the respective positions. Tests shall be
designed to eliminate those who are not qualified for
entrance into the Office of the Secretary of State and to
discover the relative fitness of those who are qualified.
The Director may use any one of or any combination of the
following examination methods which in his judgment best
serves this end: investigation of education and experience;
test of cultural knowledge; test of capacity; test of
knowledge; test of manual skill; test of linguistic ability;
test of character; test of physical skill; test of
psychological fitness. No person with a record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
of 1961, or arrested for any cause but not convicted thereon
shall be disqualified from taking such examinations or
subsequent appointment unless the person is attempting to
qualify for a position which would give him the powers of a
peace officer, in which case the person's conviction or
arrest record may be considered as a factor in determining
the person's fitness for the position. All examinations
shall be announced publicly at least 2 weeks in advance of
the date of examinations and may be advertised through the
press, radio or other media.
The Director may, at his discretion, accept the results
of competitive examinations conducted by any merit system
established by Federal law or by the law of any State, and
may compile eligible lists therefrom or may add the names of
successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director
of Personnel and unless there are less than 3 Illinois
residents available for appointment from the appropriate
eligible list. The results of the examinations conducted by
other merit systems may not be used unless they are
comparable in difficulty and comprehensiveness to
examinations conducted by the Department of Personnel for
similar positions. Special linguistic options may also be
established where deemed appropriate.
(b) The Director of Personnel may require that each
person seeking employment with the Secretary of State, as
part of the application process, authorize an investigation
to determine if the applicant has ever been convicted of a
crime and if so, the disposition of those convictions; this
authorization shall indicate the scope of the inquiry and the
agencies which may be contacted. Upon this authorization,
the Director of Personnel may request and receive information
and assistance from any federal, state or local governmental
agency as part of the authorized investigation. The
investigation shall be undertaken after the fingerprinting of
an applicant in the form and manner prescribed by the
Department of State Police. The investigation shall consist
of a criminal history records check performed by the
Department of State Police and the Federal Bureau of
Investigation, or some other entity that has the ability to
check the applicant's fingerprints against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history
records databases. If the Department of State Police and the
Federal Bureau of Investigation conduct an investigation
directly for the Secretary of State's Office, then the
Department of State Police shall charge a fee 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 of State
Police shall provide information concerning any criminal
convictions, and their disposition, brought against the
applicant or prospective employee of the Secretary of State
upon request of the Department of Personnel when the request
is made in the form and manner required by the Department of
State Police. The information derived from this
investigation, including the source of this information, and
any conclusions or recommendations derived from this
information by the Director of Personnel shall be provided to
the applicant or prospective employee, or his designee, upon
request to the Director of Personnel prior to any final
action by the Director of Personnel on the application. No
information obtained from such investigation may be placed in
any automated information system. Any criminal convictions
and their disposition information obtained by the Director of
Personnel shall be confidential and may not be transmitted
outside the Office of the Secretary of State, except as
required herein, and may not be transmitted to anyone within
the Office of the Secretary of State except as needed for the
purpose of evaluating the application. The only physical
identity materials which the applicant or prospective
employee can be required to provide the Director of Personnel
are photographs or fingerprints; these shall be returned to
the applicant or prospective employee upon request to the
Director of Personnel, after the investigation has been
completed and no copy of these materials may be kept by the
Director of Personnel or any agency to which such identity
materials were transmitted. Only information and standards
which bear a reasonable and rational relation to the
performance of an employee shall be used by the Director of
Personnel. The Secretary of State shall adopt rules and
regulations for the administration of this Section. Any
employee of the Secretary of State who gives or causes to be
given away any confidential information concerning any
criminal convictions and their disposition of an applicant or
prospective employee shall be guilty of a Class A misdemeanor
unless release of such information is authorized by this
Section.
(Source: P.A. 84-25.)
Section 6. The Park District Code is amended by changing
Section 8-23 as follows:
(70 ILCS 1205/8-23)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is
required as a condition of employment to authorize an
investigation to determine if the applicant has been
convicted of any of the enumerated criminal or drug offenses
in subsection (c) of this Section or has been convicted,
within 7 years of the application for employment with the
park district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the park district. Upon receipt of this
authorization, the park district shall submit the applicant's
name, sex, race, date of birth, and social security number to
the Department of State Police on forms prescribed by the
Department of State Police. The Department of State Police
shall conduct a search of the Illinois criminal history
records database an investigation to ascertain if the
applicant being considered for employment has been convicted
of committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) of this Section
or has been convicted of committing or attempting to commit,
within 7 years of the application for employment with the
park district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The
Department of State Police shall charge the park district a
fee for conducting the investigation, which fee shall be
deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry. The applicant shall not be
charged a fee by the park district for the investigation.
(b) If the search of the Illinois criminal history
record database indicates that the applicant has been
convicted of committing or attempting to commit any of the
enumerated criminal or drug offenses in subsection (c) or has
been convicted of committing or attempting to commit, within
7 years of the application for employment with the park
district, any other felony under the laws of this State, the
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint based
background check positive identification, records of
convictions, until expunged, to the president of the park
district. Any information concerning the record of
convictions obtained by the president shall be confidential
and may only be transmitted to those persons who are
necessary to the decision on whether to hire the applicant
for employment. A copy of the record of convictions obtained
from the Department of State Police shall be provided to the
applicant for employment. Any person who releases any
confidential information concerning any criminal convictions
of an applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
(c) No park district shall knowingly employ a person who
has been convicted for committing attempted first degree
murder or for committing or attempting to commit first degree
murder, a Class X felony, or any one or more of the following
offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and
12-16 of the Criminal Code of 1961; (ii) those defined in the
Cannabis Control Act, except those defined in Sections 4(a),
4(b), and 5(a) of that Act; (iii) those defined in the
Illinois Controlled Substances Act; and (iv) any offense
committed or attempted in any other state or against the laws
of the United States, which, if committed or attempted in
this State, would have been punishable as one or more of the
foregoing offenses. Further, no park district shall
knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987. No park district shall knowingly
employ a person for whom a criminal background investigation
has not been initiated.
(Source: P.A. 91-885, eff. 7-6-00.)
Section 7. The Chicago Park District Act is amended by
changing Section 16a-5 as follows:
(70 ILCS 1505/16a-5)
Sec. 16a-5. Criminal background investigations.
(a) An applicant for employment with the Chicago Park
District is required as a condition of employment to
authorize an investigation to determine if the applicant has
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been
convicted, within 7 years of the application for employment
with the Chicago Park District, of any other felony under the
laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have
been punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the Chicago Park District. Upon receipt of this
authorization, the Chicago Park District shall submit the
applicant's name, sex, race, date of birth, and social
security number to the Department of State Police on forms
prescribed by the Department of State Police. The Department
of State Police shall conduct a search of the Illinois
criminal history record information database an investigation
to ascertain if the applicant being considered for employment
has been convicted of committing or attempting to commit any
of the enumerated criminal or drug offenses in subsection (c)
of this Section or has been convicted, of committing or
attempting to commit within 7 years of the application for
employment with the Chicago Park District, of any other
felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws
of this State. The Department of State Police shall charge
the Chicago Park District a fee for conducting the
investigation, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of the
inquiry. The applicant shall not be charged a fee by the
Chicago Park District for the investigation.
(b) If the search of the Illinois criminal history
record database indicates that the applicant has been
convicted of committing or attempting to commit any of the
enumerated criminal or drug offenses in subsection (c) or has
been convicted of committing or attempting to commit, within
7 years of the application for employment with the Chicago
Park District, any other felony under the laws of this State,
the Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint based
background check, positive identification, records of
convictions, until expunged, to the General Superintendent
and Chief Executive Officer of the Chicago Park District.
Any information concerning the record of convictions obtained
by the General Superintendent and Chief Executive Officer
shall be confidential and may only be transmitted to those
persons who are necessary to the decision on whether to hire
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. Any
person who releases any confidential information concerning
any criminal convictions of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of
such information is authorized by this Section.
(c) The Chicago Park District may not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder, a Class X felony, or any one or more of the
following offenses: (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
those defined in the Cannabis Control Act, except those
defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii)
those defined in the Illinois Controlled Substances Act; and
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, the Chicago Park
District may not knowingly employ a person who has been found
to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. The Chicago
Park District may not knowingly employ a person for whom a
criminal background investigation has not been initiated.
(Source: P.A. 91-885, eff. 7-6-00.)
Section 10. The School Code is amended by changing
Sections 10-21.9 and 34-18.5 as follows:
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified
applicants for employment with a school district, except
school bus driver applicants, are required as a condition of
employment to authorize an investigation to determine if such
applicants have been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section
or have been convicted, within 7 years of the application for
employment with the school district, of any other felony
under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the
United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this
State. Authorization for the investigation shall be furnished
by the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the investigation to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or
the appropriate regional superintendent, as the case may be,
shall submit the applicant's name, sex, race, date of birth
and social security number to the Department of State Police
on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the investigation
of the applicant has been requested. The Department of State
Police shall conduct a search of the Illinois criminal
history records database an investigation to ascertain if the
applicant being considered for employment has been convicted
of committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a
felony under the laws of this State. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such investigation, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such investigation by the
school district or by the regional superintendent. The
regional superintendent may seek reimbursement from the State
Board of Education or the appropriate school district or
districts for fees paid by the regional superintendent to the
Department for the criminal background investigations
required by this Section.
(b) If the search of the Illinois criminal history
records database indicates that the applicant has been
convicted of committing or attempting to commit any of the
enumerated criminal or drug offenses in subsection (c) or has
been convicted of committing or attempting to commit, within
7 years before the application for employment with the school
district, any other felony under the laws of this State, the
Department and the Federal Bureau of Investigation shall
furnish, pursuant to a fingerprint based background check
positive identification, records of convictions, until
expunged, to the president of the school board for the school
district which requested the investigation, or to the
regional superintendent who requested the investigation. Any
information concerning the record of convictions obtained by
the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
investigation was requested by the school district, the
presidents of the appropriate school boards if the
investigation was requested from the Department of State
Police by the regional superintendent, the State
Superintendent of Education, the State Teacher Certification
Board or any other person necessary to the decision of hiring
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. If an
investigation of an applicant for employment as a substitute
or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district
was requested by the regional superintendent, and the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws
of this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional
superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Department of
State Police the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or
has not been convicted, within 7 years of the application for
employment with the school district, of any other felony
under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the
United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this
State. The school board of any school district located in
the educational service region served by the regional
superintendent who issues such a certificate to an applicant
for employment as a substitute teacher in more than one such
district may rely on the certificate issued by the regional
superintendent to that applicant, or may initiate its own
investigation of the applicant through the Department of
State Police as provided in subsection (a). Any person who
releases any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of
a Class A misdemeanor, unless the release of such information
is authorized by this Section.
(c) No school board shall knowingly employ a person who
has been convicted for committing attempted first degree
murder or for committing or attempting to commit first degree
murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6, 11-9,
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
and 12-16 of the "Criminal Code of 1961"; (ii) those defined
in the "Cannabis Control Act" except those defined in
Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
in the "Illinois Controlled Substances Act"; and (iv) any
offense committed or attempted in any other state or against
the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, no school board
shall knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
(d) No school board shall knowingly employ a person for
whom a criminal background investigation has not been
initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School Code, the appropriate regional superintendent of
schools or the State Superintendent of Education shall
initiate the certificate suspension and revocation
proceedings authorized by law.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal background investigations on employees of persons or
firms holding contracts with more than one school district
and assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request
of any such school district, be responsible for receiving the
authorization for investigation prepared by each such
employee and submitting the same to the Department of State
Police. Any information concerning the record of conviction
of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the
appropriate school board or school boards.
(Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified
applicants for employment with the school district are
required as a condition of employment to authorize an
investigation to determine if such applicants have been
convicted of any of the enumerated criminal or drug offenses
in subsection (c) of this Section or have been convicted,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, or a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the investigation to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or
the appropriate regional superintendent, as the case may be,
shall submit the applicant's name, sex, race, date of birth
and social security number to the Department of State Police
on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the investigation
of the applicant has been requested. The Department of State
Police shall conduct a search of the Illinois Criminal
history record information database an investigation to
ascertain if the applicant being considered for employment
has been convicted of committing or attempting to commit any
of the enumerated criminal or drug offenses in subsection (c)
or has been convicted of committing or attempting to commit,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The
Department shall charge the school district or the
appropriate regional superintendent a fee for conducting such
investigation, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of the
inquiry; and the applicant shall not be charged a fee for
such investigation by the school district or by the regional
superintendent. The regional superintendent may seek
reimbursement from the State Board of Education or the
appropriate school district or districts for fees paid by the
regional superintendent to the Department for the criminal
background investigations required by this Section.
(b) If the search of the Illinois criminal history
records database indicates that the applicant has been
convicted of committing or attempting to commit any of the
enumerated criminal or drug offenses in subsection (c) or has
been convicted of committing or attempting to commit, within
7 years of the application for employment with the school
district, any other felony under the laws of this State, the
Department and the Federal Bureau of Investigation shall
furnish, pursuant to a fingerprint based background check
positive identification, records of convictions, until
expunged, to the president of the board of education for the
school district which requested the investigation, or to the
regional superintendent who requested the investigation. Any
information concerning the record of convictions obtained by
the president of the board of education or the regional
superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the investigation was requested by the
board of education for the school district, the presidents of
the appropriate board of education or school boards if the
investigation was requested from the Department of State
Police by the regional superintendent, the State
Superintendent of Education, the State Teacher Certification
Board or any other person necessary to the decision of hiring
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police
shall be provided to the applicant for employment. If an
investigation of an applicant for employment as a substitute
or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district
was requested by the regional superintendent, and the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws
of this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional
superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Department of
State Police the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or
has not been convicted, within 7 years of the application for
employment with the school district, of any other felony
under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the
United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this
State. The school board of any school district located in
the educational service region served by the regional
superintendent who issues such a certificate to an applicant
for employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
in more than one such district may rely on the certificate
issued by the regional superintendent to that applicant, or
may initiate its own investigation of the applicant through
the Department of State Police as provided in subsection (a).
Any person who releases any confidential information
concerning any criminal convictions of an applicant for
employment shall be guilty of a Class A misdemeanor, unless
the release of such information is authorized by this
Section.
(c) The board of education shall not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
those defined in the Cannabis Control Act, except those
defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the Illinois Controlled Substances Act; and
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of
any minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987.
(d) The board of education shall not knowingly employ a
person for whom a criminal background investigation has not
been initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School Code, the board of education or the State
Superintendent of Education shall initiate the certificate
suspension and revocation proceedings authorized by law.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal background investigations on employees of persons or
firms holding contracts with more than one school district
and assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request
of any such school district, be responsible for receiving the
authorization for investigation prepared by each such
employee and submitting the same to the Department of State
Police. Any information concerning the record of conviction
of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the
appropriate school board or school boards.
(Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)
Section 15. The Child Care Act of 1969 is amended by
changing Section 4.1 as follows:
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
Sec. 4.1. Criminal Background Investigations. The
Department shall require that each child care facility
license applicant as part of the application process, and
each employee of a child care facility as a condition of
employment, authorize an investigation to determine if such
applicant or employee has ever been charged with a crime and
if so, the disposition of those charges; this authorization
shall indicate the scope of the inquiry and the agencies
which may be contacted. Upon this authorization, the Director
shall request and receive information and assistance from any
federal, State or local governmental agency as part of the
authorized investigation. Each applicant shall submit his or
her fingerprints to the Department of State Police in the
form and manner prescribed by the Department of State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history
records databases. The Department of State Police shall
charge a fee 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 of State Police shall provide
information concerning any criminal charges, and their
disposition, now or hereafter filed, against an applicant or
child care facility employee upon request of the Department
of Children and Family Services when the request is made in
the form and manner required by the Department of State
Police.
Information concerning convictions of a license applicant
investigated under this Section, including the source of the
information and any conclusions or recommendations derived
from the information, shall be provided, upon request, to
such applicant prior to final action by the Department on the
application. State conviction information provided by the
Department of State Police regarding Such information on
convictions of employees or prospective employees of child
care facilities licensed under this Act shall be provided to
the operator of such facility, and, upon request, to the
employee or prospective employee. Any information concerning
criminal charges and the disposition of such charges obtained
by the Department shall be confidential and may not be
transmitted outside the Department, except as required
herein, and may not be transmitted to anyone within the
Department except as needed for the purpose of evaluating an
application or a child care facility employee. Only
information and standards which bear a reasonable and
rational relation to the performance of a child care facility
shall be used by the Department or any licensee. Any employee
of the Department of Children and Family Services, Department
of State Police, or a child care facility receiving
confidential information under this Section who gives or
causes to be given any confidential information concerning
any criminal convictions of a child care facility applicant,
or child care facility employee, shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this Section.
A child care facility may hire, on a probationary basis,
any employee authorizing a criminal background investigation
under this Section, pending the result of such investigation.
Employees shall be notified prior to hiring that such
employment may be terminated on the basis of criminal
background information obtained by the facility.
(Source: P.A. 84-158.)
Section 20. The Nursing and Advanced Practice Nursing
Act is amended by changing Section 5-23 as follows:
(225 ILCS 65/5-23)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5-23. Criminal background check. After the
effective date of this amendatory Act of the 91st General
Assembly, the Department shall require an applicant for
initial licensure under this Act to submit to a criminal
background check by the Illinois State Police and the Federal
Bureau of Investigation as part of the qualification for
licensure. If an applicant's criminal background check
indicates criminal conviction, the applicant must further
submit to a fingerprint-based criminal background check. The
applicant's name, sex, race, date of birth, and social
security number shall be forwarded to the Illinois State
Police to be searched against the Illinois criminal history
records database in the form and manner prescribed by the
Illinois State Police. The Illinois 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. If a search of the Illinois
criminal history records database indicates that the
applicant has a conviction record, a fingerprint based
criminal history records check shall be required. Each
applicant requiring a fingerprint based search shall submit
his or her fingerprints to the Illinois State Police in the
form and manner prescribed by the Illinois State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State Police
and Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge a fee 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 Illinois
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department shall adopt rules to implement
this Section.
(Source: P.A. 91-369, eff. 1-1-00; 92-744, eff. 7-25-02.)
Section 25. The Illinois Horse Racing Act of 1975 is
amended by changing Section 15 as follows:
(230 ILCS 5/15) (from Ch. 8, par. 37-15)
Sec. 15. (a) The Board shall, in its discretion, issue
occupation licenses to horse owners, trainers, harness
drivers, jockeys, agents, apprentices, grooms, stable
foremen, exercise persons, veterinarians, valets,
blacksmiths, concessionaires and others designated by the
Board whose work, in whole or in part, is conducted upon
facilities within the State. Such occupation licenses will
be obtained prior to the persons engaging in their vocation
upon such facilities. The Board shall not license pari-mutuel
clerks, parking attendants, security guards and employees of
concessionaires. No occupation license shall be required of
any person who works at facilities within this State as a
pari-mutuel clerk, parking attendant, security guard or as an
employee of a concessionaire. Concessionaires of the Illinois
State Fair and DuQuoin State Fair and employees of the
Illinois Department of Agriculture shall not be required to
obtain an occupation license by the Board.
(b) Each application for an occupation license shall be
on forms prescribed by the Board. Such license, when issued,
shall be for the period ending December 31 of each year,
except that the Board in its discretion may grant 3-year
licenses. The application shall be accompanied by a fee of
not more than $25 per year or, in the case of 3-year
occupation license applications, a fee of not more than $60.
Each applicant shall set forth in the application his full
name and address, and if he had been issued prior occupation
licenses or has been licensed in any other state under any
other name, such name, his age, whether or not a permit or
license issued to him in any other state has been suspended
or revoked and if so whether such suspension or revocation is
in effect at the time of the application, and such other
information as the Board may require. Fees for registration
of stable names shall not exceed $50.00.
(c) The Board may in its discretion refuse an occupation
license to any person:
(1) who has been convicted of a crime;
(2) who is unqualified to perform the duties
required of such applicant;
(3) who fails to disclose or states falsely any
information called for in the application;
(4) who has been found guilty of a violation of
this Act or of the rules and regulations of the Board; or
(5) whose license or permit has been suspended,
revoked or denied for just cause in any other state.
(d) The Board may suspend or revoke any occupation
license:
(1) for violation of any of the provisions of this
Act; or
(2) for violation of any of the rules or
regulations of the Board; or
(3) for any cause which, if known to the Board,
would have justified the Board in refusing to issue such
occupation license; or
(4) for any other just cause.
(e) Each applicant shall submit his or her fingerprints
to the Department of State Police in the form and manner
prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
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 of State Police shall furnish, pursuant to
positive identification, records of conviction to the Board.
Each applicant for licensure shall submit with his occupation
license application, on forms provided by the Board, 2 sets
of his fingerprints. All such applicants shall appear in
person at the location designated by the Board for the
purpose of submitting such sets of fingerprints; however,
with the prior approval of a State steward, an applicant may
have such sets of fingerprints taken by an official law
enforcement agency and submitted to the Board.
The Board shall cause one set of such fingerprints to be
compared with fingerprints of criminals now or hereafter
filed in the records of the Illinois Department of State
Police. The Board shall also cause such fingerprints to be
compared with fingerprints of criminals now or hereafter
filed in the records of other official fingerprint files
within or without this State.
The Board may, in its discretion, require the applicant
to pay a fee for the purpose of having his fingerprints
processed. The fingerprint processing fee shall be set
annually by the Director of State Police, based upon actual
costs.
(f) The Board may, in its discretion, issue an
occupation license without submission of fingerprints if an
applicant has been duly licensed in another recognized racing
jurisdiction after submitting fingerprints that were
subjected to a Federal Bureau of Investigation criminal
history background check in that jurisdiction.
(Source: P.A. 91-40, eff. 6-25-99.)
Section 30. The Riverboat Gambling Act is amended by
changing Section 22 as follows:
(230 ILCS 10/22) (from Ch. 120, par. 2422)
Sec. 22. Criminal history record information. Whenever
the Board is authorized or required by law to consider some
aspect of criminal history record information for the purpose
of carrying out its statutory powers and responsibilities,
the Board shall, in the form and manner required by the
Department of State Police and the Federal Bureau of
Investigation, cause to be conducted a criminal history
record investigation to obtain any information currently or
thereafter contained in the files of the Department of State
Police or the Federal Bureau of Investigation. Each applicant
for occupational licensing under Section 9 or key person as
defined by the Board in administrative rules shall submit his
or her fingerprints to the Department of State Police in the
form and manner prescribed by the Department of State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history
records databases. The Department of State Police shall
charge a fee 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 of State Police shall provide, on the
Board's request, information concerning any criminal charges,
and their disposition, currently or thereafter filed against
an applicant for or holder of an occupational license.
Information obtained as a result of an investigation under
this Section shall be used in determining eligibility for an
occupational license under Section 9. Upon request and
payment of fees in conformance with the requirements of
Section 2605-400 of the Department of State Police Law (20
ILCS 2605/2605-400), the Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 35. The Liquor Control Act of 1934 is amended by
changing Section 4-7 as follows:
(235 ILCS 5/4-7) (from Ch. 43, par. 114a)
Sec. 4-7. The local liquor control commissioner shall
have the right to require fingerprints of any applicant for a
local license or for a renewal thereof other than an
applicant who is an air carrier operating under a certificate
or a foreign air permit issued pursuant to the Federal
Aviation Act of 1958. Each applicant shall submit his or her
fingerprints to the Department of State Police in the form
and manner prescribed by the Department of State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history
records databases. The Department of State Police shall
charge a fee 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 of State Police shall furnish pursuant
to positive identification, records of conviction to the
local liquor control commissioner. For purposes of obtaining
fingerprints under this Section, the local liquor
commissioner shall collect a fee and forward the fee to the
appropriate policing body who shall submit the fingerprints
and the fee to the Illinois Department of State Police.
(Source: P.A. 84-1081.)
Section 40. The Housing Authorities Act is amended by
changing Section 25 as follows:
(310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
Sec. 25. Rentals and tenant selection. In the operation
or management of housing projects an Authority shall at all
times observe the following duties with respect to rentals
and tenant selection:
(a) It shall not accept any person as a tenant in any
dwelling in a housing project if the persons who would occupy
the dwelling have an aggregate annual income which equals or
exceeds the amount which the Authority determines (which
determination shall be conclusive) to be necessary in order
to enable such persons to secure safe, sanitary and
uncongested dwelling accommodations within the area of
operation of the Authority and to provide an adequate
standard of living for themselves.
(b) It may rent or lease the dwelling accommodations
therein only at rentals within the financial reach of persons
who lack the amount of income which it determines (pursuant
to (a) of this Section) to be necessary in order to obtain
safe, sanitary and uncongested dwelling accommodations within
the area of operation of the Authority and to provide an
adequate standard of living.
(c) It may rent or lease to a tenant a dwelling
consisting of the number of rooms (but no greater number)
which it deems necessary to provide safe and sanitary
accommodations to the proposed occupants thereof, without
overcrowding.
(d) It shall not change the residency preference of any
prospective tenant once the application has been accepted by
the authority.
(e) It may refuse to renew the tenancy of any person if,
after due notice and an impartial hearing, that person or any
of the proposed occupants of the dwelling has, during a term
of tenancy or occupancy in any housing project operated by an
Authority, been convicted of a criminal offense relating to
the sale or distribution of controlled substances under the
laws of this State, the United States or any other state.
Confirmation of conviction data shall be determined by a
fingerprint based criminal history records check. In such
cases, the tenant or proposed occupant to whom the
disqualifying conviction record belongs shall have his or her
fingerprints submitted to the Department of State Police in
the form and manner prescribed by the Department of State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Department
of State Police and Federal Bureau of Investigation criminal
history records databases. The Department of State Police
shall charge a fee 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 of State Police shall furnish
pursuant to positive identification, records of conviction to
the Authority.
(f) It may, if a tenant has created or maintained a
threat constituting a serious and clear danger to the health
or safety of other tenants or Authority employees, after 3
days' written notice of termination and without a hearing,
file suit against any such tenant for recovery of possession
of the premises. The tenant shall be given the opportunity
to contest the termination in the court proceedings. A
serious and clear danger to the health or safety of other
tenants or Authority employees shall include, but not be
limited to, any of the following activities of the tenant or
of any other person on the premises with the consent of the
tenant:
(1) Physical assault or the threat of physical
assault.
(2) Illegal use of a firearm or other weapon or the
threat to use in an illegal manner a firearm or other
weapon.
(3) Possession of a controlled substance by the
tenant or any other person on the premises with the
consent of the tenant if the tenant knew or should have
known of the possession by the other person of a
controlled substance, unless the controlled substance was
obtained directly from or pursuant to a valid
prescription.
(4) Streetgang membership as defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act.
The management of low-rent public housing projects
financed and developed under the U.S. Housing Act of 1937
shall be in accordance with that Act.
Nothing contained in this Section or any other Section of
this Act shall be construed as limiting the power of an
Authority to vest in a bondholder or trustee the right, in
the event of a default by the Authority, to take possession
and operate a housing project or cause the appointment of a
receiver thereof, free from all restrictions imposed by this
Section or any other Section of this Act.
(Source: P.A. 89-351, eff. 1-1-96.)
Section 45. The Illinois Vehicle Code is amended by
changing Sections 6-411 and 18a-200 as follows:
(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
Sec. 6-411. Qualifications of Driver Training
Instructors. In order to qualify for a license as an
instructor for a driving school, an applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to determine if the
applicant has ever been convicted of a crime and if so, the
disposition of those convictions; this authorization shall
indicate the scope of the inquiry and the agencies which may
be contacted. Upon this authorization the Secretary of State
may request and receive information and assistance from any
federal, state or local governmental agency as part of the
authorized investigation. Each applicant shall submit his or
her fingerprints to the Department of State Police in the
form and manner prescribed by the Department of State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history
records databases. The Department of State Police shall
charge a fee 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 of State Police shall provide
information concerning any criminal convictions, and their
disposition, brought against the applicant upon request of
the Secretary of State when the request is made in the form
and manner required by the Department of State Police. The
information derived from this investigation including the
source of this information, and any conclusions or
recommendations derived from this information by the
Secretary of State shall be provided to the applicant, or his
designee, upon request to the Secretary of State, prior to
any final action by the Secretary of State on the
application. No information obtained from such investigation
may be placed in any automated information system. Any
criminal convictions and their disposition information
obtained by the Secretary of State shall be confidential and
may not be transmitted outside the Office of the Secretary of
State, except as required herein, and may not be transmitted
to anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating the applicant. The
only physical identity materials which the applicant can be
required to provide the Secretary of State are photographs or
fingerprints; these shall be returned to the applicant upon
request to the Secretary of State, after the investigation
has been completed and no copy of these materials may be kept
by the Secretary of State or any agency to which such
identity materials were transmitted. Only information and
standards which bear a reasonable and rational relation to
the performance of a driver training instructor shall be used
by the Secretary of State. Any employee of the Secretary of
State who gives or causes to be given away any confidential
information concerning any criminal charges and their
disposition of an applicant shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this Section;
(c) Pass such examination as the Secretary of State
shall require on (1) traffic laws, (2) safe driving
practices, (3) operation of motor vehicles, and (4)
qualifications of teacher;
(d) Be physically able to operate safely a motor vehicle
and to train others in the operation of motor vehicles. An
instructors license application must be accompanied by a
medical examination report completed by a competent physician
licensed to practice in the State of Illinois;
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school after
at least 4 years of high school education or the equivalent;
and
(g) Pay to the Secretary of State an application and
license fee of $35.
If a driver training school class room instructor teaches
an approved driver education course, as defined in Section
1-103 of this Code, to students under 18 years of age, he or
she shall furnish to the Secretary of State a certificate
issued by the State Board of Education that the said
instructor is qualified and meets the minimum educational
standards for teaching driver education courses in the local
public or parochial school systems, except that no State
Board of Education certification shall be required of any
instructor who teaches exclusively in a commercial driving
school. On and after July 1, 1986, the existing rules and
regulations of the State Board of Education concerning
commercial driving schools shall continue to remain in effect
but shall be administered by the Secretary of State until
such time as the Secretary of State shall amend or repeal the
rules in accordance with The Illinois Administrative
Procedure Act. Upon request, the Secretary of State shall
issue a certificate of completion to a student under 18 years
of age who has completed an approved driver education course
at a commercial driving school.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
Sec. 18a-200. General powers and duties of Commission.
The Commission shall:
(1) Regulate commercial vehicle relocators and their
employees or agents in accordance with this Chapter and to
that end may establish reasonable requirements with respect
to proper service and practices relating thereto;
(2) Require the maintenance of uniform systems of
accounts, records and the preservation thereof;
(3) Require that all drivers and other personnel used in
relocation be employees of a licensed relocator;
(4) Regulate equipment leasing to and by relocators;
(5) Adopt reasonable and proper rules covering the
exercise of powers conferred upon it by this Chapter, and
reasonable rules governing investigations, hearings and
proceedings under this Chapter;
(6) Set reasonable rates for the commercial towing or
removal of trespassing vehicles from private property. The
rates shall not exceed the mean average of the 5 highest
rates for police tows within the territory to which this
Chapter applies that are performed under Sections 4-201 and
4-214 of this Code and that are of record at hearing;
provided that the Commission shall not re-calculate the
maximum specified herein if the order containing the previous
calculation was entered within one calendar year of the date
on which the new order is entered. Set reasonable rates for
the storage, for periods in excess of 24 hours, of the
vehicles in connection with the towing or removal; however,
no relocator shall impose charges for storage for the first
24 hours after towing or removal. Set reasonable rates for
other services provided by relocators, provided that the
rates shall not be charged to the owner or operator of a
relocated vehicle. Any fee charged by a relocator for the
use of a credit card that is used to pay for any service
rendered by the relocator shall be included in the total
amount that shall not exceed the maximum reasonable rate
established by the Commission. The Commission shall require
a relocator to refund any amount charged in excess of the
reasonable rate established by the Commission, including any
fee for the use of a credit card;
(7) Investigate and maintain current files of the
criminal records, if any, of all relocators and their
employees and of all applicants for relocator's license,
operator's licenses and dispatcher's licenses. If the
Commission determines that an applicant for a license issued
under this Chapter will be subjected to a criminal history
records check, the applicant shall submit his or her
fingerprints to the Department of State Police in the form
and manner prescribed by the Department of State Police.
These fingerprints shall be checked against the Department of
State Police and Federal Bureau of Investigation criminal
history record information databases now and hereafter filed.
The Department of State Police shall charge the applicant a
fee 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 of State Police shall furnish pursuant to positive
identification, records of conviction to the Commission;
(8) Issue relocator's licenses, dispatcher's employment
permits, and operator's employment permits in accordance with
Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking
relocator licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any person,
organization or body politic, or upon its own initiative may,
investigate whether any commercial vehicle relocator,
operator, dispatcher, or person otherwise required to comply
with any provision of this Chapter or any rule promulgated
hereunder, has failed to comply with any provision or rule;
(11) Whenever the Commission receives notice from the
Secretary of State that any domestic or foreign corporation
regulated under this Chapter has not paid a franchise tax,
license fee or penalty required under the Business
Corporation Act of 1983, institute proceedings for the
revocation of the license or right to engage in any business
required under this Chapter or the suspension thereof until
such time as the delinquent franchise tax, license fee or
penalty is paid.
(Source: P.A. 88-448.)
Section 50. The Adoption Act is amended by changing
Section 6 as follows:
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days
after the filing of a petition for the adoption or standby
adoption of a child other than a related child, the court
shall appoint a child welfare agency approved by the
Department of Children and Family Services, or a person
deemed competent by the court, or in Cook County the Court
Services Division of the Cook County Department of Public
Aid, or the Department of Children and Family Services if the
court determines that no child welfare agency is available or
that the petitioner is financially unable to pay for the
investigation, to investigate accurately, fully and promptly,
the allegations contained in the petition; the character,
reputation, health and general standing in the community of
the petitioners; the religious faith of the petitioners and,
if ascertainable, of the child sought to be adopted; and
whether the petitioners are proper persons to adopt the child
and whether the child is a proper subject of adoption. The
investigation required under this Section shall include a
fingerprint based criminal background check with a review of
fingerprints by the Illinois State Police and Federal Bureau
of Investigation authorities. Each petitioner subject to this
investigation, shall submit his or her fingerprints to the
Department of State Police in the form and manner prescribed
by the Department of State Police. These fingerprints shall
be checked against the fingerprint records now and hereafter
filed in the Department of State Police and Federal Bureau of
Investigation criminal history records databases. The
Department of State Police shall charge a fee 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 criminal background
check required by this Section shall include a listing of
when, where and by whom the criminal background check was
prepared. The criminal background check required by this
Section shall not be more than two years old.
Neither a clerk of the circuit court nor a judge may
require that a criminal background check or fingerprint
review be filed with, or at the same time as, an initial
petition for adoption.
B. Investigation; foreign-born child. In the case of a
child born outside the United States or a territory thereof,
in addition to the investigation required under subsection
(A) of this Section, a post-placement investigation shall be
conducted in accordance with the requirements of the Child
Care Act of 1969, the Interstate Compact on the Placement of
Children, and regulations of the foreign placing agency and
the supervising agency.
The requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid final order or
judgment of adoption has been entered by a court of competent
jurisdiction in a country other than the United States or a
territory thereof with respect to such child and the
petitioners.
C. Report of investigation. The court shall determine
whether the costs of the investigation shall be charged to
the petitioners. The information obtained as a result of such
investigation shall be presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court for its
review. The court may, in its discretion, weigh the
significance of the results of the criminal background check
against the entirety of the background of the petitioners.
The Court, in its discretion, may accept the report of the
investigation previously made by a licensed child welfare
agency, if made within one year prior to the entry of the
judgment. Such report shall be treated as confidential and
withheld from inspection unless findings adverse to the
petitioners or to the child sought to be adopted are
contained therein, and in that event the court shall inform
the petitioners of the relevant portions pertaining to the
adverse findings. In no event shall any facts set forth in
the report be considered at the hearing of the proceeding,
unless established by competent evidence. The report shall be
filed with the record of the proceeding. If the file
relating to the proceeding is not impounded, the report shall
be impounded by the clerk of the court and shall be made
available for inspection only upon order of the court.
D. Related adoption. Such investigation shall not be
made when the petition seeks to adopt a related child or an
adult unless the court, in its discretion, shall so order. In
such an event the court may appoint a person deemed competent
by the court.
(Source: P.A. 91-429, eff. 1-1-00; 91-572, eff. 1-1-00;
91-740, eff. 6-2-00.)
Effective Date: 01/01/04
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