SB3005 EnrolledLRB099 18897 MJP 43284 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Park District Code is amended by changing
5Section 8-23 as follows:
 
6    (70 ILCS 1205/8-23)
7    Sec. 8-23. Criminal background investigations.
8    (a) An applicant for employment with a park district is
9required as a condition of employment to authorize an
10investigation to determine if the applicant has been convicted
11of any of the enumerated criminal or drug offenses in
12subsection (c) or (d) of this Section, or adjudicated a
13delinquent minor for, any of the enumerated criminal or drug
14offenses in subsection (c) or (d) of this Section, or has been
15convicted, within 7 years of the application for employment
16with the park district, of any other felony under the laws of
17this State or of any offense committed or attempted in any
18other state or against the laws of the United States that, if
19committed or attempted in this State, would have been
20punishable as a felony under the laws of this State.
21Authorization for the investigation shall be furnished by the
22applicant to the park district. Upon receipt of this
23authorization, the park district shall submit the applicant's

 

 

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

 

 

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1felony under the laws of this State, the Department of State
2Police and the Federal Bureau of Investigation shall furnish,
3pursuant to a fingerprint based background check, records of
4convictions or adjudications as a delinquent minor, until
5expunged, to the president of the park district. Any
6information concerning the record of convictions or
7adjudications as a delinquent minor obtained by the president
8shall be confidential and may only be transmitted to those
9persons who are necessary to the decision on whether to hire
10the applicant for employment. A copy of the record of
11convictions or adjudications as a delinquent minor obtained
12from the Department of State Police shall be provided to the
13applicant for employment. Any person who releases any
14confidential information concerning any criminal convictions
15or adjudications as a delinquent minor of an applicant for
16employment shall be guilty of a Class A misdemeanor, unless the
17release of such information is authorized by this Section.
18    (c) No park district shall knowingly employ a person who
19has been convicted, or adjudicated a delinquent minor, for
20committing attempted first degree murder or for committing or
21attempting to commit first degree murder, a Class X felony, or
22any one or more of the following criminal offenses: (i) those
23defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2411-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
2511-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
2611-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4

 

 

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1felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
2and 12-16 of the Criminal Code of 1961 or the Criminal Code of
32012; (ii) (blank); those defined in the Cannabis Control Act,
4except those defined in Sections 4(a), 4(b), and 5(a) of that
5Act; (iii) (blank); those defined in the Illinois Controlled
6Substances Act; (iv) (blank); those defined in the
7Methamphetamine Control and Community Protection Act; and (v)
8any offense committed or attempted in any other state or
9against the laws of the United States, which, if committed or
10attempted in this State, would have been punishable as one or
11more of the foregoing offenses. Further, no park district shall
12knowingly employ a person who has been found to be the
13perpetrator of sexual or physical abuse of any minor under 18
14years of age pursuant to proceedings under Article II of the
15Juvenile Court Act of 1987. No park district shall knowingly
16employ a person for whom a criminal background investigation
17has not been initiated.
18    (d) No park district shall knowingly employ a person who
19has been convicted of the following drug offenses, other than
20an offense set forth in subsection (c), until 7 years following
21the end of the sentence imposed for any of the following
22offenses: (i) those defined in the Cannabis Control Act, except
23those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of
24that Act; (ii) those defined in the Illinois Controlled
25Substances Act; (iii) those defined in the Methamphetamine
26Control and Community Protection Act; and (iv) any offense

 

 

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1committed or attempted in any other state or against the laws
2of the United States, which, if committed or attempted in this
3State, would have been punishable as one or more of the
4foregoing offenses. For purposes of this paragraph, "sentence"
5includes any period of supervision or probation that was
6imposed either alone or in combination with a period of
7incarceration.
8    (e) Notwithstanding the provisions of subsections (c) and
9(d), a park district may, in its discretion, employ a person
10who has been granted a certificate of good conduct under
11Section 5-5.5-25 of the Unified Code of Corrections by the
12circuit court.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;
1497-1150, eff. 1-25-13.)
 
15    Section 10. The Chicago Park District Act is amended by
16changing Section 16a-5 as follows:
 
17    (70 ILCS 1505/16a-5)
18    Sec. 16a-5. Criminal background investigations.
19    (a) An applicant for employment with the Chicago Park
20District is required as a condition of employment to authorize
21an investigation to determine if the applicant has been
22convicted of any of the enumerated criminal or drug offenses in
23subsection (c) or (d) of this Section, or adjudicated a
24delinquent minor for, any of the enumerated criminal or drug

 

 

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

 

 

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

 

 

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1or adjudications as a delinquent minor of an applicant for
2employment shall be guilty of a Class A misdemeanor, unless the
3release of such information is authorized by this Section.
4    (c) The Chicago Park District may not knowingly employ a
5person who has been convicted, or adjudicated a delinquent
6minor, for committing attempted first degree murder or for
7committing or attempting to commit first degree murder, a Class
8X felony, or any one or more of the following criminal
9offenses: (i) those defined in Sections 11-1.20, 11-1.30,
1011-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3,
1111-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
1211-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if
13convicted of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13,
1412-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961
15or the Criminal Code of 2012; (ii) (blank); those defined in
16the Cannabis Control Act, except those defined in Sections
174(a), 4(b), and 5(a) of that Act; (iii) (blank); those defined
18in the Illinois Controlled Substances Act; (iv) (blank); those
19defined in the Methamphetamine Control and Community
20Protection Act; and (v) any offense committed or attempted in
21any other state or against the laws of the United States,
22which, if committed or attempted in this State, would have been
23punishable as one or more of the foregoing offenses. Further,
24the Chicago Park District may not knowingly employ a person who
25has been found to be the perpetrator of sexual or physical
26abuse of any minor under 18 years of age pursuant to

 

 

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1proceedings under Article II of the Juvenile Court Act of 1987.
2The Chicago Park District may not knowingly employ a person for
3whom a criminal background investigation has not been
4initiated.
5    (d) The Chicago Park District shall not knowingly employ a
6person who has been convicted of the following drug offenses,
7other than an offense set forth in subsection (c), until 7
8years following the end of the sentence imposed for any of the
9following offenses: (i) those defined in the Cannabis Control
10Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),
11and 5(b) of that Act; (ii) those defined in the Illinois
12Controlled Substances Act; (iii) those defined in the
13Methamphetamine Control and Community Protection Act; and (iv)
14any offense committed or attempted in any other state or
15against the laws of the United States, which, if committed or
16attempted in this State, would have been punishable as one or
17more of the foregoing offenses. For purposes of this paragraph,
18"sentence" includes any period of supervision or probation that
19was imposed either alone or in combination with a period of
20incarceration.
21    (e) Notwithstanding the provisions of subsection (c) or
22(d), the Chicago Park District may, in its discretion, employ a
23person who has been granted a certificate of good conduct under
24Section 5-5.5-25 of the Unified Code of Corrections by the
25Circuit Court.
26(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;

 

 

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197-1150, eff. 1-25-13.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.