Illinois General Assembly - Full Text of SB3458
Illinois General Assembly

Previous General Assemblies

Full Text of SB3458  97th General Assembly


Rep. Elizabeth Hernandez

Filed: 5/11/2012





09700SB3458ham001LRB097 17386 MRW 69513 a


2    AMENDMENT NO. ______. Amend Senate Bill 3458 on page 1, by
3replacing lines 4 and 5 with the following:
4    "Section 3. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by adding Section
62605-345 as follows:
7    (20 ILCS 2605/2605-345 new)
8    Sec. 2605-345. Conviction information for financial
9institutions. Upon the request of (i) an insured depository
10institution, as defined by the Federal Deposit Insurance
11Corporation Act, (ii) a depository institution holding
12company, as defined by the Federal Deposit Insurance
13Corporation Act, (iii) a foreign banking corporation, as
14defined by the Foreign Banking Office Act, (iv) a corporate
15fiduciary, as defined by the Corporate Fiduciary Act, (v) a
16credit union, as defined in the Illinois Credit Union Act, or



09700SB3458ham001- 2 -LRB097 17386 MRW 69513 a

1(vi) a subsidiary of any entity listed in items (i) through (v)
2of this Section (each such entity or subsidiary hereinafter
3referred to as a "requesting institution"), to ascertain
4whether any employee of the requesting institution, applicant
5for employment by the requesting institution, or officer,
6director, agent, institution-affiliated party, or any other
7party who owns or controls, directly or indirectly, or
8participates, directly or indirectly, in the affairs of the
9requesting institution, has been convicted of a felony or of
10any criminal offense relating to dishonesty, breach of trust,
11or money laundering, the Department shall furnish the
12conviction information to the requesting institution.
13    Section 5. The Criminal Identification Act is amended by
14changing Sections 3, 5.2, and 13 as follows:
15    (20 ILCS 2630/3)  (from Ch. 38, par. 206-3)
16    Sec. 3. Information to be furnished peace officers and
17commanding officers of certain military installations in
19    (A) The Department shall file or cause to be filed all
20plates, photographs, outline pictures, measurements,
21descriptions and information which shall be received by it by
22virtue of its office and shall make a complete and systematic
23record and index of the same, providing thereby a method of
24convenient reference and comparison. The Department shall



09700SB3458ham001- 3 -LRB097 17386 MRW 69513 a

1furnish, upon application, all information pertaining to the
2identification of any person or persons, a plate, photograph,
3outline picture, description, measurements, or any data of
4which there is a record in its office. Such information shall
5be furnished to peace officers of the United States, of other
6states or territories, of the Insular possessions of the United
7States, of foreign countries duly authorized to receive the
8same, to all peace officers of the State of Illinois, to
9investigators of the Illinois Law Enforcement Training
10Standards Board and, conviction information only, to units of
11local government, school districts and private organizations,
12under the provisions of Section 2605-10, 2605-15, 2605-75,
132605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130,
142605-140, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215,
152605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
162605-335, 2605-340, 2605-345, 2605-350, 2605-355, 2605-360,
172605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
182605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
19Department of State Police Law (20 ILCS 2605/2605-10,
202605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
212605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,
222605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
232605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
242605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
252605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
262605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,



09700SB3458ham001- 4 -LRB097 17386 MRW 69513 a

12605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
22605/2605-435, 2605/2605-500, 2605/2605-525, or
32605/2605-550). Applications shall be in writing and
4accompanied by a certificate, signed by the peace officer or
5chief administrative officer or his designee making such
6application, to the effect that the information applied for is
7necessary in the interest of and will be used solely in the due
8administration of the criminal laws or for the purpose of
9evaluating the qualifications and character of employees,
10prospective employees, volunteers, or prospective volunteers
11of units of local government, school districts, and private
12organizations, or for the purpose of evaluating the character
13of persons who may be granted or denied access to municipal
14utility facilities under Section 11-117.1-1 of the Illinois
15Municipal Code.
16    For the purposes of this subsection, "chief administrative
17officer" is defined as follows:
18        a) The city manager of a city or, if a city does not
19    employ a city manager, the mayor of the city.
20        b) The manager of a village or, if a village does not
21    employ a manager, the president of the village.
22        c) The chairman or president of a county board or, if a
23    county has adopted the county executive form of government,
24    the chief executive officer of the county.
25        d) The president of the school board of a school
26    district.



09700SB3458ham001- 5 -LRB097 17386 MRW 69513 a

1        e) The supervisor of a township.
2        f) The official granted general administrative control
3    of a special district, an authority, or organization of
4    government establishment by law which may issue
5    obligations and which either may levy a property tax or may
6    expend funds of the district, authority, or organization
7    independently of any parent unit of government.
8        g) The executive officer granted general
9    administrative control of a private organization defined
10    in Section 2605-335 of the Department of State Police Law
11    (20 ILCS 2605/2605-335).
12    (B) Upon written application and payment of fees authorized
13by this subsection, State agencies and units of local
14government, not including school districts, are authorized to
15submit fingerprints of employees, prospective employees and
16license applicants to the Department for the purpose of
17obtaining conviction information maintained by the Department
18and the Federal Bureau of Investigation about such persons. The
19Department shall submit such fingerprints to the Federal Bureau
20of Investigation on behalf of such agencies and units of local
21government. The Department shall charge an application fee,
22based on actual costs, for the dissemination of conviction
23information pursuant to this subsection. The Department is
24empowered to establish this fee and shall prescribe the form
25and manner for requesting and furnishing conviction
26information pursuant to this subsection.



09700SB3458ham001- 6 -LRB097 17386 MRW 69513 a

1    (C) Upon payment of fees authorized by this subsection, the
2Department shall furnish to the commanding officer of a
3military installation in Illinois having an arms storage
4facility, upon written request of such commanding officer or
5his designee, and in the form and manner prescribed by the
6Department, all criminal history record information pertaining
7to any individual seeking access to such a storage facility,
8where such information is sought pursuant to a
9federally-mandated security or criminal history check.
10    The Department shall establish and charge a fee, not to
11exceed actual costs, for providing information pursuant to this
13(Source: P.A. 94-480, eff. 1-1-06.)"; and
14on page 32, by inserting immediately below line 25 the
16    "The Board may only authorize the sealing of Class 3 and 4
17felony convictions of the petitioner from one information or
18indictment under this paragraph (10). A petitioner may only
19receive one certificate of eligibility for sealing under this
20provision for life.".