Full Text of SB3458 97th General Assembly
SB3458ham001 97TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 5/11/2012
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| 1 | | AMENDMENT TO SENATE BILL 3458
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3458 on page 1, by | 3 | | replacing lines 4 and 5 with the following:
| 4 | | "Section 3. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 2605-345 as follows: | 7 | | (20 ILCS 2605/2605-345 new) | 8 | | Sec. 2605-345. Conviction information for financial | 9 | | institutions. Upon the request of (i) an insured depository | 10 | | institution, as defined by the Federal Deposit Insurance | 11 | | Corporation Act, (ii) a depository institution holding | 12 | | company, as defined by the Federal Deposit Insurance | 13 | | Corporation Act, (iii) a foreign banking corporation, as | 14 | | defined by the Foreign Banking Office Act, (iv) a corporate | 15 | | fiduciary, as defined by the Corporate Fiduciary Act, (v) a | 16 | | credit union, as defined in the Illinois Credit Union Act, or |
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| 1 | | (vi) a subsidiary of any entity listed in items (i) through (v) | 2 | | of this Section (each such entity or subsidiary hereinafter | 3 | | referred to as a "requesting institution"), to ascertain | 4 | | whether any employee of the requesting institution, applicant | 5 | | for employment by the requesting institution, or officer, | 6 | | director, agent, institution-affiliated party, or any other | 7 | | party who owns or controls, directly or indirectly, or | 8 | | participates, directly or indirectly, in the affairs of the | 9 | | requesting institution, has been convicted of a felony or of | 10 | | any criminal offense relating to dishonesty, breach of trust, | 11 | | or money laundering, the Department shall furnish the | 12 | | conviction information to the requesting institution. | 13 | | Section 5. The Criminal Identification Act is amended by | 14 | | changing 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 | 17 | | commanding officers
of certain military installations in | 18 | | Illinois.
| 19 | | (A) The Department shall file or cause to be filed all | 20 | | plates,
photographs, outline pictures, measurements, | 21 | | descriptions and information
which shall be received by it by | 22 | | virtue of its office and shall make a
complete and systematic | 23 | | record and index of the same, providing thereby a
method of | 24 | | convenient reference and comparison. The Department shall
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| 1 | | furnish, upon application, all information pertaining to the | 2 | | identification
of any person or persons, a plate, photograph, | 3 | | outline picture, description,
measurements, or any data of | 4 | | which there is a record in its office. Such
information shall | 5 | | be furnished to peace officers of the United States, of other
| 6 | | states or territories, of the Insular possessions of the United | 7 | | States, of
foreign countries duly authorized to receive the | 8 | | same, to all peace officers of
the State of Illinois, to | 9 | | investigators of the Illinois Law Enforcement
Training | 10 | | Standards Board and, conviction information only, to units
of | 11 | | local government, school districts and private organizations, | 12 | | under the
provisions of
Section 2605-10, 2605-15, 2605-75, | 13 | | 2605-100, 2605-105, 2605-110,
2605-115, 2605-120, 2605-130, | 14 | | 2605-140, 2605-190, 2605-200, 2605-205, 2605-210,
2605-215, | 15 | | 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, | 16 | | 2605-335,
2605-340,
2605-345, 2605-350, 2605-355, 2605-360, | 17 | | 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
| 18 | | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | 19 | | Department of State
Police Law (20 ILCS 2605/2605-10, | 20 | | 2605/2605-15,
2605/2605-75,
2605/2605-100, 2605/2605-105, | 21 | | 2605/2605-110, 2605/2605-115,
2605/2605-120, 2605/2605-130, | 22 | | 2605/2605-140, 2605/2605-190, 2605/2605-200,
2605/2605-205, | 23 | | 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
| 24 | | 2605/2605-300,
2605/2605-305, 2605/2605-315, 2605/2605-325, | 25 | | 2605/2605-335, 2605/2605-340,
2605/2605-350, 2605/2605-355, | 26 | | 2605/2605-360,
2605/2605-365, 2605/2605-375, 2605/2605-390,
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| 1 | | 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, | 2 | | 2605/2605-435,
2605/2605-500, 2605/2605-525, or | 3 | | 2605/2605-550).
Applications shall be in writing and | 4 | | accompanied by a certificate, signed by
the peace officer or | 5 | | chief administrative officer or his designee making such
| 6 | | application, to the effect that the information applied for is | 7 | | necessary in the
interest of and will be used solely in the due | 8 | | administration of the criminal
laws or for the purpose of | 9 | | evaluating the qualifications and character of
employees, | 10 | | prospective employees, volunteers, or prospective
volunteers | 11 | | of units of local government, school districts, and private
| 12 | | organizations, or for the purpose of evaluating the character | 13 | | of persons who may be granted or denied access to municipal | 14 | | utility facilities under Section 11-117.1-1 of the Illinois | 15 | | Municipal Code.
| 16 | | For the purposes of this subsection, "chief administrative | 17 | | officer" 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.
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| 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 | 13 | | by this
subsection, State agencies and units of local | 14 | | government, not including school
districts, are authorized to | 15 | | submit fingerprints of employees, prospective
employees and | 16 | | license applicants to the Department for the purpose of | 17 | | obtaining
conviction information maintained by the Department | 18 | | and the Federal Bureau of
Investigation about such persons. The | 19 | | Department shall submit such
fingerprints to the Federal Bureau | 20 | | of Investigation on behalf of such agencies
and units of local | 21 | | government. The Department shall charge an application fee,
| 22 | | based on actual costs, for the dissemination of conviction | 23 | | information pursuant
to this subsection. The Department is | 24 | | empowered to establish this fee and
shall prescribe the form | 25 | | and manner for requesting and furnishing conviction
| 26 | | information pursuant to this subsection.
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| 1 | | (C) Upon payment of fees authorized by this subsection, the | 2 | | Department shall
furnish to the commanding officer of a | 3 | | military installation in Illinois having
an arms storage | 4 | | facility, upon written request of such commanding officer or
| 5 | | his designee, and in the form and manner prescribed by the | 6 | | Department, all
criminal history record information pertaining | 7 | | to any individual seeking access
to such a storage facility, | 8 | | where such information is sought pursuant to a
| 9 | | federally-mandated security or criminal history check.
| 10 | | The Department shall establish and charge a fee, not to | 11 | | exceed actual costs,
for providing information pursuant to this | 12 | | subsection.
| 13 | | (Source: P.A. 94-480, eff. 1-1-06.)"; and
| 14 | | on page 32, by inserting immediately below line 25 the | 15 | | following: | 16 | | " The Board may only authorize the sealing of Class 3 and 4 | 17 | | felony convictions of the petitioner from one information or | 18 | | indictment under this paragraph (10). A petitioner may only | 19 | | receive one certificate of eligibility for sealing under this | 20 | | provision for life. ".
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