Illinois General Assembly - Full Text of SB3458
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Full Text of SB3458  97th General Assembly


Rep. Elizabeth Hernandez

Filed: 5/15/2012





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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



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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



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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,
12and requesting institutions as defined in Section 2605-345 of
13the Department of State Police Law under the provisions of
14Section 2605-10, 2605-15, 2605-75, 2605-100, 2605-105,
152605-110, 2605-115, 2605-120, 2605-130, 2605-140, 2605-190,
162605-200, 2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
172605-300, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340,
182605-345, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375,
192605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435,
202605-500, 2605-525, or 2605-550 of the Department of State
21Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75,
222605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115,
232605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190,
242605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215,
252605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305,
262605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340,



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12605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365,
22605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405,
32605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500,
42605/2605-525, or 2605/2605-550). Applications shall be in
5writing and accompanied by a certificate, signed by the peace
6officer or chief administrative officer or his designee making
7such application, to the effect that the information applied
8for is necessary in the interest of and will be used solely in
9the due administration of the criminal laws or for the purpose
10of evaluating the qualifications and character of employees,
11prospective employees, volunteers, or prospective volunteers
12of units of local government, school districts, and private
13organizations, or for the purpose of evaluating the character
14of persons who may be granted or denied access to municipal
15utility facilities under Section 11-117.1-1 of the Illinois
16Municipal Code.
17    For the purposes of this subsection, "chief administrative
18officer" is defined as follows:
19        a) The city manager of a city or, if a city does not
20    employ a city manager, the mayor of the city.
21        b) The manager of a village or, if a village does not
22    employ a manager, the president of the village.
23        c) The chairman or president of a county board or, if a
24    county has adopted the county executive form of government,
25    the chief executive officer of the county.
26        d) The president of the school board of a school



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



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1information pursuant to this subsection.
2    (C) Upon payment of fees authorized by this subsection, the
3Department shall furnish to the commanding officer of a
4military installation in Illinois having an arms storage
5facility, upon written request of such commanding officer or
6his designee, and in the form and manner prescribed by the
7Department, all criminal history record information pertaining
8to any individual seeking access to such a storage facility,
9where such information is sought pursuant to a
10federally-mandated security or criminal history check.
11    The Department shall establish and charge a fee, not to
12exceed actual costs, for providing information pursuant to this
14(Source: P.A. 94-480, eff. 1-1-06.)"; and
15on page 32, by inserting immediately below line 25 the
17    "The Board may only authorize the sealing of Class 3 and 4
18felony convictions of the petitioner from one information or
19indictment under this paragraph (10). A petitioner may only
20receive one certificate of eligibility for sealing under this
21provision for life.".