101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2731

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 805/805-50 new
20 ILCS 2605/2605-347 new

    Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that it is unlawful for a person to volunteer for the Department of Natural Resources on Department owned or controlled property until a criminal background check has been approved by the Department. Provides that each volunteer applicant shall complete and sign a Department of Central Management Services Authorization for Release of Criminal History Information. Provides for certain criteria to determine if the applicant may volunteer with the Department. Provides that if the applicant believes the criminal history information is inaccurate, incomplete, or maintained in violation of any State or federal law or regulation, the applicant may order a Federal Bureau Investigation identity history report and challenge the criminal history within 30 days of the notification of denial by the Department. Provides that a criminal background check may be required by the Department at any time during the volunteer's time with the Department. Makes conforming changes to the Department of State Police Law of the Civil Administrative Code of Illinois. Makes other changes.


LRB101 08827 SLF 53916 b

 

 

A BILL FOR

 

HB2731LRB101 08827 SLF 53916 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by adding Section 805-50 as follows:
 
7    (20 ILCS 805/805-50 new)
8    Sec. 805-50. Criminal background checks.
9    (a) It is unlawful for a person to volunteer for the
10Department on Department owned or controlled property until a
11criminal background check has been approved by the Department.
12A Department criminal background check of prospective
13Department volunteers shall include a review of criminal
14conviction history provided by the Department of State Police
15and a review of public databases including: Sex Offender
16Registration, Murderer and Violent Offenders Against Youth,
17and Methamphetamine Manufacturers.
18    (b) Each volunteer applicant shall complete and sign a
19Department of Central Management Services Authorization for
20Release of Criminal History Information, CMS Form 248A
21("Authorization Form"). The applicant must list his or her
22permanent street address on the Authorization Form. A post
23office address without a street address will not be accepted.

 

 

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1Campground hosts must submit an Authorization Form for all
2residents of the host site.
3    (c) Upon receipt of the completed and signed Authorization
4Form, the Department shall review the criminal background
5information provided. If no such information is found, the
6Department shall notify the Volunteer Supervisor of approval by
7email or telephone. Volunteers must immediately notify the
8Department in writing of any convictions or other relevant
9change in status after this process is completed.
10    (d) The following criteria shall be used to determine if
11the applicant may volunteer with the Department:
12        (1) An applicant that does not consent to a criminal
13    background check and fails to complete and sign the
14    Authorization Form or cooperate with the background check
15    process shall be denied.
16        (2) An applicant that makes false statements regarding
17    his or her criminal history or fails to disclose criminal
18    history may be denied.
19        (3) A person convicted of a violent crime, a crime
20    against a person, a crime involving the use of a weapon, or
21    is a registered sex offender shall immediately be denied
22    without review.
23        (4) A person applying for Campground host shall be
24    denied if he or she has been convicted of theft or related
25    crimes.
26        (5) A person applying for Campground host jointly shall

 

 

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1    be denied jointly if one individual has been denied.
2        (6) Records of arrest not followed by a conviction and
3    convictions that have been annulled or expunged shall not
4    be considered grounds for denial. The successful
5    completion of a period of supervision shall not be
6    considered a conviction.
7        (7) The Department has discretion to accept or deny any
8    volunteer based on his or her criminal record and
9    anticipated duties.
10        (8) If a decision is reached to deny the applicant
11    based on his or her criminal record, the Department
12    designee shall notify the applicant in writing by certified
13    mail, with a copy of the denial sent to the Volunteer
14    Supervisor.
15    (e) If the applicant believes the criminal history
16information is inaccurate, incomplete, or maintained in
17violation of any State or federal law or regulation, the
18applicant may order a Federal Bureau Investigation identity
19history report and challenge the criminal history within 30
20days of the notification of denial by the Department. The
21applicant shall be responsible for any costs associated with
22challenging a Department denial.
23    (f) If the Department of State Police background check
24reveals convictions outside of the State, the volunteer shall
25be denied unless he or she furnishes a Federal Bureau
26Investigation identity history report for further review and

 

 

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1consideration. The volunteer is responsible for any costs
2associated to furnish the Federal Bureau Investigation
3identity history report.
4    (g) A criminal background check may be required by the
5Department at any time during the volunteer's time with the
6Department. A new Authorization Form must be completed by the
7volunteer upon request. Failure to comply with a Department
8request for an additional background check may result in the
9volunteer being denied or revoked.
 
10    Section 10. The Department of State Police Law of the Civil
11Administrative Code of Illinois is amended by adding Section
122605-347 as follows:
 
13    (20 ILCS 2605/2605-347 new)
14    Sec. 2605-347. Criminal history information for Department
15of Natural Resources. Upon request of the Department of Natural
16Resources, the Department shall conduct an assessment and
17evaluation of criminal history information as required under
18Section 805-50 of the Department of Natural Resources
19(Conservation) Law. The request shall be in a form and manner
20specified by the Department.