98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4472

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1505/16a-5

    Amends the Chicago Park District Act. Makes a technical change in a Section concerning criminal background investigations.


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A BILL FOR

 

HB4472LRB098 19050 JLK 54200 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 Chicago Park District Act is amended by
5changing Section 16a-5 as follows:
 
6    (70 ILCS 1505/16a-5)
7    Sec. 16a-5. Criminal background investigations.
8    (a) An applicant for employment with the the Chicago Park
9District is required as a condition of employment to authorize
10an investigation to determine if the applicant has been
11convicted of, or adjudicated a delinquent minor for, any of the
12enumerated criminal or drug offenses in subsection (c) of this
13Section or has been convicted, within 7 years of the
14application for employment with the Chicago Park District, of
15any other felony under the laws of this State or of any offense
16committed or attempted in any other state or against the laws
17of the United States that, if committed or attempted in this
18State, would have been punishable as a felony under the laws of
19this State. Authorization for the investigation shall be
20furnished by the applicant to the Chicago Park District. Upon
21receipt of this authorization, the Chicago Park District shall
22submit the applicant's name, sex, race, date of birth, and
23social security number to the Department of State Police on

 

 

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1forms prescribed by the Department of State Police. The
2Department of State Police shall conduct a search of the
3Illinois criminal history record information database to
4ascertain if the applicant being considered for employment has
5been convicted of, or adjudicated a delinquent minor for,
6committing or attempting to commit any of the enumerated
7criminal or drug offenses in subsection (c) of this Section or
8has been convicted, of committing or attempting to commit
9within 7 years of the application for employment with the
10Chicago Park District, any other felony under the laws of this
11State. The Department of State Police shall charge the Chicago
12Park District a fee for conducting the investigation, which fee
13shall be deposited in the State Police Services Fund and shall
14not exceed the cost of the inquiry. The applicant shall not be
15charged a fee by the Chicago Park District for the
16investigation.
17    (b) If the search of the Illinois criminal history record
18database indicates that the applicant has been convicted of, or
19adjudicated a delinquent minor for, committing or attempting to
20commit any of the enumerated criminal or drug offenses in
21subsection (c) or has been convicted of committing or
22attempting to commit, within 7 years of the application for
23employment with the Chicago Park District, any other felony
24under the laws of this State, the Department of State Police
25and the Federal Bureau of Investigation shall furnish, pursuant
26to a fingerprint based background check, records of convictions

 

 

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1or adjudications as a delinquent minor, until expunged, to the
2General Superintendent and Chief Executive Officer of the
3Chicago Park District. Any information concerning the record of
4convictions or adjudications as a delinquent minor obtained by
5the General Superintendent and Chief Executive Officer shall be
6confidential and may only be transmitted to those persons who
7are necessary to the decision on whether to hire the applicant
8for employment. A copy of the record of convictions or
9adjudications as a delinquent minor obtained from the
10Department of State Police shall be provided to the applicant
11for employment. Any person who releases any confidential
12information concerning any criminal convictions or
13adjudications as a delinquent minor of an applicant for
14employment shall be guilty of a Class A misdemeanor, unless the
15release of such information is authorized by this Section.
16    (c) The Chicago Park District may not knowingly employ a
17person who has been convicted, or adjudicated a delinquent
18minor, for committing attempted first degree murder or for
19committing or attempting to commit first degree murder, a Class
20X felony, or any one or more of the following offenses: (i)
21those defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2211-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
2311-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
2411-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5,
2512-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
261961 or the Criminal Code of 2012; (ii) those defined in the

 

 

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1Cannabis Control Act, except those defined in Sections 4(a),
24(b), and 5(a) of that Act; (iii) those defined in the Illinois
3Controlled Substances Act; (iv) those defined in the
4Methamphetamine Control and Community Protection Act; and (v)
5any offense committed or attempted in any other state or
6against the laws of the United States, which, if committed or
7attempted in this State, would have been punishable as one or
8more of the foregoing offenses. Further, the Chicago Park
9District may not knowingly employ a person who has been found
10to be the perpetrator of sexual or physical abuse of any minor
11under 18 years of age pursuant to proceedings under Article II
12of the Juvenile Court Act of 1987. The Chicago Park District
13may not knowingly employ a person for whom a criminal
14background investigation has not been initiated.
15(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;
1697-1150, eff. 1-25-13.)