Illinois General Assembly - Full Text of SB3005
Illinois General Assembly

Previous General Assemblies

Full Text of SB3005  99th General Assembly

SB3005sam003 99TH GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 4/15/2016

 

 


 

 


 
09900SB3005sam003LRB099 18897 MJP 47704 a

1
AMENDMENT TO SENATE BILL 3005

2    AMENDMENT NO. ______. Amend Senate Bill 3005 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Park District Code is amended by changing
5Section 8-23 as follows:
 
6    (70 ILCS 1205/8-23)
7    Sec. 8-23. Criminal background investigations.
8    (a) An applicant for employment with a park district is
9required as a condition of employment to authorize an
10investigation to determine if the applicant has been convicted
11of any of the enumerated criminal or drug offenses in
12subsection (c) or (d) of this Section, or adjudicated a
13delinquent minor for, any of the enumerated criminal or drug
14offenses in subsection (c) or (d) of this Section, or has been
15convicted, within 7 years of the application for employment
16with the park district, of any other felony under the laws of

 

 

09900SB3005sam003- 2 -LRB099 18897 MJP 47704 a

1this State or of any offense committed or attempted in any
2other state or against the laws of the United States that, if
3committed or attempted in this State, would have been
4punishable as a felony under the laws of this State.
5Authorization for the investigation shall be furnished by the
6applicant to the park district. Upon receipt of this
7authorization, the park district shall submit the applicant's
8name, sex, race, date of birth, and social security number to
9the Department of State Police on forms prescribed by the
10Department of State Police. The Department of State Police
11shall conduct a search of the Illinois criminal history records
12database to ascertain if the applicant being considered for
13employment has been convicted of any of the enumerated criminal
14or drug offenses in subsection (c) or (d) of this Section, or
15adjudicated a delinquent minor for, committing or attempting to
16commit any of the enumerated criminal or drug offenses in
17subsection (c) or (d) of this Section, or has been convicted of
18committing or attempting to commit, within 7 years of the
19application for employment with the park district, any other
20felony under the laws of this State. The Department of State
21Police shall charge the park district a fee for conducting the
22investigation, which fee shall be deposited in the State Police
23Services Fund and shall not exceed the cost of the inquiry. The
24applicant shall not be charged a fee by the park district for
25the investigation.
26    (b) If the search of the Illinois criminal history record

 

 

09900SB3005sam003- 3 -LRB099 18897 MJP 47704 a

1database indicates that the applicant has been convicted of any
2of the enumerated criminal or drug offenses in subsection (c)
3or (d), or adjudicated a delinquent minor for, committing or
4attempting to commit any of the enumerated criminal or drug
5offenses in subsection (c) or (d), or has been convicted of
6committing or attempting to commit, within 7 years of the
7application for employment with the park district, any other
8felony under the laws of this State, the Department of State
9Police and the Federal Bureau of Investigation shall furnish,
10pursuant to a fingerprint based background check, records of
11convictions or adjudications as a delinquent minor, until
12expunged, to the president of the park district. Any
13information concerning the record of convictions or
14adjudications as a delinquent minor obtained by the president
15shall be confidential and may only be transmitted to those
16persons who are necessary to the decision on whether to hire
17the applicant for employment. A copy of the record of
18convictions or adjudications as a delinquent minor obtained
19from the Department of State Police shall be provided to the
20applicant for employment. Any person who releases any
21confidential information concerning any criminal convictions
22or adjudications as a delinquent minor of an applicant for
23employment shall be guilty of a Class A misdemeanor, unless the
24release of such information is authorized by this Section.
25    (c) No park district shall knowingly employ a person who
26has been convicted, or adjudicated a delinquent minor, for

 

 

09900SB3005sam003- 4 -LRB099 18897 MJP 47704 a

1committing attempted first degree murder or for committing or
2attempting to commit first degree murder, a Class X felony, or
3any one or more of the following criminal offenses: (i) those
4defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
511-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
611-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
711-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4
8felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
9and 12-16 of the Criminal Code of 1961 or the Criminal Code of
102012; (ii) (blank); those defined in the Cannabis Control Act,
11except those defined in Sections 4(a), 4(b), and 5(a) of that
12Act; (iii) (blank); those defined in the Illinois Controlled
13Substances Act; (iv) (blank); those defined in the
14Methamphetamine Control and Community Protection Act; and (v)
15any offense committed or attempted in any other state or
16against the laws of the United States, which, if committed or
17attempted in this State, would have been punishable as one or
18more of the foregoing offenses. Further, no park district shall
19knowingly employ a person who has been found to be the
20perpetrator of sexual or physical abuse of any minor under 18
21years of age pursuant to proceedings under Article II of the
22Juvenile Court Act of 1987. No park district shall knowingly
23employ a person for whom a criminal background investigation
24has not been initiated.
25    (d) No park district shall knowingly employ a person who
26has been convicted of the following drug offenses, other than

 

 

09900SB3005sam003- 5 -LRB099 18897 MJP 47704 a

1an offense set forth in subsection (c), until 7 years following
2the end of the sentence imposed for any of the following
3offenses: (i) those defined in the Cannabis Control Act, except
4those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of
5that Act; (ii) those defined in the Illinois Controlled
6Substances Act; (iii) those defined in the Methamphetamine
7Control and Community Protection Act; and (iv) any offense
8committed or attempted in any other state or against the laws
9of the United States, which, if committed or attempted in this
10State, would have been punishable as one or more of the
11foregoing offenses. For purposes of this paragraph, "sentence"
12includes any period of supervision or probation that was
13imposed either alone or in combination with a period of
14incarceration.
15    (e) Notwithstanding the provisions of subsections (c) and
16(d), a park district may, in its discretion, employ a person
17who has been granted a certificate of good conduct under
18Section 5-5.5-25 of the Unified Code of Corrections by the
19circuit court.
20(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;
2197-1150, eff. 1-25-13.)
 
22    Section 10. The Chicago Park District Act is amended by
23changing Section 16a-5 as follows:
 
24    (70 ILCS 1505/16a-5)

 

 

09900SB3005sam003- 6 -LRB099 18897 MJP 47704 a

1    Sec. 16a-5. Criminal background investigations.
2    (a) An applicant for employment with the Chicago Park
3District is required as a condition of employment to authorize
4an investigation to determine if the applicant has been
5convicted of any of the enumerated criminal or drug offenses in
6subsection (c) or (d) of this Section, or adjudicated a
7delinquent minor for, any of the enumerated criminal or drug
8offenses in subsection (c) or (d) of this Section, or has been
9convicted, within 7 years of the application for employment
10with the Chicago Park District, of any other felony under the
11laws of this State or of any offense committed or attempted in
12any other state or against the laws of the United States that,
13if committed or attempted in this State, would have been
14punishable as a felony under the laws of this State.
15Authorization for the investigation shall be furnished by the
16applicant to the Chicago Park District. Upon receipt of this
17authorization, the Chicago Park District shall submit the
18applicant's name, sex, race, date of birth, and social security
19number to the Department of State Police on forms prescribed by
20the Department of State Police. The Department of State Police
21shall conduct a search of the Illinois criminal history record
22information database to ascertain if the applicant being
23considered for employment has been convicted of any of the
24enumerated criminal or drug offenses in subsection (c) or (d)
25of this Section, or adjudicated a delinquent minor for,
26committing or attempting to commit any of the enumerated

 

 

09900SB3005sam003- 7 -LRB099 18897 MJP 47704 a

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

 

 

09900SB3005sam003- 8 -LRB099 18897 MJP 47704 a

1Chief Executive Officer shall be confidential and may only be
2transmitted to those persons who are necessary to the decision
3on whether to hire the applicant for employment. A copy of the
4record of convictions or adjudications as a delinquent minor
5obtained from the Department of State Police shall be provided
6to the applicant for employment. Any person who releases any
7confidential information concerning any criminal convictions
8or adjudications as a delinquent minor of an applicant for
9employment shall be guilty of a Class A misdemeanor, unless the
10release of such information is authorized by this Section.
11    (c) The Chicago Park District may not knowingly employ a
12person who has been convicted, or adjudicated a delinquent
13minor, for committing attempted first degree murder or for
14committing or attempting to commit first degree murder, a Class
15X felony, or any one or more of the following criminal
16offenses: (i) those defined in Sections 11-1.20, 11-1.30,
1711-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3,
1811-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
1911-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if
20convicted of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13,
2112-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961
22or the Criminal Code of 2012; (ii) (blank); those defined in
23the Cannabis Control Act, except those defined in Sections
244(a), 4(b), and 5(a) of that Act; (iii) (blank); those defined
25in the Illinois Controlled Substances Act; (iv) (blank); those
26defined in the Methamphetamine Control and Community

 

 

09900SB3005sam003- 9 -LRB099 18897 MJP 47704 a

1Protection Act; and (v) any offense committed or attempted in
2any other state or against the laws of the United States,
3which, if committed or attempted in this State, would have been
4punishable as one or more of the foregoing offenses. Further,
5the Chicago Park District may not knowingly employ a person who
6has been found to be the perpetrator of sexual or physical
7abuse of any minor under 18 years of age pursuant to
8proceedings under Article II of the Juvenile Court Act of 1987.
9The Chicago Park District may not knowingly employ a person for
10whom a criminal background investigation has not been
11initiated.
12    (d) The Chicago Park District shall not knowingly employ a
13person who has been convicted of the following drug offenses,
14other than an offense set forth in subsection (c), until 7
15years following the end of the sentence imposed for any of the
16following offenses: (i) those defined in the Cannabis Control
17Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),
18and 5(b) of that Act; (ii) those defined in the Illinois
19Controlled Substances Act; (iii) those defined in the
20Methamphetamine Control and Community Protection Act; and (iv)
21any offense committed or attempted in any other state or
22against the laws of the United States, which, if committed or
23attempted in this State, would have been punishable as one or
24more of the foregoing offenses. For purposes of this paragraph,
25"sentence" includes any period of supervision or probation that
26was imposed either alone or in combination with a period of

 

 

09900SB3005sam003- 10 -LRB099 18897 MJP 47704 a

1incarceration.
2    (e) Notwithstanding the provisions of subsection (c) or
3(d), the Chicago Park District may, in its discretion, employ a
4person who has been granted a certificate of good conduct under
5Section 5-5.5-25 of the Unified Code of Corrections by the
6Circuit Court.
7(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;
897-1150, eff. 1-25-13.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".