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91_HB2902eng
HB2902 Engrossed LRB9108904NTsbA
1 AN ACT concerning criminal background investigations.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Park District Code is amended by adding
5 Section 8-23 as follows:
6 (70 ILCS 1205/8-23 new)
7 Sec. 8-23. Criminal background investigations.
8 (a) An applicant for employment with a park district is
9 required as a condition of employment to authorize an
10 investigation to determine if the applicant has been
11 convicted of any of the enumerated criminal or drug offenses
12 in subsection (c) of this Section or has been convicted,
13 within 7 years of the application for employment with the
14 park district, of any other felony under the laws of this
15 State or of any offense committed or attempted in any other
16 state or against the laws of the United States that, if
17 committed or attempted in this State, would have been
18 punishable as a felony under the laws of this State.
19 Authorization for the investigation shall be furnished by the
20 applicant to the park district. Upon receipt of this
21 authorization, the park district shall submit the applicant's
22 name, sex, race, date of birth, and social security number to
23 the Department of State Police on forms prescribed by the
24 Department of State Police. The Department of State Police
25 shall conduct an investigation to ascertain if the applicant
26 being considered for employment has been convicted of any of
27 the enumerated criminal or drug offenses in subsection (c) of
28 this Section or has been convicted, within 7 years of the
29 application for employment with the park district, of any
30 other felony under the laws of this State or of any offense
31 committed or attempted in any other state or against the laws
HB2902 Engrossed -2- LRB9108904NTsbA
1 of the United States that, if committed or attempted in this
2 State, would have been punishable as a felony under the laws
3 of this State. The Department of State Police shall charge
4 the park district a fee for conducting the investigation,
5 which fee shall be deposited in the State Police Services
6 Fund and shall not exceed the cost of the inquiry. The
7 applicant shall not be charged a fee by the park district for
8 the investigation.
9 (b) The Department of State Police shall furnish,
10 pursuant to positive identification, records of convictions,
11 until expunged, to the president of the park district. Any
12 information concerning the record of convictions obtained by
13 the president shall be confidential and may only be
14 transmitted to those persons who are necessary to the
15 decision on whether to hire the applicant for employment. A
16 copy of the record of convictions obtained from the
17 Department of State Police shall be provided to the applicant
18 for employment. Any person who releases any confidential
19 information concerning any criminal convictions of an
20 applicant for employment shall be guilty of a Class A
21 misdemeanor, unless the release of such information is
22 authorized by this Section.
23 (c) No park district shall knowingly employ a person who
24 has been convicted for committing attempted first degree
25 murder or for committing or attempting to commit first degree
26 murder, a Class X felony, or any one or more of the following
27 offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
28 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
29 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and
30 12-16 of the Criminal Code of 1961; (ii) those defined in the
31 Cannabis Control Act, except those defined in Sections 4(a),
32 4(b), and 5(a) of that Act; (iii) those defined in the
33 Illinois Controlled Substances Act; and (iv) any offense
34 committed or attempted in any other state or against the laws
HB2902 Engrossed -3- LRB9108904NTsbA
1 of the United States, which, if committed or attempted in
2 this State, would have been punishable as one or more of the
3 foregoing offenses. Further, no park district shall
4 knowingly employ a person who has been found to be the
5 perpetrator of sexual or physical abuse of any minor under 18
6 years of age pursuant to proceedings under Article II of the
7 Juvenile Court Act of 1987. No park district shall knowingly
8 employ a person for whom a criminal background investigation
9 has not been initiated.
10 Section 10. The Chicago Park District Act is amended by
11 adding Section 16a-5 as follows:
12 (70 ILCS 1505/16a-5 new)
13 Sec. 16a-5. Criminal background investigations.
14 (a) An applicant for employment with the Chicago Park
15 District is required as a condition of employment to
16 authorize an investigation to determine if the applicant has
17 been convicted of any of the enumerated criminal or drug
18 offenses in subsection (c) of this Section or has been
19 convicted, within 7 years of the application for employment
20 with the Chicago Park District, of any other felony under the
21 laws of this State or of any offense committed or attempted
22 in any other state or against the laws of the United States
23 that, if committed or attempted in this State, would have
24 been punishable as a felony under the laws of this State.
25 Authorization for the investigation shall be furnished by the
26 applicant to the Chicago Park District. Upon receipt of this
27 authorization, the Chicago Park District shall submit the
28 applicant's name, sex, race, date of birth, and social
29 security number to the Department of State Police on forms
30 prescribed by the Department of State Police. The Department
31 of State Police shall conduct an investigation to ascertain
32 if the applicant being considered for employment has been
HB2902 Engrossed -4- LRB9108904NTsbA
1 convicted of any of the enumerated criminal or drug offenses
2 in subsection (c) of this Section or has been convicted,
3 within 7 years of the application for employment with the
4 Chicago Park District, of any other felony under the laws of
5 this State or of any offense committed or attempted in any
6 other state or against the laws of the United States that, if
7 committed or attempted in this State, would have been
8 punishable as a felony under the laws of this State. The
9 Department of State Police shall charge the Chicago Park
10 District a fee for conducting the investigation, which fee
11 shall be deposited in the State Police Services Fund and
12 shall not exceed the cost of the inquiry. The applicant
13 shall not be charged a fee by the Chicago Park District for
14 the investigation.
15 (b) The Department of State Police shall furnish,
16 pursuant to positive identification, records of convictions,
17 until expunged, to the president of the Chicago Park
18 District. Any information concerning the record of
19 convictions obtained by the president shall be confidential
20 and may only be transmitted to those persons who are
21 necessary to the decision on whether to hire the applicant
22 for employment. A copy of the record of convictions obtained
23 from the Department of State Police shall be provided to the
24 applicant for employment. Any person who releases any
25 confidential information concerning any criminal convictions
26 of an applicant for employment shall be guilty of a Class A
27 misdemeanor, unless the release of such information is
28 authorized by this Section.
29 (c) The Chicago Park District may not knowingly employ a
30 person who has been convicted for committing attempted first
31 degree murder or for committing or attempting to commit first
32 degree murder, a Class X felony, or any one or more of the
33 following offenses: (i) those defined in Sections 11-6,
34 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
HB2902 Engrossed -5- LRB9108904NTsbA
1 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
2 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
3 those defined in the Cannabis Control Act, except those
4 defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii)
5 those defined in the Illinois Controlled Substances Act; and
6 (iv) any offense committed or attempted in any other state or
7 against the laws of the United States, which, if committed or
8 attempted in this State, would have been punishable as one or
9 more of the foregoing offenses. Further, the Chicago Park
10 District may not knowingly employ a person who has been found
11 to be the perpetrator of sexual or physical abuse of any
12 minor under 18 years of age pursuant to proceedings under
13 Article II of the Juvenile Court Act of 1987. The Chicago
14 Park District may not knowingly employ a person for whom a
15 criminal background investigation has not been initiated.
16 Section 15. The School Code is amended by changing
17 Sections 10-21.9 and 34-18.5 as follows:
18 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
19 Sec. 10-21.9. Criminal background investigations.
20 (a) After August 1, 1985, certified and noncertified
21 applicants for employment with a school district, except
22 school bus driver applicants, are required as a condition of
23 employment to authorize an investigation to determine if such
24 applicants have been convicted of any of the enumerated
25 criminal or drug offenses in subsection (c) of this Section
26 or have been convicted, within 7 years of the application for
27 employment with the school district, of any other felony
28 under the laws of this State or of any offense committed or
29 attempted in any other state or against the laws of the
30 United States that, if committed or attempted in this State,
31 would have been punishable as a felony under the laws of this
32 State. Authorization for the investigation shall be furnished
HB2902 Engrossed -6- LRB9108904NTsbA
1 by the applicant to the school district, except that if the
2 applicant is a substitute teacher seeking employment in more
3 than one school district, a teacher seeking concurrent
4 part-time employment positions with more than one school
5 district (as a reading specialist, special education teacher
6 or otherwise), or an educational support personnel employee
7 seeking employment positions with more than one district, any
8 such district may require the applicant to furnish
9 authorization for the investigation to the regional
10 superintendent of the educational service region in which are
11 located the school districts in which the applicant is
12 seeking employment as a substitute or concurrent part-time
13 teacher or concurrent educational support personnel employee.
14 Upon receipt of this authorization, the school district or
15 the appropriate regional superintendent, as the case may be,
16 shall submit the applicant's name, sex, race, date of birth
17 and social security number to the Department of State Police
18 on forms prescribed by the Department. The regional
19 superintendent submitting the requisite information to the
20 Department of State Police shall promptly notify the school
21 districts in which the applicant is seeking employment as a
22 substitute or concurrent part-time teacher or concurrent
23 educational support personnel employee that the investigation
24 of the applicant has been requested. The Department of State
25 Police shall conduct an investigation to ascertain if the
26 applicant being considered for employment has been convicted
27 of any of the enumerated criminal or drug offenses in
28 subsection (c) or has been convicted, within 7 years of the
29 application for employment with the school district, of any
30 other felony under the laws of this State or of any offense
31 committed or attempted in any other state or against the laws
32 of the United States that, if committed or attempted in this
33 State, would have been punishable as a felony under the laws
34 of this State. The Department shall charge the school
HB2902 Engrossed -7- LRB9108904NTsbA
1 district or the appropriate regional superintendent a fee for
2 conducting such investigation, which fee shall be deposited
3 in the State Police Services Fund and shall not exceed the
4 cost of the inquiry; and the applicant shall not be charged a
5 fee for such investigation by the school district or by the
6 regional superintendent. The regional superintendent may
7 seek reimbursement from the State Board of Education or the
8 appropriate school district or districts for fees paid by the
9 regional superintendent to the Department for the criminal
10 background investigations required by this Section.
11 (b) The Department shall furnish, pursuant to positive
12 identification, records of convictions, until expunged, to
13 the president of the school board for the school district
14 which requested the investigation, or to the regional
15 superintendent who requested the investigation. Any
16 information concerning the record of convictions obtained by
17 the president of the school board or the regional
18 superintendent shall be confidential and may only be
19 transmitted to the superintendent of the school district or
20 his designee, the appropriate regional superintendent if the
21 investigation was requested by the school district, the
22 presidents of the appropriate school boards if the
23 investigation was requested from the Department of State
24 Police by the regional superintendent, the State
25 Superintendent of Education, the State Teacher Certification
26 Board or any other person necessary to the decision of hiring
27 the applicant for employment. A copy of the record of
28 convictions obtained from the Department of State Police
29 shall be provided to the applicant for employment. If an
30 investigation of an applicant for employment as a substitute
31 or concurrent part-time teacher or concurrent educational
32 support personnel employee in more than one school district
33 was requested by the regional superintendent, and the
34 Department of State Police upon investigation ascertains that
HB2902 Engrossed -8- LRB9108904NTsbA
1 the applicant has not been convicted of any of the enumerated
2 criminal or drug offenses in subsection (c) or has not been
3 convicted, within 7 years of the application for employment
4 with the school district, of any other felony under the laws
5 of this State or of any offense committed or attempted in any
6 other state or against the laws of the United States that, if
7 committed or attempted in this State, would have been
8 punishable as a felony under the laws of this State and so
9 notifies the regional superintendent, then the regional
10 superintendent shall issue to the applicant a certificate
11 evidencing that as of the date specified by the Department of
12 State Police the applicant has not been convicted of any of
13 the enumerated criminal or drug offenses in subsection (c) or
14 has not been convicted, within 7 years of the application for
15 employment with the school district, of any other felony
16 under the laws of this State or of any offense committed or
17 attempted in any other state or against the laws of the
18 United States that, if committed or attempted in this State,
19 would have been punishable as a felony under the laws of this
20 State. The school board of any school district located in
21 the educational service region served by the regional
22 superintendent who issues such a certificate to an applicant
23 for employment as a substitute teacher in more than one such
24 district may rely on the certificate issued by the regional
25 superintendent to that applicant, or may initiate its own
26 investigation of the applicant through the Department of
27 State Police as provided in subsection (a). Any person who
28 releases any confidential information concerning any criminal
29 convictions of an applicant for employment shall be guilty of
30 a Class A misdemeanor, unless the release of such information
31 is authorized by this Section.
32 (c) No school board shall knowingly employ a person who
33 has been convicted for committing attempted first degree
34 murder or for committing or attempting to commit first degree
HB2902 Engrossed -9- LRB9108904NTsbA
1 murder or a Class X felony or any one or more of the
2 following offenses: (i) those defined in Sections 11-6, 11-9,
3 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
4 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
5 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
6 in the "Cannabis Control Act" except those defined in
7 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
8 in the "Illinois Controlled Substances Act"; and (iv) any
9 offense committed or attempted in any other state or against
10 the laws of the United States, which if committed or
11 attempted in this State, would have been punishable as one or
12 more of the foregoing offenses. Further, no school board
13 shall knowingly employ a person who has been found to be the
14 perpetrator of sexual or physical abuse of any minor under 18
15 years of age pursuant to proceedings under Article II of the
16 Juvenile Court Act of 1987.
17 (d) No school board shall knowingly employ a person for
18 whom a criminal background investigation has not been
19 initiated.
20 (e) Upon receipt of the record of a conviction of or a
21 finding of child abuse by a holder of any certificate issued
22 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
23 School Code, the appropriate regional superintendent of
24 schools or the State Superintendent of Education shall
25 initiate the certificate suspension and revocation
26 proceedings authorized by law.
27 (f) After January 1, 1990 the provisions of this Section
28 shall apply to all employees of persons or firms holding
29 contracts with any school district including, but not limited
30 to, food service workers, school bus drivers and other
31 transportation employees, who have direct, daily contact with
32 the pupils of any school in such district. For purposes of
33 criminal background investigations on employees of persons or
34 firms holding contracts with more than one school district
HB2902 Engrossed -10- LRB9108904NTsbA
1 and assigned to more than one school district, the regional
2 superintendent of the educational service region in which the
3 contracting school districts are located may, at the request
4 of any such school district, be responsible for receiving the
5 authorization for investigation prepared by each such
6 employee and submitting the same to the Department of State
7 Police. Any information concerning the record of conviction
8 of any such employee obtained by the regional superintendent
9 shall be promptly reported to the president of the
10 appropriate school board or school boards.
11 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
12 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
13 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
14 Sec. 34-18.5. Criminal background investigations.
15 (a) After August 1, 1985, certified and noncertified
16 applicants for employment with the school district are
17 required as a condition of employment to authorize an
18 investigation to determine if such applicants have been
19 convicted of any of the enumerated criminal or drug offenses
20 in subsection (c) of this Section or have been convicted,
21 within 7 years of the application for employment with the
22 school district, of any other felony under the laws of this
23 State or of any offense committed or attempted in any other
24 state or against the laws of the United States that, if
25 committed or attempted in this State, would have been
26 punishable as a felony under the laws of this State.
27 Authorization for the investigation shall be furnished by the
28 applicant to the school district, except that if the
29 applicant is a substitute teacher seeking employment in more
30 than one school district, or a teacher seeking concurrent
31 part-time employment positions with more than one school
32 district (as a reading specialist, special education teacher
33 or otherwise), or an educational support personnel employee
HB2902 Engrossed -11- LRB9108904NTsbA
1 seeking employment positions with more than one district, any
2 such district may require the applicant to furnish
3 authorization for the investigation to the regional
4 superintendent of the educational service region in which are
5 located the school districts in which the applicant is
6 seeking employment as a substitute or concurrent part-time
7 teacher or concurrent educational support personnel employee.
8 Upon receipt of this authorization, the school district or
9 the appropriate regional superintendent, as the case may be,
10 shall submit the applicant's name, sex, race, date of birth
11 and social security number to the Department of State Police
12 on forms prescribed by the Department. The regional
13 superintendent submitting the requisite information to the
14 Department of State Police shall promptly notify the school
15 districts in which the applicant is seeking employment as a
16 substitute or concurrent part-time teacher or concurrent
17 educational support personnel employee that the investigation
18 of the applicant has been requested. The Department of State
19 Police shall conduct an investigation to ascertain if the
20 applicant being considered for employment has been convicted
21 of any of the enumerated criminal or drug offenses in
22 subsection (c) or has been convicted, within 7 years of the
23 application for employment with the school district, of any
24 other felony under the laws of this State or of any offense
25 committed or attempted in any other state or against the laws
26 of the United States that, if committed or attempted in this
27 State, would have been punishable as a felony under the laws
28 of this State. The Department shall charge the school
29 district or the appropriate regional superintendent a fee for
30 conducting such investigation, which fee shall be deposited
31 in the State Police Services Fund and shall not exceed the
32 cost of the inquiry; and the applicant shall not be charged a
33 fee for such investigation by the school district or by the
34 regional superintendent. The regional superintendent may
HB2902 Engrossed -12- LRB9108904NTsbA
1 seek reimbursement from the State Board of Education or the
2 appropriate school district or districts for fees paid by the
3 regional superintendent to the Department for the criminal
4 background investigations required by this Section.
5 (b) The Department shall furnish, pursuant to positive
6 identification, records of convictions, until expunged, to
7 the president of the board of education for the school
8 district which requested the investigation, or to the
9 regional superintendent who requested the investigation. Any
10 information concerning the record of convictions obtained by
11 the president of the board of education or the regional
12 superintendent shall be confidential and may only be
13 transmitted to the general superintendent of the school
14 district or his designee, the appropriate regional
15 superintendent if the investigation was requested by the
16 board of education for the school district, the presidents of
17 the appropriate board of education or school boards if the
18 investigation was requested from the Department of State
19 Police by the regional superintendent, the State
20 Superintendent of Education, the State Teacher Certification
21 Board or any other person necessary to the decision of hiring
22 the applicant for employment. A copy of the record of
23 convictions obtained from the Department of State Police
24 shall be provided to the applicant for employment. If an
25 investigation of an applicant for employment as a substitute
26 or concurrent part-time teacher or concurrent educational
27 support personnel employee in more than one school district
28 was requested by the regional superintendent, and the
29 Department of State Police upon investigation ascertains that
30 the applicant has not been convicted of any of the enumerated
31 criminal or drug offenses in subsection (c) or has not been
32 convicted, within 7 years of the application for employment
33 with the school district, of any other felony under the laws
34 of this State or of any offense committed or attempted in any
HB2902 Engrossed -13- LRB9108904NTsbA
1 other state or against the laws of the United States that, if
2 committed or attempted in this State, would have been
3 punishable as a felony under the laws of this State and so
4 notifies the regional superintendent, then the regional
5 superintendent shall issue to the applicant a certificate
6 evidencing that as of the date specified by the Department of
7 State Police the applicant has not been convicted of any of
8 the enumerated criminal or drug offenses in subsection (c) or
9 has not been convicted, within 7 years of the application for
10 employment with the school district, of any other felony
11 under the laws of this State or of any offense committed or
12 attempted in any other state or against the laws of the
13 United States that, if committed or attempted in this State,
14 would have been punishable as a felony under the laws of this
15 State. The school board of any school district located in
16 the educational service region served by the regional
17 superintendent who issues such a certificate to an applicant
18 for employment as a substitute or concurrent part-time
19 teacher or concurrent educational support personnel employee
20 in more than one such district may rely on the certificate
21 issued by the regional superintendent to that applicant, or
22 may initiate its own investigation of the applicant through
23 the Department of State Police as provided in subsection (a).
24 Any person who releases any confidential information
25 concerning any criminal convictions of an applicant for
26 employment shall be guilty of a Class A misdemeanor, unless
27 the release of such information is authorized by this
28 Section.
29 (c) The board of education shall not knowingly employ a
30 person who has been convicted for committing attempted first
31 degree murder or for committing or attempting to commit first
32 degree murder or a Class X felony or any one or more of the
33 following offenses: (i) those defined in Sections 11-6,
34 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
HB2902 Engrossed -14- LRB9108904NTsbA
1 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
2 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
3 those defined in the Cannabis Control Act, except those
4 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
5 those defined in the Illinois Controlled Substances Act; and
6 (iv) any offense committed or attempted in any other state or
7 against the laws of the United States, which if committed or
8 attempted in this State, would have been punishable as one or
9 more of the foregoing offenses. Further, the board of
10 education shall not knowingly employ a person who has been
11 found to be the perpetrator of sexual or physical abuse of
12 any minor under 18 years of age pursuant to proceedings under
13 Article II of the Juvenile Court Act of 1987.
14 (d) The board of education shall not knowingly employ a
15 person for whom a criminal background investigation has not
16 been initiated.
17 (e) Upon receipt of the record of a conviction of or a
18 finding of child abuse by a holder of any certificate issued
19 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
20 School Code, the board of education or the State
21 Superintendent of Education shall initiate the certificate
22 suspension and revocation proceedings authorized by law.
23 (f) After March 19, 1990, the provisions of this Section
24 shall apply to all employees of persons or firms holding
25 contracts with any school district including, but not limited
26 to, food service workers, school bus drivers and other
27 transportation employees, who have direct, daily contact with
28 the pupils of any school in such district. For purposes of
29 criminal background investigations on employees of persons or
30 firms holding contracts with more than one school district
31 and assigned to more than one school district, the regional
32 superintendent of the educational service region in which the
33 contracting school districts are located may, at the request
34 of any such school district, be responsible for receiving the
HB2902 Engrossed -15- LRB9108904NTsbA
1 authorization for investigation prepared by each such
2 employee and submitting the same to the Department of State
3 Police. Any information concerning the record of conviction
4 of any such employee obtained by the regional superintendent
5 shall be promptly reported to the president of the
6 appropriate school board or school boards.
7 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
8 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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