HB2731 101ST GENERAL ASSEMBLY

LRB101 08827 SLF 53916 b

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.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by adding Section 805-50 as follows:

(20 ILCS 805/805-50 new)

Sec. 805-50. Criminal background checks.

(a) It is unlawful for a person to volunteer for the Department on Department owned or controlled property until a criminal background check has been approved by the Department. A Department criminal background check of prospective Department volunteers shall include a review of criminal conviction history provided by the Department of State Police and a review of public databases including: Sex Offender Registration, Murderer and Violent Offenders Against Youth, and Methamphetamine Manufacturers.

(b) Each volunteer applicant shall complete and sign a Department of Central Management Services Authorization for Release of Criminal History Information, CMS Form 248A ("Authorization Form"). The applicant must list his or her permanent street address on the Authorization Form. A post office address without a street address will not be accepted. Campground hosts must submit an Authorization Form for all residents of the host site.

(c) Upon receipt of the completed and signed Authorization Form, the Department shall review the criminal background information provided. If no such information is found, the Department shall notify the Volunteer Supervisor of approval by email or telephone. Volunteers must immediately notify the Department in writing of any convictions or other relevant change in status after this process is completed.

(d) The following criteria shall be used to determine if the applicant may volunteer with the Department:

(1) An applicant that does not consent to a criminal background check and fails to complete and sign the Authorization Form or cooperate with the background check process shall be denied.

(2) An applicant that makes false statements regarding his or her criminal history or fails to disclose criminal history may be denied.

(3) A person convicted of a violent crime, a crime against a person, a crime involving the use of a weapon, or is a registered sex offender shall immediately be denied without review.

(4) A person applying for Campground host shall be denied if he or she has been convicted of theft or related crimes.

(5) A person applying for Campground host jointly shall be denied jointly if one individual has been denied.

(6) Records of arrest not followed by a conviction and convictions that have been annulled or expunged shall not be considered grounds for denial. The successful completion of a period of supervision shall not be considered a conviction.

(7) The Department has discretion to accept or deny any volunteer based on his or her criminal record and anticipated duties.

(8) If a decision is reached to deny the applicant based on his or her criminal record, the Department designee shall notify the applicant in writing by certified mail, with a copy of the denial sent to the Volunteer Supervisor.

(e) 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. The applicant shall be responsible for any costs associated with challenging a Department denial.

(f) If the Department of State Police background check reveals convictions outside of the State, the volunteer shall be denied unless he or she furnishes a Federal Bureau Investigation identity history report for further review and consideration. The volunteer is responsible for any costs associated to furnish the Federal Bureau Investigation identity history report.

(g) A criminal background check may be required by the Department at any time during the volunteer's time with the Department. A new Authorization Form must be completed by the volunteer upon request. Failure to comply with a Department request for an additional background check may result in the volunteer being denied or revoked.

Section 10. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-347 as follows:

(20 ILCS 2605/2605-347 new)

Sec. 2605-347. Criminal history information for Department of Natural Resources. Upon request of the Department of Natural Resources, the Department shall conduct an assessment and evaluation of criminal history information as required under Section 805-50 of the Department of Natural Resources (Conservation) Law. The request shall be in a form and manner specified by the Department.