093_HB2471
LRB093 07753 BDD 11664 b
1 AN ACT concerning the public welfare and safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Park District Code is amended by changing
5 Section 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
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. Upon submission the Department
25 of State Police shall conduct an investigation to ascertain
26 if the applicant being considered for employment has been
27 convicted of any of the enumerated criminal or drug offenses
28 in subsection (c) of this Section or has been convicted,
29 within 7 years of the application for employment with the
30 park district, of any other felony under the laws of this
31 State or of any offense committed or attempted in any other
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1 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. The
4 Department of State Police shall charge the park district a
5 fee for conducting the investigation, which fee shall be
6 deposited in the State Police Services Fund and shall not
7 exceed the cost of the inquiry. The applicant shall not be
8 charged a fee by the park district for 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 or his
12 or her designee. Any information concerning the record of
13 convictions obtained by the president or his or her designee
14 shall be confidential and may only be transmitted to those
15 persons who are necessary to the decision on whether to hire
16 the applicant for employment. A copy of the record of
17 convictions obtained from the Department of State Police
18 shall be provided to the applicant for employment. Any
19 person who releases any confidential information concerning
20 any criminal convictions of an applicant for employment shall
21 be guilty of a Class A misdemeanor, unless the release of
22 such information is authorized by this Section.
23 (c) No park district that has authorized an
24 investigation shall knowingly employ a person who has been
25 convicted for committing attempted first degree murder or for
26 committing or attempting to commit first degree murder, a
27 Class X felony, or any one or more of the following offenses:
28 (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
29 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
30 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
31 the Criminal Code of 1961; (ii) those defined in the Cannabis
32 Control Act, except those defined in Sections 4(a), 4(b), and
33 5(a) of that Act; (iii) those defined in the Illinois
34 Controlled Substances Act; and (iv) any offense committed or
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1 attempted in any other state or against the laws of the
2 United States, which, if committed or attempted in this
3 State, would have been punishable as one or more of the
4 foregoing offenses. Further, no park district that has
5 authorized an investigation shall knowingly employ a person
6 who has been found to be the perpetrator of sexual or
7 physical abuse of any minor under 18 years of age pursuant to
8 proceedings under Article II of the Juvenile Court Act of
9 1987. In no event is a park district required to conduct an
10 investigation on any individual who is (1) under 17 years of
11 age or (2) an employee rehired within an 18-month period upon
12 whom an investigation has been previously conducted. No park
13 district shall knowingly employ a person for whom a criminal
14 background investigation has not been initiated.
15 (Source: P.A. 91-885, eff. 7-6-00.)".
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.