93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4488


 
Introduced 02/03/04, by Carole Pankau
 
SYNOPSIS AS INTRODUCED:
 		













70 ILCS 1205/8-23










    Amends the Park District Code.  Provides that a park district is required to do
a criminal background investigation only on those applicants for employment
with the district who are age 17 years or older (now, a criminal background
investigation is required for all applicants).



















LRB093 18401 MKM 44109 b




















 


 


A BILL FOR









 














HB4488

LRB093 18401 MKM 44109 b









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    AN ACT concerning park districts. 

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


 
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    Section 5. The Park District Code is amended by changing

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Section 8-23 as follows:


 



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    (70 ILCS 1205/8-23)


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    Sec. 8-23. Criminal background investigations. 

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    (a) An applicant, age 17 years or
older, for employment 
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with a park district is required as
a condition of employment 
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to authorize an investigation to determine if
the applicant has 
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been convicted of any of the enumerated criminal or drug

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offenses in subsection (c) of this Section or has been

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convicted, within 7 years of the application for employment 
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with the
park district, of any other felony under the laws of 
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this State or of any
offense committed or attempted in any 
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other state or against the laws of
the United States that, if 
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committed or attempted in this State, would
have been 
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punishable as a felony under the laws of this State.  
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Authorization
for the
investigation shall be furnished by the 
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applicant to the park district.
Upon receipt of this 
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authorization, the park district shall submit the
applicant's 
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name, sex, race, date of birth, and social security number to

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the Department of State Police on forms prescribed by the 
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Department of
State Police.  The Department of State Police 
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shall conduct a search of the
Illinois criminal history records 
26
database to ascertain if the applicant being considered for

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employment has been convicted of committing or attempting to 
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commit any of
the enumerated criminal or drug
offenses
in 
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subsection (c) of this Section or
has been convicted of 
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committing or attempting to commit, within 7 years of
the 
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application for employment with
the
park district, any other 
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felony under the laws of this State.  The
Department
of
State 
 


 









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Police shall charge the park district a fee for conducting the

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investigation, which fee shall be deposited in the State Police 
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Services
Fund and shall not exceed the cost of the inquiry.  The 
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applicant shall
not be charged a fee by the park district for 
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the investigation.

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    (b) If the search of the Illinois criminal history record 
7
database
indicates that the applicant has been convicted of 
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committing or attempting to
commit any of the enumerated 
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criminal or drug offenses in subsection (c) or has
been 
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convicted of committing or attempting to commit, within 7 years 
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of the
application for employment with the park district, any 
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other felony under the
laws of this State, the Department of 
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State Police and the Federal Bureau
of
Investigation shall 
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furnish, pursuant to
a fingerprint based background check, 
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records
of convictions, until expunged, to the
president of the 
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park district.  Any information concerning the record of

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convictions obtained by the president shall be confidential and 
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may only
be transmitted to those persons who are necessary to 
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the decision on whether to
hire the
applicant for employment.  A 
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copy of the record of convictions obtained
from the Department 
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of State Police shall be provided to the applicant for

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employment.  Any person who releases any confidential 
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information
concerning any criminal convictions of an 
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applicant for employment shall
be guilty of a Class A 
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misdemeanor, unless the release of such
information is 
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authorized by this Section.

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    (c) No park district shall knowingly employ a person who 
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has been
convicted for committing attempted first degree murder 
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or
for committing
or attempting to commit first degree murder, 
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a Class X felony, or any
one or more of the following offenses:  
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(i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 
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11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 
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11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the 
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Criminal Code of 1961; (ii) those defined in the Cannabis 
35
Control Act,
except those defined in Sections 4(a), 4(b), and 
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5(a) of that Act; (iii) those
defined in the Illinois 
 


 









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Controlled Substances Act; and
(iv) any offense
committed or 
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attempted in any other state or against the laws of the
United 
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States, which, if committed or attempted in this State, would 
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have
been punishable as one or more of the foregoing offenses.  
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Further, no
park district shall knowingly employ a person who 
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has been found to be
the perpetrator of sexual or physical 
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abuse of any minor under 18 years
of age pursuant to 
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proceedings under Article II of the Juvenile Court Act
of 1987.  
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No park district shall knowingly employ a person for whom a

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criminal background investigation has not been initiated.

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(Source: P.A. 93-418, eff. 1-1-04.)