93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3113


 
Introduced 2/6/2004, by Wendell E. Jones
 
SYNOPSIS AS INTRODUCED:
 		













70 ILCS 1205/8-23










    Amends the Park District Code. Regarding criminal history background
investigations of prospective park
district job applicants, provides that these investigations are not required
for minors under the age of 17 or previously
investigated employees rehired within 18 months. Makes other changes.
Effective immediately.
















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A BILL FOR









 











SB3113

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    AN ACT concerning the public welfare and safety. 

 
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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 3. 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 for employment with a park district is 
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required as
a condition of employment to authorize an 
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investigation to determine if
the applicant has been convicted 
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of any of the enumerated criminal or drug
offenses in 
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subsection (c) of this Section or has been
convicted, within 7 
13
years of the application for employment with the
park district, 
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of any other felony under the laws of this State or of any

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offense committed or attempted in any other state or against 
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the laws of
the United States that, if committed or attempted 
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in this State, would
have been punishable as a felony under the 
18
laws of this State.  Authorization
for the
investigation shall 
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be furnished by the applicant to the park district.
Upon 
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receipt of this authorization, the park district shall submit 
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the
applicant's name, sex, race, date of birth, and social 
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security number to
the Department of State Police on forms 
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prescribed by the Department of
State Police.  Upon submission 
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the
The Department of State Police shall conduct a search of 
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the
Illinois criminal history records database to ascertain if 
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the applicant being considered for
employment has been 
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convicted of committing or attempting to commit any of
the 
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enumerated criminal or drug
offenses
in subsection (c) of this 
29
Section or
has been convicted of committing or attempting to 
30
commit, within 7 years of
the application for employment with

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the
park district, any other felony under the laws of this 
32
State.  The
Department
of
State Police shall charge the park 
 


 






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

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    (b) If the search of the Illinois criminal history record 
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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 or his or her designee.  Any information 
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concerning the record of
convictions obtained by the president 
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or his or her designee shall be confidential and may only
be 
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transmitted to those persons who are necessary to the decision 
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on whether to
hire the
applicant for employment.  A copy of the 
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record of convictions obtained
from the Department of State 
21
Police shall be provided to the applicant for
employment.  Any 
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person who releases any confidential information
concerning 
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any criminal convictions of an applicant for employment shall

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be guilty of a Class A misdemeanor, unless the release of such

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information is authorized by this Section.

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

 


 






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(iv) any offense
committed or attempted in any other state or 
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against the laws of the
United States, which, if committed or 
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attempted in this State, would have
been punishable as one or 
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more of the foregoing offenses.  Further, no
park district that 
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has authorized an investigation shall knowingly employ a person 
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who 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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In no event is a park district required to conduct an 
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investigation on any
individual
who is (1)
under 17 years of 
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age
or (2) an employee rehired within an 18-month period upon 
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whom an
investigation has been previously conducted.
No park 
13
district shall knowingly employ a person for whom a
criminal 
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background investigation has not been initiated.

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



 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.