96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4162


 
Introduced 2/27/2009, by Rep. Timothy L. Schmitz
 
SYNOPSIS AS INTRODUCED:
 		














70 ILCS 1205/8-23









    Amends the Park District Code. Requires criminal  background investigations for persons wishing to participate as a coach or official in a youth sports program. Effective immediately.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4162

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    AN ACT concerning local government.

 
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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 for employment or for permission to 
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participate as a coach or official in a youth sports program 
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with a park district is required as
a condition of employment 
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or participation to authorize an investigation to determine if

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the applicant has been convicted of any of the enumerated 
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criminal or drug
offenses in subsection (c) of this Section or 
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has been
convicted, within 7 years of the application for 
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employment or participation with the
park district, of any 
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other felony under the laws of this State or of any
offense 
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committed or attempted in any other state or against the laws 
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of
the United States that, if committed or attempted in this 
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State, would
have been punishable as a felony under the laws of 
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this State.  Authorization
for the
investigation shall be 
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furnished by the applicant to the park district.
Upon receipt 
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of this authorization, the park district shall submit the

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applicant's name, sex, race, date of birth, and social security 
 


 






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

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employment or participation has been convicted of committing or 
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attempting to commit 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 of committing or attempting to commit, within 7 years 
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of
the application for employment or participation with
the

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park district, any other felony under the laws of this State.  
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The
Department
of
State Police shall charge the park district a 
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fee for conducting the
investigation, which fee shall be 
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deposited in the State Police Services
Fund and shall not 
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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 or participation with the 
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park district, any other felony under the
laws of this State, 
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the Department of State Police and the Federal Bureau
of

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Investigation shall furnish, pursuant to
a fingerprint based 
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background check, records
of convictions, until expunged, to 
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the
president of the park district.  Any information concerning 
 


 






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the record of
convictions obtained by the president shall be 
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confidential and may only
be transmitted to those persons who 
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are necessary to the decision on whether to
hire the
applicant 
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for employment or allow the applicant to participate.  A copy of 
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the record of convictions obtained
from the Department of State 
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Police shall be provided to the applicant for
employment or 
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participation.  Any person who releases any confidential 
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information
concerning any criminal convictions of an 
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applicant for employment or participation shall
be guilty of a 
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Class A 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 or 
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allow the participation of any person who has been
convicted 
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for committing attempted first degree murder or
for committing

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or attempting to commit first degree murder, a Class X felony, 
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or any
one or more of the following offenses:  (i) those defined 
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in 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; (iv) 
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those defined in the Methamphetamine Control and Community 
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Protection Act; and (v) any offense
committed or attempted in 
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any other state or against the laws of the
United States, 
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which, if committed or attempted in this State, would have
been 
 


 






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punishable as one or more of the foregoing offenses.  Further, 
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no
park district shall knowingly employ a person who has been 
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found to be
the perpetrator of sexual or physical abuse of any 
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minor under 18 years
of age pursuant to proceedings under 
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Article II of the Juvenile Court Act
of 1987.  No park district 
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shall knowingly employ a person or allow a person to 
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participate for whom a
criminal background investigation has 
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not been initiated.

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(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)

 

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