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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Park District Code is amended by changing | |||||||||||||||||||||
5 | Section 8-23 as follows:
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6 | (70 ILCS 1205/8-23)
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7 | Sec. 8-23. Criminal background investigations.
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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 convicted | |||||||||||||||||||||
11 | of any of the enumerated criminal or drug
offenses in | |||||||||||||||||||||
12 | subsection (c) of this Section or has been
convicted, within 7 | |||||||||||||||||||||
13 | years of the application for employment with the
park district, | |||||||||||||||||||||
14 | of any other felony under the laws of this State or of any
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15 | offense committed or attempted in any other state or against | |||||||||||||||||||||
16 | the laws of
the United States that, if committed or attempted | |||||||||||||||||||||
17 | in this State, would
have been punishable as a felony under the | |||||||||||||||||||||
18 | laws of this State. Authorization
for the
investigation shall | |||||||||||||||||||||
19 | be furnished by the applicant to the park district.
Upon | |||||||||||||||||||||
20 | receipt of this authorization, the park district shall submit | |||||||||||||||||||||
21 | the
applicant's name, sex, race, date of birth, and social | |||||||||||||||||||||
22 | security number to
the Department of State Police on forms | |||||||||||||||||||||
23 | prescribed by the Department of
State Police. The Department of |
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1 | State Police shall conduct a search of the
Illinois criminal | ||||||
2 | history records database to ascertain if the applicant being | ||||||
3 | considered for
employment has been convicted of committing or | ||||||
4 | attempting to commit any of
the enumerated criminal or drug
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5 | offenses
in subsection (c) of this Section or
has been | ||||||
6 | convicted of committing or attempting to commit, within 7 years | ||||||
7 | of
the application for employment with
the
park district, any | ||||||
8 | other felony under the laws of this State. The
Department
of
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9 | State Police shall charge the park district a fee for | ||||||
10 | conducting the
investigation, which fee shall be deposited in | ||||||
11 | the State Police Services
Fund and shall not exceed the cost of | ||||||
12 | the inquiry. The applicant shall
not be charged a fee by the | ||||||
13 | park district for the investigation.
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14 | (b) If the search of the Illinois criminal history record | ||||||
15 | database
indicates that the applicant has been convicted of | ||||||
16 | committing or attempting to
commit any of the enumerated | ||||||
17 | criminal or drug offenses in subsection (c) or has
been | ||||||
18 | convicted of committing or attempting to commit, within 7 years | ||||||
19 | of the
application for employment with the park district, any | ||||||
20 | other felony under the
laws of this State, the Department of | ||||||
21 | State Police and the Federal Bureau
of
Investigation shall | ||||||
22 | furnish, pursuant to
a fingerprint based background check, | ||||||
23 | records
of convictions, until expunged, to the
president of the | ||||||
24 | park district. Any information concerning the record of
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25 | convictions obtained by the president shall be confidential and | ||||||
26 | may only
be transmitted to those persons who are necessary to |
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1 | the decision on whether to
hire the
applicant for employment. A | ||||||
2 | copy of the record of convictions obtained
from the Department | ||||||
3 | of State Police shall be provided to the applicant for
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4 | employment. Any person who releases any confidential | ||||||
5 | information
concerning any criminal convictions of an | ||||||
6 | applicant for employment shall
be guilty of a Class A | ||||||
7 | misdemeanor, unless the release of such
information is | ||||||
8 | authorized by this Section.
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9 | (c) No park district shall knowingly employ a person who | ||||||
10 | has been
convicted for committing attempted first degree murder | ||||||
11 | or
for committing
or attempting to commit first degree murder, | ||||||
12 | a Class X felony, or any
one or more of the following offenses: | ||||||
13 | (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, | ||||||
14 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, | ||||||
15 | 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the | ||||||
16 | Criminal Code of 1961; (ii) those defined in the Cannabis | ||||||
17 | Control Act,
except those defined in Sections 4(a), 4(b), and | ||||||
18 | 5(a) of that Act; (iii) those
defined in the Illinois | ||||||
19 | Controlled Substances Act; (iv) those defined in the | ||||||
20 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
21 | any offense
committed or attempted in any other state or | ||||||
22 | against the laws of the
United States, which, if committed or | ||||||
23 | attempted in this State, would have
been punishable as one or | ||||||
24 | more of the foregoing offenses. Further, no
park district shall | ||||||
25 | knowingly employ a person who has been found to be
the | ||||||
26 | perpetrator of sexual or physical abuse of any minor under 18 |
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1 | years
of age pursuant to proceedings under Article II of the | ||||||
2 | Juvenile Court Act
of 1987. No park district shall knowingly | ||||||
3 | employ a person for whom a
criminal background investigation | ||||||
4 | has not been initiated.
| ||||||
5 | (d) Notwithstanding subsection (c), no park district may | ||||||
6 | discharge any
employee of a park district or deny any applicant
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7 | employment
at a park district on the basis of a prior
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8 | conviction for a
drug offense if all of the following | ||||||
9 | requirements are met: | ||||||
10 | (1) the applicant was not sentenced to a period of | ||||||
11 | incarceration as a result of his or her drug conviction; | ||||||
12 | (2) the applicant was convicted of violating the | ||||||
13 | Cannabis Control Act; and | ||||||
14 | (3) the applicant meets all other requirements and | ||||||
15 | qualifications to be employed by the park district under | ||||||
16 | this Act and under the park
district's administrative | ||||||
17 | rules. | ||||||
18 | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
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19 | Section 10. The Chicago Park District Act is amended by | ||||||
20 | changing Section 16a-5 as follows:
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21 | (70 ILCS 1505/16a-5)
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22 | Sec. 16a-5. Criminal background investigations.
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23 | (a) An applicant for employment with the Chicago Park | ||||||
24 | District is
required as a condition of employment to authorize |
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1 | an investigation to
determine if the applicant has been | ||||||
2 | convicted of any of the enumerated criminal
or drug
offenses in | ||||||
3 | subsection (c) of this Section
or has been convicted, within 7 | ||||||
4 | years of the application for employment with
the Chicago Park | ||||||
5 | District, of any other felony under the laws of this State or
| ||||||
6 | of any
offense committed or attempted in any other state or | ||||||
7 | against the laws of
the United States that, if committed or | ||||||
8 | attempted in this State, would
have been punishable as a felony | ||||||
9 | under the laws of this State. Authorization
for the | ||||||
10 | investigation shall be furnished by the applicant to the | ||||||
11 | Chicago
Park District. Upon receipt of this authorization, the | ||||||
12 | Chicago Park
District shall submit the applicant's name, sex, | ||||||
13 | race, date of birth, and
social security number to the | ||||||
14 | Department of State Police on forms
prescribed by the | ||||||
15 | Department of State Police. The Department of State
Police | ||||||
16 | shall conduct a search of the Illinois criminal history record
| ||||||
17 | information database to ascertain if the applicant being
| ||||||
18 | considered for employment has been convicted of committing or | ||||||
19 | attempting to
commit any of the enumerated criminal
or drug
| ||||||
20 | offenses in subsection (c) of this Section or has been
| ||||||
21 | convicted, of committing or attempting to commit within 7 years | ||||||
22 | of the
application for employment with the
Chicago Park | ||||||
23 | District, any other felony under the laws of this State. The
| ||||||
24 | Department of State Police shall charge the Chicago Park | ||||||
25 | District a fee
for conducting the investigation, which fee | ||||||
26 | shall be deposited in the State
Police Services Fund and shall |
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1 | not exceed the cost of the inquiry. The
applicant shall not be | ||||||
2 | charged a fee by the Chicago Park District for the
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3 | investigation.
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4 | (b) If the search of the Illinois criminal history record | ||||||
5 | database
indicates that the applicant has been convicted of | ||||||
6 | committing or attempting to
commit any of the enumerated | ||||||
7 | criminal or drug offenses in subsection (c) or has
been | ||||||
8 | convicted of committing or attempting to commit, within 7 years | ||||||
9 | of the
application for employment with the Chicago Park | ||||||
10 | District, any other felony
under the laws of this State, the | ||||||
11 | Department of State Police and the
Federal Bureau of
| ||||||
12 | Investigation shall furnish, pursuant to
a fingerprint based | ||||||
13 | background check, records
of convictions, until expunged, to | ||||||
14 | the
General Superintendent and Chief Executive Officer of the | ||||||
15 | Chicago Park
District. Any information concerning the
record of | ||||||
16 | convictions obtained by the General Superintendent and Chief
| ||||||
17 | Executive Officer shall be confidential and
may only be | ||||||
18 | transmitted to those persons who are necessary to the decision | ||||||
19 | on
whether to hire the applicant for employment. A copy of the | ||||||
20 | record of
convictions
obtained from the Department of State | ||||||
21 | Police shall be provided to the
applicant for employment. Any | ||||||
22 | person who releases any confidential
information concerning | ||||||
23 | any criminal convictions of an applicant for
employment shall | ||||||
24 | be guilty of a Class A misdemeanor, unless the release
of such | ||||||
25 | information is authorized by this Section.
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26 | (c) The Chicago Park District may not knowingly employ a |
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1 | person
who has been convicted for committing attempted first | ||||||
2 | degree murder
or
for committing or attempting to commit first | ||||||
3 | degree murder, a Class X felony,
or
any one or more of the | ||||||
4 | following offenses: (i) those defined in
Sections 11-6, 11-9, | ||||||
5 | 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, | ||||||
6 | 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15,
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7 | and 12-16 of the Criminal Code of 1961; (ii) those defined in | ||||||
8 | the
Cannabis Control Act, except those defined in Sections | ||||||
9 | 4(a), 4(b), and
5(a) of that Act; (iii) those defined in the | ||||||
10 | Illinois Controlled Substances
Act; (iv) those defined in the | ||||||
11 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
12 | any offense committed or attempted in any
other state or
| ||||||
13 | against the laws of the United States, which, if committed or | ||||||
14 | attempted in
this State, would have been punishable as one or | ||||||
15 | more of the foregoing
offenses. Further, the Chicago Park | ||||||
16 | District may not knowingly employ a
person who has been found | ||||||
17 | to be the perpetrator of sexual or physical
abuse of any minor | ||||||
18 | under 18 years of age pursuant to proceedings under
Article II | ||||||
19 | of the Juvenile Court Act of 1987. The Chicago Park District
| ||||||
20 | may not knowingly employ a person for whom a criminal | ||||||
21 | background
investigation has not been initiated.
| ||||||
22 | (d) Notwithstanding subsection (c), the Chicago Park | ||||||
23 | District may not discharge any
employee of the park district or | ||||||
24 | deny any applicant
employment
at the park district on the basis | ||||||
25 | of a prior
conviction for a
drug offense if all of the | ||||||
26 | following requirements are met: |
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| |||||||
1 | (1) the applicant was not sentenced to a period of | ||||||
2 | incarceration as a result of his or her drug conviction; | ||||||
3 | (2) the applicant was convicted of violating the | ||||||
4 | Cannabis Control Act; and | ||||||
5 | (3) the applicant meets all other requirements and | ||||||
6 | qualifications to be employed by the park district under | ||||||
7 | this Act and under the park
district's administrative | ||||||
8 | rules. | ||||||
9 | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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