96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5934


 
Introduced 2/10/2010, by Rep. Robert Rita
 
SYNOPSIS AS INTRODUCED:
 		





 










70 ILCS 1205/8-23




70 ILCS 1505/16a-5










     Amends the Park District Code and the Chicago Park District Act. Provides that no park district may
discharge any employee of a park district or deny any
applicant employment at a park district on the basis
of a
prior conviction for a cannabis offense if certain requirements are met. Effective immediately.
  















LRB096 16082 RLJ 31331 b

















 


 


A BILL FOR









 




  






HB5934

LRB096 16082 RLJ 31331 b





  
1
    AN ACT concerning local government.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. 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 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

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 
 


 






HB5934
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LRB096 16082 RLJ 31331 b




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

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

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.

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

25
convictions obtained by the president shall be confidential and 
26
may only
be transmitted to those persons who are necessary to 
 


 






HB5934
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LRB096 16082 RLJ 31331 b




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

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.

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 
 


 






HB5934
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LRB096 16082 RLJ 31331 b




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

7
employment
at a park district on the basis of a prior

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.)

 
19
    Section 10. The Chicago Park District Act is amended by 
20
changing Section 16a-5 as follows:
 



21
    (70 ILCS 1505/16a-5)



22
    Sec. 16a-5. Criminal background investigations. 

23
    (a) An applicant for employment with the Chicago Park 
24
District is
required as a condition of employment to authorize 
 


 






HB5934
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LRB096 16082 RLJ 31331 b




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 
 


 






HB5934
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LRB096 16082 RLJ 31331 b




1
not exceed the cost of the inquiry.  The
applicant shall not be 
2
charged a fee by the Chicago Park District for the

3
investigation.

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.

26
    (c) The Chicago Park District may not knowingly employ a 
 


 






HB5934
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LRB096 16082 RLJ 31331 b




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,

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:
 


 






HB5934
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LRB096 16082 RLJ 31331 b




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.)

 
 
10
    Section 99. Effective date. This Act takes effect upon 
11
becoming law.