Counties & Townships Committee
Filed: 3/11/2010
 
 

 




 

 		












09600HB5934ham001

LRB096 16082 RLJ 38224 a






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AMENDMENT TO HOUSE BILL 5934




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    AMENDMENT NO. ______. Amend House Bill 5934 by replacing 
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everything after the enacting clause with the following:


 
 
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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 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 
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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 
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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.  The Department of 
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State Police shall conduct a search of the
Illinois criminal 
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history records database to ascertain if the applicant being 
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considered for
employment 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 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 shall charge the park district a fee for 
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conducting the
investigation, which fee shall be deposited in 
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the State Police Services
Fund and shall not exceed the cost of 
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the inquiry.  The applicant shall
not be charged a fee by the 
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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.  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 
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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; (iv) those defined in the 
 


 






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Methamphetamine Control and Community Protection Act; and (v) 
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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 shall 
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knowingly employ a person who has been found to be
the 
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perpetrator of sexual or physical abuse of any minor under 18 
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years
of age pursuant to proceedings under Article II of the 
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Juvenile Court Act
of 1987.  No park district shall knowingly 
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employ a person for whom a
criminal background investigation 
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has not been initiated.

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    (d) Notwithstanding subsection (c), no park district may 
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discharge any
employee of a park district on the basis of a 
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prior
conviction for a
drug offense under the Cannabis Control 
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Act if all of the following requirements are met:
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        (1) the employee was not sentenced to a period of 
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    incarceration as a result of his or her drug conviction; 
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    and
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        (2) the employee was convicted of violating the 
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    Cannabis Control Act more than 20 years prior to his or her 
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    employment with the park district.
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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.".