HB5448 98TH GENERAL ASSEMBLY

LRB098 16792 OMW 54724 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5448

Introduced , by Rep. John D. Anthony

SYNOPSIS AS INTRODUCED:

20 ILCS 510/510-300 new
20 ILCS 2605/2605-605 new
730 ILCS 5/3-2-2.3 new
730 ILCS 5/3-2.5-55 new

Amends the Department of Children and Family Services Powers Law of the Civil Administrative Code of Illinois. Provides that no person who is a gang member or a former gang member shall be eligible for hire or appointment by the Department of Children and Family Services for a period of 10 years after the most recent showing of former or current gang membership. Provides that former or current gang membership may be determined by the Department based on a conviction for a gang-related offense; an admission by the applicant during a court proceeding, deposition, or job application that the applicant is a gang member or a former gang member; or a finding of fact that a person is a gang member or a former gang member in a court opinion or an order of the court. Defines terms. Makes corresponding changes to the Department of State Police Law of the Civil Administrative Code of Illinois and the Unified Code of Corrections that apply to the Department of State Police, the Department of Corrections, and the Department of Juvenile Justice. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Children and Family Services Powers Law of the Civil Administrative Code of Illinois is amended by adding Section 510-300 as follows:

(20 ILCS 510/510-300 new)

Sec. 510-300. Limitation on employment; gang membership.

(a) Notwithstanding any other provision of law, on and after the effective date of this amendatory Act of the 98th General Assembly, no person who is a gang member or a former gang member shall be eligible for hire or appointment by the Department for a period of 10 years after the most recent showing of former or current gang membership under subsection (b) of this Section.

(b) Former or current gang membership may be determined by the Department based on the following:

(1) a conviction for a gang-related offense;

(2) an admission by the applicant during a court proceeding, deposition, or job application that the applicant is a gang member or a former gang member; or

(3) a finding of fact that a person is a gang member or a former gang member in a court opinion or an order of the court.

(c) As used in this Section:

"Gang member" has the meaning ascribed to it in the Illinois Streetgang Terrorism Omnibus Prevention Act.

"Gang-related offense" has the meaning provided for "gang-related" in the Illinois Streetgang Terrorism Omnibus Prevention Act and does not include violations under Sections 12-6.2, 12-6.4, 12-6.5, 24-1.8, 25-5, and 48-1(i)(1.5)(iii) of the Criminal Code of 2012; Article 33G of the Criminal Code of 2012; or Section 405.2 of the Illinois Controlled Substances Act.

Section 10. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-605 as follows:

(20 ILCS 2605/2605-605 new)

Sec. 2605-605. Limitation on employment; gang membership.

(a) Notwithstanding any other provision of law, on and after the effective date of this amendatory Act of the 98th General Assembly, no person who is a gang member or a former gang member shall be eligible for hire or appointment by the Department for a period of 10 years after the most recent showing of former or current gang membership under subsection (b) of this Section.

(b) Former or current gang membership may be determined by the Department based on the following:

(1) a conviction for a gang-related offense;

(2) an admission by the applicant during a court proceeding, deposition, or job application that the applicant is a gang member or a former gang member; or

(3) a finding of fact that a person is a gang member or a former gang member in a court opinion or an order of the court.

(c) As used in this Section:

"Gang member" has the meaning ascribed to it in the Illinois Streetgang Terrorism Omnibus Prevention Act.

"Gang-related offense" has the meaning provided for "gang-related" in the Illinois Streetgang Terrorism Omnibus Prevention Act and does not include violations under Sections 12-6.2, 12-6.4, 12-6.5, 24-1.8, 25-5, and 48-1(i)(1.5)(iii) of the Criminal Code of 2012; Article 33G of the Criminal Code of 2012; or Section 405.2 of the Illinois Controlled Substances Act.

Section 15. The Unified Code of Corrections is amended by adding Sections 3-2-2.3 and 3-2.5-55 as follows:

(730 ILCS 5/3-2-2.3 new)

Sec. 3-2-2.3. Limitation on employment; gang membership.

(a) Notwithstanding any other provision of law, on and after the effective date of this amendatory Act of the 98th General Assembly, no person who is a gang member or a former gang member shall be eligible for hire or appointment by the Department for a period of 10 years after the most recent showing of former or current gang membership under subsection (b) of this Section.

(b) Former or current gang membership may be determined by the Department based on the following:

(1) a conviction for a gang-related offense;

(2) an admission by the applicant during a court proceeding, deposition, or job application that the applicant is a gang member or a former gang member; or

(3) a finding of fact that a person is a gang member or a former gang member in a court opinion or an order of the court.

(c) As used in this Section:

"Gang member" has the meaning ascribed to it in the Illinois Streetgang Terrorism Omnibus Prevention Act.

"Gang-related offense" has the meaning provided for "gang-related" in the Illinois Streetgang Terrorism Omnibus Prevention Act and does not include violations under Sections 12-6.2, 12-6.4, 12-6.5, 24-1.8, 25-5, and 48-1(i)(1.5)(iii) of the Criminal Code of 2012; Article 33G of the Criminal Code of 2012; or Section 405.2 of the Illinois Controlled Substances Act.

(730 ILCS 5/3-2.5-55 new)

Sec. 3-2.5-55. Limitation on employment; gang membership.

(a) Notwithstanding any other provision of law, on and after the effective date of this amendatory Act of the 98th General Assembly, no person who is a gang member or a former gang member shall be eligible for hire or appointment by the Department for a period of 10 years after the most recent showing of former or current gang membership under subsection (b) of this Section.

(b) Former or current gang membership may be determined by the Department based on the following:

(1) a conviction for a gang-related offense;

(2) an admission by the applicant during a court proceeding, deposition, or job application that the applicant is a gang member or a former gang member; or

(3) a finding of fact that a person is a gang member or a former gang member in a court opinion or an order of the court.

(c) As used in this Section:

"Gang member" has the meaning ascribed to it in the Illinois Streetgang Terrorism Omnibus Prevention Act.

"Gang-related offense" has the meaning provided for "gang-related" in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act and does not include violations under Sections 12-6.2, 12-6.4, 12-6.5, 24-1.8, 25-5, and 48-1(i)(1.5)(iii) of the Criminal Code of 2012; Article 33G of the Criminal Code of 2012; or Section 405.2 of the Illinois Controlled Substances Act.

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