101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3150

 

Introduced , by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
310 ILCS 10/3a new

    Amends the Housing Authorities Act. Provides that each person considered or recommended for appointment as a commissioner of a Housing Authority shall complete an application prior to his or her appointment. Requires the application to include a question concerning whether the person has been convicted of or found to be a child sex offender. Provides that no presiding officer of any municipality or county and no governing body of the unit of local government shall knowingly consider for appointment a person who has been convicted of or found to be a child sex offender, and shall remove such person from consideration upon discovery of the offense. Requires any commissioner of a Housing Authority to immediately disclose his or her conviction for a child sex offense to the presiding officer and governing body. Requires each person considered or recommended for appointment as a commissioner of a Housing Authority to authorize a criminal history investigation to determine if he or she has been convicted of specified criminal or drug offenses. Requires the Department of State Police to conduct the criminal history investigation, upon request, for a fee charged to the municipality or county that requested the investigation. Requires the Department of State Police and the Federal Bureau of Investigation to furnish the results of the investigation to the presiding officer and governing body of the unit of local government. Provides that any information or criminal records obtained by the presiding officer and the governing body shall be confidential. Provides that no presiding officer or governing body shall knowingly appoint or approve the appointment of any person who has been convicted of specified criminal or drug offenses. Effective immediately.


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A BILL FOR

 

HB3150LRB101 05535 KTG 50551 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Housing Authorities Act is amended by adding
5Section 3a as follows:
 
6    (310 ILCS 10/3a new)
7    Sec. 3a. Commissioner applications; criminal background
8investigations.
9    (a) As used in this Section:
10    "Child sex offender" has the meaning provided in paragraph
11(1) of subsection (d) of Section 11-9.3 of the Criminal Code of
122012.
13    (b) Each person considered or recommended for appointment
14as a commissioner of a Housing Authority shall complete an
15application prior to his or her appointment to the Housing
16Authority. The application shall include, but shall not be
17limited to, a question for the person to answer concerning
18whether the person has been convicted of or found to be a child
19sex offender. No presiding officer of any municipality or
20county and no governing body of the unit of local government
21shall knowingly consider for appointment a person who has been
22convicted of or found to be a child sex offender. A presiding
23officer or the governing body shall remove such person from

 

 

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1consideration upon discovery of the offense.
2    If any commissioner of a Housing Authority is convicted of
3or found to be a child sex offender, the commissioner shall
4immediately disclose the conviction or finding to the presiding
5officer having appointment authority and to the governing body
6of the unit of local government.
7    (c) Each person considered or recommended for appointment
8as a commissioner of a Housing Authority is required as a
9condition of his or her appointment to authorize an
10investigation to determine if he or she has been convicted of
11any of the enumerated criminal or drug offenses in subsection
12(e) or (f) of this Section, or adjudicated a delinquent minor
13for any of the enumerated criminal or drug offenses in
14subsection (e) or (f) of this Section, or has been convicted,
15within 7 years prior to the date of his or her application
16required under subsection (b), of any other felony under the
17laws of this State or of any offense committed or attempted in
18any other state or against the laws of the United States that,
19if committed or attempted in this State, would have been
20punishable as a felony under the laws of this State.
21Authorization for the investigation shall be furnished by the
22person to the presiding officer and the governing body. Upon
23receipt of this authorization, the presiding officer, in
24consultation with the governing body, shall submit the person's
25name, sex, race, date of birth, and social security number to
26the Department of State Police on forms prescribed by the

 

 

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1Department of State Police. The Department of State Police
2shall conduct a search of the Illinois criminal history records
3database to ascertain if the person being considered for
4appointment has been convicted of any of the enumerated
5criminal or drug offenses in subsection (e) or (f) of this
6Section, or adjudicated a delinquent minor for committing or
7attempting to commit any of the enumerated criminal or drug
8offenses in subsection (e) or (f) of this Section, or has been
9convicted of committing or attempting to commit, within 7 years
10prior to the date of his or her application required under
11subsection (b), any other felony under the laws of this State.
12The Department of State Police shall charge the municipality or
13county a fee for conducting the investigation, which fee shall
14be deposited into the State Police Services Fund and shall not
15exceed the cost of the inquiry. The person shall not be charged
16a fee by the municipality or county for the investigation.
17    (d) If the search of the Illinois criminal history record
18database indicates that the person has been convicted of any of
19the enumerated criminal or drug offenses in subsection (e) or
20(f), or adjudicated a delinquent minor for committing or
21attempting to commit any of the enumerated criminal or drug
22offenses in subsection (e) or (f), or has been convicted of
23committing or attempting to commit, within 7 years prior to the
24date of his or her application required under subsection (b),
25any other felony under the laws of this State, the Department
26of State Police and the Federal Bureau of Investigation shall

 

 

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1furnish, pursuant to a fingerprint based background check,
2records of convictions or adjudications as a delinquent minor,
3until expunged, to the presiding officer and the governing
4body. Any information concerning the record of convictions or
5adjudications as a delinquent minor obtained by the presiding
6officer and the governing body shall be confidential and may
7only be transmitted to those persons who are necessary to the
8decision on whether to appoint the person to the Housing
9Authority. A copy of the record of convictions or adjudications
10as a delinquent minor obtained from the Department of State
11Police shall be provided to the person considered or
12recommended for appointment. Any individual who releases any
13confidential information concerning any criminal convictions
14or adjudications as a delinquent minor of the person considered
15or recommended for appointment shall be guilty of a Class A
16misdemeanor, unless the release of such information is
17authorized by this Section.
18    (e) No presiding officer or governing body shall knowingly
19appoint or approve the appointment of any person who has been
20convicted, or adjudicated a delinquent minor, for committing
21attempted first degree murder or for committing or attempting
22to commit first degree murder, a Class X felony, or any one or
23more of the following criminal offenses: (i) those defined in
24Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
2511-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18,
2611-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,

 

 

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111-21, 11-30 (if convicted of a Class 4 felony), 12-7.3,
212-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the
3Criminal Code of 1961 or the Criminal Code of 2012; and (ii)
4any offense committed or attempted in any other state or
5against the laws of the United States, which, if committed or
6attempted in this State, would have been punishable as one or
7more of the foregoing offenses. Further, no presiding officer
8or governing body shall knowingly appoint or approve the
9appointment of any person who has been found to be the
10perpetrator of sexual or physical abuse of any minor under 18
11years of age pursuant to proceedings under Article II of the
12Juvenile Court Act of 1987. No presiding officer or governing
13board shall knowingly appoint or approve the appointment of any
14person for whom a criminal background investigation has not
15been initiated.
16    (f) No presiding officer or governing body shall knowingly
17appoint or approve the appointment of any person who has been
18convicted of the following drug offenses, other than an offense
19set forth in subsection (e), until 7 years following the end of
20the sentence imposed for any of the following offenses: (i)
21those defined in the Cannabis Control Act, except those defined
22in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of that Act; (ii)
23those defined in the Illinois Controlled Substances Act; (iii)
24those defined in the Methamphetamine Control and Community
25Protection Act; and (iv) any offense committed or attempted in
26any other state or against the laws of the United States,

 

 

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1which, if committed or attempted in this State, would have been
2punishable as one or more of the foregoing offenses. As used in
3this paragraph, "sentence" includes any period of supervision
4or probation that was imposed either alone or in combination
5with a period of incarceration.
6    (g) Notwithstanding the provisions of subsections (e) and
7(f), a presiding officer or governing body may, in its
8discretion, appoint or approve the appointment of a person who
9has been granted a certificate of good conduct under Section
105-5.5-25 of the Unified Code of Corrections by the circuit
11court.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.