98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4471

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1205/8-23

    Amends the Park District Code. Makes a technical change in a Section concerning criminal background investigations.


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A BILL FOR

 

HB4471LRB098 19047 JLK 54197 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Park District Code is amended by changing
5Section 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
9required as a condition of employment to authorize an
10investigation to determine if the the applicant has been
11convicted of, or adjudicated a delinquent minor for, any of the
12enumerated criminal or drug offenses in subsection (c) of this
13Section or has been convicted, within 7 years of the
14application for employment with the park district, of any other
15felony under the laws of this State or of any offense committed
16or attempted in any other state or against the laws of the
17United States that, if committed or attempted in this State,
18would have been punishable as a felony under the laws of this
19State. Authorization for the investigation shall be furnished
20by the applicant to the park district. Upon receipt of this
21authorization, the park district shall submit the applicant's
22name, sex, race, date of birth, and social security number to
23the 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 applicant being considered for
4employment has been convicted of, or adjudicated a delinquent
5minor for, committing or attempting to commit any of the
6enumerated criminal or drug offenses in subsection (c) of this
7Section or has been convicted of committing or attempting to
8commit, within 7 years of the application for employment with
9the park district, any other felony under the laws of this
10State. The Department of State Police shall charge the park
11district a fee for conducting the investigation, which fee
12shall be deposited in the State Police Services Fund and shall
13not exceed the cost of the inquiry. The applicant shall not be
14charged a fee by the park district for the investigation.
15    (b) If the search of the Illinois criminal history record
16database indicates that the applicant has been convicted of, or
17adjudicated a delinquent minor for, committing or attempting to
18commit any of the enumerated criminal or drug offenses in
19subsection (c) or has been convicted of committing or
20attempting to commit, within 7 years of the application for
21employment with the park district, any other felony under the
22laws of this State, the Department of State Police and the
23Federal Bureau of Investigation shall furnish, pursuant to a
24fingerprint based background check, records of convictions or
25adjudications as a delinquent minor, until expunged, to the
26president of the park district. Any information concerning the

 

 

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1record of convictions or adjudications as a delinquent minor
2obtained by the president shall be confidential and may only be
3transmitted to those persons who are necessary to the decision
4on whether to hire the applicant for employment. A copy of the
5record of convictions or adjudications as a delinquent minor
6obtained from the Department of State Police shall be provided
7to the applicant for employment. Any person who releases any
8confidential information concerning any criminal convictions
9or adjudications as a delinquent minor of an applicant for
10employment shall be guilty of a Class A misdemeanor, unless the
11release of such information is authorized by this Section.
12    (c) No park district shall knowingly employ a person who
13has been convicted, or adjudicated a delinquent minor, for
14committing attempted first degree murder or for committing or
15attempting to commit first degree murder, a Class X felony, or
16any one or more of the following offenses: (i) those defined in
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
1811-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1911-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B,
2011-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14,
2112-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012; (ii) those defined in the Cannabis
23Control Act, except those defined in Sections 4(a), 4(b), and
245(a) of that Act; (iii) those defined in the Illinois
25Controlled Substances Act; (iv) those defined in the
26Methamphetamine Control and Community Protection Act; and (v)

 

 

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1any offense committed or attempted in any other state or
2against the laws of the United States, which, if committed or
3attempted in this State, would have been punishable as one or
4more of the foregoing offenses. Further, no park district shall
5knowingly employ a person who has been found to be the
6perpetrator of sexual or physical abuse of any minor under 18
7years of age pursuant to proceedings under Article II of the
8Juvenile Court Act of 1987. No park district shall knowingly
9employ a person for whom a criminal background investigation
10has not been initiated.
11(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;
1297-1150, eff. 1-25-13.)