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.


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A BILL FOR

 

HB5448LRB098 16792 OMW 54724 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Children and Family Services
5Powers Law of the Civil Administrative Code of Illinois is
6amended by adding Section 510-300 as follows:
 
7    (20 ILCS 510/510-300 new)
8    Sec. 510-300. Limitation on employment; gang membership.
9    (a) Notwithstanding any other provision of law, on and
10after the effective date of this amendatory Act of the 98th
11General Assembly, no person who is a gang member or a former
12gang member shall be eligible for hire or appointment by the
13Department for a period of 10 years after the most recent
14showing of former or current gang membership under subsection
15(b) of this Section.
16    (b) Former or current gang membership may be determined by
17the Department based on the following:
18        (1) a conviction for a gang-related offense;
19        (2) an admission by the applicant during a court
20    proceeding, deposition, or job application that the
21    applicant is a gang member or a former gang member; or
22        (3) a finding of fact that a person is a gang member or
23    a former gang member in a court opinion or an order of the

 

 

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1    court.
2    (c) As used in this Section:
3    "Gang member" has the meaning ascribed to it in the
4Illinois Streetgang Terrorism Omnibus Prevention Act.
5    "Gang-related offense" has the meaning provided for
6"gang-related" in the Illinois Streetgang Terrorism Omnibus
7Prevention Act and does not include violations under Sections
812-6.2, 12-6.4, 12-6.5, 24-1.8, 25-5, and 48-1(i)(1.5)(iii) of
9the Criminal Code of 2012; Article 33G of the Criminal Code of
102012; or Section 405.2 of the Illinois Controlled Substances
11Act.
 
12    Section 10. The Department of State Police Law of the Civil
13Administrative Code of Illinois is amended by adding Section
142605-605 as follows:
 
15    (20 ILCS 2605/2605-605 new)
16    Sec. 2605-605. Limitation on employment; gang membership.
17    (a) Notwithstanding any other provision of law, on and
18after the effective date of this amendatory Act of the 98th
19General Assembly, no person who is a gang member or a former
20gang member shall be eligible for hire or appointment by the
21Department for a period of 10 years after the most recent
22showing of former or current gang membership under subsection
23(b) of this Section.
24    (b) Former or current gang membership may be determined by

 

 

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1the Department based on the following:
2        (1) a conviction for a gang-related offense;
3        (2) an admission by the applicant during a court
4    proceeding, deposition, or job application that the
5    applicant is a gang member or a former gang member; or
6        (3) a finding of fact that a person is a gang member or
7    a former gang member in a court opinion or an order of the
8    court.
9    (c) As used in this Section:
10    "Gang member" has the meaning ascribed to it in the
11Illinois Streetgang Terrorism Omnibus Prevention Act.
12    "Gang-related offense" has the meaning provided for
13"gang-related" in the Illinois Streetgang Terrorism Omnibus
14Prevention Act and does not include violations under Sections
1512-6.2, 12-6.4, 12-6.5, 24-1.8, 25-5, and 48-1(i)(1.5)(iii) of
16the Criminal Code of 2012; Article 33G of the Criminal Code of
172012; or Section 405.2 of the Illinois Controlled Substances
18Act.
 
19    Section 15. The Unified Code of Corrections is amended by
20adding Sections 3-2-2.3 and 3-2.5-55 as follows:
 
21    (730 ILCS 5/3-2-2.3 new)
22    Sec. 3-2-2.3. Limitation on employment; gang membership.
23    (a) Notwithstanding any other provision of law, on and
24after the effective date of this amendatory Act of the 98th

 

 

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1General Assembly, no person who is a gang member or a former
2gang member shall be eligible for hire or appointment by the
3Department for a period of 10 years after the most recent
4showing of former or current gang membership under subsection
5(b) of this Section.
6        (b) Former or current gang membership may be determined
7by the Department based on the following:
8        (1) a conviction for a gang-related offense;
9        (2) an admission by the applicant during a court
10    proceeding, deposition, or job application that the
11    applicant is a gang member or a former gang member; or
12        (3) a finding of fact that a person is a gang member or
13    a former gang member in a court opinion or an order of the
14    court.
15    (c) As used in this Section:
16    "Gang member" has the meaning ascribed to it in the
17Illinois Streetgang Terrorism Omnibus Prevention Act.
18    "Gang-related offense" has the meaning provided for
19"gang-related" in the Illinois Streetgang Terrorism Omnibus
20Prevention Act and does not include violations under Sections
2112-6.2, 12-6.4, 12-6.5, 24-1.8, 25-5, and 48-1(i)(1.5)(iii) of
22the Criminal Code of 2012; Article 33G of the Criminal Code of
232012; or Section 405.2 of the Illinois Controlled Substances
24Act.
 
25    (730 ILCS 5/3-2.5-55 new)

 

 

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1    Sec. 3-2.5-55. Limitation on employment; gang membership.
2    (a) Notwithstanding any other provision of law, on and
3after the effective date of this amendatory Act of the 98th
4General Assembly, no person who is a gang member or a former
5gang member shall be eligible for hire or appointment by the
6Department for a period of 10 years after the most recent
7showing of former or current gang membership under subsection
8(b) of this Section.
9    (b) Former or current gang membership may be determined by
10the Department based on the following:
11        (1) a conviction for a gang-related offense;
12        (2) an admission by the applicant during a court
13    proceeding, deposition, or job application that the
14    applicant is a gang member or a former gang member; or
15        (3) a finding of fact that a person is a gang member or
16    a former gang member in a court opinion or an order of the
17    court.
18    (c) As used in this Section:
19    "Gang member" has the meaning ascribed to it in the
20Illinois Streetgang Terrorism Omnibus Prevention Act.
21    "Gang-related offense" has the meaning provided for
22"gang-related" in Section 10 of the Illinois Streetgang
23Terrorism Omnibus Prevention Act and does not include
24violations under Sections 12-6.2, 12-6.4, 12-6.5, 24-1.8,
2525-5, and 48-1(i)(1.5)(iii) of the Criminal Code of 2012;
26Article 33G of the Criminal Code of 2012; or Section 405.2 of

 

 

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1the Illinois Controlled Substances Act.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.