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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Park District Code is amended by changing | |||||||||||||||||||||
5 | Section 8-23 as follows:
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6 | (70 ILCS 1205/8-23)
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7 | Sec. 8-23. Criminal background investigations.
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8 | (a) An applicant for employment with a park district is | |||||||||||||||||||||
9 | required as
a condition of employment to authorize an | |||||||||||||||||||||
10 | investigation to determine if
the applicant has been convicted | |||||||||||||||||||||
11 | of , or adjudicated a delinquent minor for, any of the | |||||||||||||||||||||
12 | enumerated criminal or drug
offenses in subsection (c) of this | |||||||||||||||||||||
13 | Section within 5 years of the application for employment or has | |||||||||||||||||||||
14 | been
convicted, within 2 7 years of the application for | |||||||||||||||||||||
15 | employment with the
park district, of any other felony under | |||||||||||||||||||||
16 | the laws of this State or of any
offense committed or attempted | |||||||||||||||||||||
17 | in any other state or against the laws of
the United States | |||||||||||||||||||||
18 | that, if committed or attempted in this State, would
have been | |||||||||||||||||||||
19 | punishable as a felony under the laws of this State. | |||||||||||||||||||||
20 | Authorization
for the
investigation shall be furnished by the | |||||||||||||||||||||
21 | applicant to the park district.
Upon receipt of this | |||||||||||||||||||||
22 | authorization, the park district shall submit the
applicant's | |||||||||||||||||||||
23 | name, sex, race, date of birth, and social security number to
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1 | the Department of State Police on forms prescribed by the | ||||||
2 | Department of
State Police. The Department of State Police | ||||||
3 | shall conduct a search of the
Illinois criminal history records | ||||||
4 | database to ascertain if the applicant being considered for
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5 | employment has been convicted of , or adjudicated a delinquent | ||||||
6 | minor for, committing or attempting to commit any of
the | ||||||
7 | enumerated criminal or drug
offenses
in subsection (c) of this | ||||||
8 | Section within 5 years of the application for employment or
has | ||||||
9 | been convicted of committing or attempting to commit, within 2 | ||||||
10 | 7 years of
the application for employment with
the
park | ||||||
11 | district, any other felony under the laws of this State. The
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12 | Department
of
State Police shall charge the park district a fee | ||||||
13 | for conducting the
investigation, which fee shall be deposited | ||||||
14 | in the State Police Services
Fund and shall not exceed the cost | ||||||
15 | of the inquiry. The applicant shall
not be charged a fee by the | ||||||
16 | park district for the investigation.
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17 | (b) If the search of the Illinois criminal history record | ||||||
18 | database
indicates that the applicant has been convicted of , or | ||||||
19 | adjudicated a delinquent minor for, committing or attempting to
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20 | commit any of the enumerated criminal or drug offenses in | ||||||
21 | subsection (c) within 5 years of the application for employment | ||||||
22 | or has
been convicted of committing or attempting to commit, | ||||||
23 | within 2 7 years of the
application for employment with the | ||||||
24 | park district, any other felony under the
laws of this State, | ||||||
25 | the Department of State Police and the Federal Bureau
of
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26 | Investigation shall furnish, pursuant to
a fingerprint based |
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1 | background check, records
of convictions or adjudications as a | ||||||
2 | delinquent minor, until expunged, to the
president of the park | ||||||
3 | district. Any information concerning the record of
convictions | ||||||
4 | or adjudications as a delinquent minor obtained by the | ||||||
5 | president shall be confidential and may only
be transmitted to | ||||||
6 | those persons who are necessary to the decision on whether to
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7 | hire the
applicant for employment. A copy of the record of | ||||||
8 | convictions or adjudications as a delinquent minor obtained
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9 | from the Department of State Police shall be provided to the | ||||||
10 | applicant for
employment. Any person who releases any | ||||||
11 | confidential information
concerning any criminal convictions | ||||||
12 | or adjudications as a delinquent minor of an applicant for | ||||||
13 | employment shall
be guilty of a Class A misdemeanor, unless the | ||||||
14 | release of such
information is authorized by this Section.
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15 | (c) No park district shall knowingly employ a person who | ||||||
16 | has been
convicted within 5 years of the application for | ||||||
17 | employment of , or adjudicated a delinquent minor, for | ||||||
18 | committing attempted first degree murder or
for committing
or | ||||||
19 | attempting to commit first degree murder, a Class X felony, or | ||||||
20 | any
one or more of the following offenses: (i) those defined in | ||||||
21 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
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22 | 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
23 | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, | ||||||
24 | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | ||||||
25 | 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012; (ii) (blank); those defined in the |
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1 | Cannabis Control Act,
except those defined in Sections 4(a), | ||||||
2 | 4(b), and 5(a) of that Act; (iii) those
defined in the Illinois | ||||||
3 | Controlled Substances Act; (iv) those defined in the | ||||||
4 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
5 | any offense
committed or attempted in any other state or | ||||||
6 | against the laws of the
United States, which, if committed or | ||||||
7 | attempted in this State, would have
been punishable as one or | ||||||
8 | more of the foregoing offenses. Further, no
park district shall | ||||||
9 | knowingly employ a person who has been found to be
the | ||||||
10 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
11 | years
of age pursuant to proceedings under Article II of the | ||||||
12 | Juvenile Court Act
of 1987. No park district shall knowingly | ||||||
13 | employ a person for whom a
criminal background investigation | ||||||
14 | has not been initiated.
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15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | ||||||
16 | 97-1150, eff. 1-25-13.)
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17 | Section 10. The Chicago Park District Act is amended by | ||||||
18 | changing Section 16a-5 as follows:
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19 | (70 ILCS 1505/16a-5)
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20 | Sec. 16a-5. Criminal background investigations.
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21 | (a) An applicant for employment with the Chicago Park | ||||||
22 | District is
required as a condition of employment to authorize | ||||||
23 | an investigation to
determine if the applicant has been | ||||||
24 | convicted of , or adjudicated a delinquent minor for, any of the |
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| |||||||
1 | enumerated criminal
or drug
offenses in subsection (c) of this | ||||||
2 | Section within 5 years of the application for employment of
or | ||||||
3 | has been convicted, within 2 7 years of the application for | ||||||
4 | employment with
the Chicago Park District, of any other felony | ||||||
5 | under the laws of this State or
of any
offense committed or | ||||||
6 | attempted in any other state or against the laws of
the United | ||||||
7 | States that, if committed or attempted in this State, would
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8 | have been punishable as a felony under the laws of this State. | ||||||
9 | Authorization
for the investigation shall be furnished by the | ||||||
10 | applicant to the Chicago
Park District. Upon receipt of this | ||||||
11 | authorization, the Chicago Park
District shall submit the | ||||||
12 | applicant's name, sex, race, date of birth, and
social security | ||||||
13 | number to the Department of State Police on forms
prescribed by | ||||||
14 | the Department of State Police. The Department of State
Police | ||||||
15 | shall conduct a search of the Illinois criminal history record
| ||||||
16 | information database to ascertain if the applicant being
| ||||||
17 | considered for employment has been convicted of , or adjudicated | ||||||
18 | a delinquent minor for, committing or attempting to
commit any | ||||||
19 | of the enumerated criminal
or drug
offenses in subsection (c) | ||||||
20 | of this Section within 5 years of the application for | ||||||
21 | employment of or has been
convicted, of committing or | ||||||
22 | attempting to commit within 2 7 years of the
application for | ||||||
23 | employment with the
Chicago Park District, any other felony | ||||||
24 | under the laws of this State. The
Department of State Police | ||||||
25 | shall charge the Chicago Park District a fee
for conducting the | ||||||
26 | investigation, which fee shall be deposited in the State
Police |
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1 | Services Fund and shall not exceed the cost of the inquiry. The
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2 | applicant shall not be charged a fee by the Chicago Park | ||||||
3 | District for the
investigation.
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4 | (b) If the search of the Illinois criminal history record | ||||||
5 | database
indicates that the applicant has been convicted of , or | ||||||
6 | adjudicated a delinquent minor for, committing or attempting to
| ||||||
7 | commit any of the enumerated criminal or drug offenses in | ||||||
8 | subsection (c) within 5 years of the application for employment | ||||||
9 | of or has
been convicted of committing or attempting to commit, | ||||||
10 | within 2 7 years of the
application for employment with the | ||||||
11 | Chicago Park District, any other felony
under the laws of this | ||||||
12 | State, the Department of State Police and the
Federal Bureau of
| ||||||
13 | Investigation shall furnish, pursuant to
a fingerprint based | ||||||
14 | background check, records
of convictions or adjudications as a | ||||||
15 | delinquent minor, until expunged, to the
General | ||||||
16 | Superintendent and Chief Executive Officer of the Chicago Park
| ||||||
17 | District. Any information concerning the
record of convictions | ||||||
18 | or adjudications as a delinquent minor obtained by the General | ||||||
19 | Superintendent and Chief
Executive Officer shall be | ||||||
20 | confidential and
may only be transmitted to those persons who | ||||||
21 | are necessary to the decision on
whether to hire the applicant | ||||||
22 | for employment. A copy of the record of
convictions or | ||||||
23 | adjudications as a delinquent minor
obtained from the | ||||||
24 | Department of State Police shall be provided to the
applicant | ||||||
25 | for employment. Any person who releases any confidential
| ||||||
26 | information concerning any criminal convictions or |
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| |||||||
1 | adjudications as a delinquent minor of an applicant for
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2 | employment shall be guilty of a Class A misdemeanor, unless the | ||||||
3 | release
of such information is authorized by this Section.
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4 | (c) The Chicago Park District may not knowingly employ a | ||||||
5 | person
who has been convicted within 5 years of the application | ||||||
6 | for employment of , or adjudicated a delinquent minor, for | ||||||
7 | committing attempted first degree murder
or for committing or | ||||||
8 | attempting to commit first degree murder, a Class X felony,
or
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9 | any one or more of the following offenses: (i) those defined in
| ||||||
10 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | ||||||
11 | 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
12 | 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, | ||||||
13 | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | ||||||
14 | 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012; (ii) (blank); those defined in the
| ||||||
16 | Cannabis Control Act, except those defined in Sections 4(a), | ||||||
17 | 4(b), and
5(a) of that Act; (iii) those defined in the Illinois | ||||||
18 | Controlled Substances
Act; (iv) those defined in the | ||||||
19 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
20 | any offense committed or attempted in any
other state or
| ||||||
21 | against the laws of the United States, which, if committed or | ||||||
22 | attempted in
this State, would have been punishable as one or | ||||||
23 | more of the foregoing
offenses. Further, the Chicago Park | ||||||
24 | District may not knowingly employ a
person who has been found | ||||||
25 | to be the perpetrator of sexual or physical
abuse of any minor | ||||||
26 | under 18 years of age pursuant to proceedings under
Article II |
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1 | of the Juvenile Court Act of 1987. The Chicago Park District
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2 | may not knowingly employ a person for whom a criminal | ||||||
3 | background
investigation has not been initiated.
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4 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | ||||||
5 | 97-1150, eff. 1-25-13.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|