Sen. Jacqueline Y. Collins
Filed: 4/11/2016
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1 | AMENDMENT TO SENATE BILL 3005
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2 | AMENDMENT NO. ______. Amend Senate Bill 3005 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 any of the enumerated criminal or drug offenses in | ||||||
12 | subsection (c) of this Section , or adjudicated a delinquent | ||||||
13 | minor for , any of the enumerated criminal or drug
offenses in | ||||||
14 | subsection (c) of this Section , or has been
convicted, within 2 | ||||||
15 | 7 years of the application for employment with the
park | ||||||
16 | district, of any other felony under the laws of this State or |
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1 | of any
offense committed or attempted in any other state or | ||||||
2 | against the laws of
the United States that, if committed or | ||||||
3 | attempted in this State, would
have been punishable as a felony | ||||||
4 | under the laws of this State. Authorization
for the
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5 | investigation shall be furnished by the applicant to the park | ||||||
6 | district.
Upon receipt of this authorization, the park district | ||||||
7 | shall submit the
applicant's name, sex, race, date of birth, | ||||||
8 | and social security number to
the Department of State Police on | ||||||
9 | forms prescribed by the Department of
State Police. The | ||||||
10 | Department of State Police shall conduct a search of the
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11 | Illinois criminal history records database to ascertain if the | ||||||
12 | applicant being considered for
employment has been convicted of | ||||||
13 | any of the enumerated criminal or drug offenses in subsection | ||||||
14 | (c) of this Section , or adjudicated a delinquent minor for , | ||||||
15 | committing or attempting to commit any of
the enumerated | ||||||
16 | criminal or drug
offenses
in subsection (c) of this Section , or
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17 | has been convicted of committing or attempting to commit, | ||||||
18 | within 2 7 years of
the application for employment with
the
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19 | park district, any other felony under the laws of this State. | ||||||
20 | The
Department
of
State Police shall charge the park district a | ||||||
21 | fee for conducting the
investigation, which fee shall be | ||||||
22 | deposited in the State Police Services
Fund and shall not | ||||||
23 | exceed the cost of the inquiry. The applicant shall
not be | ||||||
24 | charged a fee by the park district for the investigation.
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25 | (b) If the search of the Illinois criminal history record | ||||||
26 | database
indicates that the applicant has been convicted of any |
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1 | of the enumerated criminal or drug offenses in subsection (c) , | ||||||
2 | or adjudicated a delinquent minor for , committing or attempting | ||||||
3 | to
commit any of the enumerated criminal or drug offenses in | ||||||
4 | subsection (c) , or has
been convicted of committing or | ||||||
5 | attempting to commit, within 2 7 years of the
application for | ||||||
6 | employment with the park district, any other felony under the
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7 | laws of this State, the Department of State Police and the | ||||||
8 | Federal Bureau
of
Investigation shall furnish, pursuant to
a | ||||||
9 | fingerprint based background check, records
of convictions of | ||||||
10 | any of the enumerated criminal or drug offenses in subsection | ||||||
11 | (c), or adjudications as a delinquent minor of any of the | ||||||
12 | enumerated criminal offenses in subsection (c) , until expunged | ||||||
13 | or granted a certificate of good conduct under Section 5-5.5-25 | ||||||
14 | of the Unified Code of Corrections , to the
president of the | ||||||
15 | park district. Any information concerning the record of
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16 | convictions or adjudications as a delinquent minor obtained by | ||||||
17 | the president shall be confidential and may only
be transmitted | ||||||
18 | to those persons who are necessary to the decision on whether | ||||||
19 | to
hire the
applicant for employment. A copy of the record of | ||||||
20 | convictions for any of the enumerated criminal or drug offenses | ||||||
21 | in subsection (c), or adjudications as a delinquent minor for | ||||||
22 | any of the enumerated criminal offenses in subsection (c), | ||||||
23 | obtained
from the Department of State Police shall be provided | ||||||
24 | to the applicant for
employment. Any person who releases any | ||||||
25 | confidential information
concerning any criminal convictions | ||||||
26 | or adjudications as a delinquent minor of an applicant for |
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1 | employment shall
be guilty of a Class A misdemeanor, unless the | ||||||
2 | release of such
information is authorized by this Section.
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3 | (c) No park district shall knowingly employ a person who | ||||||
4 | has been
convicted, or adjudicated a delinquent minor, for | ||||||
5 | committing attempted first degree murder or
for committing
or | ||||||
6 | attempting to commit first degree murder, a Class X felony, or | ||||||
7 | any
one or more of the following criminal offenses: (i) those | ||||||
8 | defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
9 | 11-1.60, 11-6,
11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
10 | 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, | ||||||
11 | 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 | ||||||
12 | felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, | ||||||
13 | and 12-16 of
the Criminal Code of 1961 or the Criminal Code of | ||||||
14 | 2012; (ii) (blank); those defined in the Cannabis Control Act,
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15 | except those defined in Sections 4(a), 4(b), and 5(a) of that | ||||||
16 | Act; (iii) (blank); those
defined in the Illinois Controlled | ||||||
17 | Substances Act; (iv) (blank); those defined in the | ||||||
18 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
19 | any offense
committed or attempted in any other state or | ||||||
20 | against the laws of the
United States, which, if committed or | ||||||
21 | attempted in this State, would have
been punishable as one or | ||||||
22 | more of the foregoing offenses. Further, no
park district shall | ||||||
23 | knowingly employ a person who has been found to be
the | ||||||
24 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
25 | years
of age pursuant to proceedings under Article II of the | ||||||
26 | Juvenile Court Act
of 1987. No park district shall knowingly |
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1 | employ a person for whom a
criminal background investigation | ||||||
2 | has not been initiated. | ||||||
3 | No park district shall knowingly employ a person who has | ||||||
4 | been convicted of the following drug offenses until 7 years | ||||||
5 | following the end of the sentence imposed for any of the | ||||||
6 | following offenses: (i) those defined in the Cannabis Control | ||||||
7 | Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), | ||||||
8 | and 5(b) of that Act; (ii) those defined in the Illinois | ||||||
9 | Controlled Substances Act; (iii) those defined in the | ||||||
10 | Methamphetamine Control and Community Protection Act; and (iv) | ||||||
11 | any offense committed or attempted in any other state or | ||||||
12 | against the laws of the United States, which, if committed or | ||||||
13 | attempted in this State, would have been punishable as one or | ||||||
14 | more of the foregoing offenses. For purposes of this paragraph, | ||||||
15 | "sentence" includes any period of supervision or probation that | ||||||
16 | was imposed either alone or in combination with a period of | ||||||
17 | incarceration.
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18 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | ||||||
19 | 97-1150, eff. 1-25-13.)
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20 | Section 10. The Chicago Park District Act is amended by | ||||||
21 | changing Section 16a-5 as follows:
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22 | (70 ILCS 1505/16a-5)
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23 | Sec. 16a-5. Criminal background investigations.
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24 | (a) An applicant for employment with the Chicago Park |
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1 | District is
required as a condition of employment to authorize | ||||||
2 | an investigation to
determine if the applicant has been | ||||||
3 | convicted of any of the enumerated criminal or drug offenses in | ||||||
4 | subsection (c) of this Section , or adjudicated a delinquent | ||||||
5 | minor for , any of the enumerated criminal
or drug
offenses in | ||||||
6 | subsection (c) of this Section ,
or has been convicted, within 2 | ||||||
7 | 7 years of the application for employment with
the Chicago Park | ||||||
8 | District, of any other felony under the laws of this State or
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9 | of any
offense committed or attempted in any other state or | ||||||
10 | against the laws of
the United States that, if committed or | ||||||
11 | attempted in this State, would
have been punishable as a felony | ||||||
12 | under the laws of this State. Authorization
for the | ||||||
13 | investigation shall be furnished by the applicant to the | ||||||
14 | Chicago
Park District. Upon receipt of this authorization, the | ||||||
15 | Chicago Park
District shall submit the applicant's name, sex, | ||||||
16 | race, date of birth, and
social security number to the | ||||||
17 | Department of State Police on forms
prescribed by the | ||||||
18 | Department of State Police. The Department of State
Police | ||||||
19 | shall conduct a search of the Illinois criminal history record
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20 | information database to ascertain if the applicant being
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21 | considered for employment has been convicted of any of the | ||||||
22 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
23 | Section , or adjudicated a delinquent minor for , committing or | ||||||
24 | attempting to
commit any of the enumerated criminal
or drug
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25 | offenses in subsection (c) of this Section , or has been
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26 | convicted , of committing or attempting to commit , within 2 7 |
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1 | years of the
application for employment with the
Chicago Park | ||||||
2 | District, any other felony under the laws of this State. The
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3 | Department of State Police shall charge the Chicago Park | ||||||
4 | District a fee
for conducting the investigation, which fee | ||||||
5 | shall be deposited in the State
Police Services Fund and shall | ||||||
6 | not exceed the cost of the inquiry. The
applicant shall not be | ||||||
7 | charged a fee by the Chicago Park District for the
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8 | investigation.
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9 | (b) If the search of the Illinois criminal history record | ||||||
10 | database
indicates that the applicant has been convicted of any | ||||||
11 | of the enumerated criminal or drug offenses in subsection (c) , | ||||||
12 | or adjudicated a delinquent minor for , committing or attempting | ||||||
13 | to
commit any of the enumerated criminal or drug offenses in | ||||||
14 | subsection (c) , or has
been convicted of committing or | ||||||
15 | attempting to commit, within 2 7 years of the
application for | ||||||
16 | employment with the Chicago Park District, any other felony
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17 | under the laws of this State, the Department of State Police | ||||||
18 | and the
Federal Bureau of
Investigation shall furnish, pursuant | ||||||
19 | to
a fingerprint based background check, records
of convictions | ||||||
20 | of any of the enumerated criminal or drug offenses in | ||||||
21 | subsection (c) or adjudications as a delinquent minor of any of | ||||||
22 | the enumerated criminal offenses in subsection (c) , until | ||||||
23 | expunged or granted a certificate of good conduct under Section | ||||||
24 | 5-5.5-25 of the Unified Code of Corrections , to the
General | ||||||
25 | Superintendent and Chief Executive Officer of the Chicago Park
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26 | District. Any information concerning the
record of convictions |
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1 | or adjudications as a delinquent minor obtained by the General | ||||||
2 | Superintendent and Chief
Executive Officer shall be | ||||||
3 | confidential and
may only be transmitted to those persons who | ||||||
4 | are necessary to the decision on
whether to hire the applicant | ||||||
5 | for employment. A copy of the record of
convictions for any of | ||||||
6 | the enumerated criminal or drug offenses in subsection (c), or | ||||||
7 | adjudications as a delinquent minor for any of the enumerated | ||||||
8 | criminal offenses in subsection (c),
obtained from the | ||||||
9 | Department of State Police shall be provided to the
applicant | ||||||
10 | for employment. Any person who releases any confidential
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11 | information concerning any criminal convictions or | ||||||
12 | adjudications as a delinquent minor of an applicant for
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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) The Chicago Park District may not knowingly employ a | ||||||
16 | person
who has been convicted, or adjudicated a delinquent | ||||||
17 | minor, for committing attempted first degree murder
or for | ||||||
18 | committing or attempting to commit first degree murder, a Class | ||||||
19 | X felony,
or
any one or more of the following criminal | ||||||
20 | offenses: (i) those defined in
Sections 11-1.20, 11-1.30, | ||||||
21 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3, | ||||||
22 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, | ||||||
23 | 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if | ||||||
24 | convicted of a Class 4 felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, | ||||||
25 | 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 | ||||||
26 | or the Criminal Code of 2012; (ii) (blank); those defined in |
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1 | the
Cannabis Control Act, except those defined in Sections | ||||||
2 | 4(a), 4(b), and
5(a) of that Act; (iii) (blank); those defined | ||||||
3 | in the Illinois Controlled Substances
Act; (iv) (blank); those | ||||||
4 | defined in the Methamphetamine Control and Community | ||||||
5 | Protection Act; and (v) any offense committed or attempted in | ||||||
6 | any
other state or
against the laws of the United States, | ||||||
7 | which, if committed or attempted in
this State, would have been | ||||||
8 | punishable as one or more of the foregoing
offenses. Further, | ||||||
9 | the Chicago Park District may not knowingly employ a
person who | ||||||
10 | has been found to be the perpetrator of sexual or physical
| ||||||
11 | abuse of any minor under 18 years of age pursuant to | ||||||
12 | proceedings under
Article II of the Juvenile Court Act of 1987. | ||||||
13 | The Chicago Park District
may not knowingly employ a person for | ||||||
14 | whom a criminal background
investigation has not been | ||||||
15 | initiated.
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16 | The Chicago Park District shall not knowingly employ a | ||||||
17 | person who has been convicted of the following drug offenses | ||||||
18 | until 7 years following the end of the sentence imposed for any | ||||||
19 | of the following offenses: (i) those defined in the Cannabis | ||||||
20 | Control Act, except those defined in Sections 4(a), 4(b), 4(c), | ||||||
21 | 5(a), and 5(b) of that Act; (ii) those defined in the Illinois | ||||||
22 | Controlled Substances Act; (iii) those defined in the | ||||||
23 | Methamphetamine Control and Community Protection Act; and (iv) | ||||||
24 | any offense committed or attempted in any other state or | ||||||
25 | against the laws of the United States, which, if committed or | ||||||
26 | attempted in this State, would have been punishable as one or |
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1 | more of the foregoing offenses. For purposes of this paragraph, | ||||||
2 | "sentence" includes any period of supervision or probation that | ||||||
3 | was imposed either alone or in combination with a period of | ||||||
4 | incarceration. | ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | ||||||
6 | 97-1150, eff. 1-25-13.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
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