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