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