Full Text of HB5934 96th General Assembly
HB5934 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5934
Introduced 2/10/2010, by Rep. Robert Rita SYNOPSIS AS INTRODUCED:
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70 ILCS 1205/8-23 |
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70 ILCS 1505/16a-5 |
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Amends the Park District Code and the Chicago Park District Act. Provides that no park district may
discharge any employee of a park district or deny any
applicant employment at a park district on the basis
of a
prior conviction for a cannabis offense if certain requirements are met. Effective immediately.
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A BILL FOR
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HB5934 |
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LRB096 16082 RLJ 31331 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Park District Code is amended by changing | | 5 |
| Section 8-23 as follows:
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| (70 ILCS 1205/8-23)
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| Sec. 8-23. Criminal background investigations.
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| (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 has been
convicted, within 7 | | 13 |
| years of the application for employment with the
park district, | | 14 |
| of any other felony under the laws of this State or of any
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| offense committed or attempted in any other state or against | | 16 |
| the laws of
the United States that, if committed or attempted | | 17 |
| in this State, would
have been punishable as a felony under the | | 18 |
| laws of this State. Authorization
for the
investigation shall | | 19 |
| be furnished by the applicant to the park district.
Upon | | 20 |
| receipt of this authorization, the park district shall submit | | 21 |
| the
applicant's name, sex, race, date of birth, and social | | 22 |
| security number to
the Department of State Police on forms | | 23 |
| prescribed by the Department of
State Police. The Department of |
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HB5934 |
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LRB096 16082 RLJ 31331 b |
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| State Police shall conduct a search of the
Illinois criminal | | 2 |
| history records database to ascertain if the applicant being | | 3 |
| considered for
employment has been convicted of committing or | | 4 |
| attempting to commit any of
the enumerated criminal or drug
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| offenses
in subsection (c) of this Section or
has been | | 6 |
| convicted of committing or attempting to commit, within 7 years | | 7 |
| of
the application for employment with
the
park district, any | | 8 |
| other felony under the laws of this State. The
Department
of
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| State Police shall charge the park district a fee for | | 10 |
| conducting the
investigation, which fee shall be deposited in | | 11 |
| the State Police Services
Fund and shall not exceed the cost of | | 12 |
| the inquiry. The applicant shall
not be charged a fee by the | | 13 |
| park district for the investigation.
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| (b) If the search of the Illinois criminal history record | | 15 |
| database
indicates that the applicant has been convicted of | | 16 |
| committing or attempting to
commit any of the enumerated | | 17 |
| criminal or drug offenses in subsection (c) or has
been | | 18 |
| convicted of committing or attempting to commit, within 7 years | | 19 |
| of the
application for employment with the park district, any | | 20 |
| other felony under the
laws of this State, the Department of | | 21 |
| State Police and the Federal Bureau
of
Investigation shall | | 22 |
| furnish, pursuant to
a fingerprint based background check, | | 23 |
| records
of convictions, until expunged, to the
president of the | | 24 |
| park district. Any information concerning the record of
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| convictions obtained by the president shall be confidential and | | 26 |
| may only
be transmitted to those persons who are necessary to |
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HB5934 |
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LRB096 16082 RLJ 31331 b |
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| the decision on whether to
hire the
applicant for employment. A | | 2 |
| copy of the record of convictions obtained
from the Department | | 3 |
| of State Police shall be provided to the applicant for
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| employment. Any person who releases any confidential | | 5 |
| information
concerning any criminal convictions of an | | 6 |
| applicant for employment shall
be guilty of a Class A | | 7 |
| misdemeanor, unless the release of such
information is | | 8 |
| authorized by this Section.
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| (c) No park district shall knowingly employ a person who | | 10 |
| has been
convicted for committing attempted first degree murder | | 11 |
| or
for committing
or attempting to commit first degree murder, | | 12 |
| a Class X felony, or any
one or more of the following offenses: | | 13 |
| (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, | | 14 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, | | 15 |
| 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the | | 16 |
| Criminal Code of 1961; (ii) those defined in the Cannabis | | 17 |
| Control Act,
except those defined in Sections 4(a), 4(b), and | | 18 |
| 5(a) of that Act; (iii) those
defined in the Illinois | | 19 |
| Controlled Substances Act; (iv) those defined in the | | 20 |
| Methamphetamine Control and Community Protection Act; and (v) | | 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. Further, no
park district shall | | 25 |
| knowingly employ a person who has been found to be
the | | 26 |
| perpetrator of sexual or physical abuse of any minor under 18 |
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HB5934 |
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LRB096 16082 RLJ 31331 b |
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| years
of age pursuant to proceedings under Article II of the | | 2 |
| Juvenile Court Act
of 1987. No park district shall knowingly | | 3 |
| employ a person for whom a
criminal background investigation | | 4 |
| has not been initiated.
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| (d) Notwithstanding subsection (c), no park district may | | 6 |
| discharge any
employee of a park district or deny any applicant
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| employment
at a park district on the basis of a prior
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| conviction for a
drug offense if all of the following | | 9 |
| requirements are met: | | 10 |
| (1) the applicant was not sentenced to a period of | | 11 |
| incarceration as a result of his or her drug conviction; | | 12 |
| (2) the applicant was convicted of violating the | | 13 |
| Cannabis Control Act; and | | 14 |
| (3) the applicant meets all other requirements and | | 15 |
| qualifications to be employed by the park district under | | 16 |
| this Act and under the park
district's administrative | | 17 |
| rules. | | 18 |
| (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
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| Section 10. The Chicago Park District Act is amended by | | 20 |
| changing Section 16a-5 as follows:
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| (70 ILCS 1505/16a-5)
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| Sec. 16a-5. Criminal background investigations.
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| (a) An applicant for employment with the Chicago Park | | 24 |
| District is
required as a condition of employment to authorize |
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HB5934 |
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LRB096 16082 RLJ 31331 b |
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| an investigation to
determine if the applicant has been | | 2 |
| convicted of any of the enumerated criminal
or drug
offenses in | | 3 |
| subsection (c) of this Section
or has been convicted, within 7 | | 4 |
| years of the application for employment with
the Chicago Park | | 5 |
| District, of any other felony under the laws of this State or
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| of any
offense committed or attempted in any other state or | | 7 |
| against the laws of
the United States that, if committed or | | 8 |
| attempted in this State, would
have been punishable as a felony | | 9 |
| under the laws of this State. Authorization
for the | | 10 |
| investigation shall be furnished by the applicant to the | | 11 |
| Chicago
Park District. Upon receipt of this authorization, the | | 12 |
| Chicago Park
District shall submit the applicant's name, sex, | | 13 |
| race, date of birth, and
social security number to the | | 14 |
| Department of State Police on forms
prescribed by the | | 15 |
| Department of State Police. The Department of State
Police | | 16 |
| shall conduct a search of the Illinois criminal history record
| | 17 |
| information database to ascertain if the applicant being
| | 18 |
| considered for employment has been convicted of committing or | | 19 |
| attempting to
commit any of the enumerated criminal
or drug
| | 20 |
| offenses in subsection (c) of this Section or has been
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| convicted, of committing or attempting to commit within 7 years | | 22 |
| of the
application for employment with the
Chicago Park | | 23 |
| District, any other felony under the laws of this State. The
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| Department of State Police shall charge the Chicago Park | | 25 |
| District a fee
for conducting the investigation, which fee | | 26 |
| shall be deposited in the State
Police Services Fund and shall |
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HB5934 |
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LRB096 16082 RLJ 31331 b |
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| not exceed the cost of the inquiry. The
applicant shall not be | | 2 |
| charged a fee by the Chicago Park District for the
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| investigation.
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| (b) If the search of the Illinois criminal history record | | 5 |
| database
indicates that the applicant has been convicted of | | 6 |
| committing or attempting to
commit any of the enumerated | | 7 |
| criminal or drug offenses in subsection (c) or has
been | | 8 |
| convicted of committing or attempting to commit, within 7 years | | 9 |
| of the
application for employment with the Chicago Park | | 10 |
| District, any other felony
under the laws of this State, the | | 11 |
| Department of State Police and the
Federal Bureau of
| | 12 |
| Investigation shall furnish, pursuant to
a fingerprint based | | 13 |
| background check, records
of convictions, until expunged, to | | 14 |
| the
General Superintendent and Chief Executive Officer of the | | 15 |
| Chicago Park
District. Any information concerning the
record of | | 16 |
| convictions obtained by the General Superintendent and Chief
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| Executive Officer shall be confidential and
may only be | | 18 |
| transmitted to those persons who are necessary to the decision | | 19 |
| on
whether to hire the applicant for employment. A copy of the | | 20 |
| record of
convictions
obtained from the Department of State | | 21 |
| Police shall be provided to the
applicant for employment. Any | | 22 |
| person who releases any confidential
information concerning | | 23 |
| any criminal convictions of an applicant for
employment shall | | 24 |
| be guilty of a Class A misdemeanor, unless the release
of such | | 25 |
| information is authorized by this Section.
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| (c) The Chicago Park District may not knowingly employ a |
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HB5934 |
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LRB096 16082 RLJ 31331 b |
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| person
who has been convicted for committing attempted first | | 2 |
| degree murder
or
for committing or attempting to commit first | | 3 |
| degree murder, a Class X felony,
or
any one or more of the | | 4 |
| following offenses: (i) those defined in
Sections 11-6, 11-9, | | 5 |
| 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, | | 6 |
| 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15,
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| and 12-16 of the Criminal Code of 1961; (ii) those defined in | | 8 |
| the
Cannabis Control Act, except those defined in Sections | | 9 |
| 4(a), 4(b), and
5(a) of that Act; (iii) those defined in the | | 10 |
| Illinois Controlled Substances
Act; (iv) those defined in the | | 11 |
| Methamphetamine Control and Community Protection Act; and (v) | | 12 |
| any offense committed or attempted in any
other state or
| | 13 |
| against the laws of the United States, which, if committed or | | 14 |
| attempted in
this State, would have been punishable as one or | | 15 |
| more of the foregoing
offenses. Further, the Chicago Park | | 16 |
| District may not knowingly employ a
person who has been found | | 17 |
| to be the perpetrator of sexual or physical
abuse of any minor | | 18 |
| under 18 years of age pursuant to proceedings under
Article II | | 19 |
| of the Juvenile Court Act of 1987. The Chicago Park District
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| may not knowingly employ a person for whom a criminal | | 21 |
| background
investigation has not been initiated.
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| (d) Notwithstanding subsection (c), the Chicago Park | | 23 |
| District may not discharge any
employee of the park district or | | 24 |
| deny any applicant
employment
at the park district on the basis | | 25 |
| of a prior
conviction for a
drug offense if all of the | | 26 |
| following requirements are met: |
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HB5934 |
- 8 - |
LRB096 16082 RLJ 31331 b |
|
| | 1 |
| (1) the applicant was not sentenced to a period of | | 2 |
| incarceration as a result of his or her drug conviction; | | 3 |
| (2) the applicant was convicted of violating the | | 4 |
| Cannabis Control Act; and | | 5 |
| (3) the applicant meets all other requirements and | | 6 |
| qualifications to be employed by the park district under | | 7 |
| this Act and under the park
district's administrative | | 8 |
| rules. | | 9 |
| (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
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| Section 99. Effective date. This Act takes effect upon | | 11 |
| becoming law.
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