Full Text of SB0630 94th General Assembly
SB0630eng 94TH GENERAL ASSEMBLY
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SB0630 Engrossed |
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LRB094 04370 RCE 34399 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by changing Section | 6 |
| 2605-335 as follows:
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| (20 ILCS 2605/2605-335) (was 20 ILCS 2605/55a in part)
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| Sec. 2605-335. Conviction information for private child | 9 |
| services
or charitable organization. | 10 |
| (a) Upon the request of any private organization
that | 11 |
| devotes a major portion of its time to the provision of
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| recreational, social, educational, or child safety services to | 13 |
| children, to
conduct, pursuant to positive identification, | 14 |
| criminal background
investigations of all of that | 15 |
| organization's current employees, current
volunteers, | 16 |
| prospective employees, or prospective volunteers
charged with | 17 |
| the care and custody of children during the provision of the
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| organization's services, and to report to the requesting | 19 |
| organization
any record of convictions maintained in the | 20 |
| Department's files about those
persons. The Department shall | 21 |
| charge an application fee, based on actual
costs, for the | 22 |
| dissemination of conviction information pursuant to this
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| Section. The Department is empowered to establish this fee
and | 24 |
| shall
prescribe the form and manner for requesting and | 25 |
| furnishing conviction
information pursuant to this Section.
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| Information received by the
organization from the | 27 |
| Department concerning an individual shall be provided
to the | 28 |
| individual. Any such information obtained by the
organization
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| shall be confidential and may not be transmitted outside the | 30 |
| organization
and may not be transmitted to anyone within the | 31 |
| organization except as
needed for the purpose of evaluating the | 32 |
| individual.
Only information and standards that bear a |
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LRB094 04370 RCE 34399 b |
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| reasonable and
rational
relation to the performance of child | 2 |
| care shall be used by the organization.
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| (b) Upon the request of any private organization that | 4 |
| collects, solicits, distributes, or otherwise has care or | 5 |
| control over funds to be used for any purpose recognized as | 6 |
| charitable under the General Not For Profit Corporation Act of | 7 |
| 1986 or the United States Internal Revenue Code, pursuant to | 8 |
| positive identification, to conduct criminal background | 9 |
| investigations of all of that organization's current | 10 |
| employees, current volunteers, prospective employees, or | 11 |
| prospective volunteers charged with responsibility for any | 12 |
| aspect of the organization's funding or finances, and to report | 13 |
| to the requesting organization any record of convictions | 14 |
| maintained in the Department's files about those persons. The | 15 |
| Department shall charge an application fee, based on actual | 16 |
| costs, for the dissemination of conviction information | 17 |
| pursuant to this Section. The Department is empowered to | 18 |
| establish this fee and shall prescribe the form and manner for | 19 |
| requesting and furnishing conviction information pursuant to | 20 |
| this Section. | 21 |
| Information received by the organization from the | 22 |
| Department concerning an individual shall be provided to the | 23 |
| individual. Information obtained by the organization is | 24 |
| confidential and may not be transmitted outside of the | 25 |
| organization or to anyone within the organization, except as | 26 |
| needed for the purpose of evaluating the individual. Only | 27 |
| information and standards that bear a reasonable and rational | 28 |
| relation to a felony or to any criminal offense relating to | 29 |
| dishonesty or breach of trust shall be used by the | 30 |
| organization.
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| (c) Any employee of the Department or any member, employee, | 32 |
| or volunteer of
the
organization receiving confidential | 33 |
| information under this Section who
gives or causes to be given | 34 |
| any confidential information concerning any
criminal | 35 |
| convictions of an individual shall be guilty of a Class A
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| misdemeanor unless release of the information is authorized by
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LRB094 04370 RCE 34399 b |
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| this
Section.
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| (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | 3 |
| eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | 4 |
| eff. 8-14-98;
91-239, eff. 1-1-00.)
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