Full Text of HB5934 96th General Assembly
HB5934ham001 96TH GENERAL ASSEMBLY
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Counties & Townships Committee
Filed: 3/11/2010
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09600HB5934ham001 |
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LRB096 16082 RLJ 38224 a |
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| AMENDMENT TO HOUSE BILL 5934
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| AMENDMENT NO. ______. Amend House Bill 5934 by replacing | 3 |
| everything after the enacting clause with the following:
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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 |
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LRB096 16082 RLJ 38224 a |
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| in this State, would
have been punishable as a felony under the | 2 |
| laws of this State. Authorization
for the
investigation shall | 3 |
| be furnished by the applicant to the park district.
Upon | 4 |
| receipt of this authorization, the park district shall submit | 5 |
| the
applicant's name, sex, race, date of birth, and social | 6 |
| security number to
the Department of State Police on forms | 7 |
| prescribed by the Department of
State Police. The Department of | 8 |
| State Police shall conduct a search of the
Illinois criminal | 9 |
| history records database to ascertain if the applicant being | 10 |
| considered for
employment has been convicted of committing or | 11 |
| attempting to commit any of
the enumerated criminal or drug
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| offenses
in subsection (c) of this Section or
has been | 13 |
| convicted of committing or attempting to commit, within 7 years | 14 |
| of
the application for employment with
the
park district, any | 15 |
| 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 | 17 |
| conducting the
investigation, which fee shall be deposited in | 18 |
| the State Police Services
Fund and shall not exceed the cost of | 19 |
| the inquiry. The applicant shall
not be charged a fee by the | 20 |
| park district for the investigation.
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| (b) If the search of the Illinois criminal history record | 22 |
| database
indicates that the applicant has been convicted of | 23 |
| committing or attempting to
commit any of the enumerated | 24 |
| criminal or drug offenses in subsection (c) or has
been | 25 |
| convicted of committing or attempting to commit, within 7 years | 26 |
| of the
application for employment with the park district, any |
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LRB096 16082 RLJ 38224 a |
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| other felony under the
laws of this State, the Department of | 2 |
| State Police and the Federal Bureau
of
Investigation shall | 3 |
| furnish, pursuant to
a fingerprint based background check, | 4 |
| records
of convictions, until expunged, to the
president of the | 5 |
| park district. Any information concerning the record of
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| convictions obtained by the president shall be confidential and | 7 |
| may only
be transmitted to those persons who are necessary to | 8 |
| the decision on whether to
hire the
applicant for employment. A | 9 |
| copy of the record of convictions obtained
from the Department | 10 |
| of State Police shall be provided to the applicant for
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| employment. Any person who releases any confidential | 12 |
| information
concerning any criminal convictions of an | 13 |
| applicant for employment shall
be guilty of a Class A | 14 |
| misdemeanor, unless the release of such
information is | 15 |
| authorized by this Section.
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| (c) No park district shall knowingly employ a person who | 17 |
| has been
convicted for committing attempted first degree murder | 18 |
| or
for committing
or attempting to commit first degree murder, | 19 |
| a Class X felony, or any
one or more of the following offenses: | 20 |
| (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, | 21 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, | 22 |
| 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the | 23 |
| Criminal Code of 1961; (ii) those defined in the Cannabis | 24 |
| Control Act,
except those defined in Sections 4(a), 4(b), and | 25 |
| 5(a) of that Act; (iii) those
defined in the Illinois | 26 |
| Controlled Substances Act; (iv) those defined in the |
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LRB096 16082 RLJ 38224 a |
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| Methamphetamine Control and Community Protection Act; and (v) | 2 |
| any offense
committed or attempted in any other state or | 3 |
| against the laws of the
United States, which, if committed or | 4 |
| attempted in this State, would have
been punishable as one or | 5 |
| more of the foregoing offenses. Further, no
park district shall | 6 |
| knowingly employ a person who has been found to be
the | 7 |
| perpetrator of sexual or physical abuse of any minor under 18 | 8 |
| years
of age pursuant to proceedings under Article II of the | 9 |
| Juvenile Court Act
of 1987. No park district shall knowingly | 10 |
| employ a person for whom a
criminal background investigation | 11 |
| has not been initiated.
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| (d) Notwithstanding subsection (c), no park district may | 13 |
| discharge any
employee of a park district on the basis of a | 14 |
| prior
conviction for a
drug offense under the Cannabis Control | 15 |
| Act if all of the following requirements are met: | 16 |
| (1) the employee was not sentenced to a period of | 17 |
| incarceration as a result of his or her drug conviction; | 18 |
| and | 19 |
| (2) the employee was convicted of violating the | 20 |
| Cannabis Control Act more than 20 years prior to his or her | 21 |
| employment with the park district. | 22 |
| (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 | 24 |
| becoming law.".
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