Full Text of SB1677 96th General Assembly
SB1677ham001 96TH GENERAL ASSEMBLY
|
Judiciary II - Criminal Law Committee
Filed: 4/30/2009
|
|
09600SB1677ham001 |
|
LRB096 10732 KTG 25754 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1677
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1677 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 2. The Department of Public Health Powers and | 5 |
| Duties Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by adding Section 2310-186 as follows: | 7 |
| (20 ILCS 2310/2310-186 new) | 8 |
| Sec. 2310-186. Criminal history record checks; task force. | 9 |
| The Department of Public Health in collaboration with the | 10 |
| Department of State Police shall create a task force to examine | 11 |
| the process used by State and local governmental agencies to | 12 |
| conduct criminal history record checks as a condition of | 13 |
| employment or approval to render provider services to such an | 14 |
| agency. | 15 |
| The task force shall be comprised of representatives from | 16 |
| State and local agencies that require an applicant to undergo a |
|
|
|
09600SB1677ham001 |
- 2 - |
LRB096 10732 KTG 25754 a |
|
| 1 |
| fingerprint-based criminal history record check pursuant to | 2 |
| State or federal law or agencies that are contemplating such a | 3 |
| requirement. The task force shall include but need not be | 4 |
| limited to representatives from the Department of State Police, | 5 |
| the Illinois Criminal Justice Information Authority, the | 6 |
| Department of Children and Family Services, the Department of | 7 |
| Central Management Services, the Department of Healthcare and | 8 |
| Family Services, the Department of Financial and Professional | 9 |
| Regulation, the Department of Public Health, the Department of | 10 |
| Human Services, the Department of Labor, the Office of the | 11 |
| Secretary of State, the Illinois State Board of Education | 12 |
| (whose representative or representatives shall consult with | 13 |
| the Regional Offices of Education and representatives of 2 | 14 |
| statewide teachers unions, a statewide organization | 15 |
| representing school principals, a statewide school | 16 |
| administrators organization, and school bus companies), the | 17 |
| Live Scan fingerprinting industry, a union for child care | 18 |
| workers who provide service to children, a large regional park | 19 |
| district, and at least 2 statewide non-governmental, | 20 |
| non-profit multi-issue advocacy organizations to represent the | 21 |
| interests of prospective employees. The task force shall be | 22 |
| chaired by 2 co-chairpersons, one appointed by the Director of | 23 |
| Public Health and the other appointed by the Director of State | 24 |
| Police. The task force members shall be appointed within 30 | 25 |
| days after the effective date of this amendatory Act of the | 26 |
| 96th General Assembly. The Department of Public Health and the |
|
|
|
09600SB1677ham001 |
- 3 - |
LRB096 10732 KTG 25754 a |
|
| 1 |
| Department of State Police shall jointly provide | 2 |
| administrative and staff support to the task force as needed. | 3 |
| The task force shall review and make recommendations to | 4 |
| create a more centralized and coordinated process for | 5 |
| conducting criminal history record checks in order to reduce | 6 |
| duplication of effort and make better use of resources and more | 7 |
| efficient use of taxpayer dollars. | 8 |
| The task force shall provide a plan to revise the criminal | 9 |
| history record check process to the General Assembly by January | 10 |
| 1, 2011. The plan shall address the following issues: | 11 |
| (1) Identification of any areas of concern that have | 12 |
| been identified by stakeholders and task force members | 13 |
| regarding State- or federally-mandated criminal history | 14 |
| record checks. | 15 |
| (2) Evaluation of the feasibility of using an | 16 |
| applicant's initial criminal history record information | 17 |
| results for subsequent employment or licensing screening | 18 |
| purposes while protecting the confidentiality of the | 19 |
| applicant. | 20 |
| (3) Evaluation of the feasibility of centralizing the | 21 |
| screening of criminal history record information inquiry | 22 |
| responses. | 23 |
| (4) Identification and evaluation of existing | 24 |
| technologies that could be utilized to eliminate the need | 25 |
| for a subsequent fingerprint inquiry each time an applicant | 26 |
| changes employment or seeks a license requiring a criminal |
|
|
|
09600SB1677ham001 |
- 4 - |
LRB096 10732 KTG 25754 a |
|
| 1 |
| history record inquiry. | 2 |
| (5) Identification of any areas where State- or | 3 |
| federally-mandated criminal history record checks can be | 4 |
| implemented in a more efficient and cost-effective manner. | 5 |
| (6) Evaluation of what other states and the federal | 6 |
| government are doing to address similar concerns. | 7 |
| (7) Identification of programs serving vulnerable | 8 |
| populations that do not currently require criminal history | 9 |
| record information to determine whether those programs | 10 |
| should be included in a centralized screening of criminal | 11 |
| history record information. | 12 |
| (8) Identification of any issues that agencies face in | 13 |
| interpreting criminal history records, such as | 14 |
| differentiating among types of dispositions, and | 15 |
| evaluation of how those records can be presented in a | 16 |
| format better tailored to non-law enforcement purposes. | 17 |
| (9) Ensuring that any centralized criminal history | 18 |
| records system discloses sealed criminal history records | 19 |
| only to those agencies authorized to receive those records | 20 |
| under Illinois law. | 21 |
| (10) Evaluation of the feasibility of creating a | 22 |
| process whereby agencies provide copies of the criminal | 23 |
| background check to applicants for the purpose of providing | 24 |
| applicants with the opportunity to assess the accuracy of | 25 |
| the records. | 26 |
| (11) Evaluation of the feasibility of adopting a |
|
|
|
09600SB1677ham001 |
- 5 - |
LRB096 10732 KTG 25754 a |
|
| 1 |
| uniform procedure for obtaining disposition information | 2 |
| where an arrest or criminal charge is reported without | 3 |
| subsequent disposition. | 4 |
| (12) Preparation of a report for the General Assembly | 5 |
| proposing solutions that can be adopted to eliminate the | 6 |
| duplication of applicant fingerprint submissions and the | 7 |
| duplication of criminal records check response screening | 8 |
| efforts and to minimize the costs of conducting State and | 9 |
| FBI fingerprint-based inquiries in Illinois.
| 10 |
| Section 5. The Illinois Public Aid Code is amended by | 11 |
| changing Section 9A-11.5 as follows:
| 12 |
| (305 ILCS 5/9A-11.5)
| 13 |
| Sec. 9A-11.5. Investigate child care providers. | 14 |
| (a) Any child care provider receiving funds from the child | 15 |
| care assistance program
under this Code who is not required to | 16 |
| be licensed under the Child Care Act of
1969 shall, as a | 17 |
| condition of eligibility to participate in the child care
| 18 |
| assistance program under this Code, authorize in writing on a | 19 |
| form prescribed
by the Department of Children and Family | 20 |
| Services, periodic investigations of the
Central Register, as | 21 |
| defined in the Abused and Neglected Child Reporting Act,
to | 22 |
| ascertain if the child care provider has been determined to be | 23 |
| a perpetrator
in an indicated report of child abuse or neglect. | 24 |
| The Department of Children and Family Services shall conduct an |
|
|
|
09600SB1677ham001 |
- 6 - |
LRB096 10732 KTG 25754 a |
|
| 1 |
| investigation
of the Central Register at the request of the | 2 |
| Department. The Department shall
request the Department of | 3 |
| Children and Family Services to conduct periodic
| 4 |
| investigations of the Central Register. | 5 |
| (b) Any child care provider, other than a relative of the | 6 |
| child, receiving funds from the child care assistance program | 7 |
| under this Code who is not required to be licensed under the | 8 |
| Child Care Act of 1969 shall, as a condition of eligibility to | 9 |
| participate in the child care assistance program under this | 10 |
| Code, authorize in writing a State and Federal Bureau of | 11 |
| Investigation fingerprint-based criminal history record check | 12 |
| to determine if the child care provider has ever been convicted | 13 |
| of a crime with respect to which the conviction has not been | 14 |
| overturned and the criminal records have not been sealed or | 15 |
| expunged. Upon this authorization, the Department shall | 16 |
| request and receive information and assistance from any federal | 17 |
| or State governmental agency as part of the authorized criminal | 18 |
| history record check. The Department of State Police shall | 19 |
| provide information concerning any conviction that has not been | 20 |
| overturned and with respect to which the criminal records have | 21 |
| not been sealed or expunged, whether the conviction occurred | 22 |
| before or on or after the effective date of this amendatory Act | 23 |
| of the 96th General Assembly, of a child care provider upon the | 24 |
| request of the Department when the request is made in the form | 25 |
| and manner required by the Department of State Police. The | 26 |
| Department of State Police shall charge a fee not to exceed the |
|
|
|
09600SB1677ham001 |
- 7 - |
LRB096 10732 KTG 25754 a |
|
| 1 |
| cost of processing the criminal history record check. The fee | 2 |
| is to be deposited into the State Police Services Fund. Any | 3 |
| information concerning convictions that have not been | 4 |
| overturned and with respect to which the criminal records have | 5 |
| not been sealed or expunged obtained by the Department is | 6 |
| confidential and may not be transmitted (i) outside the | 7 |
| Department except as required in this Section or (ii) to anyone | 8 |
| within the Department except as needed for the purposes of | 9 |
| determining participation in the child care assistance | 10 |
| program. A copy of the criminal history record check obtained | 11 |
| from the Department of State Police shall be provided to the | 12 |
| unlicensed child care provider. | 13 |
| (c) The Department shall
by rule set standards for | 14 |
| determining when to disqualify an unlicensed child care | 15 |
| provider for payment because (i) there is an indicated finding | 16 |
| against the provider based on the results of the Central | 17 |
| Register search or (ii) there is a disqualifying criminal | 18 |
| charge pending against the provider or the provider has a | 19 |
| disqualifying criminal conviction that has not been overturned | 20 |
| and with respect to which the criminal records have not been | 21 |
| expunged or sealed based on the results of the | 22 |
| fingerprint-based Department of State Police and Federal | 23 |
| Bureau of Investigation criminal history record check. In | 24 |
| determining whether to disqualify an unlicensed child care | 25 |
| provider for payment under this subsection, the Department | 26 |
| shall consider the nature and gravity of any offense or |
|
|
|
09600SB1677ham001 |
- 8 - |
LRB096 10732 KTG 25754 a |
|
| 1 |
| offenses; the time that has passed since the offense or | 2 |
| offenses or the completion of the criminal sentence or both; | 3 |
| and the relationship of the offense or offenses to the | 4 |
| responsibilities of the child care provider determine when | 5 |
| payment to an unlicensed child care provider may be
withheld if | 6 |
| there is an indicated finding against the provider in the | 7 |
| Central
Register .
| 8 |
| (Source: P.A. 92-825, eff. 8-21-02.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|