Full Text of SB2286 97th General Assembly
SB2286sam001 97TH GENERAL ASSEMBLY | Sen. A. J. Wilhelmi Filed: 3/9/2011
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| 1 | | AMENDMENT TO SENATE BILL 2286
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2286 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Park District Code is amended by changing | 5 | | Section 8-23 as follows:
| 6 | | (70 ILCS 1205/8-23)
| 7 | | Sec. 8-23. Criminal background investigations.
| 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 , or adjudicated a delinquent minor for, any of the | 12 | | enumerated criminal or drug
offenses in subsection (c) of this | 13 | | Section or has been
convicted, within 7 years of the | 14 | | application for employment with the
park district, of any other | 15 | | felony under the laws of this State or of any
offense committed | 16 | | or attempted in any other state or against the laws of
the |
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| 1 | | United States that, if committed or attempted in this State, | 2 | | would
have been punishable as a felony under the laws of this | 3 | | State. Authorization
for the
investigation shall be furnished | 4 | | by the applicant to the park district.
Upon receipt of this | 5 | | authorization, the park district shall submit the
applicant's | 6 | | name, sex, race, date of birth, and social security number to
| 7 | | the Department of State Police on forms prescribed by the | 8 | | Department of
State Police. The Department of State Police | 9 | | shall conduct a search of the
Illinois criminal history records | 10 | | database to ascertain if the applicant being considered for
| 11 | | employment has been convicted of , or adjudicated a delinquent | 12 | | minor for, committing or attempting to commit any of
the | 13 | | enumerated criminal or drug
offenses
in subsection (c) of this | 14 | | Section or
has been convicted of committing or attempting to | 15 | | commit, within 7 years of
the application for employment with
| 16 | | the
park district, any other felony under the laws of this | 17 | | State. The
Department
of
State Police shall charge the park | 18 | | district a fee for conducting the
investigation, which fee | 19 | | shall be deposited in the State Police Services
Fund and shall | 20 | | not exceed the cost of the inquiry. The applicant shall
not be | 21 | | charged a fee by the park district for the investigation.
| 22 | | (b) If the search of the Illinois criminal history record | 23 | | database
indicates that the applicant has been convicted of , or | 24 | | adjudicated a delinquent minor for, committing or attempting to
| 25 | | commit any of the enumerated criminal or drug offenses in | 26 | | subsection (c) or has
been convicted of committing or |
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| 1 | | attempting to commit, within 7 years of the
application for | 2 | | employment with the park district, any other felony under the
| 3 | | laws of this State, the Department of State Police and the | 4 | | Federal Bureau
of
Investigation shall furnish, pursuant to
a | 5 | | fingerprint based background check, records
of convictions or | 6 | | adjudications as a delinquent minor , until expunged, to the
| 7 | | president of the park district. Any information concerning the | 8 | | record of
convictions or adjudications as a delinquent minor | 9 | | obtained by the president shall be confidential and may only
be | 10 | | transmitted to those persons who are necessary to the decision | 11 | | on whether to
hire the
applicant for employment. A copy of the | 12 | | record of convictions or adjudications as a delinquent minor | 13 | | obtained
from the Department of State Police shall be provided | 14 | | to the applicant for
employment. Any person who releases any | 15 | | confidential information
concerning any criminal convictions | 16 | | or adjudications as a delinquent minor of an applicant for | 17 | | employment shall
be guilty of a Class A misdemeanor, unless the | 18 | | release of such
information is authorized by this Section.
| 19 | | (c) No park district shall knowingly employ a person who | 20 | | has been
convicted , or adjudicated a delinquent minor, for | 21 | | committing attempted first degree murder or
for committing
or | 22 | | attempting to commit first degree murder, a Class X felony, or | 23 | | any
one or more of the following offenses: (i) those defined in | 24 | | Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 25 | | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 12-7.3, | 26 | | 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the |
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| 1 | | Criminal Code of 1961; (ii) those defined in the Cannabis | 2 | | Control Act,
except those defined in Sections 4(a), 4(b), and | 3 | | 5(a) of that Act; (iii) those
defined in the Illinois | 4 | | Controlled Substances Act; (iv) those defined in the | 5 | | Methamphetamine Control and Community Protection Act; and (v) | 6 | | any offense
committed or attempted in any other state or | 7 | | against the laws of the
United States, which, if committed or | 8 | | attempted in this State, would have
been punishable as one or | 9 | | more of the foregoing offenses. Further, no
park district shall | 10 | | knowingly employ a person who has been found to be
the | 11 | | perpetrator of sexual or physical abuse of any minor under 18 | 12 | | years
of age pursuant to proceedings under Article II of the | 13 | | Juvenile Court Act
of 1987. No park district shall knowingly | 14 | | employ a person for whom a
criminal background investigation | 15 | | has not been initiated.
| 16 | | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
| 17 | | Section 10. The Juvenile Court Act of 1987 is amended by | 18 | | changing Sections 1-7 and 5-905 as follows:
| 19 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 20 | | Sec. 1-7. Confidentiality of law enforcement records.
| 21 | | (A) Inspection and copying of law enforcement records | 22 | | maintained by law
enforcement agencies that relate to a minor | 23 | | who has been arrested or taken
into custody before his or her | 24 | | 17th birthday shall be restricted to the
following:
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| 1 | | (1) Any local, State or federal law enforcement | 2 | | officers of any
jurisdiction or agency when necessary for | 3 | | the discharge of their official
duties during the | 4 | | investigation or prosecution of a crime or relating to a
| 5 | | minor who has been adjudicated delinquent and there has | 6 | | been a previous finding
that the act which constitutes the | 7 | | previous offense was committed in
furtherance of criminal | 8 | | activities by a criminal street gang, or, when necessary | 9 | | for the discharge of its official duties in connection with | 10 | | a particular investigation of the conduct of a law | 11 | | enforcement officer, an independent agency or its staff | 12 | | created by ordinance and charged by a unit of local | 13 | | government with the duty of investigating the conduct of | 14 | | law enforcement officers. For purposes of
this Section, | 15 | | "criminal street gang" has the meaning ascribed to it in
| 16 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 17 | | Prevention Act.
| 18 | | (2) Prosecutors, probation officers, social workers, | 19 | | or other
individuals assigned by the court to conduct a | 20 | | pre-adjudication or
pre-disposition investigation, and | 21 | | individuals responsible for supervising
or providing | 22 | | temporary or permanent care and custody for minors pursuant | 23 | | to
the order of the juvenile court, when essential to | 24 | | performing their
responsibilities.
| 25 | | (3) Prosecutors and probation officers:
| 26 | | (a) in the course of a trial when institution of |
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| 1 | | criminal proceedings
has been permitted or required | 2 | | under Section 5-805; or
| 3 | | (b) when institution of criminal proceedings has | 4 | | been permitted or required under Section 5-805 and such | 5 | | minor is the
subject
of a proceeding to determine the | 6 | | amount of bail; or
| 7 | | (c) when criminal proceedings have been permitted
| 8 | | or
required under Section 5-805 and such minor is the | 9 | | subject of a
pre-trial
investigation, pre-sentence | 10 | | investigation, fitness hearing, or proceedings
on an | 11 | | application for probation.
| 12 | | (4) Adult and Juvenile Prisoner Review Board.
| 13 | | (5) Authorized military personnel.
| 14 | | (6) Persons engaged in bona fide research, with the | 15 | | permission of the
Presiding Judge of the Juvenile Court and | 16 | | the chief executive of the respective
law enforcement | 17 | | agency; provided that publication of such research results
| 18 | | in no disclosure of a minor's identity and protects the | 19 | | confidentiality
of the minor's record.
| 20 | | (7) Department of Children and Family Services child | 21 | | protection
investigators acting in their official | 22 | | capacity.
| 23 | | (8) The appropriate school official. Inspection and | 24 | | copying
shall be limited to law enforcement records | 25 | | transmitted to the appropriate
school official by a local | 26 | | law enforcement agency under a reciprocal reporting
system |
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| 1 | | established and maintained between the school district and | 2 | | the local law
enforcement agency under Section 10-20.14 of | 3 | | the School Code concerning a minor
enrolled in a school | 4 | | within the school district who has been arrested or taken
| 5 | | into custody for any of the following offenses:
| 6 | | (i) unlawful use of weapons under Section 24-1 of | 7 | | the Criminal Code of
1961;
| 8 | | (ii) a violation of the Illinois Controlled | 9 | | Substances Act;
| 10 | | (iii) a violation of the Cannabis Control Act;
| 11 | | (iv) a forcible felony as defined in Section 2-8 of | 12 | | the Criminal Code
of 1961; or | 13 | | (v) a violation of the Methamphetamine Control and | 14 | | Community Protection Act.
| 15 | | (9) Mental health professionals on behalf of the | 16 | | Illinois Department of
Corrections or the Department of | 17 | | Human Services or prosecutors who are
evaluating, | 18 | | prosecuting, or investigating a potential or actual | 19 | | petition
brought
under the Sexually Violent Persons | 20 | | Commitment Act relating to a person who is
the
subject of | 21 | | juvenile law enforcement records or the respondent to a | 22 | | petition
brought under the Sexually Violent Persons | 23 | | Commitment Act who is the subject of
the
juvenile law | 24 | | enforcement records sought.
Any records and any | 25 | | information obtained from those records under this
| 26 | | paragraph (9) may be used only in sexually violent persons |
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| 1 | | commitment
proceedings. | 2 | | (10) The president of a park district. Inspection and | 3 | | copying shall be limited to law enforcement records | 4 | | transmitted to the president of the park district by the | 5 | | Illinois State Police under Section 8-23 of the Park | 6 | | District Code concerning a person who is seeking employment | 7 | | with that park district and who has been adjudicated a | 8 | | juvenile delinquent for any of the offenses listed in | 9 | | subsection (c) of Section 8-23 of the Park District Code.
| 10 | | (B) (1) Except as provided in paragraph (2), no law | 11 | | enforcement
officer or other person or agency may knowingly | 12 | | transmit to the Department of
Corrections, Adult Division | 13 | | or the Department of State Police or to the Federal
Bureau | 14 | | of Investigation any fingerprint or photograph relating to | 15 | | a minor who
has been arrested or taken into custody before | 16 | | his or her 17th birthday,
unless the court in proceedings | 17 | | under this Act authorizes the transmission or
enters an | 18 | | order under Section 5-805 permitting or requiring the
| 19 | | institution of
criminal proceedings.
| 20 | | (2) Law enforcement officers or other persons or | 21 | | agencies shall transmit
to the Department of State Police | 22 | | copies of fingerprints and descriptions
of all minors who | 23 | | have been arrested or taken into custody before their
17th | 24 | | birthday for the offense of unlawful use of weapons under | 25 | | Article 24 of
the Criminal Code of 1961, a Class X or Class | 26 | | 1 felony, a forcible felony as
defined in Section 2-8 of |
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| 1 | | the Criminal Code of 1961, or a Class 2 or greater
felony | 2 | | under the Cannabis Control Act, the Illinois Controlled | 3 | | Substances Act, the Methamphetamine Control and Community | 4 | | Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | 5 | | pursuant to Section 5 of the
Criminal Identification Act. | 6 | | Information reported to the Department pursuant
to this | 7 | | Section may be maintained with records that the Department | 8 | | files
pursuant to Section 2.1 of the Criminal | 9 | | Identification Act. Nothing in this
Act prohibits a law | 10 | | enforcement agency from fingerprinting a minor taken into
| 11 | | custody or arrested before his or her 17th birthday for an | 12 | | offense other than
those listed in this paragraph (2).
| 13 | | (C) The records of law enforcement officers, or of an | 14 | | independent agency created by ordinance and charged by a unit | 15 | | of local government with the duty of investigating the conduct | 16 | | of law enforcement officers, concerning all minors under
17 | 17 | | years of age must be maintained separate from the records of | 18 | | arrests and
may not be open to public inspection or their | 19 | | contents disclosed to the
public except by order of the court | 20 | | presiding over matters pursuant to this Act or when the | 21 | | institution of criminal
proceedings has been permitted or | 22 | | required under Section
5-805 or such a person has been | 23 | | convicted of a crime and is the
subject of
pre-sentence | 24 | | investigation or proceedings on an application for probation
or | 25 | | when provided by law. For purposes of obtaining documents | 26 | | pursuant to this Section, a civil subpoena is not an order of |
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| 1 | | the court. | 2 | | (1) In cases where the law enforcement, or independent | 3 | | agency, records concern a pending juvenile court case, the | 4 | | party seeking to inspect the records shall provide actual | 5 | | notice to the attorney or guardian ad litem of the minor | 6 | | whose records are sought. | 7 | | (2) In cases where the records concern a juvenile court | 8 | | case that is no longer pending, the party seeking to | 9 | | inspect the records shall provide actual notice to the | 10 | | minor or the minor's parent or legal guardian, and the | 11 | | matter shall be referred to the chief judge presiding over | 12 | | matters pursuant to this Act. | 13 | | (3) In determining whether the records should be | 14 | | available for inspection, the court shall consider the | 15 | | minor's interest in confidentiality and rehabilitation | 16 | | over the moving party's interest in obtaining the | 17 | | information. Any records obtained in violation of this | 18 | | subsection (C) shall not be admissible in any criminal or | 19 | | civil proceeding, or operate to disqualify a minor from | 20 | | subsequently holding public office or securing employment, | 21 | | or operate as a forfeiture of any public benefit, right, | 22 | | privilege, or right to receive any license granted by | 23 | | public authority.
| 24 | | (D) Nothing contained in subsection (C) of this Section | 25 | | shall prohibit
the inspection or disclosure to victims and | 26 | | witnesses of photographs
contained in the records of law |
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| 1 | | enforcement agencies when the
inspection and disclosure is | 2 | | conducted in the presence of a law enforcement
officer for the | 3 | | purpose of the identification or apprehension of any person
| 4 | | subject to the provisions of this Act or for the investigation | 5 | | or
prosecution of any crime.
| 6 | | (E) Law enforcement officers, and personnel of an | 7 | | independent agency created by ordinance and charged by a unit | 8 | | of local government with the duty of investigating the conduct | 9 | | of law enforcement officers, may not disclose the identity of | 10 | | any minor
in releasing information to the general public as to | 11 | | the arrest, investigation
or disposition of any case involving | 12 | | a minor.
| 13 | | (F) Nothing contained in this Section shall prohibit law | 14 | | enforcement
agencies from communicating with each other by | 15 | | letter, memorandum, teletype or
intelligence alert bulletin or | 16 | | other means the identity or other relevant
information | 17 | | pertaining to a person under 17 years of age if there are
| 18 | | reasonable grounds to believe that the person poses a real and | 19 | | present danger
to the safety of the public or law enforcement | 20 | | officers. The information
provided under this subsection (F) | 21 | | shall remain confidential and shall not
be publicly disclosed, | 22 | | except as otherwise allowed by law.
| 23 | | (G) Nothing in this Section shall prohibit the right of a | 24 | | Civil Service
Commission or appointing authority of any state, | 25 | | county or municipality
examining the character and fitness of | 26 | | an applicant for employment with a law
enforcement agency, |
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| 1 | | correctional institution, or fire department
from obtaining | 2 | | and examining the
records of any law enforcement agency | 3 | | relating to any record of the applicant
having been arrested or | 4 | | taken into custody before the applicant's 17th
birthday.
| 5 | | (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
| 6 | | (705 ILCS 405/5-905)
| 7 | | Sec. 5-905. Law enforcement records.
| 8 | | (1) Law Enforcement Records.
Inspection and copying of law | 9 | | enforcement records maintained by law enforcement
agencies | 10 | | that relate to a minor who has been arrested or taken into | 11 | | custody
before his or her 17th birthday shall be restricted to | 12 | | the following and when
necessary for the discharge of their | 13 | | official duties:
| 14 | | (a) A judge of the circuit court and members of the | 15 | | staff of the court
designated by the judge;
| 16 | | (b) Law enforcement officers, probation officers or | 17 | | prosecutors or their
staff, or, when necessary for the | 18 | | discharge of its official duties in connection with a | 19 | | particular investigation of the conduct of a law | 20 | | enforcement officer, an independent agency or its staff | 21 | | created by ordinance and charged by a unit of local | 22 | | government with the duty of investigating the conduct of | 23 | | law enforcement officers;
| 24 | | (c) The minor, the minor's parents or legal guardian | 25 | | and their attorneys,
but only when the juvenile has been |
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| 1 | | charged with an offense;
| 2 | | (d) Adult and Juvenile Prisoner Review Boards;
| 3 | | (e) Authorized military personnel;
| 4 | | (f) Persons engaged in bona fide research, with the | 5 | | permission of the
judge of juvenile court and the chief | 6 | | executive of the agency that prepared the
particular | 7 | | recording: provided that publication of such research | 8 | | results in no
disclosure of a minor's identity and protects | 9 | | the confidentiality of the
record;
| 10 | | (g) Individuals responsible for supervising or | 11 | | providing temporary or
permanent care and custody of minors | 12 | | pursuant to orders of the juvenile court
or directives from | 13 | | officials of the Department of Children and Family
Services | 14 | | or the Department of Human Services who certify in writing | 15 | | that the
information will not be disclosed to any other | 16 | | party except as provided under
law or order of court;
| 17 | | (h) The appropriate school official. Inspection and | 18 | | copying
shall be limited to law enforcement records | 19 | | transmitted to the appropriate
school official by a local | 20 | | law enforcement agency under a reciprocal reporting
system | 21 | | established and maintained between the school district and | 22 | | the local law
enforcement agency under Section 10-20.14 of | 23 | | the School Code concerning a minor
enrolled in a school | 24 | | within the school district who has been arrested
for any | 25 | | offense classified as a felony or a Class A or B | 26 | | misdemeanor. |
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| 1 | | (i) The president of a park district. Inspection and | 2 | | copying shall be limited to law enforcement records | 3 | | transmitted to the president of the park district by the | 4 | | Illinois State Police under Section 8-23 of the Park | 5 | | District Code concerning a person who is seeking employment | 6 | | with that park district and who has been adjudicated a | 7 | | juvenile delinquent for any of the offenses listed in | 8 | | subsection (c) of Section 8-23 of the Park District Code.
| 9 | | (2) Information identifying victims and alleged victims of | 10 | | sex offenses,
shall not be disclosed or open to public | 11 | | inspection under any circumstances.
Nothing in this Section | 12 | | shall prohibit the victim or alleged victim of any sex
offense | 13 | | from voluntarily disclosing his or her identity.
| 14 | | (2.5) If the minor is a victim of aggravated battery, | 15 | | battery, attempted first degree murder, or other non-sexual | 16 | | violent offense, the identity of the victim may be disclosed to | 17 | | appropriate school officials, for the purpose of preventing | 18 | | foreseeable future violence involving minors, by a local law | 19 | | enforcement agency pursuant to an agreement established | 20 | | between the school district and a local law enforcement agency | 21 | | subject to the approval by the presiding judge of the juvenile | 22 | | court. | 23 | | (3) Relevant information, reports and records shall be made | 24 | | available to the
Department of Juvenile Justice when a juvenile | 25 | | offender has been placed in the
custody of the Department of | 26 | | Juvenile Justice.
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| 1 | | (4) Nothing in this Section shall prohibit the inspection | 2 | | or disclosure to
victims and witnesses of photographs contained | 3 | | in the records of law
enforcement agencies when the inspection | 4 | | or disclosure is conducted in the
presence of a law enforcement | 5 | | officer for purposes of identification or
apprehension of any | 6 | | person in the course of any criminal investigation or
| 7 | | prosecution.
| 8 | | (5) The records of law enforcement officers, or of an | 9 | | independent agency created by ordinance and charged by a unit | 10 | | of local government with the duty of investigating the conduct | 11 | | of law enforcement officers, concerning all minors under
17 | 12 | | years of age must be maintained separate from the records of | 13 | | adults and
may not be open to public inspection or their | 14 | | contents disclosed to the
public except by order of the court | 15 | | or when the institution of criminal
proceedings has been | 16 | | permitted under Section 5-130 or 5-805 or required
under | 17 | | Section
5-130 or 5-805 or such a person has been convicted of a | 18 | | crime and is the
subject of
pre-sentence investigation or when | 19 | | provided by law.
| 20 | | (6) Except as otherwise provided in this subsection (6), | 21 | | law enforcement
officers, and personnel of an independent | 22 | | agency created by ordinance and charged by a unit of local | 23 | | government with the duty of investigating the conduct of law | 24 | | enforcement officers, may not disclose the identity of any | 25 | | minor
in releasing information to the general public as to the | 26 | | arrest, investigation
or disposition of any case involving a |
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| 1 | | minor.
Any victim or parent or legal guardian of a victim may | 2 | | petition the court to
disclose the name and address of the | 3 | | minor and the minor's parents or legal
guardian, or both. Upon | 4 | | a finding by clear and convincing evidence that the
disclosure | 5 | | is either necessary for the victim to pursue a civil remedy | 6 | | against
the minor or the minor's parents or legal guardian, or | 7 | | both, or to protect the
victim's person or property from the | 8 | | minor, then the court may order the
disclosure of the | 9 | | information to the victim or to the parent or legal guardian
of | 10 | | the victim only for the purpose of the victim pursuing a civil | 11 | | remedy
against the minor or the minor's parents or legal | 12 | | guardian, or both, or to
protect the victim's person or | 13 | | property from the minor.
| 14 | | (7) Nothing contained in this Section shall prohibit law | 15 | | enforcement
agencies when acting in their official capacity | 16 | | from communicating with each
other by letter, memorandum, | 17 | | teletype or
intelligence alert bulletin or other means the | 18 | | identity or other relevant
information pertaining to a person | 19 | | under 17 years of age. The information
provided under this | 20 | | subsection (7) shall remain confidential and shall not
be | 21 | | publicly disclosed, except as otherwise allowed by law.
| 22 | | (8) No person shall disclose information under this Section | 23 | | except when
acting in his or her official capacity and as | 24 | | provided by law or order of
court.
| 25 | | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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