Full Text of HB4471 98th General Assembly
HB4471 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4471 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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Amends the Park District Code. Makes a technical change in a Section concerning criminal background investigations.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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
the applicant has been | 11 | | convicted 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 | 17 | | United States that, if committed or attempted in this State, | 18 | | would
have been punishable as a felony under the laws of this | 19 | | State. Authorization
for the
investigation shall be furnished | 20 | | by the applicant to the park district.
Upon receipt of this | 21 | | authorization, the park district shall submit the
applicant's | 22 | | name, sex, race, date of birth, and social security number to
| 23 | | the Department of State Police on forms prescribed by the |
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| 1 | | Department of
State Police. The Department of State Police | 2 | | shall conduct a search of the
Illinois criminal history records | 3 | | database to ascertain if the applicant being considered for
| 4 | | employment has been convicted of, or adjudicated a delinquent | 5 | | minor for, committing or attempting to commit any of
the | 6 | | enumerated criminal or drug
offenses
in subsection (c) of this | 7 | | Section or
has been convicted of committing or attempting to | 8 | | commit, within 7 years of
the application for employment with
| 9 | | the
park district, any other felony under the laws of this | 10 | | State. The
Department
of
State Police shall charge the park | 11 | | district a fee for conducting the
investigation, which fee | 12 | | shall be deposited in the State Police Services
Fund and shall | 13 | | not exceed the cost of the inquiry. The applicant shall
not be | 14 | | charged a fee by the park district for the investigation.
| 15 | | (b) If the search of the Illinois criminal history record | 16 | | database
indicates that the applicant has been convicted of, or | 17 | | adjudicated a delinquent minor for, committing or attempting to
| 18 | | commit any of the enumerated criminal or drug offenses in | 19 | | subsection (c) or has
been convicted of committing or | 20 | | attempting to commit, within 7 years of the
application for | 21 | | employment with the park district, any other felony under the
| 22 | | laws of this State, the Department of State Police and the | 23 | | Federal Bureau
of
Investigation shall furnish, pursuant to
a | 24 | | fingerprint based background check, records
of convictions or | 25 | | adjudications as a delinquent minor, until expunged, to the
| 26 | | president of the park district. Any information concerning the |
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| 1 | | record of
convictions or adjudications as a delinquent minor | 2 | | obtained by the president shall be confidential and may only
be | 3 | | transmitted to those persons who are necessary to the decision | 4 | | on whether to
hire the
applicant for employment. A copy of the | 5 | | record of convictions or adjudications as a delinquent minor | 6 | | obtained
from the Department of State Police shall be provided | 7 | | to the applicant for
employment. Any person who releases any | 8 | | confidential information
concerning any criminal convictions | 9 | | or adjudications as a delinquent minor of an applicant for | 10 | | employment shall
be guilty of a Class A misdemeanor, unless the | 11 | | release of such
information is authorized by this Section.
| 12 | | (c) No park district shall knowingly employ a person who | 13 | | has been
convicted, or adjudicated a delinquent minor, for | 14 | | committing attempted first degree murder or
for committing
or | 15 | | attempting to commit first degree murder, a Class X felony, or | 16 | | any
one or more of the following offenses: (i) those defined in | 17 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
| 18 | | 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 19 | | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, | 20 | | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | 21 | | 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012; (ii) those defined in the Cannabis | 23 | | Control Act,
except those defined in Sections 4(a), 4(b), and | 24 | | 5(a) of that Act; (iii) those
defined in the Illinois | 25 | | Controlled Substances Act; (iv) those defined in the | 26 | | Methamphetamine Control and Community Protection Act; and (v) |
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| 1 | | any offense
committed or attempted in any other state or | 2 | | against the laws of the
United States, which, if committed or | 3 | | attempted in this State, would have
been punishable as one or | 4 | | more of the foregoing offenses. Further, no
park district shall | 5 | | knowingly employ a person who has been found to be
the | 6 | | perpetrator of sexual or physical abuse of any minor under 18 | 7 | | years
of age pursuant to proceedings under Article II of the | 8 | | Juvenile Court Act
of 1987. No park district shall knowingly | 9 | | employ a person for whom a
criminal background investigation | 10 | | has not been initiated.
| 11 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | 12 | | 97-1150, eff. 1-25-13.)
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