Full Text of HB3931 99th General Assembly
HB3931 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3931 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
|
70 ILCS 1205/8-23 |
|
70 ILCS 1505/16a-5 |
|
|
Amends the Park District Code. Requires park districts to determine if an applicant for employment has been convicted of (rather than convicted of or adjudicated a delinquent minor for) specified criminal or drug offenses listed in the Section within 5 years of the application for employment, or convicted of a felony within 2 years (rather than 7 years) of the application for employment. Removes several offenses from the specified criminal or drug offenses listed in the Section. Amends the Chicago Park District Act making the same changes. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB3931 | | LRB099 10347 AWJ 30574 b |
|
| 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 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 within 5 years of the application for employment or has | 14 | | been
convicted, within 2 7 years of the application for | 15 | | employment with the
park district, of any other felony under | 16 | | the laws of this State or of any
offense committed or attempted | 17 | | in any other state or against the laws of
the United States | 18 | | that, if committed or attempted in this State, would
have been | 19 | | punishable as a felony under the laws of this State. | 20 | | Authorization
for the
investigation shall be furnished by the | 21 | | applicant to the park district.
Upon receipt of this | 22 | | authorization, the park district shall submit the
applicant's | 23 | | name, sex, race, date of birth, and social security number to
|
| | | HB3931 | - 2 - | LRB099 10347 AWJ 30574 b |
|
| 1 | | the Department of State Police on forms prescribed by the | 2 | | Department of
State Police. The Department of State Police | 3 | | shall conduct a search of the
Illinois criminal history records | 4 | | database to ascertain if the applicant being considered for
| 5 | | employment has been convicted of , or adjudicated a delinquent | 6 | | minor for, committing or attempting to commit any of
the | 7 | | enumerated criminal or drug
offenses
in subsection (c) of this | 8 | | Section within 5 years of the application for employment or
has | 9 | | been convicted of committing or attempting to commit, within 2 | 10 | | 7 years of
the application for employment with
the
park | 11 | | district, any other felony under the laws of this State. The
| 12 | | Department
of
State Police shall charge the park district a fee | 13 | | for conducting the
investigation, which fee shall be deposited | 14 | | in the State Police Services
Fund and shall not exceed the cost | 15 | | of the inquiry. The applicant shall
not be charged a fee by the | 16 | | park district for the investigation.
| 17 | | (b) If the search of the Illinois criminal history record | 18 | | database
indicates that the applicant has been convicted of , or | 19 | | adjudicated a delinquent minor for, committing or attempting to
| 20 | | commit any of the enumerated criminal or drug offenses in | 21 | | subsection (c) within 5 years of the application for employment | 22 | | or has
been convicted of committing or attempting to commit, | 23 | | within 2 7 years of the
application for employment with the | 24 | | park district, any other felony under the
laws of this State, | 25 | | the Department of State Police and the Federal Bureau
of
| 26 | | Investigation shall furnish, pursuant to
a fingerprint based |
| | | HB3931 | - 3 - | LRB099 10347 AWJ 30574 b |
|
| 1 | | background check, records
of convictions or adjudications as a | 2 | | delinquent minor, until expunged, to the
president of the park | 3 | | district. Any information concerning the record of
convictions | 4 | | or adjudications as a delinquent minor obtained by the | 5 | | president shall be confidential and may only
be transmitted to | 6 | | those persons who are necessary to the decision on whether to
| 7 | | hire the
applicant for employment. A copy of the record of | 8 | | convictions or adjudications as a delinquent minor obtained
| 9 | | from the Department of State Police shall be provided to the | 10 | | applicant for
employment. Any person who releases any | 11 | | confidential information
concerning any criminal convictions | 12 | | or adjudications as a delinquent minor of an applicant for | 13 | | employment shall
be guilty of a Class A misdemeanor, unless the | 14 | | release of such
information is authorized by this Section.
| 15 | | (c) No park district shall knowingly employ a person who | 16 | | has been
convicted within 5 years of the application for | 17 | | employment of , or adjudicated a delinquent minor, for | 18 | | committing attempted first degree murder or
for committing
or | 19 | | attempting to commit first degree murder, a Class X felony, or | 20 | | any
one or more of the following offenses: (i) those defined in | 21 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
| 22 | | 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 23 | | 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, | 24 | | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | 25 | | 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012; (ii) (blank); those defined in the |
| | | HB3931 | - 4 - | LRB099 10347 AWJ 30574 b |
|
| 1 | | Cannabis Control Act,
except those defined in Sections 4(a), | 2 | | 4(b), and 5(a) of that Act; (iii) those
defined in the Illinois | 3 | | Controlled Substances Act; (iv) those defined in the | 4 | | Methamphetamine Control and Community Protection Act; and (v) | 5 | | any offense
committed or attempted in any other state or | 6 | | against the laws of the
United States, which, if committed or | 7 | | attempted in this State, would have
been punishable as one or | 8 | | more of the foregoing offenses. Further, no
park district shall | 9 | | knowingly employ a person who has been found to be
the | 10 | | perpetrator of sexual or physical abuse of any minor under 18 | 11 | | years
of age pursuant to proceedings under Article II of the | 12 | | Juvenile Court Act
of 1987. No park district shall knowingly | 13 | | employ a person for whom a
criminal background investigation | 14 | | has not been initiated.
| 15 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | 16 | | 97-1150, eff. 1-25-13.)
| 17 | | Section 10. The Chicago Park District Act is amended by | 18 | | changing Section 16a-5 as follows:
| 19 | | (70 ILCS 1505/16a-5)
| 20 | | Sec. 16a-5. Criminal background investigations.
| 21 | | (a) An applicant for employment with the Chicago Park | 22 | | District is
required as a condition of employment to authorize | 23 | | an investigation to
determine if the applicant has been | 24 | | convicted of , or adjudicated a delinquent minor for, any of the |
| | | HB3931 | - 5 - | LRB099 10347 AWJ 30574 b |
|
| 1 | | enumerated criminal
or drug
offenses in subsection (c) of this | 2 | | Section within 5 years of the application for employment of
or | 3 | | has been convicted, within 2 7 years of the application for | 4 | | employment with
the Chicago Park District, of any other felony | 5 | | under the laws of this State or
of any
offense committed or | 6 | | attempted in any other state or against the laws of
the United | 7 | | States that, if committed or attempted in this State, would
| 8 | | have been punishable as a felony under the laws of this State. | 9 | | Authorization
for the investigation shall be furnished by the | 10 | | applicant to the Chicago
Park District. Upon receipt of this | 11 | | authorization, the Chicago Park
District shall submit the | 12 | | applicant's name, sex, race, date of birth, and
social security | 13 | | number to the Department of State Police on forms
prescribed by | 14 | | the Department of State Police. The Department of State
Police | 15 | | shall conduct a search of the Illinois criminal history record
| 16 | | information database to ascertain if the applicant being
| 17 | | considered for employment has been convicted of , or adjudicated | 18 | | a delinquent minor for, committing or attempting to
commit any | 19 | | of the enumerated criminal
or drug
offenses in subsection (c) | 20 | | of this Section within 5 years of the application for | 21 | | employment of or has been
convicted, of committing or | 22 | | attempting to commit within 2 7 years of the
application for | 23 | | employment with the
Chicago Park District, any other felony | 24 | | under the laws of this State. The
Department of State Police | 25 | | shall charge the Chicago Park District a fee
for conducting the | 26 | | investigation, which fee shall be deposited in the State
Police |
| | | HB3931 | - 6 - | LRB099 10347 AWJ 30574 b |
|
| 1 | | Services Fund and shall not exceed the cost of the inquiry. The
| 2 | | applicant shall not be charged a fee by the Chicago Park | 3 | | District for the
investigation.
| 4 | | (b) If the search of the Illinois criminal history record | 5 | | database
indicates that the applicant has been convicted of , or | 6 | | adjudicated a delinquent minor for, committing or attempting to
| 7 | | commit any of the enumerated criminal or drug offenses in | 8 | | subsection (c) within 5 years of the application for employment | 9 | | of or has
been convicted of committing or attempting to commit, | 10 | | within 2 7 years of the
application for employment with the | 11 | | Chicago Park District, any other felony
under the laws of this | 12 | | State, the Department of State Police and the
Federal Bureau of
| 13 | | Investigation shall furnish, pursuant to
a fingerprint based | 14 | | background check, records
of convictions or adjudications as a | 15 | | delinquent minor, until expunged, to the
General | 16 | | Superintendent and Chief Executive Officer of the Chicago Park
| 17 | | District. Any information concerning the
record of convictions | 18 | | or adjudications as a delinquent minor obtained by the General | 19 | | Superintendent and Chief
Executive Officer shall be | 20 | | confidential and
may only be transmitted to those persons who | 21 | | are necessary to the decision on
whether to hire the applicant | 22 | | for employment. A copy of the record of
convictions or | 23 | | adjudications as a delinquent minor
obtained from the | 24 | | Department of State Police shall be provided to the
applicant | 25 | | for employment. Any person who releases any confidential
| 26 | | information concerning any criminal convictions or |
| | | HB3931 | - 7 - | LRB099 10347 AWJ 30574 b |
|
| 1 | | adjudications as a delinquent minor of an applicant for
| 2 | | employment shall be guilty of a Class A misdemeanor, unless the | 3 | | release
of such information is authorized by this Section.
| 4 | | (c) The Chicago Park District may not knowingly employ a | 5 | | person
who has been convicted within 5 years of the application | 6 | | for employment of , or adjudicated a delinquent minor, for | 7 | | committing attempted first degree murder
or for committing or | 8 | | attempting to commit first degree murder, a Class X felony,
or
| 9 | | any one or more of the following offenses: (i) those defined in
| 10 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | 11 | | 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 12 | | 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, | 13 | | 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | 14 | | 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012; (ii) (blank); those defined in the
| 16 | | Cannabis Control Act, except those defined in Sections 4(a), | 17 | | 4(b), and
5(a) of that Act; (iii) those defined in the Illinois | 18 | | Controlled Substances
Act; (iv) those defined in the | 19 | | Methamphetamine Control and Community Protection Act; and (v) | 20 | | any offense committed or attempted in any
other state or
| 21 | | against the laws of the United States, which, if committed or | 22 | | attempted in
this State, would have been punishable as one or | 23 | | more of the foregoing
offenses. Further, the Chicago Park | 24 | | District may not knowingly employ a
person who has been found | 25 | | to be the perpetrator of sexual or physical
abuse of any minor | 26 | | under 18 years of age pursuant to proceedings under
Article II |
| | | HB3931 | - 8 - | LRB099 10347 AWJ 30574 b |
|
| 1 | | of the Juvenile Court Act of 1987. The Chicago Park District
| 2 | | may not knowingly employ a person for whom a criminal | 3 | | background
investigation has not been initiated.
| 4 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | 5 | | 97-1150, eff. 1-25-13.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|