Full Text of SB3005 99th General Assembly
SB3005sam001 99TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 4/11/2016
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| 1 | | AMENDMENT TO SENATE BILL 3005
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3005 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 any of the enumerated criminal or drug offenses in | 12 | | subsection (c) of this Section , or adjudicated a delinquent | 13 | | minor for , any of the enumerated criminal or drug
offenses in | 14 | | subsection (c) of this Section , or has been
convicted, within 2 | 15 | | 7 years of the application for employment with the
park | 16 | | district, of any other felony under the laws of this State or |
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| 1 | | of any
offense committed or attempted in any other state or | 2 | | against the laws of
the United States that, if committed or | 3 | | attempted in this State, would
have been punishable as a felony | 4 | | under the laws of this State. Authorization
for the
| 5 | | investigation shall be furnished by the applicant to the park | 6 | | district.
Upon receipt of this authorization, the park district | 7 | | shall submit the
applicant's name, sex, race, date of birth, | 8 | | and social security number to
the Department of State Police on | 9 | | forms prescribed by the Department of
State Police. The | 10 | | Department of State Police shall conduct a search of the
| 11 | | Illinois criminal history records database to ascertain if the | 12 | | applicant being considered for
employment has been convicted of | 13 | | any of the enumerated criminal or drug offenses in subsection | 14 | | (c) of this Section , or adjudicated a delinquent minor for , | 15 | | committing or attempting to commit any of
the enumerated | 16 | | criminal or drug
offenses
in subsection (c) of this Section , or
| 17 | | has been convicted of committing or attempting to commit, | 18 | | within 2 7 years of
the application for employment with
the
| 19 | | park district, any other felony under the laws of this State. | 20 | | The
Department
of
State Police shall charge the park district a | 21 | | fee for conducting the
investigation, which fee shall be | 22 | | deposited in the State Police Services
Fund and shall not | 23 | | exceed the cost of the inquiry. The applicant shall
not be | 24 | | charged a fee by the park district for the investigation.
| 25 | | (b) If the search of the Illinois criminal history record | 26 | | database
indicates that the applicant has been convicted of any |
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| 1 | | of the enumerated criminal or drug offenses in subsection (c) , | 2 | | or adjudicated a delinquent minor for , committing or attempting | 3 | | to
commit any of the enumerated criminal or drug offenses in | 4 | | subsection (c) , or has
been convicted of committing or | 5 | | attempting to commit, within 2 7 years of the
application for | 6 | | employment with the park district, any other felony under the
| 7 | | laws of this State, the Department of State Police and the | 8 | | Federal Bureau
of
Investigation shall furnish, pursuant to
a | 9 | | fingerprint based background check, records
of convictions of | 10 | | any of the enumerated criminal or drug offenses in subsection | 11 | | (c), or adjudications as a delinquent minor of any of the | 12 | | enumerated criminal offenses in subsection (c) , until expunged | 13 | | or granted a certificate of good conduct under Section 5-5.5-25 | 14 | | of the Unified Code of Corrections , to the
president of the | 15 | | park district. Any information concerning the record of
| 16 | | convictions or adjudications as a delinquent minor obtained by | 17 | | the president shall be confidential and may only
be transmitted | 18 | | to those persons who are necessary to the decision on whether | 19 | | to
hire the
applicant for employment. A copy of the record of | 20 | | convictions for any of the enumerated criminal or drug offenses | 21 | | in subsection (c), or adjudications as a delinquent minor for | 22 | | any of the enumerated criminal offenses in subsection (c), | 23 | | obtained
from the Department of State Police shall be provided | 24 | | to the applicant for
employment. Any person who releases any | 25 | | confidential information
concerning any criminal convictions | 26 | | or adjudications as a delinquent minor of an applicant for |
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| 1 | | employment shall
be guilty of a Class A misdemeanor, unless the | 2 | | release of such
information is authorized by this Section.
| 3 | | (c) No park district shall knowingly employ a person who | 4 | | has been
convicted, or adjudicated a delinquent minor, for | 5 | | committing attempted first degree murder or
for committing
or | 6 | | attempting to commit first degree murder, a Class X felony, or | 7 | | any
one or more of the following criminal offenses: (i) those | 8 | | defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 9 | | 11-1.60, 11-6,
11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | 10 | | 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, | 11 | | 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 | 12 | | felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, | 13 | | and 12-16 of
the Criminal Code of 1961 or the Criminal Code of | 14 | | 2012; (ii) (blank); those defined in the Cannabis Control Act,
| 15 | | except those defined in Sections 4(a), 4(b), and 5(a) of that | 16 | | Act; (iii) (blank); those
defined in the Illinois Controlled | 17 | | Substances Act; (iv) (blank); those defined in the | 18 | | Methamphetamine Control and Community Protection Act; and (v) | 19 | | any offense
committed or attempted in any other state or | 20 | | against the laws of the
United States, which, if committed or | 21 | | attempted in this State, would have
been punishable as one or | 22 | | more of the foregoing offenses. Further, no
park district shall | 23 | | knowingly employ a person who has been found to be
the | 24 | | perpetrator of sexual or physical abuse of any minor under 18 | 25 | | years
of age pursuant to proceedings under Article II of the | 26 | | Juvenile Court Act
of 1987. No park district shall knowingly |
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| 1 | | employ a person for whom a
criminal background investigation | 2 | | has not been initiated. | 3 | | No park district shall knowingly employ a person who has | 4 | | been convicted of the following drug offenses until 7 years | 5 | | following the end of the sentence imposed for any of the | 6 | | following offenses: (i) those defined in the Cannabis Control | 7 | | Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), | 8 | | and 5(b) of that Act; (ii) those defined in the Illinois | 9 | | Controlled Substances Act; (iii) those defined in the | 10 | | Methamphetamine Control and Community Protection Act; and (iv) | 11 | | any offense committed or attempted in any other state or | 12 | | against the laws of the United States, which, if committed or | 13 | | attempted in this State, would have been punishable as one or | 14 | | more of the foregoing offenses. For purposes of this paragraph, | 15 | | "sentence" includes any period of supervision or probation that | 16 | | was imposed either alone or in combination with a period of | 17 | | incarceration.
| 18 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | 19 | | 97-1150, eff. 1-25-13.)
| 20 | | Section 10. The Chicago Park District Act is amended by | 21 | | changing Section 16a-5 as follows:
| 22 | | (70 ILCS 1505/16a-5)
| 23 | | Sec. 16a-5. Criminal background investigations.
| 24 | | (a) An applicant for employment with the Chicago Park |
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| 1 | | District is
required as a condition of employment to authorize | 2 | | an investigation to
determine if the applicant has been | 3 | | convicted of any of the enumerated criminal or drug offenses in | 4 | | subsection (c) of this Section , or adjudicated a delinquent | 5 | | minor for , any of the enumerated criminal
or drug
offenses in | 6 | | subsection (c) of this Section ,
or has been convicted, within 2 | 7 | | 7 years of the application for employment with
the Chicago Park | 8 | | District, of any other felony under the laws of this State or
| 9 | | of any
offense committed or attempted in any other state or | 10 | | against the laws of
the United States that, if committed or | 11 | | attempted in this State, would
have been punishable as a felony | 12 | | under the laws of this State. Authorization
for the | 13 | | investigation shall be furnished by the applicant to the | 14 | | Chicago
Park District. Upon receipt of this authorization, the | 15 | | Chicago Park
District shall submit the applicant's name, sex, | 16 | | race, date of birth, and
social security number to the | 17 | | Department of State Police on forms
prescribed by the | 18 | | Department of State Police. The Department of State
Police | 19 | | shall conduct a search of the Illinois criminal history record
| 20 | | information database to ascertain if the applicant being
| 21 | | considered for employment has been convicted of any of the | 22 | | enumerated criminal or drug offenses in subsection (c) of this | 23 | | Section , or adjudicated a delinquent minor for , committing or | 24 | | attempting to
commit any of the enumerated criminal
or drug
| 25 | | offenses in subsection (c) of this Section , or has been
| 26 | | convicted , of committing or attempting to commit , within 2 7 |
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| 1 | | years of the
application for employment with the
Chicago Park | 2 | | District, any other felony under the laws of this State. The
| 3 | | Department of State Police shall charge the Chicago Park | 4 | | District a fee
for conducting the investigation, which fee | 5 | | shall be deposited in the State
Police Services Fund and shall | 6 | | not exceed the cost of the inquiry. The
applicant shall not be | 7 | | charged a fee by the Chicago Park District for the
| 8 | | investigation.
| 9 | | (b) If the search of the Illinois criminal history record | 10 | | database
indicates that the applicant has been convicted of any | 11 | | of the enumerated criminal or drug offenses in subsection (c) , | 12 | | or adjudicated a delinquent minor for , committing or attempting | 13 | | to
commit any of the enumerated criminal or drug offenses in | 14 | | subsection (c) , or has
been convicted of committing or | 15 | | attempting to commit, within 2 7 years of the
application for | 16 | | employment with the Chicago Park District, any other felony
| 17 | | under the laws of this State, the Department of State Police | 18 | | and the
Federal Bureau of
Investigation shall furnish, pursuant | 19 | | to
a fingerprint based background check, records
of convictions | 20 | | of any of the enumerated criminal or drug offenses in | 21 | | subsection (c) or adjudications as a delinquent minor of any of | 22 | | the enumerated criminal offenses in subsection (c) , until | 23 | | expunged or granted a certificate of good conduct under Section | 24 | | 5-5.5-25 of the Unified Code of Corrections , to the
General | 25 | | Superintendent and Chief Executive Officer of the Chicago Park
| 26 | | District. Any information concerning the
record of convictions |
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| 1 | | or adjudications as a delinquent minor obtained by the General | 2 | | Superintendent and Chief
Executive Officer shall be | 3 | | confidential and
may only be transmitted to those persons who | 4 | | are necessary to the decision on
whether to hire the applicant | 5 | | for employment. A copy of the record of
convictions for any of | 6 | | the enumerated criminal or drug offenses in subsection (c), or | 7 | | adjudications as a delinquent minor for any of the enumerated | 8 | | criminal offenses in subsection (c),
obtained from the | 9 | | Department of State Police shall be provided to the
applicant | 10 | | for employment. Any person who releases any confidential
| 11 | | information concerning any criminal convictions or | 12 | | 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) The Chicago Park District may not knowingly employ a | 16 | | person
who has been convicted, or adjudicated a delinquent | 17 | | minor, for committing attempted first degree murder
or for | 18 | | committing or attempting to commit first degree murder, a Class | 19 | | X felony,
or
any one or more of the following criminal | 20 | | offenses: (i) those defined in
Sections 11-1.20, 11-1.30, | 21 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3, | 22 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, | 23 | | 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if | 24 | | convicted of a Class 4 felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, | 25 | | 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 | 26 | | or the Criminal Code of 2012; (ii) (blank); those defined in |
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| 1 | | the
Cannabis Control Act, except those defined in Sections | 2 | | 4(a), 4(b), and
5(a) of that Act; (iii) (blank); those defined | 3 | | in the Illinois Controlled Substances
Act; (iv) (blank); those | 4 | | defined in the Methamphetamine Control and Community | 5 | | Protection Act; and (v) any offense committed or attempted in | 6 | | any
other state or
against the laws of the United States, | 7 | | which, if committed or attempted in
this State, would have been | 8 | | punishable as one or more of the foregoing
offenses. Further, | 9 | | the Chicago Park District may not knowingly employ a
person who | 10 | | has been found to be the perpetrator of sexual or physical
| 11 | | abuse of any minor under 18 years of age pursuant to | 12 | | proceedings under
Article II of the Juvenile Court Act of 1987. | 13 | | The Chicago Park District
may not knowingly employ a person for | 14 | | whom a criminal background
investigation has not been | 15 | | initiated.
| 16 | | The Chicago Park District shall not knowingly employ a | 17 | | person who has been convicted of the following drug offenses | 18 | | until 7 years following the end of the sentence imposed for any | 19 | | of the following offenses: (i) those defined in the Cannabis | 20 | | Control Act, except those defined in Sections 4(a), 4(b), 4(c), | 21 | | 5(a), and 5(b) of that Act; (ii) those defined in the Illinois | 22 | | Controlled Substances Act; (iii) those defined in the | 23 | | Methamphetamine Control and Community Protection Act; and (iv) | 24 | | any offense committed or attempted in any other state or | 25 | | against the laws of the United States, which, if committed or | 26 | | attempted in this State, would have been punishable as one or |
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| 1 | | more of the foregoing offenses. For purposes of this paragraph, | 2 | | "sentence" includes any period of supervision or probation that | 3 | | was imposed either alone or in combination with a period of | 4 | | incarceration. | 5 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | 6 | | 97-1150, eff. 1-25-13.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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