Full Text of SB2588 94th General Assembly
SB2588 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2588
Introduced 1/20/2006, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/3-6040 new |
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65 ILCS 5/11-1-12 new |
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105 ILCS 5/10-21.9 |
from Ch. 122, par. 10-21.9 |
105 ILCS 5/34-18.5 |
from Ch. 122, par. 34-18.5 |
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Amends the Counties Code, the Illinois Municipal Code, and the School Code. Provides that a municipal police department, or the county sheriff's office of a county if the school district, park district, or college or university is located in an unincorporated area or in a municipality without a police department, upon request of a public school district, public park district, or public college or university located within the municipality or located in an unincorporated area of the county or within a municipality that does not have a police department, may conduct a fingerprint-based criminal history records check to determine if an applicant for employment with the district, college, or university has been convicted of any offense that would disqualify the applicant for employment with the district, college, or university. Provides that the information obtained from the background check is confidential. Provides that any person who releases any confidential information concerning any criminal convictions of an applicant for employment shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by law.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| AN ACT concerning criminal background checks.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by adding Section | 5 |
| 3-6040 as follows: | 6 |
| (55 ILCS 5/3-6040 new)
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| Sec. 3-6040. County sheriffs offices; criminal background | 8 |
| checks.
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| (a) A county sheriff's office of a county may, upon request | 10 |
| of a public school district, public park district, or public | 11 |
| college or university located within an unincorporated area of | 12 |
| the county or within a municipality that does not have a police | 13 |
| department, conduct a fingerprint-based criminal history | 14 |
| records check to determine if an applicant for employment with | 15 |
| the district, college, or university has been convicted of any | 16 |
| offense that would disqualify the applicant for employment with | 17 |
| the district, college, or university. Authorization for the | 18 |
| check shall be furnished by the applicant to the school | 19 |
| district, park district, college, or university. Upon receipt | 20 |
| of this authorization, the school district, park district, | 21 |
| college, or university shall submit the applicant's name, sex, | 22 |
| race, date of birth, social security number, fingerprint | 23 |
| images, and other identifiers, as prescribed by the county | 24 |
| sheriff's office, to the county sheriff's office. The county | 25 |
| sheriff's office and the Federal Bureau of Investigation shall | 26 |
| furnish, pursuant to a fingerprint-based criminal history | 27 |
| records check, records of convictions, until expunged, to the | 28 |
| president of the school board for the school district, | 29 |
| president of the park district for the park district, or | 30 |
| president of the college or university for the college or | 31 |
| university that requested the check. The county sheriff's | 32 |
| office shall charge the school district, park district, |
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| college, or university a fee for conducting such check, which | 2 |
| fee shall be deposited into the county treasury and shall not | 3 |
| exceed the cost of the inquiry; and the applicant shall not be | 4 |
| charged a fee for such check by the school district, park | 5 |
| district, college or university. | 6 |
| (b) Any information concerning the record of convictions | 7 |
| obtained by the president of the school board, president of the | 8 |
| park district, or president of the college or university shall | 9 |
| be confidential and may be transmitted only to the | 10 |
| superintendent of the school district, superintendent of the | 11 |
| park district, or chancellor of the college or university or | 12 |
| his or her designee. A copy of the record of convictions | 13 |
| obtained from the county sheriff's office shall be provided to | 14 |
| the applicant for employment. | 15 |
| (c) Any person who releases any confidential information | 16 |
| concerning any criminal convictions of an applicant for | 17 |
| employment shall be guilty of a Class A misdemeanor, unless the | 18 |
| release of such information is authorized by law.
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| Section 10. The Illinois Municipal Code is amended by | 20 |
| adding Section 11-1-12 as follows: | 21 |
| (65 ILCS 5/11-1-12 new) | 22 |
| Sec. 11-1-12. Municipal police departments; criminal | 23 |
| background checks.
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| (a) A police department of a municipality may, upon request | 25 |
| of a public school district, public park district, or public | 26 |
| college or university located within the municipality, conduct | 27 |
| a fingerprint-based criminal history records check to | 28 |
| determine if an applicant for employment with the district, | 29 |
| college, or university has been convicted of any offense that | 30 |
| would disqualify the applicant for employment with the | 31 |
| district, college, or university. Authorization for the check | 32 |
| shall be furnished by the applicant to the school district, | 33 |
| park district, college, or university. Upon receipt of this | 34 |
| authorization, the school district, park district, college, or |
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| university shall submit the applicant's name, sex, race, date | 2 |
| of birth, social security number, fingerprint images, and other | 3 |
| identifiers, as prescribed by the municipal police department, | 4 |
| to the municipal police department. The municipal police | 5 |
| department and the Federal Bureau of Investigation shall | 6 |
| furnish, pursuant to a fingerprint-based criminal history | 7 |
| records check, records of convictions, until expunged, to the | 8 |
| president of the school board for the school district, | 9 |
| president of the park district for the park district, or | 10 |
| president of the college or university for the college or | 11 |
| university that requested the check. The municipal police | 12 |
| department shall charge the school district, park district, | 13 |
| college, or university a fee for conducting such check, which | 14 |
| fee shall be deposited into the municipal treasury and shall | 15 |
| not exceed the cost of the inquiry; and the applicant shall not | 16 |
| be charged a fee for such check by the school district, park | 17 |
| district, college or university. | 18 |
| (b) Any information concerning the record of convictions | 19 |
| obtained by the president of the school board, president of the | 20 |
| park district, or president of the college or university shall | 21 |
| be confidential and may be transmitted only to the | 22 |
| superintendent of the school district, superintendent of the | 23 |
| park district, or chancellor of the college or university or | 24 |
| his or her designee. A copy of the record of convictions | 25 |
| obtained from the municipal police department shall be provided | 26 |
| to the applicant for employment. | 27 |
| (c) Any person who releases any confidential information | 28 |
| concerning any criminal convictions of an applicant for | 29 |
| employment shall be guilty of a Class A misdemeanor, unless the | 30 |
| release of such information is authorized by law.
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| Section 15. The School Code is amended by changing Sections | 32 |
| 10-21.9 and 34-18.5 as follows:
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| (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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| Sec. 10-21.9. Criminal history records checks and checks of |
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| the Statewide Sex Offender Database.
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| (a) Certified and noncertified applicants for employment | 3 |
| with a school
district, except school bus driver applicants, | 4 |
| are required as a condition
of employment to authorize a | 5 |
| fingerprint-based criminal history records check to determine | 6 |
| if such applicants have been convicted of any of
the enumerated | 7 |
| criminal or drug offenses in subsection (c) of this Section or
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| have been convicted, within 7 years of the application for | 9 |
| employment with
the
school district, of any other felony under | 10 |
| the laws of this State or of any
offense committed or attempted | 11 |
| in any other state or against the laws of
the United States | 12 |
| that, if committed or attempted in this State, would
have been | 13 |
| punishable as a felony under the laws of this State.
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| Authorization for
the check shall be furnished by the applicant | 15 |
| to
the school district, except that if the applicant is a | 16 |
| substitute teacher
seeking employment in more than one school | 17 |
| district, a teacher seeking
concurrent part-time employment | 18 |
| positions with more than one school
district (as a reading | 19 |
| specialist, special education teacher or otherwise),
or an | 20 |
| educational support personnel employee seeking employment | 21 |
| positions
with more than one district, any such district may | 22 |
| require the applicant to
furnish authorization for
the check to | 23 |
| the regional superintendent
of the educational service region | 24 |
| in which are located the school districts
in which the | 25 |
| applicant is seeking employment as a substitute or concurrent
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| part-time teacher or concurrent educational support personnel | 27 |
| employee.
Upon receipt of this authorization, the school | 28 |
| district or the appropriate
regional superintendent, as the | 29 |
| case may be, shall submit the applicant's
name, sex, race, date | 30 |
| of birth, social security number, fingerprint images, and other | 31 |
| identifiers, as prescribed by the Department
of State Police, | 32 |
| to the Department. The regional
superintendent submitting the | 33 |
| requisite information to the Department of
State Police shall | 34 |
| promptly notify the school districts in which the
applicant is | 35 |
| seeking employment as a substitute or concurrent part-time
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| teacher or concurrent educational support personnel employee |
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| that
the
check of the applicant has been requested. The | 2 |
| Department of State Police and the Federal Bureau of | 3 |
| Investigation shall furnish, pursuant to a fingerprint-based | 4 |
| criminal history records check, records of convictions, until | 5 |
| expunged, to the president of the school board for the school | 6 |
| district that requested the check, or to the regional | 7 |
| superintendent who requested the check.
The
Department shall | 8 |
| charge
the school district
or the appropriate regional | 9 |
| superintendent a fee for
conducting
such check, which fee shall | 10 |
| be deposited in the State
Police Services Fund and shall not | 11 |
| exceed the cost of
the inquiry; and the
applicant shall not be | 12 |
| charged a fee for
such check by the school
district or by the | 13 |
| regional superintendent. Subject to appropriations for these | 14 |
| purposes, the State Superintendent of Education shall | 15 |
| reimburse school districts and regional superintendents for | 16 |
| fees paid to obtain criminal history records checks under this | 17 |
| Section.
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| (a-5) The school district or regional superintendent shall | 19 |
| further perform a check of the Statewide Sex Offender Database, | 20 |
| as authorized by the Sex Offender and Child Murderer Community | 21 |
| Notification Law, for each applicant.
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| (b)
Any information
concerning the record of convictions | 23 |
| obtained by the president of the
school board or the regional | 24 |
| superintendent shall be confidential and may
only be | 25 |
| transmitted to the superintendent of the school district or his
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| designee, the appropriate regional superintendent if
the check | 27 |
| was
requested by the school district, the presidents of the | 28 |
| appropriate school
boards if
the check was requested from the | 29 |
| Department of State
Police by the regional superintendent, the | 30 |
| State Superintendent of
Education, the State Teacher | 31 |
| Certification Board or any other person
necessary to the | 32 |
| decision of hiring the applicant for employment. A copy
of the | 33 |
| record of convictions obtained from the Department of State | 34 |
| Police
shall be provided to the applicant for employment. Upon | 35 |
| the check of the Statewide Sex Offender Database, the school | 36 |
| district or regional superintendent shall notify an applicant |
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| as to whether or not the applicant has been identified in the | 2 |
| Database as a sex offender. If a check of
an applicant for | 3 |
| employment as a substitute or concurrent part-time teacher
or | 4 |
| concurrent educational support personnel employee in more than | 5 |
| one
school district was requested by the regional | 6 |
| superintendent, and the
Department of State Police upon a check | 7 |
| ascertains that the applicant
has not been convicted of any of | 8 |
| the enumerated criminal or drug offenses
in subsection (c)
or | 9 |
| has not been convicted, within 7 years of the
application for
| 10 |
| employment with the
school district, of any other felony under | 11 |
| the laws of this State or of any
offense committed or attempted | 12 |
| in any other state or against the laws of
the United States | 13 |
| that, if committed or attempted in this State, would
have been | 14 |
| punishable as a felony under the laws of this State
and so | 15 |
| notifies the regional
superintendent and if the regional | 16 |
| superintendent upon a check ascertains that the applicant has | 17 |
| not been identified in the Sex Offender Database as a sex | 18 |
| offender, then the
regional superintendent shall issue to the | 19 |
| applicant a certificate
evidencing that as of the date | 20 |
| specified by the Department of State Police
the applicant has | 21 |
| not been convicted of any of the enumerated criminal or
drug | 22 |
| offenses in subsection (c)
or has not been
convicted, within 7 | 23 |
| years of the application for employment with the
school | 24 |
| district, of any other felony under the laws of this State or | 25 |
| of any
offense committed or attempted in any other state or | 26 |
| against the laws of
the United States that, if committed or | 27 |
| attempted in this State, would
have been punishable as a felony | 28 |
| under the laws of this State and evidencing that as of the date | 29 |
| that the regional superintendent conducted a check of the | 30 |
| Statewide Sex Offender Database, the applicant has not been | 31 |
| identified in the Database as a sex offender. The school
board | 32 |
| of
any
school district
located in the educational service | 33 |
| region served by the regional
superintendent who issues such a | 34 |
| certificate to an applicant for employment
as a substitute | 35 |
| teacher in more than one such district may rely on the
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| certificate issued by the regional superintendent to that |
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| applicant, or may
initiate its own criminal history records | 2 |
| check of the applicant through the Department of
State Police | 3 |
| and its own check of the Statewide Sex Offender Database as | 4 |
| provided in subsection (a). Any person who releases any
| 5 |
| confidential information concerning any criminal convictions | 6 |
| of an
applicant for employment shall be guilty of a Class A | 7 |
| misdemeanor, unless
the release of such information is | 8 |
| authorized by this Section.
| 9 |
| (c) No school board shall knowingly employ a person who has | 10 |
| been
convicted for committing attempted first degree murder or | 11 |
| for committing or
attempting to commit first degree murder or a | 12 |
| Class X felony or any one or
more of the
following offenses: | 13 |
| (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
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| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | 15 |
| 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | 16 |
| Criminal Code of 1961; (ii)
those defined in the Cannabis | 17 |
| Control Act except those defined in Sections
4(a), 4(b) and | 18 |
| 5(a) of that Act; (iii) those defined in the Illinois
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| Controlled Substances Act; (iv) those defined in the | 20 |
| Methamphetamine Control and Community Protection Act; and (v) | 21 |
| any
offense committed or attempted in
any other state or | 22 |
| against the laws of the United States, which if
committed or | 23 |
| attempted in this State, would have been punishable as one or
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| more of the foregoing offenses.
Further, no school board shall | 25 |
| knowingly employ a person who has been found
to be the | 26 |
| perpetrator of sexual or physical abuse of any minor under 18 | 27 |
| years
of age pursuant to proceedings under Article II of the | 28 |
| Juvenile Court Act of
1987.
| 29 |
| (d) No school board shall knowingly employ a person for | 30 |
| whom a criminal
history records check and a Statewide Sex | 31 |
| Offender Database check has not been initiated.
| 32 |
| (e) Upon receipt of the record of a conviction of or a | 33 |
| finding of child
abuse by a holder of any
certificate issued | 34 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 35 |
| Code, the appropriate regional superintendent of schools or the
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| State Superintendent of Education shall initiate the |
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| certificate suspension
and revocation proceedings authorized | 2 |
| by law.
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| (f) After January 1, 1990 the provisions of this Section | 4 |
| shall apply
to all employees of persons or firms holding | 5 |
| contracts with any school
district including, but not limited | 6 |
| to, food service workers, school bus
drivers and other | 7 |
| transportation employees, who have direct, daily contact
with | 8 |
| the pupils of any school in such district. For purposes of | 9 |
| criminal
history records checks and checks of the Statewide Sex | 10 |
| Offender Database on employees of persons or firms holding
| 11 |
| contracts with more than one school district and assigned to | 12 |
| more than one
school district, the regional superintendent of | 13 |
| the educational service
region in which the contracting school | 14 |
| districts are located may, at the
request of any such school | 15 |
| district, be responsible for receiving the
authorization for
a | 16 |
| criminal history records check prepared by each such employee | 17 |
| and
submitting the same to the Department of State Police and | 18 |
| for conducting a check of the Statewide Sex Offender Database | 19 |
| for each employee. Any information
concerning the record of | 20 |
| conviction and identification as a sex offender of any such | 21 |
| employee obtained by the
regional superintendent shall be | 22 |
| promptly reported to the president of the
appropriate school | 23 |
| board or school boards. | 24 |
| (g) The criminal history records check required by this | 25 |
| Section may be conducted by a county sheriff's office or a | 26 |
| municipal police department as provided in Section 3-6040 of | 27 |
| the Counties Code or Section 11-1-12 of the Illinois Municipal | 28 |
| Code.
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| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 30 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 31 |
| (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| 32 |
| Sec. 34-18.5. Criminal history records checks and checks of | 33 |
| the Statewide Sex Offender Database.
| 34 |
| (a) Certified and noncertified applicants for
employment | 35 |
| with the school district are required as a condition of
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SB2588 |
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LRB094 18566 RLC 53901 b |
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| 1 |
| employment to authorize a fingerprint-based criminal history | 2 |
| records check to determine if such applicants
have been | 3 |
| convicted of any of the enumerated criminal or drug offenses in
| 4 |
| subsection (c) of this Section or have been
convicted, within 7 | 5 |
| years of the application for employment with the
school | 6 |
| district, of any other felony under the laws of this State or | 7 |
| of any
offense committed or attempted in any other state or | 8 |
| against the laws of
the United States that, if committed or | 9 |
| attempted in this State, would
have been punishable as a felony | 10 |
| under the laws of this State. Authorization
for
the
check shall
| 11 |
| be furnished by the applicant to the school district, except | 12 |
| that if the
applicant is a substitute teacher seeking | 13 |
| employment in more than one
school district, or a teacher | 14 |
| seeking concurrent part-time employment
positions with more | 15 |
| than one school district (as a reading specialist,
special | 16 |
| education teacher or otherwise), or an educational support
| 17 |
| personnel employee seeking employment positions with more than | 18 |
| one
district, any such district may require the applicant to | 19 |
| furnish
authorization for
the check to the regional | 20 |
| superintendent of the
educational service region in which are | 21 |
| located the school districts in
which the applicant is seeking | 22 |
| employment as a substitute or concurrent
part-time teacher or | 23 |
| concurrent educational support personnel employee.
Upon | 24 |
| receipt of this authorization, the school district or the | 25 |
| appropriate
regional superintendent, as the case may be, shall | 26 |
| submit the applicant's
name, sex, race, date of birth, social | 27 |
| security number, fingerprint images, and other identifiers, as | 28 |
| prescribed by the Department
of State Police, to the | 29 |
| Department. The regional
superintendent submitting the | 30 |
| requisite information to the Department of
State Police shall | 31 |
| promptly notify the school districts in which the
applicant is | 32 |
| seeking employment as a substitute or concurrent part-time
| 33 |
| teacher or concurrent educational support personnel employee | 34 |
| that
the
check of the applicant has been requested. The | 35 |
| Department of State
Police and the Federal Bureau of | 36 |
| Investigation shall furnish, pursuant to a fingerprint-based |
|
|
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SB2588 |
- 10 - |
LRB094 18566 RLC 53901 b |
|
| 1 |
| criminal history records check, records of convictions, until | 2 |
| expunged, to the president of the school board for the school | 3 |
| district that requested the check, or to the regional | 4 |
| superintendent who requested the check. The
Department shall | 5 |
| charge
the school district
or the appropriate regional | 6 |
| superintendent a fee for
conducting
such check, which fee shall | 7 |
| be deposited in the State
Police Services Fund and shall not | 8 |
| exceed the cost of the inquiry; and the
applicant shall not be | 9 |
| charged a fee for
such check by the school
district or by the | 10 |
| regional superintendent. Subject to appropriations for these | 11 |
| purposes, the State Superintendent of Education shall | 12 |
| reimburse the school district and regional superintendent for | 13 |
| fees paid to obtain criminal history records checks under this | 14 |
| Section.
| 15 |
| (a-5) The school district or regional superintendent shall | 16 |
| further perform a check of the Statewide Sex Offender Database, | 17 |
| as authorized by the Sex Offender and Child Murderer Community | 18 |
| Notification Law, for each applicant.
| 19 |
| (b) Any
information concerning the record of convictions | 20 |
| obtained by the president
of the board of education or the | 21 |
| regional superintendent shall be
confidential and may only be | 22 |
| transmitted to the general superintendent of
the school | 23 |
| district or his designee, the appropriate regional
| 24 |
| superintendent if
the check was requested by the board of | 25 |
| education
for the school district, the presidents of the | 26 |
| appropriate board of
education or school boards if
the check | 27 |
| was requested from the
Department of State Police by the | 28 |
| regional superintendent, the State
Superintendent of | 29 |
| Education, the State Teacher Certification Board or any
other | 30 |
| person necessary to the decision of hiring the applicant for
| 31 |
| employment. A copy of the record of convictions obtained from | 32 |
| the
Department of State Police shall be provided to the | 33 |
| applicant for
employment. Upon the check of the Statewide Sex | 34 |
| Offender Database, the school district or regional | 35 |
| superintendent shall notify an applicant as to whether or not | 36 |
| the applicant has been identified in the Database as a sex |
|
|
|
SB2588 |
- 11 - |
LRB094 18566 RLC 53901 b |
|
| 1 |
| offender. If a check of an applicant for employment as a
| 2 |
| substitute or concurrent part-time teacher or concurrent | 3 |
| educational
support personnel employee in more than one school | 4 |
| district was requested
by the regional superintendent, and the | 5 |
| Department of State Police upon
a check ascertains that the | 6 |
| applicant has not been convicted of any
of the enumerated | 7 |
| criminal or drug offenses in subsection (c)
or has not been
| 8 |
| convicted,
within 7 years of the application for employment | 9 |
| with the
school district, of any other felony under the laws of | 10 |
| this State or of any
offense committed or attempted in any | 11 |
| other state or against the laws of
the United States that, if | 12 |
| committed or attempted in this State, would
have been | 13 |
| punishable as a felony under the laws of this State and so
| 14 |
| notifies the regional superintendent and if the regional | 15 |
| superintendent upon a check ascertains that the applicant has | 16 |
| not been identified in the Sex Offender Database as a sex | 17 |
| offender, then the regional superintendent
shall issue to the | 18 |
| applicant a certificate evidencing that as of the date
| 19 |
| specified by the Department of State Police the applicant has | 20 |
| not been
convicted of any of the enumerated criminal or drug | 21 |
| offenses in subsection
(c)
or has not been
convicted, within 7 | 22 |
| years of the application for employment with the
school | 23 |
| district, of any other felony under the laws of this State or | 24 |
| of any
offense committed or attempted in any other state or | 25 |
| against the laws of
the United States that, if committed or | 26 |
| attempted in this State, would
have been punishable as a felony | 27 |
| under the laws of this State and evidencing that as of the date | 28 |
| that the regional superintendent conducted a check of the | 29 |
| Statewide Sex Offender Database, the applicant has not been | 30 |
| identified in the Database as a sex offender. The school
board | 31 |
| of any school district located
in
the educational
service | 32 |
| region served by the regional superintendent who issues such a
| 33 |
| certificate to an applicant for employment as a substitute or | 34 |
| concurrent
part-time teacher or concurrent educational support | 35 |
| personnel employee in more
than one such district may rely on | 36 |
| the certificate issued by the regional
superintendent to that |
|
|
|
SB2588 |
- 12 - |
LRB094 18566 RLC 53901 b |
|
| 1 |
| applicant, or may initiate its own criminal history records | 2 |
| check of
the applicant through the Department of State Police | 3 |
| and its own check of the Statewide Sex Offender Database as | 4 |
| provided in
subsection (a). Any person who releases any | 5 |
| confidential information
concerning any criminal convictions | 6 |
| of an applicant for employment shall be
guilty of a Class A | 7 |
| misdemeanor, unless the release of such information is
| 8 |
| authorized by this Section.
| 9 |
| (c) The board of education shall not knowingly employ a | 10 |
| person who has
been convicted for committing attempted first | 11 |
| degree murder or for
committing or attempting to commit first | 12 |
| degree murder or a Class X felony
or any one or more of the
| 13 |
| following offenses: (i) those defined in Sections 11-6, 11-9, | 14 |
| 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | 15 |
| 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | 16 |
| and 12-16 of the Criminal Code of
1961; (ii) those defined in | 17 |
| the Cannabis Control Act,
except those defined in Sections | 18 |
| 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | 19 |
| Illinois Controlled Substances Act;
(iv) those defined in the | 20 |
| Methamphetamine Control and Community Protection Act; and (v) | 21 |
| any
offense committed or attempted in any other state or | 22 |
| against the laws of
the United States, which if committed or | 23 |
| attempted in this State, would
have been punishable as one or | 24 |
| more of the foregoing offenses.
Further, the board of education | 25 |
| shall not knowingly employ a person who has
been found to be | 26 |
| the perpetrator of sexual or physical abuse of any minor under
| 27 |
| 18 years of age pursuant to proceedings under Article II of the | 28 |
| Juvenile Court
Act of 1987.
| 29 |
| (d) The board of education shall not knowingly employ a | 30 |
| person for whom
a criminal history records check and a | 31 |
| Statewide Sex Offender Database check has not been initiated.
| 32 |
| (e) Upon receipt of the record of a conviction of or a | 33 |
| finding of child
abuse by a holder of any
certificate issued | 34 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 35 |
| Code, the board of education or the State Superintendent of
| 36 |
| Education shall initiate the certificate suspension and |
|
|
|
SB2588 |
- 13 - |
LRB094 18566 RLC 53901 b |
|
| 1 |
| revocation
proceedings authorized by law.
| 2 |
| (f) After March 19, 1990, the provisions of this Section | 3 |
| shall apply to
all employees of persons or firms holding | 4 |
| contracts with any school district
including, but not limited | 5 |
| to, food service workers, school bus drivers and
other | 6 |
| transportation employees, who have direct, daily contact with | 7 |
| the
pupils of any school in such district. For purposes of | 8 |
| criminal history records checks and checks of the Statewide Sex | 9 |
| Offender Database on employees of persons or firms holding | 10 |
| contracts with more
than one school district and assigned to | 11 |
| more than one school district, the
regional superintendent of | 12 |
| the educational service region in which the
contracting school | 13 |
| districts are located may, at the request of any such
school | 14 |
| district, be responsible for receiving the authorization for
a | 15 |
| criminal history records check prepared by each such employee | 16 |
| and submitting the same to the
Department of State Police and | 17 |
| for conducting a check of the Statewide Sex Offender Database | 18 |
| for each employee. Any information concerning the record of
| 19 |
| conviction and identification as a sex offender of any such | 20 |
| employee obtained by the regional superintendent
shall be | 21 |
| promptly reported to the president of the appropriate school | 22 |
| board
or school boards.
| 23 |
| (g) The criminal history records check required by this | 24 |
| Section may be conducted by a county sheriff's office or a | 25 |
| municipal police department as provided in Section 3-6040 of | 26 |
| the Counties Code or Section 11-1-12 of the Illinois Municipal | 27 |
| Code.
| 28 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 29 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
|
|