Full Text of HB4162 096th General Assembly
HB4162 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4162
Introduced 2/27/2009, by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
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Amends the Park District Code. Requires criminal background investigations for persons wishing to participate as a coach or official in a youth sports program. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY |
FISCAL NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4162 |
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LRB096 10380 RLJ 20550 b |
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| AN ACT concerning local government.
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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 Park District Code is amended by changing | 5 |
| Section 8-23 as follows:
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| (70 ILCS 1205/8-23)
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| Sec. 8-23. Criminal background investigations.
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| (a) An applicant for employment or for permission to | 9 |
| participate as a coach or official in a youth sports program | 10 |
| with a park district is required as
a condition of employment | 11 |
| or participation to authorize an investigation to determine if
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| the applicant has been convicted of any of the enumerated | 13 |
| criminal or drug
offenses in subsection (c) of this Section or | 14 |
| has been
convicted, within 7 years of the application for | 15 |
| employment or participation with the
park district, of any | 16 |
| other felony under the laws of this State or of any
offense | 17 |
| committed or attempted in any other state or against the laws | 18 |
| of
the United States that, if committed or attempted in this | 19 |
| State, would
have been punishable as a felony under the laws of | 20 |
| this State. Authorization
for the
investigation shall be | 21 |
| furnished by the applicant to the park district.
Upon receipt | 22 |
| of this authorization, the park district shall submit the
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| applicant's name, sex, race, date of birth, and social security |
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HB4162 |
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LRB096 10380 RLJ 20550 b |
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| number to
the Department of State Police on forms prescribed by | 2 |
| the 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
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| employment or participation has been convicted of committing or | 6 |
| attempting to commit any of
the enumerated criminal or drug
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| offenses
in subsection (c) of this Section or
has been | 8 |
| convicted of committing or attempting to commit, within 7 years | 9 |
| of
the application for employment or participation with
the
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| park district, any other felony under the laws of this State. | 11 |
| The
Department
of
State Police shall charge the park district a | 12 |
| fee for conducting the
investigation, which fee shall be | 13 |
| deposited in the State Police Services
Fund and shall not | 14 |
| exceed the cost of the inquiry. The applicant shall
not be | 15 |
| charged a fee by the park district for the investigation.
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| (b) If the search of the Illinois criminal history record | 17 |
| database
indicates that the applicant has been convicted of | 18 |
| committing or attempting to
commit any of the enumerated | 19 |
| criminal or drug offenses in subsection (c) or has
been | 20 |
| convicted of committing or attempting to commit, within 7 years | 21 |
| of the
application for employment or participation with the | 22 |
| park district, any other felony under the
laws of this State, | 23 |
| the Department of State Police and the Federal Bureau
of
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| Investigation shall furnish, pursuant to
a fingerprint based | 25 |
| background check, records
of convictions, until expunged, to | 26 |
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president of the park district. Any information concerning |
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HB4162 |
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LRB096 10380 RLJ 20550 b |
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| the record of
convictions obtained by the president shall be | 2 |
| confidential and may only
be transmitted to those persons who | 3 |
| are necessary to the decision on whether to
hire the
applicant | 4 |
| for employment or allow the applicant to participate . A copy of | 5 |
| the record of convictions obtained
from the Department of State | 6 |
| Police shall be provided to the applicant for
employment or | 7 |
| participation . Any person who releases any confidential | 8 |
| information
concerning any criminal convictions of an | 9 |
| applicant for employment or participation shall
be guilty of a | 10 |
| Class A misdemeanor, unless the release of such
information is | 11 |
| authorized by this Section.
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| (c) No park district shall knowingly employ a person or | 13 |
| allow the participation of any person who has been
convicted | 14 |
| for committing attempted first degree murder or
for committing
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| or attempting to commit first degree murder, a Class X felony, | 16 |
| or any
one or more of the following offenses: (i) those defined | 17 |
| in Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 18 |
| 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 12-13, | 19 |
| 12-14, 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961; | 20 |
| (ii) those defined in the Cannabis Control Act,
except those | 21 |
| defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii) | 22 |
| those
defined in the Illinois Controlled Substances Act; (iv) | 23 |
| those defined in the Methamphetamine Control and Community | 24 |
| Protection Act; and (v) any offense
committed or attempted in | 25 |
| any other state or against the laws of the
United States, | 26 |
| which, if committed or attempted in this State, would have
been |
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HB4162 |
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LRB096 10380 RLJ 20550 b |
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| punishable as one or more of the foregoing offenses. Further, | 2 |
| no
park district shall knowingly employ a person who has been | 3 |
| found to be
the perpetrator of sexual or physical abuse of any | 4 |
| minor under 18 years
of age pursuant to proceedings under | 5 |
| Article II of the Juvenile Court Act
of 1987. No park district | 6 |
| shall knowingly employ a person or allow a person to | 7 |
| participate for whom a
criminal background investigation has | 8 |
| not been initiated.
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| (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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