Full Text of HB4472 98th General Assembly
HB4472 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4472 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| |
Amends the Chicago Park District Act. Makes a technical change in a Section concerning criminal background investigations.
|
| |
| | A BILL FOR |
|
| | | HB4472 | | LRB098 19050 JLK 54200 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 Chicago Park District Act is amended by | 5 | | changing Section 16a-5 as follows:
| 6 | | (70 ILCS 1505/16a-5)
| 7 | | Sec. 16a-5. Criminal background investigations.
| 8 | | (a) An applicant for employment with the the Chicago Park | 9 | | District is
required as a condition of employment to authorize | 10 | | an investigation to
determine if 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 Chicago Park District, of | 15 | | any other felony under the laws of this State or
of any
offense | 16 | | committed or attempted in any other state or against the laws | 17 | | of
the United States that, if committed or attempted in this | 18 | | State, would
have been punishable as a felony under the laws of | 19 | | this State. Authorization
for the investigation shall be | 20 | | furnished by the applicant to the Chicago
Park District. Upon | 21 | | receipt of this authorization, the Chicago Park
District shall | 22 | | submit the applicant's name, sex, race, date of birth, and
| 23 | | social security number to the Department of State Police on |
| | | HB4472 | - 2 - | LRB098 19050 JLK 54200 b |
|
| 1 | | forms
prescribed by the Department of State Police. The | 2 | | Department of State
Police shall conduct a search of the | 3 | | Illinois criminal history record
information database to | 4 | | ascertain if the applicant being
considered for employment has | 5 | | been convicted of, or adjudicated a delinquent minor for, | 6 | | committing or attempting to
commit any of the enumerated | 7 | | criminal
or drug
offenses in subsection (c) of this Section or | 8 | | has been
convicted, of committing or attempting to commit | 9 | | within 7 years of the
application for employment with the
| 10 | | Chicago Park District, any other felony under the laws of this | 11 | | State. The
Department of State Police shall charge the Chicago | 12 | | Park District a fee
for conducting the investigation, which fee | 13 | | shall be deposited in the State
Police Services Fund and shall | 14 | | not exceed the cost of the inquiry. The
applicant shall not be | 15 | | charged a fee by the Chicago Park District for the
| 16 | | 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) or has
been convicted of committing or | 22 | | attempting to commit, within 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 | | and the
Federal Bureau of
Investigation shall furnish, pursuant | 26 | | to
a fingerprint based background check, records
of convictions |
| | | HB4472 | - 3 - | LRB098 19050 JLK 54200 b |
|
| 1 | | or adjudications as a delinquent minor, until expunged, to the
| 2 | | General Superintendent and Chief Executive Officer of the | 3 | | Chicago Park
District. Any information concerning the
record of | 4 | | convictions or adjudications as a delinquent minor obtained by | 5 | | the General Superintendent and Chief
Executive Officer shall be | 6 | | confidential and
may only be transmitted to those persons who | 7 | | are necessary to the decision on
whether to hire the applicant | 8 | | for employment. A copy of the record of
convictions or | 9 | | adjudications as a delinquent minor
obtained from the | 10 | | Department of State Police shall be provided to the
applicant | 11 | | for employment. Any person who releases any confidential
| 12 | | information concerning any criminal convictions or | 13 | | adjudications as a delinquent minor of an applicant for
| 14 | | employment shall be guilty of a Class A misdemeanor, unless the | 15 | | release
of such information is authorized by this Section.
| 16 | | (c) The Chicago Park District may not knowingly employ a | 17 | | person
who has been convicted, or adjudicated a delinquent | 18 | | minor, for committing attempted first degree murder
or for | 19 | | committing or attempting to commit first degree murder, a Class | 20 | | X felony,
or
any one or more of the following offenses: (i) | 21 | | those defined in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 22 | | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | 23 | | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | 24 | | 11-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, | 25 | | 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of | 26 | | 1961 or the Criminal Code of 2012; (ii) those defined in the
|
| | | HB4472 | - 4 - | LRB098 19050 JLK 54200 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, the Chicago Park | 9 | | District may not knowingly employ a
person who has been found | 10 | | to be the perpetrator of sexual or physical
abuse of any minor | 11 | | under 18 years of age pursuant to proceedings under
Article II | 12 | | of the Juvenile Court Act of 1987. The Chicago Park District
| 13 | | may not knowingly employ a person for whom a criminal | 14 | | background
investigation 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.)
|
|