[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB1846 LRB9205617TAtm 1 AN ACT concerning park districts. 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 11 convicted of any of the enumerated criminal or drug offenses 12 in subsection (c) of this Section or has been convicted, 13 within 7 years of the application for employment with the 14 park district, of any other felony under the laws of this 15 State or of any offense committed or attempted in any other 16 state or against the laws of the United States that, if 17 committed or attempted in this State, would have been 18 punishable as a felony under the laws of this State. 19 Authorization for the investigation shall be furnished by the 20 applicant to the park district. Upon receipt of this 21 authorization, the park district mayshallsubmit the 22 applicant's name, sex, race, date of birth, and social 23 security number to the Department of State Police on forms 24 prescribed by the Department of State Police. Upon 25 submission the Department of State Police shall conduct an 26 investigation to ascertain if the applicant being considered 27 for employment has been convicted of any of the enumerated 28 criminal or drug offenses in subsection (c) of this Section 29 or has been convicted, within 7 years of the application for 30 employment with the park district, of any other felony under 31 the laws of this State or of any offense committed or -2- LRB9205617TAtm 1 attempted in any other state or against the laws of the 2 United States that, if committed or attempted in this State, 3 would have been punishable as a felony under the laws of this 4 State. The Department of State Police shall charge the park 5 district a fee for conducting the investigation, which fee 6 shall be deposited in the State Police Services Fund and 7 shall not exceed the cost of the inquiry. The applicant 8 shall not be charged a fee by the park district for the 9 investigation. 10 (b) The Department of State Police shall furnish, 11 pursuant to positive identification, records of convictions, 12 until expunged, to the president of the park district or his 13 or her designee. Any information concerning the record of 14 convictions obtained by the president or his or her designee 15 shall be confidential and may only be transmitted to those 16 persons who are necessary to the decision on whether to hire 17 the applicant for employment. A copy of the record of 18 convictions obtained from the Department of State Police 19 shall be provided to the applicant for employment. Any 20 person who releases any confidential information concerning 21 any criminal convictions of an applicant for employment shall 22 be guilty of a Class A misdemeanor, unless the release of 23 such information is authorized by this Section. 24 (c) No park district that has authorized an 25 investigation shall knowingly employ a person who has been 26 convicted for committing attempted first degree murder or for 27 committing or attempting to commit first degree murder, a 28 Class X felony, or any one or more of the following offenses: 29 (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 30 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 31 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of 32 the Criminal Code of 1961; (ii) those defined in the Cannabis 33 Control Act, except those defined in Sections 4(a), 4(b), and 34 5(a) of that Act; (iii) those defined in the Illinois -3- LRB9205617TAtm 1 Controlled Substances Act; and (iv) any offense committed or 2 attempted in any other state or against the laws of the 3 United States, which, if committed or attempted in this 4 State, would have been punishable as one or more of the 5 foregoing offenses. Further, no park district that has 6 authorized an investigation shall knowingly employ a person 7 who has been found to be the perpetrator of sexual or 8 physical abuse of any minor under 18 years of age pursuant to 9 proceedings under Article II of the Juvenile Court Act of 10 1987. A park district is not required to conduct an 11 investigation on any individual who is (1) under 18 years of 12 age, (2) a seasonal employee as determined by the Department 13 of Labor, or (3) an employee rehired within an 18-month 14 period upon whom an investigation has been conducted.No park15district shall knowingly employ a person for whom a criminal16background investigation has not been initiated.17 (Source: P.A. 91-885, eff. 7-6-00.) 18 (70 ILCS 1505/16a-5) 19 Sec. 16a-5. Criminal background investigations. 20 (a) An applicant for employment with the Chicago Park 21 District is required as a condition of employment to 22 authorize an investigation to determine if the applicant has 23 been convicted of any of the enumerated criminal or drug 24 offenses in subsection (c) of this Section or has been 25 convicted, within 7 years of the application for employment 26 with the Chicago Park District, of any other felony under the 27 laws of this State or of any offense committed or attempted 28 in any other state or against the laws of the United States 29 that, if committed or attempted in this State, would have 30 been punishable as a felony under the laws of this State. 31 Authorization for the investigation shall be furnished by the 32 applicant to the Chicago Park District. Upon receipt of this 33 authorization, the Chicago Park District mayshallsubmit the -4- LRB9205617TAtm 1 applicant's name, sex, race, date of birth, and social 2 security number to the Department of State Police on forms 3 prescribed by the Department of State Police. Upon 4 submission the Department of State Police shall conduct an 5 investigation to ascertain if the applicant being considered 6 for employment has been convicted of any of the enumerated 7 criminal or drug offenses in subsection (c) of this Section 8 or has been convicted, within 7 years of the application for 9 employment with the Chicago Park District, of any other 10 felony under the laws of this State or of any offense 11 committed or attempted in any other state or against the laws 12 of the United States that, if committed or attempted in this 13 State, would have been punishable as a felony under the laws 14 of this State. The Department of State Police shall charge 15 the Chicago Park District a fee for conducting the 16 investigation, which fee shall be deposited in the State 17 Police Services Fund and shall not exceed the cost of the 18 inquiry. The applicant shall not be charged a fee by the 19 Chicago Park District for the investigation. 20 (b) The Department of State Police shall furnish, 21 pursuant to positive identification, records of convictions, 22 until expunged, to the General Superintendent and Chief 23 Executive Officer of the Chicago Park District or his or her 24 designee. Any information concerning the record of 25 convictions obtained by the General Superintendent and Chief 26 Executive Officer or his or her designee shall be 27 confidential and may only be transmitted to those persons who 28 are necessary to the decision on whether to hire the 29 applicant for employment. A copy of the record of 30 convictions obtained from the Department of State Police 31 shall be provided to the applicant for employment. Any 32 person who releases any confidential information concerning 33 any criminal convictions of an applicant for employment shall 34 be guilty of a Class A misdemeanor, unless the release of -5- LRB9205617TAtm 1 such information is authorized by this Section. 2 (c) When the Chicago Park District has authorized an 3 investigation, it may not knowingly employ a person who has 4 been convicted for committing attempted first degree murder 5 or for committing or attempting to commit first degree 6 murder, a Class X felony, or any one or more of the following 7 offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 8 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 9 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 10 12-16 of the Criminal Code of 1961; (ii) those defined in the 11 Cannabis Control Act, except those defined in Sections 4(a), 12 4(b), and 5(a) of that Act; (iii) those defined in the 13 Illinois Controlled Substances Act; and (iv) any offense 14 committed or attempted in any other state or against the laws 15 of the United States, which, if committed or attempted in 16 this State, would have been punishable as one or more of the 17 foregoing offenses. Further, when the Chicago Park District 18 has authorized an investigation, it may not knowingly employ 19 a person who has been found to be the perpetrator of sexual 20 or physical abuse of any minor under 18 years of age pursuant 21 to proceedings under Article II of the Juvenile Court Act of 22 1987. The Chicago Park District is not required to conduct an 23 investigation on any individual who is (1) under 18 years of 24 age, (2) a seasonal employee as determined by the Department 25 of Labor, or (3) an employee rehired within an 18-month 26 period upon whom an investigation has been conducted.The27Chicago Park District may not knowingly employ a person for28whom a criminal background investigation has not been29initiated. 30 (Source: P.A. 91-885, eff. 7-6-00.)