State of Illinois
92nd General Assembly
Legislation

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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  may  shall  submit  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 park
15    district  shall knowingly employ a person for whom a criminal
16    background 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 may shall submit 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.  The
27    Chicago  Park  District may not knowingly employ a person for
28    whom  a  criminal  background  investigation  has  not   been
29    initiated.
30    (Source: P.A. 91-885, eff. 7-6-00.)

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