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Public Act 099-0884 | ||||
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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 | ||||
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 with a park district is | ||||
required as
a condition of employment to authorize an | ||||
investigation to determine if
the applicant has been convicted | ||||
of any of the enumerated criminal or drug offenses in | ||||
subsection (c) or (d) of this Section , or adjudicated a | ||||
delinquent minor for , any of the enumerated criminal or drug
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offenses in subsection (c) or (d) of this Section , or has been
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convicted, within 7 years of the application for employment | ||||
with the
park district, of any other felony under the laws of | ||||
this State or of any
offense committed or attempted in any | ||||
other state or against the laws of
the United States that, if | ||||
committed or attempted in this State, would
have been | ||||
punishable as a felony under the laws of this State. | ||||
Authorization
for the
investigation shall be furnished by the | ||||
applicant to the park district.
Upon receipt of this | ||||
authorization, the park district shall submit the
applicant's |
name, sex, race, date of birth, and social security number to
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the Department of State Police on forms prescribed by the | ||
Department of
State Police. The Department of State Police | ||
shall conduct a search of the
Illinois criminal history records | ||
database to ascertain if the applicant being considered for
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employment has been convicted of any of the enumerated criminal | ||
or drug offenses in subsection (c) or (d) of this Section , or | ||
adjudicated a delinquent minor for , committing or attempting to | ||
commit any of
the enumerated criminal or drug
offenses
in | ||
subsection (c) or (d) of this Section , or
has been convicted of | ||
committing or attempting to commit, within 7 years of
the | ||
application for employment with
the
park district, any other | ||
felony under the laws of this State. The
Department
of
State | ||
Police shall charge the park district a fee for conducting the
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investigation, which fee shall be deposited in the State Police | ||
Services
Fund and shall not exceed the cost of the inquiry. The | ||
applicant shall
not be charged a fee by the park district for | ||
the investigation.
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(b) If the search of the Illinois criminal history record | ||
database
indicates that the applicant has been convicted of any | ||
of the enumerated criminal or drug offenses in subsection (c) | ||
or (d) , or adjudicated a delinquent minor for , committing or | ||
attempting to
commit any of the enumerated criminal or drug | ||
offenses in subsection (c) or (d), or has
been convicted of | ||
committing or attempting to commit, within 7 years of the
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application for employment with the park district, any other |
felony under the
laws of this State, the Department of State | ||
Police and the Federal Bureau
of
Investigation shall furnish, | ||
pursuant to
a fingerprint based background check, records
of | ||
convictions or adjudications as a delinquent minor, until | ||
expunged, to the
president of the park district. Any | ||
information concerning the record of
convictions or | ||
adjudications as a delinquent minor obtained by the president | ||
shall be confidential and may only
be transmitted to those | ||
persons who are necessary to the decision on whether to
hire | ||
the
applicant for employment. A copy of the record of | ||
convictions or adjudications as a delinquent minor obtained
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from the Department of State Police shall be provided to the | ||
applicant for
employment. Any person who releases any | ||
confidential information
concerning any criminal convictions | ||
or adjudications as a delinquent minor of an applicant for | ||
employment shall
be guilty of a Class A misdemeanor, unless the | ||
release of such
information is authorized by this Section.
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(c) No park district shall knowingly employ a person who | ||
has been
convicted, or adjudicated a delinquent minor, for | ||
committing attempted first degree murder or
for committing
or | ||
attempting to commit first degree murder, a Class X felony, or | ||
any
one or more of the following criminal offenses: (i) those | ||
defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 11-6,
11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 |
felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, | ||
and 12-16 of
the Criminal Code of 1961 or the Criminal Code of | ||
2012; (ii) (blank); those defined in the Cannabis Control Act,
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except those defined in Sections 4(a), 4(b), and 5(a) of that | ||
Act; (iii) (blank); those
defined in the Illinois Controlled | ||
Substances Act; (iv) (blank); those defined in the | ||
Methamphetamine Control and Community Protection Act; and (v) | ||
any offense
committed or attempted in any other state or | ||
against the laws of the
United States, which, if committed or | ||
attempted in this State, would have
been punishable as one or | ||
more of the foregoing offenses. Further, no
park district shall | ||
knowingly employ a person who has been found to be
the | ||
perpetrator of sexual or physical abuse of any minor under 18 | ||
years
of age pursuant to proceedings under Article II of the | ||
Juvenile Court Act
of 1987. No park district shall knowingly | ||
employ a person for whom a
criminal background investigation | ||
has not been initiated. | ||
(d) No park district shall knowingly employ a person who | ||
has been convicted of the following drug offenses, other than | ||
an offense set forth in subsection (c), until 7 years following | ||
the end of the sentence imposed for any of the following | ||
offenses: (i) those defined in the Cannabis Control Act, except | ||
those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of | ||
that Act; (ii) those defined in the Illinois Controlled | ||
Substances Act; (iii) those defined in the Methamphetamine | ||
Control and Community Protection Act; and (iv) any offense |
committed or attempted in any other state or against the laws | ||
of the United States, which, if committed or attempted in this | ||
State, would have been punishable as one or more of the | ||
foregoing offenses. For purposes of this paragraph, "sentence" | ||
includes any period of supervision or probation that was | ||
imposed either alone or in combination with a period of | ||
incarceration. | ||
(e) Notwithstanding the provisions of subsections (c) and | ||
(d), a park district may, in its discretion, employ a person | ||
who has been granted a certificate of good conduct under | ||
Section 5-5.5-25 of the Unified Code of Corrections by the | ||
circuit court.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | ||
97-1150, eff. 1-25-13.)
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Section 10. The Chicago Park District Act is amended by | ||
changing Section 16a-5 as follows:
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(70 ILCS 1505/16a-5)
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Sec. 16a-5. Criminal background investigations.
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(a) An applicant for employment with the Chicago Park | ||
District is
required as a condition of employment to authorize | ||
an investigation to
determine if the applicant has been | ||
convicted of any of the enumerated criminal or drug offenses in | ||
subsection (c) or (d) of this Section , or adjudicated a | ||
delinquent minor for , any of the enumerated criminal
or drug
|
offenses in subsection (c) or (d) of this Section ,
or has been | ||
convicted, within 7 years of the application for employment | ||
with
the Chicago Park District, of any other felony under the | ||
laws of this State or
of any
offense committed or attempted in | ||
any other state or against the laws of
the United States that, | ||
if committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State. | ||
Authorization
for the investigation shall be furnished by the | ||
applicant to the Chicago
Park District. Upon receipt of this | ||
authorization, the Chicago Park
District shall submit the | ||
applicant's name, sex, race, date of birth, and
social security | ||
number to the Department of State Police on forms
prescribed by | ||
the Department of State Police. The Department of State
Police | ||
shall conduct a search of the Illinois criminal history record
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information database to ascertain if the applicant being
| ||
considered for employment has been convicted of any of the | ||
enumerated criminal or drug offenses in subsection (c) or (d) | ||
of this Section , or adjudicated a delinquent minor for , | ||
committing or attempting to
commit any of the enumerated | ||
criminal
or drug
offenses in subsection (c) or (d) of this | ||
Section , or has been
convicted , of committing or attempting to | ||
commit , within 7 years of the
application for employment with | ||
the
Chicago Park District, any other felony under the laws of | ||
this State. The
Department of State Police shall charge the | ||
Chicago Park District a fee
for conducting the investigation, | ||
which fee shall be deposited in the State
Police Services Fund |
and shall not exceed the cost of the inquiry. The
applicant | ||
shall not be charged a fee by the Chicago Park District for the
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investigation.
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(b) If the search of the Illinois criminal history record | ||
database
indicates that the applicant has been convicted of any | ||
of the enumerated criminal or drug offenses in subsection (c) | ||
or (d) , or adjudicated a delinquent minor for , committing or | ||
attempting to
commit any of the enumerated criminal or drug | ||
offenses in subsection (c) or (d), or has
been convicted of | ||
committing or attempting to commit, within 7 years of the
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application for employment with the Chicago Park District, any | ||
other felony
under the laws of this State, the Department of | ||
State Police and the
Federal Bureau of
Investigation shall | ||
furnish, pursuant to
a fingerprint based background check, | ||
records
of convictions or adjudications as a delinquent minor, | ||
until expunged, to the
General Superintendent and Chief | ||
Executive Officer of the Chicago Park
District. Any information | ||
concerning the
record of convictions or adjudications as a | ||
delinquent minor obtained by the General Superintendent and | ||
Chief
Executive Officer shall be confidential and
may only be | ||
transmitted to those persons who are necessary to the decision | ||
on
whether to hire the applicant for employment. A copy of the | ||
record of
convictions or adjudications as a delinquent minor | ||
obtained from the Department of State Police shall be provided | ||
to the
applicant for employment. Any person who releases any | ||
confidential
information concerning any criminal convictions |
or adjudications as a delinquent minor of an applicant for
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employment shall be guilty of a Class A misdemeanor, unless the | ||
release
of such information is authorized by this Section.
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(c) The Chicago Park District may not knowingly employ a | ||
person
who has been convicted, or adjudicated a delinquent | ||
minor, for committing attempted first degree murder
or for | ||
committing or attempting to commit first degree murder, a Class | ||
X felony,
or
any one or more of the following criminal | ||
offenses: (i) those defined in
Sections 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3, | ||
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, | ||
11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if | ||
convicted of a Class 4 felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, | ||
12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012; (ii) (blank); those defined in | ||
the
Cannabis Control Act, except those defined in Sections | ||
4(a), 4(b), and
5(a) of that Act; (iii) (blank); those defined | ||
in the Illinois Controlled Substances
Act; (iv) (blank); those | ||
defined in the Methamphetamine Control and Community | ||
Protection Act; and (v) any offense committed or attempted in | ||
any
other state or
against the laws of the United States, | ||
which, if committed or attempted in
this State, would have been | ||
punishable as one or more of the foregoing
offenses. Further, | ||
the Chicago Park District may not knowingly employ a
person who | ||
has been found to be the perpetrator of sexual or physical
| ||
abuse of any minor under 18 years of age pursuant to |
proceedings under
Article II of the Juvenile Court Act of 1987. | ||
The Chicago Park District
may not knowingly employ a person for | ||
whom a criminal background
investigation has not been | ||
initiated.
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(d) The Chicago Park District shall not knowingly employ a | ||
person who has been convicted of the following drug offenses, | ||
other than an offense set forth in subsection (c), until 7 | ||
years following the end of the sentence imposed for any of the | ||
following offenses: (i) those defined in the Cannabis Control | ||
Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), | ||
and 5(b) of that Act; (ii) those defined in the Illinois | ||
Controlled Substances Act; (iii) those defined in the | ||
Methamphetamine Control and Community Protection Act; and (iv) | ||
any offense committed or attempted in any other state or | ||
against the laws of the United States, which, if committed or | ||
attempted in this State, would have been punishable as one or | ||
more of the foregoing offenses. For purposes of this paragraph, | ||
"sentence" includes any period of supervision or probation that | ||
was imposed either alone or in combination with a period of | ||
incarceration. | ||
(e) Notwithstanding the provisions of subsection (c) or | ||
(d), the Chicago Park District may, in its discretion, employ a | ||
person who has been granted a certificate of good conduct under | ||
Section 5-5.5-25 of the Unified Code of Corrections by the | ||
Circuit Court. | ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; |
97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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