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Public Act 099-0884
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| SB3005 Enrolled | LRB099 18897 MJP 43284 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 |
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 |
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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 |
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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 |
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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 |
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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
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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
|
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 |
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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 |
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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) 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 |
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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; |