Public Act 93-0418

HB0564 Enrolled                      LRB093 05574 MBS 05666 b

    AN ACT in relation to criminal history records.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Secretary of State Merit Employment Code
is amended by changing Section 10b.1 as follows:

    (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
    Sec.  10b.1.   (a)  Competitive  examinations.   For open
competitive examinations to  test  the  relative  fitness  of
applicants  for  the  respective  positions.   Tests shall be
designed  to  eliminate  those  who  are  not  qualified  for
entrance into the Office of the Secretary  of  State  and  to
discover  the  relative  fitness  of those who are qualified.
The Director may use any one of or  any  combination  of  the
following  examination  methods  which  in  his judgment best
serves this end: investigation of education  and  experience;
test  of  cultural  knowledge;  test  of  capacity;  test  of
knowledge;  test of manual skill; test of linguistic ability;
test  of  character;  test  of  physical   skill;   test   of
psychological   fitness.    No   person   with  a  record  of
misdemeanor convictions except  those  under  Sections  11-6,
11-7,  11-9,  11-14,  11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5,  25-1,  28-3,  31-1,
31-4,   31-6,   31-7,   32-1,  32-2,  32-3,  32-4,  32-8  and
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal  Code
of  1961, or arrested for any cause but not convicted thereon
shall  be  disqualified  from  taking  such  examinations  or
subsequent appointment unless the  person  is  attempting  to
qualify  for  a position which would give him the powers of a
peace officer, in  which  case  the  person's  conviction  or
arrest  record  may  be considered as a factor in determining
the person's fitness  for  the  position.   All  examinations
shall  be  announced  publicly at least 2 weeks in advance of
the date of examinations and may be  advertised  through  the
press, radio or other media.
    The  Director  may, at his discretion, accept the results
of competitive examinations conducted  by  any  merit  system
established  by  Federal  law or by the law of any State, and
may compile eligible lists therefrom or may add the names  of
successful  candidates  in  examinations  conducted  by those
merit systems to existing eligible lists in  accordance  with
their respective ratings.  No person who is a non-resident of
the  State  of  Illinois may be appointed from those eligible
lists, however, unless the  requirement  that  applicants  be
residents  of the State of Illinois is waived by the Director
of Personnel and  unless  there  are  less  than  3  Illinois
residents  available  for  appointment  from  the appropriate
eligible list.  The results of the examinations conducted  by
other   merit  systems  may  not  be  used  unless  they  are
comparable   in   difficulty   and    comprehensiveness    to
examinations  conducted  by  the  Department of Personnel for
similar positions.  Special linguistic options  may  also  be
established where deemed appropriate.
    (b)  The  Director  of  Personnel  may  require that each
person seeking employment with the  Secretary  of  State,  as
part  of  the application process, authorize an investigation
to determine if the applicant has ever been  convicted  of  a
crime  and  if so, the disposition of those convictions; this
authorization shall indicate the scope of the inquiry and the
agencies which may be contacted.   Upon  this  authorization,
the Director of Personnel may request and receive information
and  assistance from any federal, state or local governmental
agency  as  part  of  the   authorized   investigation.   The
investigation shall be undertaken after the fingerprinting of
an  applicant  in  the  form  and  manner  prescribed  by the
Department of State Police. The investigation  shall  consist
of   a  criminal  history  records  check  performed  by  the
Department  of  State  Police  and  the  Federal  Bureau   of
Investigation,  or  some other entity that has the ability to
check the applicant's fingerprints  against  the  fingerprint
records  now  and  hereafter filed in the Department of State
Police and Federal Bureau of Investigation  criminal  history
records databases.  If the Department of State Police and the
Federal  Bureau  of  Investigation  conduct  an investigation
directly for  the  Secretary  of  State's  Office,  then  the
Department  of State Police shall charge a fee for conducting
the criminal history records check, which shall be  deposited
in  the  State  Police Services Fund and shall not exceed the
actual cost of the records check.  The  Department  of  State
Police  shall  provide  information  concerning  any criminal
convictions,  and  their  disposition,  brought  against  the
applicant or prospective employee of the Secretary  of  State
upon  request of the Department of Personnel when the request
is made in the form and manner required by the Department  of
State    Police.    The   information   derived   from   this
investigation, including the source of this information,  and
any   conclusions   or   recommendations  derived  from  this
information by the Director of Personnel shall be provided to
the applicant or prospective employee, or his designee,  upon
request  to  the  Director  of  Personnel  prior to any final
action by the Director of Personnel on the  application.   No
information obtained from such investigation may be placed in
any  automated  information system.  Any criminal convictions
and their disposition information obtained by the Director of
Personnel shall be confidential and may  not  be  transmitted
outside  the  Office  of  the  Secretary  of State, except as
required herein, and may not be transmitted to anyone  within
the Office of the Secretary of State except as needed for the
purpose  of  evaluating  the application.   The only physical
identity  materials  which  the  applicant   or   prospective
employee can be required to provide the Director of Personnel
are  photographs  or fingerprints; these shall be returned to
the applicant or prospective employee  upon  request  to  the
Director  of  Personnel,  after  the  investigation  has been
completed and no copy of these materials may be kept  by  the
Director  of  Personnel  or any agency to which such identity
materials were transmitted.  Only information  and  standards
which   bear  a  reasonable  and  rational  relation  to  the
performance of an employee shall be used by the  Director  of
Personnel.   The  Secretary  of  State  shall adopt rules and
regulations for the  administration  of  this  Section.   Any
employee  of the Secretary of State who gives or causes to be
given  away  any  confidential  information  concerning   any
criminal convictions and their disposition of an applicant or
prospective employee shall be guilty of a Class A misdemeanor
unless  release  of  such  information  is authorized by this
Section.
(Source: P.A. 84-25.)

    Section 6.  The Park District Code is amended by changing
Section 8-23 as follows:

    (70 ILCS 1205/8-23)
    Sec. 8-23.  Criminal background investigations.
    (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)  of  this  Section or has been 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
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  an  investigation  to  ascertain  if   the
applicant  being considered for employment has been convicted
of committing or attempting to commit any of  the  enumerated
criminal  or  drug offenses in subsection (c) 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, 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.  The
Department of State Police shall charge the 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 park district for the investigation.
    (b)  If the  search  of  the  Illinois  criminal  history
record   database  indicates  that  the  applicant  has  been
convicted of committing or attempting to commit  any  of  the
enumerated criminal or drug offenses in subsection (c) 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  and  the  Federal  Bureau   of
Investigation  shall furnish, pursuant to a fingerprint based
background  check   positive   identification,   records   of
convictions,  until  expunged,  to  the president of the park
district.   Any  information   concerning   the   record   of
convictions  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 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
of  an  applicant for employment shall be guilty of a Class A
misdemeanor,  unless  the  release  of  such  information  is
authorized by this Section.
    (c)  No park district shall knowingly employ a person who
has been convicted  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
offenses:   (i)  those defined in Sections 11-6, 11-9, 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21,  12-13,  12-14,  12-14.1,  12-15,  and
12-16 of the Criminal Code of 1961; (ii) those defined in the
Cannabis  Control Act, except those defined in Sections 4(a),
4(b), and 5(a) of  that  Act;  (iii)  those  defined  in  the
Illinois  Controlled  Substances  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.   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.
(Source: P.A. 91-885, eff. 7-6-00.)
    Section 7.  The Chicago Park District Act is  amended  by
changing Section 16a-5 as follows:

    (70 ILCS 1505/16a-5)
    Sec. 16a-5.  Criminal background investigations.
    (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)  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 an investigation
to ascertain if the applicant being considered for employment
has been convicted of committing or attempting to commit  any
of the enumerated criminal or drug offenses in subsection (c)
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,  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.  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 investigation.
    (b)  If the  search  of  the  Illinois  criminal  history
record   database  indicates  that  the  applicant  has  been
convicted of committing or attempting to commit  any  of  the
enumerated criminal or drug offenses in subsection (c) 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  and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint  based
background   check,   positive   identification,  records  of
convictions, until expunged, to  the  General  Superintendent
and  Chief  Executive  Officer  of the Chicago Park District.
Any information concerning the record of convictions 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 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 of an applicant for employment shall
be  guilty  of  a  Class A misdemeanor, unless the release of
such information is authorized by this Section.
    (c)  The Chicago Park District may not knowingly employ a
person who has been convicted 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 offenses:  (i)  those  defined  in  Sections  11-6,
11-9,  11-14,  11-15,  11-15.1,  11-16,  11-17, 11-18, 11-19,
11-19.1,  11-19.2,  11-20,  11-20.1,  11-21,  12-13,   12-14,
12-14.1,  12-15, and 12-16 of the Criminal Code of 1961; (ii)
those defined in  the  Cannabis  Control  Act,  except  those
defined  in  Sections 4(a), 4(b), and 5(a) of that Act; (iii)
those defined in the Illinois Controlled Substances 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.  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.
(Source: P.A. 91-885, eff. 7-6-00.)

    Section  10.  The School  Code  is  amended  by  changing
Sections 10-21.9 and 34-18.5 as follows:

    (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
    Sec. 10-21.9.  Criminal background investigations.
    (a)  After  August  1,  1985,  certified and noncertified
applicants for employment  with  a  school  district,  except
school  bus driver applicants, are required as a condition of
employment to authorize an investigation to determine if such
applicants have been  convicted  of  any  of  the  enumerated
criminal  or  drug offenses in subsection (c) of this Section
or have been convicted, within 7 years of the application for
employment with the school  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 school district, except that  if  the
applicant  is a substitute teacher seeking employment in more
than  one  school  district,  a  teacher  seeking  concurrent
part-time employment positions  with  more  than  one  school
district  (as a reading specialist, special education teacher
or otherwise), or an educational support  personnel  employee
seeking employment positions with more than one district, any
such   district   may   require   the  applicant  to  furnish
authorization  for  the   investigation   to   the   regional
superintendent of the educational service region in which are
located  the  school  districts  in  which  the  applicant is
seeking employment as a substitute  or  concurrent  part-time
teacher or concurrent educational support personnel employee.
Upon  receipt  of  this authorization, the school district or
the appropriate regional superintendent, as the case may  be,
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.  The  regional
superintendent submitting the requisite  information  to  the
Department  of  State Police shall promptly notify the school
districts in which the applicant is seeking employment  as  a
substitute  or  concurrent  part-time  teacher  or concurrent
educational support personnel employee that the investigation
of the applicant has been requested. The Department of  State
Police  shall  conduct  a  search  of  the  Illinois criminal
history records database an investigation to ascertain if the
applicant being considered for employment has been  convicted
of  committing  or attempting to commit any of the enumerated
criminal or drug offenses  in  subsection  (c)  or  has  been
convicted  of  committing  or  attempting to commit, within 7
years of the  application  for  employment  with  the  school
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.   The  Department  shall
charge  the  school  district  or  the  appropriate  regional
superintendent a fee for conducting such investigation, which
fee  shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and  the  applicant
shall  not  be  charged  a  fee for such investigation by the
school district  or  by  the  regional  superintendent.   The
regional superintendent may seek reimbursement from the State
Board  of  Education  or  the  appropriate school district or
districts for fees paid by the regional superintendent to the
Department  for  the   criminal   background   investigations
required by this Section.
    (b)    If  the  search  of  the Illinois criminal history
records  database  indicates  that  the  applicant  has  been
convicted of committing or attempting to commit  any  of  the
enumerated criminal or drug offenses in subsection (c) or has
been  convicted of committing or attempting to commit, within
7 years before the application for employment with the school
district, any other felony under the laws of this State,  the
Department  and  the  Federal  Bureau  of Investigation shall
furnish, pursuant to a  fingerprint  based  background  check
positive   identification,   records  of  convictions,  until
expunged, to the president of the school board for the school
district  which  requested  the  investigation,  or  to   the
regional superintendent who requested the investigation.  Any
information  concerning the record of convictions obtained by
the  president  of  the  school   board   or   the   regional
superintendent   shall   be  confidential  and  may  only  be
transmitted to the superintendent of the school  district  or
his  designee, the appropriate regional superintendent if the
investigation was  requested  by  the  school  district,  the
presidents   of   the   appropriate   school  boards  if  the
investigation was requested  from  the  Department  of  State
Police    by   the   regional   superintendent,   the   State
Superintendent of Education, the State Teacher  Certification
Board or any other person necessary to the decision of hiring
the  applicant  for  employment.   A  copy  of  the record of
convictions obtained from  the  Department  of  State  Police
shall  be  provided  to  the  applicant for employment. If an
investigation of an applicant for employment as a  substitute
or  concurrent  part-time  teacher  or concurrent educational
support personnel employee in more than one  school  district
was   requested  by  the  regional  superintendent,  and  the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has  not  been
convicted,  within  7 years of the application for employment
with the school 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 and so
notifies  the  regional  superintendent,  then  the  regional
superintendent shall issue to  the  applicant  a  certificate
evidencing that as of the date specified by the Department of
State  Police  the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or
has not been convicted, within 7 years of the application for
employment with the school  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.  The school board of any school  district  located  in
the   educational  service  region  served  by  the  regional
superintendent who issues such a certificate to an  applicant
for  employment as a substitute teacher in more than one such
district may rely on the certificate issued by  the  regional
superintendent  to  that  applicant,  or may initiate its own
investigation of the  applicant  through  the  Department  of
State  Police  as  provided in subsection (a). Any person who
releases any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of
a Class A misdemeanor, unless the release of such information
is authorized by this Section.
    (c)  No school board shall knowingly employ a person  who
has  been  convicted  for  committing  attempted first degree
murder or for committing or attempting to commit first degree
murder or a Class  X  felony  or  any  one  or  more  of  the
following offenses: (i) those defined in Sections 11-6, 11-9,
11-14,  11-15,  11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1,  12-15
and  12-16 of the "Criminal Code of 1961"; (ii) those defined
in  the  "Cannabis  Control  Act"  except  those  defined  in
Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
in the "Illinois Controlled Substances  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.  Further,  no  school  board
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.
    (d)  No  school board shall knowingly employ a person for
whom  a  criminal  background  investigation  has  not   been
initiated.
    (e)  Upon  receipt  of the record of a conviction of or a
finding of child abuse by a holder of any certificate  issued
pursuant  to  Article  21  or  Section 34-8.1 or 34-83 of the
School  Code,  the  appropriate  regional  superintendent  of
schools  or  the  State  Superintendent  of  Education  shall
initiate   the   certificate   suspension   and    revocation
proceedings authorized by law.
    (f)  After January 1, 1990 the provisions of this Section
shall  apply  to  all  employees  of persons or firms holding
contracts with any school district including, but not limited
to, food  service  workers,  school  bus  drivers  and  other
transportation employees, who have direct, daily contact with
the  pupils  of  any school in such district. For purposes of
criminal background investigations on employees of persons or
firms holding contracts with more than  one  school  district
and  assigned  to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the  request
of any such school district, be responsible for receiving the
authorization   for   investigation  prepared  by  each  such
employee and submitting the same to the Department  of  State
Police.   Any information concerning the record of conviction
of any such employee obtained by the regional  superintendent
shall   be   promptly   reported  to  the  president  of  the
appropriate school board or school boards.
(Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

    (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
    Sec. 34-18.5.  Criminal background investigations.
    (a)  After August 1,  1985,  certified  and  noncertified
applicants  for  employment  with  the  school  district  are
required  as  a  condition  of  employment  to  authorize  an
investigation  to  determine  if  such  applicants  have been
convicted of any of the enumerated criminal or drug  offenses
in  subsection  (c)  of  this Section or have been convicted,
within 7 years of the application  for  employment  with  the
school  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  school  district,  except  that  if   the
applicant  is a substitute teacher seeking employment in more
than one school district, or  a  teacher  seeking  concurrent
part-time  employment  positions  with  more  than one school
district (as a reading specialist, special education  teacher
or  otherwise),  or an educational support personnel employee
seeking employment positions with more than one district, any
such  district  may  require   the   applicant   to   furnish
authorization   for   the   investigation   to  the  regional
superintendent of the educational service region in which are
located the  school  districts  in  which  the  applicant  is
seeking  employment  as  a substitute or concurrent part-time
teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the  school  district  or
the  appropriate regional superintendent, as the case may be,
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.   The   regional
superintendent  submitting  the  requisite information to the
Department of State Police shall promptly notify  the  school
districts  in  which the applicant is seeking employment as a
substitute or  concurrent  part-time  teacher  or  concurrent
educational support personnel employee that the investigation
of  the applicant has been requested. The Department of State
Police shall  conduct  a  search  of  the  Illinois  Criminal
history  record  information  database  an  investigation  to
ascertain  if  the  applicant being considered for employment
has been convicted of committing or attempting to commit  any
of the enumerated criminal or drug offenses in subsection (c)
or  has been convicted of committing or attempting to commit,
within 7 years of the application  for  employment  with  the
school  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.   The
Department   shall   charge   the   school  district  or  the
appropriate regional superintendent a fee for conducting such
investigation, which fee shall  be  deposited  in  the  State
Police  Services  Fund  and  shall not exceed the cost of the
inquiry; and the applicant shall not be  charged  a  fee  for
such  investigation by the school district or by the regional
superintendent.   The  regional   superintendent   may   seek
reimbursement  from  the  State  Board  of  Education  or the
appropriate school district or districts for fees paid by the
regional superintendent to the Department  for  the  criminal
background investigations required by this Section.
    (b)  If  the  search  of  the  Illinois  criminal history
records  database  indicates  that  the  applicant  has  been
convicted of committing or attempting to commit  any  of  the
enumerated criminal or drug offenses in subsection (c) or has
been  convicted of committing or attempting to commit, within
7 years of the application for  employment  with  the  school
district,  any other felony under the laws of this State, the
Department and the  Federal  Bureau  of  Investigation  shall
furnish,  pursuant  to  a  fingerprint based background check
positive  identification,  records  of   convictions,   until
expunged,  to the president of the board of education for the
school district which requested the investigation, or to  the
regional superintendent who requested the investigation.  Any
information  concerning the record of convictions obtained by
the president of the  board  of  education  or  the  regional
superintendent   shall   be  confidential  and  may  only  be
transmitted to  the  general  superintendent  of  the  school
district   or   his   designee,   the   appropriate  regional
superintendent if the  investigation  was  requested  by  the
board of education for the school district, the presidents of
the  appropriate  board  of education or school boards if the
investigation was requested  from  the  Department  of  State
Police    by   the   regional   superintendent,   the   State
Superintendent of Education, the State Teacher  Certification
Board or any other person necessary to the decision of hiring
the  applicant  for  employment.  A  copy  of  the  record of
convictions obtained from  the  Department  of  State  Police
shall  be  provided  to  the  applicant for employment. If an
investigation of an applicant for employment as a  substitute
or  concurrent  part-time  teacher  or concurrent educational
support personnel employee in more than one  school  district
was   requested  by  the  regional  superintendent,  and  the
Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has  not  been
convicted,  within  7 years of the application for employment
with the school 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 and so
notifies  the  regional  superintendent,  then  the  regional
superintendent shall issue to  the  applicant  a  certificate
evidencing that as of the date specified by the Department of
State  Police  the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or
has not been convicted, within 7 years of the application for
employment with the school  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.  The school board of any school  district  located  in
the   educational  service  region  served  by  the  regional
superintendent who issues such a certificate to an  applicant
for  employment  as  a  substitute  or  concurrent  part-time
teacher  or concurrent educational support personnel employee
in more than one such district may rely  on  the  certificate
issued  by  the regional superintendent to that applicant, or
may initiate its own investigation of the  applicant  through
the Department of State Police as provided in subsection (a).
Any   person   who   releases  any  confidential  information
concerning any  criminal  convictions  of  an  applicant  for
employment  shall  be guilty of a Class A misdemeanor, unless
the  release  of  such  information  is  authorized  by  this
Section.
    (c)  The board of education shall not knowingly employ  a
person  who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder or a Class X felony or any one or more  of  the
following  offenses:   (i)  those  defined  in Sections 11-6,
11-9, 11-14, 11-15,  11-15.1,  11-16,  11-17,  11-18,  11-19,
11-19.1,   11-19.2,  11-20,  11-20.1,  11-21,  12-13,  12-14,
12-14.1, 12-15 and 12-16 of the Criminal Code of  1961;  (ii)
those  defined  in  the  Cannabis  Control  Act, except those
defined in Sections 4(a), 4(b) and 5(a) of  that  Act;  (iii)
those  defined in the Illinois Controlled Substances 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.  Further,  the  board  of
education  shall  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.
    (d)  The  board of education shall not knowingly employ a
person for whom a criminal background investigation  has  not
been initiated.
    (e)  Upon  receipt  of the record of a conviction of or a
finding of child abuse by a holder of any certificate  issued
pursuant  to  Article  21  or  Section 34-8.1 or 34-83 of the
School  Code,  the  board   of   education   or   the   State
Superintendent  of  Education  shall initiate the certificate
suspension and revocation proceedings authorized by law.
    (f)  After March 19, 1990, the provisions of this Section
shall apply to all employees  of  persons  or  firms  holding
contracts with any school district including, but not limited
to,  food  service  workers,  school  bus  drivers  and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district.  For  purposes  of
criminal background investigations on employees of persons or
firms  holding  contracts  with more than one school district
and assigned to more than one school district,  the  regional
superintendent of the educational service region in which the
contracting  school districts are located may, at the request
of any such school district, be responsible for receiving the
authorization  for  investigation  prepared  by   each   such
employee  and  submitting the same to the Department of State
Police.  Any information concerning the record of  conviction
of  any such employee obtained by the regional superintendent
shall  be  promptly  reported  to  the   president   of   the
appropriate school board or school boards.
(Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

    Section   15.   The  Child Care Act of 1969 is amended by
changing Section 4.1 as follows:
    (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
    Sec.  4.1.   Criminal  Background   Investigations.   The
Department  shall  require  that  each  child  care  facility
license  applicant  as  part  of the application process, and
each employee of a child care  facility  as  a  condition  of
employment,  authorize  an investigation to determine if such
applicant or employee has ever been charged with a crime  and
if  so,  the disposition of those charges; this authorization
shall indicate the scope of  the  inquiry  and  the  agencies
which may be contacted. Upon this authorization, the Director
shall request and receive information and assistance from any
federal,  State  or  local governmental agency as part of the
authorized investigation. Each applicant shall submit his  or
her  fingerprints  to  the  Department of State Police in the
form and manner prescribed by the Department of State Police.
These fingerprints shall be checked against  the  fingerprint
records  now  and  hereafter filed in the Department of State
Police and Federal Bureau of Investigation  criminal  history
records  databases.   The  Department  of  State Police shall
charge a fee for  conducting  the  criminal  history  records
check,  which shall be deposited in the State Police Services
Fund and shall not exceed the  actual  cost  of  the  records
check.   The   Department   of  State  Police  shall  provide
information  concerning  any  criminal  charges,  and   their
disposition,  now or hereafter filed, against an applicant or
child care facility employee upon request of  the  Department
of  Children  and Family Services when the request is made in
the form and manner  required  by  the  Department  of  State
Police.
    Information concerning convictions of a license applicant
investigated  under this Section, including the source of the
information and any conclusions  or  recommendations  derived
from  the  information,  shall  be provided, upon request, to
such applicant prior to final action by the Department on the
application. State conviction  information  provided  by  the
Department  of  State  Police  regarding  Such information on
convictions of employees or prospective  employees  of  child
care  facilities licensed under this Act shall be provided to
the operator of such facility,  and,  upon  request,  to  the
employee  or prospective employee. Any information concerning
criminal charges and the disposition of such charges obtained
by the Department  shall  be  confidential  and  may  not  be
transmitted   outside  the  Department,  except  as  required
herein, and may not  be  transmitted  to  anyone  within  the
Department  except as needed for the purpose of evaluating an
application  or  a  child  care   facility   employee.   Only
information   and  standards  which  bear  a  reasonable  and
rational relation to the performance of a child care facility
shall be used by the Department or any licensee. Any employee
of the Department of Children and Family Services, Department
of  State  Police,  or  a  child  care   facility   receiving
confidential  information  under  this  Section  who gives or
causes to be given any  confidential  information  concerning
any  criminal convictions of a child care facility applicant,
or child care facility employee, shall be guilty of a Class A
misdemeanor unless release of such information is  authorized
by this Section.
    A  child care facility may hire, on a probationary basis,
any employee authorizing a criminal background  investigation
under this Section, pending the result of such investigation.
Employees  shall  be  notified  prior  to  hiring  that  such
employment  may  be  terminated  on  the  basis  of  criminal
background information obtained by the facility.
(Source: P.A. 84-158.)

    Section   20.   The Nursing and Advanced Practice Nursing
Act is amended by changing Section 5-23 as follows:
    (225 ILCS 65/5-23)
    (Section scheduled to be repealed on January 1, 2008)
    Sec.  5-23.   Criminal  background  check.    After   the
effective  date  of  this  amendatory Act of the 91st General
Assembly, the  Department  shall  require  an  applicant  for
initial  licensure  under  this  Act  to submit to a criminal
background check by the Illinois State Police and the Federal
Bureau of Investigation as  part  of  the  qualification  for
licensure.   If  an  applicant's  criminal  background  check
indicates  criminal  conviction,  the  applicant must further
submit to a fingerprint-based criminal background check.  The
applicant's  name,  sex,  race,  date  of  birth,  and social
security number shall be  forwarded  to  the  Illinois  State
Police  to  be searched against the Illinois criminal history
records database in the form and  manner  prescribed  by  the
Illinois  State  Police.   The  Illinois  State  Police shall
charge a fee  for  conducting  the  search,  which  shall  be
deposited  in  the  State  Police Services Fund and shall not
exceed the cost of the inquiry.  If a search of the  Illinois
criminal   history   records   database  indicates  that  the
applicant  has  a  conviction  record,  a  fingerprint  based
criminal history  records  check  shall  be  required.   Each
applicant  requiring  a fingerprint based search shall submit
his or her fingerprints to the Illinois State Police  in  the
form  and  manner  prescribed  by  the Illinois State Police.
These fingerprints shall be checked against  the  fingerprint
records  now and hereafter filed in the Illinois State Police
and Federal Bureau of Investigation criminal history  records
databases.   The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services  Fund  and  shall  not
exceed  the  actual  cost of the records check.  The Illinois
State   Police   shall   furnish,   pursuant   to    positive
identification,   records  of  Illinois  convictions  to  the
Department. The Department shall  adopt  rules  to  implement
this Section.
(Source: P.A. 91-369, eff. 1-1-00; 92-744, eff. 7-25-02.)

    Section   25.   The  Illinois Horse Racing Act of 1975 is
amended by changing Section 15 as follows:

    (230 ILCS 5/15) (from Ch. 8, par. 37-15)
    Sec. 15.  (a) The Board shall, in its  discretion,  issue
occupation   licenses  to  horse  owners,  trainers,  harness
drivers,  jockeys,  agents,   apprentices,   grooms,   stable
foremen,    exercise    persons,    veterinarians,    valets,
blacksmiths,  concessionaires  and  others  designated by the
Board whose work, in whole or  in  part,  is  conducted  upon
facilities  within  the State.  Such occupation licenses will
be obtained prior to the  persons engaging in their  vocation
upon such facilities. The Board shall not license pari-mutuel
clerks,  parking attendants, security guards and employees of
concessionaires.  No occupation license shall be required  of
any  person  who  works  at facilities within this State as a
pari-mutuel clerk, parking attendant, security guard or as an
employee of a concessionaire. Concessionaires of the Illinois
State Fair and  DuQuoin  State  Fair  and  employees  of  the
Illinois  Department  of Agriculture shall not be required to
obtain an occupation license by the Board.
    (b)  Each application for an occupation license shall  be
on forms prescribed by the Board.  Such license, when issued,
shall  be  for  the  period  ending December 31 of each year,
except that the Board in  its  discretion  may  grant  3-year
licenses.   The  application shall be accompanied by a fee of
not more than  $25  per  year  or,  in  the  case  of  3-year
occupation  license applications, a fee of not more than $60.
Each applicant shall set forth in the  application  his  full
name  and address, and if he had been issued prior occupation
licenses or has been licensed in any other  state  under  any
other  name,  such  name, his age, whether or not a permit or
license issued to him in any other state has  been  suspended
or revoked and if so whether such suspension or revocation is
in  effect  at  the  time  of the application, and such other
information as the Board may require. Fees  for  registration
of stable names shall not exceed $50.00.
    (c)  The Board may in its discretion refuse an occupation
license to any person:
         (1)  who has been convicted of a crime;
         (2)  who   is  unqualified  to  perform  the  duties
    required of such applicant;
         (3)  who fails to disclose  or  states  falsely  any
    information called for in the application;
         (4)  who  has  been  found  guilty of a violation of
    this Act or of the rules and regulations of the Board; or
         (5)  whose license or  permit  has  been  suspended,
    revoked or denied for just cause in any other state.
    (d)  The  Board  may  suspend  or  revoke  any occupation
license:
         (1)  for violation of any of the provisions of  this
    Act; or
         (2)  for   violation   of   any   of  the  rules  or
    regulations of the Board; or
         (3)  for any cause which, if  known  to  the  Board,
    would  have justified the Board in refusing to issue such
    occupation license; or
         (4)  for any other just cause.
    (e)   Each applicant shall submit his or her fingerprints
to the Department of State Police  in  the  form  and  manner
prescribed   by   the  Department  of  State  Police.   These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
Federal Bureau  of  Investigation  criminal  history  records
databases.  The Department of State Police shall charge a fee
for  conducting  the  criminal  history  records check, which
shall be deposited in the  State  Police  Services  Fund  and
shall  not  exceed  the actual cost of the records check. The
Department  of  State  Police  shall  furnish,  pursuant   to
positive  identification, records of conviction to the Board.
Each applicant for licensure shall submit with his occupation
license application, on forms provided by the Board,  2  sets
of  his  fingerprints.  All  such  applicants shall appear in
person at the  location  designated  by  the  Board  for  the
purpose  of  submitting  such  sets of fingerprints; however,
with the prior approval of a State steward, an applicant  may
have  such  sets  of  fingerprints  taken  by an official law
enforcement agency and submitted to the Board.
    The Board shall cause one set of such fingerprints to  be
compared  with  fingerprints  of  criminals  now or hereafter
filed in the records of  the  Illinois  Department  of  State
Police.   The  Board shall also cause such fingerprints to be
compared with fingerprints  of  criminals  now  or  hereafter
filed  in  the  records  of  other official fingerprint files
within or without this State.
    The Board may, in its discretion, require  the  applicant
to  pay  a  fee  for  the  purpose of having his fingerprints
processed.  The  fingerprint  processing  fee  shall  be  set
annually  by  the Director of State Police, based upon actual
costs.
    (f)  The  Board  may,  in  its   discretion,   issue   an
occupation  license  without submission of fingerprints if an
applicant has been duly licensed in another recognized racing
jurisdiction  after   submitting   fingerprints   that   were
subjected  to  a  Federal  Bureau  of  Investigation criminal
history background check in that jurisdiction.
(Source: P.A. 91-40, eff. 6-25-99.)
    Section  30.  The Riverboat Gambling Act  is  amended  by
changing Section 22 as follows:

    (230 ILCS 10/22) (from Ch. 120, par. 2422)
    Sec.  22.   Criminal history record information. Whenever
the Board is authorized or required by law to  consider  some
aspect of criminal history record information for the purpose
of  carrying  out  its statutory powers and responsibilities,
the Board shall, in the  form  and  manner  required  by  the
Department   of  State  Police  and  the  Federal  Bureau  of
Investigation, cause  to  be  conducted  a  criminal  history
record  investigation  to obtain any information currently or
thereafter contained in the files of the Department of  State
Police or the Federal Bureau of Investigation. Each applicant
for  occupational  licensing under Section 9 or key person as
defined by the Board in administrative rules shall submit his
or her fingerprints to the Department of State Police in  the
form and manner prescribed by the Department of State Police.
These  fingerprints  shall be checked against the fingerprint
records now and hereafter filed in the  Department  of  State
Police  and  Federal Bureau of Investigation criminal history
records databases.  The  Department  of  State  Police  shall
charge  a  fee  for  conducting  the criminal history records
check, which shall be deposited in the State Police  Services
Fund  and  shall  not  exceed  the actual cost of the records
check. The Department of State Police shall provide,  on  the
Board's request, information concerning any criminal charges,
and  their disposition, currently or thereafter filed against
an applicant  for  or  holder  of  an  occupational  license.
Information  obtained  as  a result of an investigation under
this Section shall be used in determining eligibility for  an
occupational  license  under  Section  9.  Upon  request  and
payment  of  fees  in  conformance  with  the requirements of
Section 2605-400 of the Department of State  Police  Law  (20
ILCS  2605/2605-400),  the  Department  of  State  Police  is
authorized  to  furnish, pursuant to positive identification,
such information contained in State files as is necessary  to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)

    Section  35. The Liquor Control Act of 1934 is amended by
changing Section 4-7 as follows:

    (235 ILCS 5/4-7) (from Ch. 43, par. 114a)
    Sec.  4-7.   The  local liquor control commissioner shall
have the right to require fingerprints of any applicant for a
local  license  or  for  a  renewal  thereof  other  than  an
applicant who is an air carrier operating under a certificate
or a foreign  air  permit  issued  pursuant  to  the  Federal
Aviation  Act of 1958. Each applicant shall submit his or her
fingerprints to the Department of State Police  in  the  form
and  manner  prescribed  by  the  Department of State Police.
These fingerprints shall be checked against  the  fingerprint
records  now  and  hereafter filed in the Department of State
Police and Federal Bureau of Investigation  criminal  history
records  databases.   The  Department  of  State Police shall
charge a fee for  conducting  the  criminal  history  records
check,  which shall be deposited in the State Police Services
Fund and shall not exceed the  actual  cost  of  the  records
check.  The Department of State Police shall furnish pursuant
to  positive  identification,  records  of  conviction to the
local liquor control commissioner. For purposes of  obtaining
fingerprints   under   this   Section,   the   local   liquor
commissioner  shall  collect a fee and forward the fee to the
appropriate policing body who shall submit  the  fingerprints
and the fee to the Illinois Department of State Police.
(Source: P.A. 84-1081.)
    Section   40.   The Housing Authorities Act is amended by
changing Section 25 as follows:

    (310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
    Sec. 25.  Rentals and tenant selection.  In the operation
or management of housing projects an Authority shall  at  all
times  observe  the  following duties with respect to rentals
and tenant selection:
    (a)  It shall not accept any person as a  tenant  in  any
dwelling in a housing project if the persons who would occupy
the  dwelling have an aggregate annual income which equals or
exceeds the amount  which  the  Authority  determines  (which
determination  shall  be conclusive) to be necessary in order
to  enable  such  persons  to  secure  safe,   sanitary   and
uncongested   dwelling  accommodations  within  the  area  of
operation  of  the  Authority  and  to  provide  an  adequate
standard of living for themselves.
    (b)  It may rent or  lease  the  dwelling  accommodations
therein only at rentals within the financial reach of persons
who  lack  the amount of income which it determines (pursuant
to (a) of this Section) to be necessary in  order  to  obtain
safe, sanitary and uncongested dwelling accommodations within
the  area  of  operation  of  the Authority and to provide an
adequate standard of living.
    (c)  It  may  rent  or  lease  to  a  tenant  a  dwelling
consisting of the number of rooms  (but  no  greater  number)
which  it  deems  necessary  to  provide  safe  and  sanitary
accommodations  to  the  proposed  occupants thereof, without
overcrowding.
    (d)  It shall not change the residency preference of  any
prospective  tenant once the application has been accepted by
the authority.
    (e)  It may refuse to renew the tenancy of any person if,
after due notice and an impartial hearing, that person or any
of the proposed occupants of the dwelling has, during a  term
of tenancy or occupancy in any housing project operated by an
Authority,  been  convicted of a criminal offense relating to
the sale or distribution of controlled substances  under  the
laws  of  this  State,  the United States or any other state.
Confirmation of conviction data  shall  be  determined  by  a
fingerprint  based  criminal  history records check.  In such
cases,  the  tenant  or  proposed  occupant   to   whom   the
disqualifying conviction record belongs shall have his or her
fingerprints  submitted  to the Department of State Police in
the form and manner prescribed by  the  Department  of  State
Police.   These  fingerprints  shall  be  checked against the
fingerprint records now and hereafter filed in the Department
of State Police and Federal Bureau of Investigation  criminal
history  records  databases.   The Department of State Police
shall charge  a  fee  for  conducting  the  criminal  history
records  check,  which shall be deposited in the State Police
Services Fund and shall not exceed the  actual  cost  of  the
records  check.  The Department of State Police shall furnish
pursuant to positive identification, records of conviction to
the Authority.
    (f)  It may, if a tenant  has  created  or  maintained  a
threat  constituting a serious and clear danger to the health
or safety of other tenants or Authority  employees,  after  3
days'  written  notice  of termination and without a hearing,
file suit against any such tenant for recovery of  possession
of  the  premises.  The tenant shall be given the opportunity
to contest the  termination  in  the  court  proceedings.   A
serious  and  clear  danger  to the health or safety of other
tenants or Authority employees  shall  include,  but  not  be
limited  to, any of the following activities of the tenant or
of any other person on the premises with the consent  of  the
tenant:
         (1)  Physical  assault  or  the  threat  of physical
    assault.
         (2)  Illegal use of a firearm or other weapon or the
    threat to use in an illegal manner  a  firearm  or  other
    weapon.
         (3)  Possession  of  a  controlled  substance by the
    tenant or any other  person  on  the  premises  with  the
    consent  of  the tenant if the tenant knew or should have
    known  of  the  possession  by  the  other  person  of  a
    controlled substance, unless the controlled substance was
    obtained  directly  from   or   pursuant   to   a   valid
    prescription.
         (4)  Streetgang   membership   as   defined  in  the
    Illinois Streetgang Terrorism Omnibus Prevention Act.
    The  management  of  low-rent  public  housing   projects
financed  and  developed  under  the U.S. Housing Act of 1937
shall be in accordance with that Act.
    Nothing contained in this Section or any other Section of
this Act shall be construed  as  limiting  the  power  of  an
Authority  to  vest  in a bondholder or trustee the right, in
the event of a default by the Authority, to  take  possession
and  operate  a housing project or cause the appointment of a
receiver thereof, free from all restrictions imposed by  this
Section or any other Section of this Act.
(Source: P.A. 89-351, eff. 1-1-96.)

    Section   45.   The  Illinois  Vehicle Code is amended by
changing Sections 6-411 and 18a-200 as follows:

    (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
    Sec.   6-411.    Qualifications   of   Driver    Training
Instructors.  In  order  to  qualify  for  a  license  as  an
instructor for a driving school, an applicant must:
    (a)  Be of good moral character;
    (b)  Authorize  an  investigation  to  determine  if  the
applicant  has  ever been convicted of a crime and if so, the
disposition of those convictions;  this  authorization  shall
indicate  the scope of the inquiry and the agencies which may
be contacted.  Upon this authorization the Secretary of State
may request and receive information and assistance  from  any
federal,  state  or  local governmental agency as part of the
authorized investigation. Each applicant shall submit his  or
her  fingerprints  to  the  Department of State Police in the
form and manner prescribed by the Department of State Police.
These fingerprints shall be checked against  the  fingerprint
records  now  and  hereafter filed in the Department of State
Police and Federal Bureau of Investigation  criminal  history
records  databases.   The  Department  of  State Police shall
charge a fee for  conducting  the  criminal  history  records
check,  which shall be deposited in the State Police Services
Fund and shall not exceed the  actual  cost  of  the  records
check.   The   Department   of  State  Police  shall  provide
information concerning any criminal  convictions,  and  their
disposition,  brought  against  the applicant upon request of
the Secretary of State when the request is made in  the  form
and  manner  required by the Department of State Police.  The
information derived from  this  investigation  including  the
source   of   this   information,   and  any  conclusions  or
recommendations  derived  from  this   information   by   the
Secretary of State shall be provided to the applicant, or his
designee,  upon  request  to the Secretary of State, prior to
any  final  action  by  the  Secretary  of   State   on   the
application.  No information obtained from such investigation
may  be  placed  in  any  automated  information  system. Any
criminal  convictions  and  their   disposition   information
obtained  by the Secretary of State shall be confidential and
may not be transmitted outside the Office of the Secretary of
State, except as required herein, and may not be  transmitted
to  anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating  the  applicant.  The
only  physical  identity materials which the applicant can be
required to provide the Secretary of State are photographs or
fingerprints; these shall be returned to the  applicant  upon
request  to  the  Secretary of State, after the investigation
has been completed and no copy of these materials may be kept
by the Secretary  of  State  or  any  agency  to  which  such
identity  materials  were  transmitted.  Only information and
standards which bear a reasonable and  rational  relation  to
the performance of a driver training instructor shall be used
by  the Secretary of State.  Any employee of the Secretary of
State who gives or causes to be given away  any  confidential
information   concerning   any  criminal  charges  and  their
disposition of an applicant shall be  guilty  of  a  Class  A
misdemeanor  unless release of such information is authorized
by this Section;
    (c)  Pass such examination  as  the  Secretary  of  State
shall   require   on  (1)  traffic  laws,  (2)  safe  driving
practices,  (3)  operation  of  motor   vehicles,   and   (4)
qualifications of teacher;
    (d)  Be physically able to operate safely a motor vehicle
and  to  train  others in the operation of motor vehicles. An
instructors license application  must  be  accompanied  by  a
medical examination report completed by a competent physician
licensed to practice in the State of Illinois;
    (e)  Hold a valid Illinois drivers license;
    (f)  Have  graduated from an accredited high school after
at least 4 years of high school education or the  equivalent;
and
    (g)  Pay  to  the  Secretary  of State an application and
license fee of $35.
    If a driver training school class room instructor teaches
an approved driver education course, as  defined  in  Section
1-103  of this Code, to students under 18 years of age, he or
she shall furnish to the Secretary  of  State  a  certificate
issued  by  the  State  Board  of  Education  that  the  said
instructor  is  qualified  and  meets the minimum educational
standards for teaching driver education courses in the  local
public  or  parochial  school  systems,  except that no State
Board of Education certification shall  be  required  of  any
instructor  who  teaches  exclusively in a commercial driving
school.  On and after July 1, 1986, the  existing  rules  and
regulations  of  the  State  Board  of  Education  concerning
commercial driving schools shall continue to remain in effect
but  shall  be  administered  by the Secretary of State until
such time as the Secretary of State shall amend or repeal the
rules  in  accordance  with   The   Illinois   Administrative
Procedure  Act.   Upon  request, the Secretary of State shall
issue a certificate of completion to a student under 18 years
of age who has completed an approved driver education  course
at a commercial driving school.
(Source: P.A. 87-829; 87-832.)

    (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
    Sec.  18a-200.  General  powers and duties of Commission.
The Commission shall:
    (1)  Regulate commercial  vehicle  relocators  and  their
employees  or  agents  in accordance with this Chapter and to
that end may establish reasonable requirements  with  respect
to proper service and practices relating thereto;
    (2)  Require   the  maintenance  of  uniform  systems  of
accounts, records and the preservation thereof;
    (3)  Require that all drivers and other personnel used in
relocation be employees of a licensed relocator;
    (4)  Regulate equipment leasing to and by relocators;
    (5)  Adopt  reasonable  and  proper  rules  covering  the
exercise of powers conferred upon it  by  this  Chapter,  and
reasonable   rules  governing  investigations,  hearings  and
proceedings under this Chapter;
    (6)  Set reasonable rates for the  commercial  towing  or
removal  of  trespassing vehicles from private property.  The
rates shall not exceed the mean  average  of  the  5  highest
rates  for  police  tows  within  the territory to which this
Chapter applies that are performed under Sections  4-201  and
4-214  of  this  Code  and  that  are  of  record at hearing;
provided that  the  Commission  shall  not  re-calculate  the
maximum specified herein if the order containing the previous
calculation  was entered within one calendar year of the date
on which the new order is entered.  Set reasonable rates  for
the  storage,  for  periods  in  excess  of  24 hours, of the
vehicles in connection with the towing or  removal;  however,
no  relocator  shall impose charges for storage for the first
24 hours after towing or removal. Set  reasonable  rates  for
other  services  provided  by  relocators,  provided that the
rates shall not be charged to the  owner  or  operator  of  a
relocated  vehicle.   Any  fee charged by a relocator for the
use of a credit card that is used  to  pay  for  any  service
rendered  by  the  relocator  shall  be included in the total
amount that shall not  exceed  the  maximum  reasonable  rate
established  by the Commission.  The Commission shall require
a relocator to refund any amount charged  in  excess  of  the
reasonable  rate established by the Commission, including any
fee for the use of a credit card;
    (7)  Investigate  and  maintain  current  files  of   the
criminal  records,  if  any,  of  all  relocators  and  their
employees  and  of  all  applicants  for relocator's license,
operator's  licenses  and  dispatcher's  licenses.   If   the
Commission  determines that an applicant for a license issued
under this Chapter will be subjected to  a  criminal  history
records   check,  the  applicant  shall  submit  his  or  her
fingerprints to the Department of State Police  in  the  form
and  manner  prescribed  by  the  Department of State Police.
These fingerprints shall be checked against the Department of
State Police and Federal  Bureau  of  Investigation  criminal
history record information databases now and hereafter filed.
The  Department  of State Police shall charge the applicant a
fee for conducting the criminal history records check,  which
shall  be  deposited  in  the  State Police Services Fund and
shall not exceed the actual cost of the  records  check.  The
Department of State Police shall furnish pursuant to positive
identification, records of conviction to the Commission;
    (8)  Issue  relocator's licenses, dispatcher's employment
permits, and operator's employment permits in accordance with
Article IV of this Chapter;
    (9)  Establish fitness standards for  applicants  seeking
relocator licensees and holders of relocator licenses;
    (10)  Upon  verified  complaint in writing by any person,
organization or body politic, or upon its own initiative may,
investigate  whether  any   commercial   vehicle   relocator,
operator,  dispatcher, or person otherwise required to comply
with any provision of this Chapter or  any  rule  promulgated
hereunder, has failed to comply with any provision or rule;
    (11)  Whenever  the  Commission  receives notice from the
Secretary of State that any domestic or  foreign  corporation
regulated  under  this  Chapter has not paid a franchise tax,
license  fee  or  penalty   required   under   the   Business
Corporation  Act  of  1983,  institute  proceedings  for  the
revocation  of the license or right to engage in any business
required under this Chapter or the suspension  thereof  until
such  time  as  the  delinquent franchise tax, license fee or
penalty is paid.
(Source: P.A. 88-448.)

    Section  50.  The Adoption Act  is  amended  by  changing
Section 6 as follows:
    (750 ILCS 50/6) (from Ch. 40, par. 1508)
    Sec.  6.  A.  Investigation;  all  cases.  Within 10 days
after the filing of a petition for the  adoption  or  standby
adoption  of  a  child  other than a related child, the court
shall  appoint  a  child  welfare  agency  approved  by   the
Department  of  Children  and  Family  Services,  or a person
deemed competent by the court, or in Cook  County  the  Court
Services  Division  of  the  Cook County Department of Public
Aid, or the Department of Children and Family Services if the
court determines that no child welfare agency is available or
that the petitioner is financially  unable  to  pay  for  the
investigation, to investigate accurately, fully and promptly,
the  allegations  contained  in  the petition; the character,
reputation, health and general standing in the  community  of
the  petitioners; the religious faith of the petitioners and,
if ascertainable, of the child  sought  to  be  adopted;  and
whether the petitioners are proper persons to adopt the child
and  whether  the  child is a proper subject of adoption. The
investigation required under this  Section  shall  include  a
fingerprint  based criminal background check with a review of
fingerprints by the Illinois State Police and Federal  Bureau
of Investigation authorities. Each petitioner subject to this
investigation,  shall  submit  his or her fingerprints to the
Department of State Police in the form and manner  prescribed
by  the Department of State Police.  These fingerprints shall
be checked against the fingerprint records now and  hereafter
filed in the Department of State Police and Federal Bureau of
Investigation   criminal   history  records  databases.   The
Department of State Police shall charge a fee for  conducting
the  criminal history records check, which shall be deposited
in the State Police Services Fund and shall  not  exceed  the
actual  cost  of  the  records check. The criminal background
check required by this Section shall  include  a  listing  of
when,  where  and  by  whom the criminal background check was
prepared.  The criminal background  check  required  by  this
Section shall not be more than two years old.
    Neither  a  clerk  of  the  circuit court nor a judge may
require that  a  criminal  background  check  or  fingerprint
review  be  filed  with,  or  at the same time as, an initial
petition for adoption.
    B.  Investigation; foreign-born child.  In the case of  a
child  born outside the United States or a territory thereof,
in addition to the investigation  required  under  subsection
(A)  of this Section, a post-placement investigation shall be
conducted in accordance with the requirements  of  the  Child
Care  Act of 1969, the Interstate Compact on the Placement of
Children, and regulations of the foreign placing  agency  and
the supervising agency.
    The  requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid  final  order  or
judgment of adoption has been entered by a court of competent
jurisdiction  in  a country other than the United States or a
territory  thereof  with  respect  to  such  child  and   the
petitioners.
    C.  Report  of  investigation.  The court shall determine
whether the costs of the investigation shall  be  charged  to
the petitioners. The information obtained as a result of such
investigation  shall  be  presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court  for  its
review.    The  court  may,  in  its  discretion,  weigh  the
significance of the results of the criminal background  check
against  the  entirety  of the background of the petitioners.
The Court, in its discretion, may accept the  report  of  the
investigation  previously  made  by  a licensed child welfare
agency, if made within one year prior to  the  entry  of  the
judgment.  Such  report  shall be treated as confidential and
withheld from  inspection  unless  findings  adverse  to  the
petitioners  or  to  the  child  sought  to  be  adopted  are
contained  therein,  and in that event the court shall inform
the petitioners of the relevant portions  pertaining  to  the
adverse  findings.  In  no event shall any facts set forth in
the report be considered at the hearing  of  the  proceeding,
unless established by competent evidence. The report shall be
filed  with  the  record  of  the  proceeding.   If  the file
relating to the proceeding is not impounded, the report shall
be impounded by the clerk of the  court  and  shall  be  made
available for inspection only upon order of the court.
    D.  Related  adoption.  Such  investigation  shall not be
made when the petition seeks to adopt a related child  or  an
adult unless the court, in its discretion, shall so order. In
such an event the court may appoint a person deemed competent
by the court.
(Source: P.A.  91-429,  eff.  1-1-00;  91-572,  eff.  1-1-00;
91-740, eff. 6-2-00.)