093_HB2471

 
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 1        AN ACT concerning the public welfare and safety.

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

 4        Section 3.  The Park District Code is amended by changing
 5    Section 8-23 as follows:

 6        (70 ILCS 1205/8-23)
 7        Sec. 8-23.  Criminal background investigations.
 8        (a)  An  applicant for employment with a park district is
 9    required  as  a  condition  of  employment  to  authorize  an
10    investigation  to  determine  if  the  applicant   has   been
11    convicted  of any of the enumerated criminal or drug offenses
12    in subsection (c) of this  Section  or  has  been  convicted,
13    within  7  years  of  the application for employment with the
14    park district, of any other felony under  the  laws  of  this
15    State  or  of any offense committed or attempted in any other
16    state or against the laws  of  the  United  States  that,  if
17    committed  or  attempted  in  this  State,  would  have  been
18    punishable  as  a  felony  under  the  laws  of  this  State.
19    Authorization for the investigation shall be furnished by the
20    applicant   to  the  park  district.  Upon  receipt  of  this
21    authorization, the park district shall submit the applicant's
22    name, sex, race, date of birth, and social security number to
23    the Department of State Police on  forms  prescribed  by  the
24    Department  of  State Police.  Upon submission the Department
25    of State Police shall conduct an investigation  to  ascertain
26    if  the  applicant  being  considered for employment has been
27    convicted of any of the enumerated criminal or drug  offenses
28    in  subsection  (c)  of  this  Section or has been convicted,
29    within 7 years of the application  for  employment  with  the
30    park  district,  of  any  other felony under the laws of this
31    State or of any offense committed or attempted in  any  other
 
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 1    state  or  against  the  laws  of  the United States that, if
 2    committed  or  attempted  in  this  State,  would  have  been
 3    punishable as a felony under the laws  of  this  State.   The
 4    Department  of  State Police shall charge the park district a
 5    fee for conducting the  investigation,  which  fee  shall  be
 6    deposited  in  the  State  Police Services Fund and shall not
 7    exceed the cost of the inquiry.  The applicant shall  not  be
 8    charged a fee by the park district for the investigation.
 9        (b)  The   Department  of  State  Police  shall  furnish,
10    pursuant to positive identification, records of  convictions,
11    until  expunged, to the president of the park district or his
12    or her designee.  Any information concerning  the  record  of
13    convictions  obtained by the president or his or her designee
14    shall be confidential and may only be  transmitted  to  those
15    persons  who are necessary to the decision on whether to hire
16    the applicant for  employment.   A  copy  of  the  record  of
17    convictions  obtained  from  the  Department  of State Police
18    shall be provided  to  the  applicant  for  employment.   Any
19    person  who  releases any confidential information concerning
20    any criminal convictions of an applicant for employment shall
21    be guilty of a Class A misdemeanor,  unless  the  release  of
22    such information is authorized by this Section.
23        (c)  No    park   district   that   has   authorized   an
24    investigation shall knowingly employ a person  who  has  been
25    convicted for committing attempted first degree murder or for
26    committing  or  attempting  to  commit first degree murder, a
27    Class X felony, or any one or more of the following offenses:
28    (i) those defined  in  Sections  11-6,  11-9,  11-14,  11-15,
29    11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
30    11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, and 12-16 of
31    the Criminal Code of 1961; (ii) those defined in the Cannabis
32    Control Act, except those defined in Sections 4(a), 4(b), and
33    5(a) of  that  Act;  (iii)  those  defined  in  the  Illinois
34    Controlled  Substances Act; and (iv) any offense committed or
 
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 1    attempted in any other state  or  against  the  laws  of  the
 2    United  States,  which,  if  committed  or  attempted in this
 3    State, would have been punishable  as  one  or  more  of  the
 4    foregoing  offenses.   Further,  no  park  district  that has
 5    authorized an investigation shall knowingly employ  a  person
 6    who  has  been  found  to  be  the  perpetrator  of sexual or
 7    physical abuse of any minor under 18 years of age pursuant to
 8    proceedings under Article II of the  Juvenile  Court  Act  of
 9    1987.  In  no event is a park district required to conduct an
10    investigation on any individual who is (1) under 17 years  of
11    age or (2) an employee rehired within an 18-month period upon
12    whom  an investigation has been previously conducted. No park
13    district shall knowingly employ a person for whom a  criminal
14    background investigation has not been initiated.
15    (Source: P.A. 91-885, eff. 7-6-00.)".

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.