94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0355


 
Introduced 2/15/2005, by Sen. Carole Pankau
 
SYNOPSIS AS INTRODUCED:
 		













70 ILCS 1205/8-23










    Amends the Park District Code.  Provides that a park district is required to do
a criminal background investigation only on those applicants for employment
with the district who are age 17 years or older (now, a criminal background
investigation is required for all applicants).
















LRB094 08515 MKM 38722 b

















 


 


A BILL FOR









 











SB0355

LRB094 08515 MKM 38722 b






1
    AN ACT concerning park districts. 

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


 
4
    Section 5. The Park District Code is amended by changing

5
Section 8-23 as follows:


 



6
    (70 ILCS 1205/8-23)


7
    Sec. 8-23. Criminal background investigations. 

8
    (a) An applicant, age 17 years or
older, for employment 
9
with a park district is required as
a condition of employment 
10
to authorize an investigation to determine if
the applicant has 
11
been convicted of any of the enumerated criminal or drug

12
offenses in subsection (c) of this Section or has been

13
convicted, within 7 years of the application for employment 
14
with the
park district, of any other felony under the laws of 
15
this State or of any
offense committed or attempted in any 
16
other 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.  The Department of State Police 
25
shall conduct a search of the
Illinois criminal history records 
26
database to ascertain if the applicant being considered for

27
employment has been convicted of committing or attempting to 
28
commit any of
the enumerated criminal or drug
offenses
in 
29
subsection (c) of this Section or
has been convicted of 
30
committing or attempting to commit, within 7 years of
the 
31
application for employment with
the
park district, any other 
32
felony under the laws of this State.  The
Department
of
State 
 


 






SB0355
- 2 -
LRB094 08515 MKM 38722 b




1
Police shall charge the park district a fee for conducting the

2
investigation, which fee shall be deposited in the State Police 
3
Services
Fund and shall not exceed the cost of the inquiry.  The 
4
applicant shall
not be charged a fee by the park district for 
5
the investigation.

6
    (b) If the search of the Illinois criminal history record 
7
database
indicates that the applicant has been convicted of 
8
committing or attempting to
commit any of the enumerated 
9
criminal or drug offenses in subsection (c) or has
been 
10
convicted of committing or attempting to commit, within 7 years 
11
of the
application for employment with the park district, any 
12
other felony under the
laws of this State, the Department of 
13
State Police and the Federal Bureau
of
Investigation shall 
14
furnish, pursuant to
a fingerprint based background check, 
15
records
of convictions, until expunged, to the
president of the 
16
park district.  Any information concerning the record of

17
convictions obtained by the president shall be confidential and 
18
may only
be transmitted to those persons who are necessary to 
19
the decision on whether to
hire the
applicant for employment.  A 
20
copy of the record of convictions obtained
from the Department 
21
of State Police shall be provided to the applicant for

22
employment.  Any person who releases any confidential 
23
information
concerning any criminal convictions of an 
24
applicant for employment shall
be guilty of a Class A 
25
misdemeanor, unless the release of such
information is 
26
authorized by this Section.

27
    (c) No park district shall knowingly employ a person who 
28
has been
convicted for committing attempted first degree murder 
29
or
for committing
or attempting to commit first degree murder, 
30
a Class X felony, or any
one or more of the following offenses:  
31
(i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 
32
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 
33
11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the 
34
Criminal Code of 1961; (ii) those defined in the Cannabis 
35
Control Act,
except those defined in Sections 4(a), 4(b), and 
36
5(a) of that Act; (iii) those
defined in the Illinois 
 


 






SB0355
- 3 -
LRB094 08515 MKM 38722 b




1
Controlled Substances Act; and
(iv) any offense
committed or 
2
attempted in any other state or against the laws of the
United 
3
States, which, if committed or attempted in this State, would 
4
have
been punishable as one or more of the foregoing offenses.  
5
Further, no
park district shall knowingly employ a person who 
6
has been found to be
the perpetrator of sexual or physical 
7
abuse of any minor under 18 years
of age pursuant to 
8
proceedings under Article II of the Juvenile Court Act
of 1987.  
9
No park district shall knowingly employ a person for whom a

10
criminal background investigation has not been initiated.

11
(Source: P.A. 93-418, eff. 1-1-04.)