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SB0355 Engrossed |
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LRB094 08515 MKM 38722 b |
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| AN ACT concerning park districts.
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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
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| 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, age 17 years or
older, for employment |
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| with a park district is required as
a condition of employment |
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| to authorize an investigation to determine if
the applicant has |
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| been convicted of any of the enumerated criminal or drug
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| offenses in subsection (c) of this Section or has been
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| convicted, within 7 years of the application for employment |
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| with the
park district, of any other felony under the laws of |
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| this State or of any
offense committed or attempted in any |
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| other state or against the laws of
the United States that, if |
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| committed or attempted in this State, would
have been |
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| punishable as a felony under the laws of this State. |
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| Authorization
for the
investigation shall be furnished by the |
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| applicant to the park district.
Upon receipt of this |
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| 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 |
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| Department of
State Police. The Department of State Police |
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| shall conduct a search of the
Illinois criminal history records |
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| database to ascertain if the applicant being considered for
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| employment has been convicted of committing or attempting to |
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| commit any of
the enumerated criminal or drug
offenses
in |
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| subsection (c) of this Section or
has been convicted of |
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| 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 |
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LRB094 08515 MKM 38722 b |
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| 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 |
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| Services
Fund and shall not exceed the cost of the inquiry. The |
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| applicant shall
not be charged a fee by the park district for |
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| the investigation.
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| (b) If the search of the Illinois criminal history record |
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| database
indicates that the applicant has been convicted of |
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| committing or attempting to
commit any of the enumerated |
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| criminal or drug offenses in subsection (c) or has
been |
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| convicted of committing or attempting to commit, within 7 years |
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| of the
application for employment with the park district, any |
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| other felony under the
laws of this State, the Department of |
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| State Police and the Federal Bureau
of
Investigation shall |
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| furnish, pursuant to
a fingerprint based background check, |
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| records
of convictions, until expunged, to the
president of the |
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| park district. Any information concerning the record of
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| convictions obtained by the president shall be confidential and |
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| may only
be transmitted to those persons who are necessary to |
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| the decision on whether to
hire the
applicant for employment. A |
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| copy of the record of convictions obtained
from the Department |
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| of State Police shall be provided to the applicant for
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| employment. Any person who releases any confidential |
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| information
concerning any criminal convictions of an |
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| applicant for employment shall
be guilty of a Class A |
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| misdemeanor, unless the release of such
information is |
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| authorized by this Section.
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| (c) No park district shall knowingly employ a person who |
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| has been
convicted for committing attempted first degree murder |
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| or
for committing
or attempting to commit first degree murder, |
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| a Class X felony, or any
one or more of the following offenses: |
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| (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, |
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| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, |
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| 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the |
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| Criminal Code of 1961; (ii) those defined in the Cannabis |
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| Control Act,
except those defined in Sections 4(a), 4(b), and |
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| 5(a) of that Act; (iii) those
defined in the Illinois |
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LRB094 08515 MKM 38722 b |
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| Controlled Substances Act; and
(iv) any offense
committed or |
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| attempted in any other state or against the laws of the
United |
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| States, which, if committed or attempted in this State, would |
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| have
been punishable as one or more of the foregoing offenses. |
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| Further, no
park district shall knowingly employ a person who |
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| has been found to be
the perpetrator of sexual or physical |
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| 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. |
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| No park district shall knowingly employ a person for whom a
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| criminal background investigation has not been initiated.
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| (Source: P.A. 93-418, eff. 1-1-04.)
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