HB5908 99TH GENERAL ASSEMBLY

LRB099 18125 AWJ 42491 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5908

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

70 ILCS 1205/8-23a new

Amends the Park District Code. Requires volunteers to complete an application prior to beginning work as a volunteer including disclosing whether they have been convicted of or found to be a perpetrator of a sex offense. Provides that if a current volunteer is convicted of or found to be the perpetrator of a sex offense, the volunteer shall immediately disclose the conviction or finding to the park district and resign. Provides for penalties for a volunteer who fails to disclose his or her sex offender status. Defines "volunteer" to mean any individual who without compensation or benefits reports to, and is under the direct supervision of, a park district's administrative staff and provides personal services to a park district recreational program that is offered to children. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Park District Code is amended by adding Section 8-23a as follows:

(70 ILCS 1205/8-23a new)

Sec. 8-23a. Application for volunteers; disclosure of sex offenses; penalty for failure to disclose.

(a) For purposes of this Section, "sex offense" means:

(1) any offense defined in Sections 11-6, 11-9 through 11-9.5, inclusive, and 11-30, of the Criminal Code of 1961 or the Criminal Code of 2012; Sections 11-14 through 11-21, inclusive, of the Criminal Code of 1961 or the Criminal Code of 2012; Sections 11-23 (if punished as a Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal Code of 1961 or the Criminal Code of 2012; and Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the Criminal Code of 1961 or the Criminal Code of 2012;

(2) any attempt to commit any of the offenses listed in paragraph (1) of this definition;

(3) any offense committed or attempted in any other state that, if committed or attempted in this State, would have been punishable as one or more of the offenses listed in paragraphs (1) and (2) of this definition; and

(4) sexual or physical abuse of any minor under 18 years of age that subjects a perpetrator to proceedings under Article II of the Juvenile Court Act of 1987.

(b) For purposes of this Section, "volunteer" means any individual who without compensation or benefits reports to, and is under the direct supervision of, a park district's administrative staff and provides personal services to a park district recreational program that is offered to children.

(c) Every park district shall require volunteers to complete an application prior to beginning any work as a volunteer. The application shall include, but shall not be limited to, a question for the applicant to answer concerning whether they have been convicted of or found to be the perpetrator of a sex offense. No park district shall knowingly engage a volunteer who has been convicted of or found to be the perpetrator of a sex offense and shall terminate the services of the volunteer upon discovery of such offense.

(d) If a current volunteer with a park district is convicted of or found to be the perpetrator of a sex offense, the volunteer shall immediately disclose the conviction or finding to the park district.

(e) Failure of a volunteer to disclose that they are a sex offender pursuant to this Section is a Class A misdemeanor, except that a second or subsequent violation is a Class 4 felony. Any person convicted of a violation under this subsection shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail, and the court shall impose a mandatory minimum fine of $500. These fines shall be deposited in the Sex Offender Registration Fund.

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