SB0630sam001 94TH GENERAL ASSEMBLY

Sen. James A. DeLeo

Filed: 4/11/2005

09400SB0630sam001 LRB094 04370 RSP 44283 a

AMENDMENT TO SENATE BILL 630

AMENDMENT NO. ______. Amend Senate Bill 630 by replacing everything after the enacting clause with the following:

"Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-335 as follows:

(20 ILCS 2605/2605-335) (was 20 ILCS 2605/55a in part)

Sec. 2605-335. Conviction information for private child services or charitable organization.

(a) Upon the request of any private organization that devotes a major portion of its time to the provision of recreational, social, educational, or child safety services to children, to conduct, pursuant to positive identification, criminal background investigations of all of that organization's current employees, current volunteers, prospective employees, or prospective volunteers charged with the care and custody of children during the provision of the organization's services, and to report to the requesting organization any record of convictions maintained in the Department's files about those persons. The Department shall charge an application fee, based on actual costs, for the dissemination of conviction information pursuant to this Section. The Department is empowered to establish this fee and shall prescribe the form and manner for requesting and furnishing conviction information pursuant to this Section.

Information received by the organization from the Department concerning an individual shall be provided to the individual. Any such information obtained by the organization shall be confidential and may not be transmitted outside the organization and may not be transmitted to anyone within the organization except as needed for the purpose of evaluating the individual. Only information and standards that bear a reasonable and rational relation to the performance of child care shall be used by the organization.

(b) Upon the request of any private organization that collects, solicits, distributes, or otherwise has care or control over funds to be used for any purpose recognized as charitable under the General Not For Profit Corporation Act of 1986 or the United States Internal Revenue Code, pursuant to positive identification, to conduct criminal background investigations of all of that organization's current employees, current volunteers, prospective employees, or prospective volunteers charged with responsibility for any aspect of the organization's funding or finances, and to report to the requesting organization any record of convictions maintained in the Department's files about those persons. The Department shall charge an application fee, based on actual costs, for the dissemination of conviction information pursuant to this Section. The Department is empowered to establish this fee and shall prescribe the form and manner for requesting and furnishing conviction information pursuant to this Section.

Information received by the organization from the Department concerning an individual shall be provided to the individual. Information obtained by the organization is confidential and may not be transmitted outside of the organization or to anyone within the organization, except as needed for the purpose of evaluating the individual. Only information and standards that bear a reasonable and rational relation to a felony or to any criminal offense relating to dishonesty or breach of trust shall be used by the organization.

(c) Any employee of the Department or any member, employee, or volunteer of the organization receiving confidential information under this Section who gives or causes to be given any confidential information concerning any criminal convictions of an individual shall be guilty of a Class A misdemeanor unless release of the information is authorized by this Section.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)".