Full Text of SB2286 97th General Assembly
SB2286ham001 97TH GENERAL ASSEMBLY | Rep. Michael G. Connelly Filed: 5/3/2011
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| 1 | | AMENDMENT TO SENATE BILL 2286
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2286 on page 4, by | 3 | | inserting immediately below line 9 the following:
| 4 | | "Section 6. The Chicago Park District Act is amended by | 5 | | changing Section 16a-5 as follows:
| 6 | | (70 ILCS 1505/16a-5)
| 7 | | (Text of Section before amendment by P.A. 96-1551 )
| 8 | | Sec. 16a-5. Criminal background investigations.
| 9 | | (a) An applicant for employment with the Chicago Park | 10 | | District is
required as a condition of employment to authorize | 11 | | an investigation to
determine if the applicant has been | 12 | | convicted of , or adjudicated a delinquent minor for, any of the | 13 | | enumerated criminal
or drug
offenses in subsection (c) of this | 14 | | Section
or has been convicted, within 7 years of the | 15 | | application for employment with
the Chicago Park District, of | 16 | | any other felony under the laws of this State or
of any
offense |
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| 1 | | committed or attempted in any other state or against the laws | 2 | | of
the United States that, if committed or attempted in this | 3 | | State, would
have been punishable as a felony under the laws of | 4 | | this State. Authorization
for the investigation shall be | 5 | | furnished by the applicant to the Chicago
Park District. Upon | 6 | | receipt of this authorization, the Chicago Park
District shall | 7 | | submit the applicant's name, sex, race, date of birth, and
| 8 | | social security number to the Department of State Police on | 9 | | forms
prescribed by the Department of State Police. The | 10 | | Department of State
Police shall conduct a search of the | 11 | | Illinois criminal history record
information database to | 12 | | ascertain if the applicant being
considered for employment has | 13 | | been convicted of , or adjudicated a delinquent minor for, | 14 | | committing or attempting to
commit any of the enumerated | 15 | | criminal
or drug
offenses in subsection (c) of this Section or | 16 | | has been
convicted, of committing or attempting to commit | 17 | | within 7 years of the
application for employment with the
| 18 | | Chicago Park District, any other felony under the laws of this | 19 | | State. The
Department of State Police shall charge the Chicago | 20 | | Park District a fee
for conducting the investigation, which fee | 21 | | shall be deposited in the State
Police Services Fund and shall | 22 | | not exceed the cost of the inquiry. The
applicant shall not be | 23 | | charged a fee by the Chicago Park District for the
| 24 | | investigation.
| 25 | | (b) If the search of the Illinois criminal history record | 26 | | database
indicates that the applicant has been convicted of , or |
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| 1 | | adjudicated a delinquent minor for, committing or attempting to
| 2 | | commit any of the enumerated criminal or drug offenses in | 3 | | subsection (c) or has
been convicted of committing or | 4 | | attempting to commit, within 7 years of the
application for | 5 | | employment with the Chicago Park District, any other felony
| 6 | | under the laws of this State, the Department of State Police | 7 | | and the
Federal Bureau of
Investigation shall furnish, pursuant | 8 | | to
a fingerprint based background check, records
of convictions | 9 | | or adjudications as a delinquent minor , until expunged, to the
| 10 | | General Superintendent and Chief Executive Officer of the | 11 | | Chicago Park
District. Any information concerning the
record of | 12 | | convictions or adjudications as a delinquent minor obtained by | 13 | | the General Superintendent and Chief
Executive Officer shall be | 14 | | confidential and
may only be transmitted to those persons who | 15 | | are necessary to the decision on
whether to hire the applicant | 16 | | for employment. A copy of the record of
convictions
or | 17 | | adjudications as a delinquent minor obtained from the | 18 | | Department of State Police shall be provided to the
applicant | 19 | | for employment. Any person who releases any confidential
| 20 | | information concerning any criminal convictions or | 21 | | adjudications as a delinquent minor of an applicant for
| 22 | | employment shall be guilty of a Class A misdemeanor, unless the | 23 | | release
of such information is authorized by this Section.
| 24 | | (c) The Chicago Park District may not knowingly employ a | 25 | | person
who has been convicted , or adjudicated a delinquent | 26 | | minor, for committing attempted first degree murder
or
for |
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| 1 | | committing or attempting to commit first degree murder, a Class | 2 | | X felony,
or
any one or more of the following offenses: (i) | 3 | | those defined in
Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, | 4 | | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | 5 | | 11-21, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
| 6 | | and 12-16 of the Criminal Code of 1961; (ii) those defined in | 7 | | the
Cannabis Control Act, except those defined in Sections | 8 | | 4(a), 4(b), and
5(a) of that Act; (iii) those defined in the | 9 | | Illinois Controlled Substances
Act; (iv) those defined in the | 10 | | Methamphetamine Control and Community Protection Act; and (v) | 11 | | any offense committed or attempted in any
other state or
| 12 | | against the laws of the United States, which, if committed or | 13 | | attempted in
this State, would have been punishable as one or | 14 | | more of the foregoing
offenses. Further, the Chicago Park | 15 | | District may not knowingly employ a
person who has been found | 16 | | to be the perpetrator of sexual or physical
abuse of any minor | 17 | | under 18 years of age pursuant to proceedings under
Article II | 18 | | of the Juvenile Court Act of 1987. The Chicago Park District
| 19 | | may not knowingly employ a person for whom a criminal | 20 | | background
investigation has not been initiated.
| 21 | | (Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
| 22 | | (Text of Section after amendment by P.A. 96-1551 )
| 23 | | Sec. 16a-5. Criminal background investigations.
| 24 | | (a) An applicant for employment with the Chicago Park | 25 | | District is
required as a condition of employment to authorize |
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| 1 | | an investigation to
determine if the applicant has been | 2 | | convicted of , or adjudicated a delinquent minor for, any of the | 3 | | enumerated criminal
or drug
offenses in subsection (c) of this | 4 | | Section
or has been convicted, within 7 years of the | 5 | | application for employment with
the Chicago Park District, of | 6 | | any other felony under the laws of this State or
of any
offense | 7 | | committed or attempted in any other state or against the laws | 8 | | of
the United States that, if committed or attempted in this | 9 | | State, would
have been punishable as a felony under the laws of | 10 | | this State. Authorization
for the investigation shall be | 11 | | furnished by the applicant to the Chicago
Park District. Upon | 12 | | receipt of this authorization, the Chicago Park
District shall | 13 | | submit the applicant's name, sex, race, date of birth, and
| 14 | | social security number to the Department of State Police on | 15 | | forms
prescribed by the Department of State Police. The | 16 | | Department of State
Police shall conduct a search of the | 17 | | Illinois criminal history record
information database to | 18 | | ascertain if the applicant being
considered for employment has | 19 | | been convicted of , or adjudicated a delinquent minor for, | 20 | | committing or attempting to
commit any of the enumerated | 21 | | criminal
or drug
offenses in subsection (c) of this Section or | 22 | | has been
convicted, of committing or attempting to commit | 23 | | within 7 years of the
application for employment with the
| 24 | | Chicago Park District, any other felony under the laws of this | 25 | | State. The
Department of State Police shall charge the Chicago | 26 | | Park District a fee
for conducting the investigation, which fee |
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| 1 | | shall be deposited in the State
Police Services Fund and shall | 2 | | not exceed the cost of the inquiry. The
applicant shall not be | 3 | | charged a fee by the Chicago Park District for the
| 4 | | investigation.
| 5 | | (b) If the search of the Illinois criminal history record | 6 | | database
indicates that the applicant has been convicted of , or | 7 | | adjudicated a delinquent minor for, committing or attempting to
| 8 | | commit any of the enumerated criminal or drug offenses in | 9 | | subsection (c) or has
been convicted of committing or | 10 | | attempting to commit, within 7 years of the
application for | 11 | | employment with the Chicago Park District, any other felony
| 12 | | under the laws of this State, the Department of State Police | 13 | | and the
Federal Bureau of
Investigation shall furnish, pursuant | 14 | | to
a fingerprint based background check, records
of convictions | 15 | | or adjudications as a delinquent minor , until expunged, to the
| 16 | | General Superintendent and Chief Executive Officer of the | 17 | | Chicago Park
District. Any information concerning the
record of | 18 | | convictions or adjudications as a delinquent minor obtained by | 19 | | the General Superintendent and Chief
Executive Officer shall be | 20 | | confidential and
may only be transmitted to those persons who | 21 | | are necessary to the decision on
whether to hire the applicant | 22 | | for employment. A copy of the record of
convictions
or | 23 | | adjudications as a delinquent minor obtained from the | 24 | | Department of State Police shall be provided to the
applicant | 25 | | for employment. Any person who releases any confidential
| 26 | | information concerning any criminal convictions or |
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| 1 | | adjudications as a delinquent minor of an applicant for
| 2 | | employment shall be guilty of a Class A misdemeanor, unless the | 3 | | release
of such information is authorized by this Section.
| 4 | | (c) The Chicago Park District may not knowingly employ a | 5 | | person
who has been convicted , or adjudicated a delinquent | 6 | | minor, for committing attempted first degree murder
or
for | 7 | | committing or attempting to commit first degree murder, a Class | 8 | | X felony,
or
any one or more of the following offenses: (i) | 9 | | those defined in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 10 | | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | 11 | | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | 12 | | 11-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, | 13 | | 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of | 14 | | 1961; (ii) those defined in the
Cannabis Control Act, except | 15 | | those defined in Sections 4(a), 4(b), and
5(a) of that Act; | 16 | | (iii) those defined in the Illinois Controlled Substances
Act; | 17 | | (iv) those defined in the Methamphetamine Control and Community | 18 | | Protection Act; and (v) any offense committed or attempted in | 19 | | any
other state or
against the laws of the United States, | 20 | | which, if committed or attempted in
this State, would have been | 21 | | punishable as one or more of the foregoing
offenses. Further, | 22 | | the Chicago Park District may not knowingly employ a
person who | 23 | | has been found to be the perpetrator of sexual or physical
| 24 | | abuse of any minor under 18 years of age pursuant to | 25 | | proceedings under
Article II of the Juvenile Court Act of 1987. | 26 | | The Chicago Park District
may not knowingly employ a person for |
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| 1 | | whom a criminal background
investigation has not been | 2 | | initiated.
| 3 | | (Source: P.A. 96-1551, eff. 7-1-11.)"; and
| 4 | | on page 7, by replacing line 25 with the following: | 5 | | " District Code or Section 16a-5 of the Chicago Park District | 6 | | Act concerning a person who is seeking employment "; and | 7 | | on page 8, by replacing line 2 with the following: | 8 | | " subsection (c) of Section 8-23 of the Park District Code or | 9 | | subsection (c) of Section 16a-5 of the Chicago Park District | 10 | | Act. "; and | 11 | | on page 13, by replacing line 24 with the following: | 12 | | " District Code or Section 16a-5 of the Chicago Park District | 13 | | Act concerning a person who is seeking employment "; and | 14 | | on page 14, by replacing line 1 with the following: | 15 | | " subsection (c) of Section 8-23 of the Park District Code or | 16 | | subsection (c) of Section 16a-5 of the Chicago Park District | 17 | | Act. "; and | 18 | | on page 16, by inserting immediately below line 18 the | 19 | | following: | 20 | | "Section 95. No acceleration or delay. Where this Act makes |
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| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.".
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