Full Text of SB0355 94th General Assembly
SB0355eng 94TH GENERAL ASSEMBLY
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SB0355 Engrossed |
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| AN ACT concerning park districts.
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| Be it enacted by the People of the State of Illinois, | 3 |
| 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 | 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
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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 | 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
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| 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
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| 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 |
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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 | 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.
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| (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
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| 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
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| 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.
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| (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 |
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| 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
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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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