Illinois General Assembly - Illinois Compiled Statutes

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70 ILCS 1505/16a-5

(70 ILCS 1505/16a-5)

Sec. 16a-5. Criminal background investigations.

(a) An applicant for employment with the Chicago Park District is
required as a condition of employment to authorize an investigation to
determine if the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for any of the enumerated criminal
or drug
offenses in subsection (c) or (d) of this Section,
or has been convicted, within 7 years of the application for employment with
the Chicago Park District, of any other felony under the laws of this State or
of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State.  Authorization
for the investigation shall be furnished by the applicant to the Chicago
Park District. Upon receipt of this authorization, the Chicago Park
District shall submit the applicant's name, sex, race, date of birth, and
social security number to the Illinois State Police on forms
prescribed by the Illinois State Police.  The Illinois State Police shall conduct a search of the Illinois criminal history record
information database to ascertain if the applicant being
considered for employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for committing or attempting to
commit any of the enumerated criminal
or drug
offenses in subsection (c) or (d) of this Section, or has been
convicted of committing or attempting to commit, within 7 years of the
application for employment with the
Chicago Park District, any other felony under the laws of this State.  The
Illinois State Police shall charge the Chicago Park District a fee
for conducting the investigation, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of the inquiry.  The
applicant shall not be charged a fee by the Chicago Park District for the
investigation.

(b) If the search of the Illinois criminal history record database
indicates that the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d), or adjudicated a delinquent minor for committing or attempting to
commit any of the enumerated criminal or drug offenses in subsection (c) or (d), or has
been convicted of committing or attempting to commit, within 7 years of the
application for employment with the Chicago Park District, any other felony
under the laws of this State, the Illinois State Police and the
Federal Bureau of
Investigation shall furnish, pursuant to
a fingerprint based background check, records
of convictions or adjudications as  a delinquent minor, until expunged, to the
General Superintendent and Chief Executive Officer of the Chicago Park
District.  Any information concerning the
record of convictions or adjudications as  a delinquent minor obtained by the General Superintendent and Chief
Executive Officer shall be confidential and
may only be transmitted to those persons who are necessary to the decision on
whether to hire the applicant for employment.  A copy of the record of
convictions or adjudications as  a delinquent minor obtained from the Illinois State Police shall be provided to the
applicant for employment.  Any person who releases any confidential
information concerning any criminal convictions or adjudications as  a delinquent minor of an applicant for
employment shall be guilty of a Class A misdemeanor, unless the release
of such information is authorized by this Section.

(c) The Chicago Park District may not knowingly employ a person
who has been convicted, or adjudicated a delinquent minor, for committing attempted first degree murder
or for committing or attempting to commit first degree murder, a Class X felony,
or
any one or more of the following criminal offenses:  (i) those defined in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any offense committed or attempted in any
other state or
against the laws of the United States, which, if committed or attempted in
this State, would have been punishable as one or more of the foregoing
offenses.  Further, the Chicago Park District may not knowingly employ a
person who has been found to be the perpetrator of sexual or physical
abuse of any minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987.  The Chicago Park District
may not knowingly employ a person for whom a criminal background
investigation has not been initiated.

(d) The Chicago Park District shall not knowingly employ a person who has been convicted of the following drug offenses, other than an offense set forth in subsection (c), until 7 years following the end of the sentence imposed for any of the following offenses: (i) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of that Act; (ii) those defined in the Illinois Controlled Substances Act; (iii) those defined in the Methamphetamine Control and Community Protection Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. For purposes of this paragraph, "sentence" includes any period of supervision or probation that was imposed either alone or in combination with a period of incarceration.

(e) Notwithstanding the provisions of subsection (c) or (d), the Chicago Park District may, in its discretion, employ a person who has been granted a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections by the Circuit Court.

(Source: P.A. 102-538, eff. 8-20-21.)