Illinois General Assembly - Full Text of Public Act 099-0884
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Public Act 099-0884


 

Public Act 0884 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0884
 
SB3005 EnrolledLRB099 18897 MJP 43284 b

    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 changing
Section 8-23 as follows:
 
    (70 ILCS 1205/8-23)
    Sec. 8-23. Criminal background investigations.
    (a) An applicant for employment with a 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 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 park district. Upon receipt of this
authorization, the park district shall submit the applicant's
name, sex, race, date of birth, and social security number to
the Department of State Police on forms prescribed by the
Department of State Police. The Department of State Police
shall conduct a search of the Illinois criminal history records
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 park district, any other
felony under the laws of this State. The Department of State
Police shall charge the 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 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 park district, any other
felony under the laws of this State, the Department of 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 president of the park district. Any
information concerning the record of convictions or
adjudications as a delinquent minor obtained by the president
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 Department of 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) No park district shall 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, 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); those defined in the Cannabis Control Act,
except those defined in Sections 4(a), 4(b), and 5(a) of that
Act; (iii) (blank); those defined in the Illinois Controlled
Substances Act; (iv) (blank); those defined in the
Methamphetamine Control and Community Protection Act; 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, no park district shall
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. No park district shall knowingly
employ a person for whom a criminal background investigation
has not been initiated.
    (d) No park district shall 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 subsections (c) and
(d), a 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. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;
97-1150, eff. 1-25-13.)
 
    Section 10. The Chicago Park District Act is amended by
changing Section 16a-5 as follows:
 
    (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 Department of State Police on forms prescribed by
the Department of State Police. The Department of 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 Department of 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 Department of
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 Department of 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, 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); those defined in
the Cannabis Control Act, except those defined in Sections
4(a), 4(b), and 5(a) of that Act; (iii) (blank); those defined
in the Illinois Controlled Substances Act; (iv) (blank); those
defined in the Methamphetamine Control and Community
Protection Act; 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. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12;
97-1150, eff. 1-25-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/22/2016