Public Act 099-0884
Public Act 0884 99TH GENERAL ASSEMBLY
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Public Act 099-0884
| | SB3005 Enrolled | LRB099 18897 MJP 43284 b |
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| 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
|
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