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91_HB0390sam001
LRB9100151NTksam
1 AMENDMENT TO HOUSE BILL 390
2 AMENDMENT NO. . Amend House Bill 390 by replacing
3 the title with the following:
4 "AN ACT concerning criminal background investigations.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Park District Code is amended by adding
9 Section 8-23 as follows:
10 (70 ILCS 1205/8-23 new)
11 Sec. 8-23. Criminal background investigations.
12 (a) An applicant for employment with a park district is
13 required as a condition of employment to authorize an
14 investigation to determine if the applicant has been
15 convicted of any of the enumerated criminal or drug offenses
16 in subsection (c) of this Section or has been convicted,
17 within 7 years of the application for employment with the
18 park district, of any other felony under the laws of this
19 State or of any offense committed or attempted in any other
20 state or against the laws of the United States that, if
21 committed or attempted in this State, would have been
-2- LRB9100151NTksam
1 punishable as a felony under the laws of this State.
2 Authorization for the investigation shall be furnished by the
3 applicant to the park district. Upon receipt of this
4 authorization, the park district shall submit the applicant's
5 name, sex, race, date of birth, and social security number to
6 the Department of State Police on forms prescribed by the
7 Department of State Police. The Department of State Police
8 shall conduct an investigation to ascertain if the applicant
9 being considered for employment has been convicted of any of
10 the enumerated criminal or drug offenses in subsection (c) of
11 this Section or has been convicted, within 7 years of the
12 application for employment with the park district, of any
13 other felony under the laws of this State or of any offense
14 committed or attempted in any other state or against the laws
15 of the United States that, if committed or attempted in this
16 State, would have been punishable as a felony under the laws
17 of this State. The Department of State Police shall charge
18 the park district a fee for conducting the investigation,
19 which fee shall be deposited in the State Police Services
20 Fund and shall not exceed the cost of the inquiry. The
21 applicant shall not be charged a fee by the park district for
22 the investigation.
23 (b) The Department of State Police shall furnish,
24 pursuant to positive identification, records of convictions,
25 until expunged, to the president of the park district. Any
26 information concerning the record of convictions obtained by
27 the president shall be confidential and may only be
28 transmitted to those persons who are necessary to the
29 decision on whether to hire the applicant for employment. A
30 copy of the record of convictions obtained from the
31 Department of State Police shall be provided to the applicant
32 for employment. Any person who releases any confidential
33 information concerning any criminal convictions of an
34 applicant for employment shall be guilty of a Class A
-3- LRB9100151NTksam
1 misdemeanor, unless the release of such information is
2 authorized by this Section.
3 (c) No park district shall knowingly employ a person who
4 has been convicted for committing attempted first degree
5 murder or for committing or attempting to commit first degree
6 murder, a Class X felony, or any one or more of the following
7 offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
8 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
9 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and
10 12-16 of the Criminal Code of 1961; (ii) those defined in the
11 Cannabis Control Act, except those defined in Sections 4(a),
12 4(b), and 5(a) of that Act; (iii) those defined in the
13 Illinois Controlled Substances Act; and (iv) any offense
14 committed or attempted in any other state or against the laws
15 of the United States, which, if committed or attempted in
16 this State, would have been punishable as one or more of the
17 foregoing offenses. Further, no park district shall
18 knowingly employ a person who has been found to be the
19 perpetrator of sexual or physical abuse of any minor under 18
20 years of age pursuant to proceedings under Article II of the
21 Juvenile Court Act of 1987. No park district shall knowingly
22 employ a person for whom a criminal background investigation
23 has not been initiated.
24 Section 10. The Chicago Park District Act is amended by
25 adding Section 16a-5 as follows:
26 (70 ILCS 1505/16a-5 new)
27 Sec. 16a-5. Criminal background investigations.
28 (a) An applicant for employment with the Chicago Park
29 District is required as a condition of employment to
30 authorize an investigation to determine if the applicant has
31 been convicted of any of the enumerated criminal or drug
32 offenses in subsection (c) of this Section or has been
-4- LRB9100151NTksam
1 convicted, within 7 years of the application for employment
2 with the Chicago Park District, of any other felony under the
3 laws of this State or of any offense committed or attempted
4 in any other state or against the laws of the United States
5 that, if committed or attempted in this State, would have
6 been punishable as a felony under the laws of this State.
7 Authorization for the investigation shall be furnished by the
8 applicant to the Chicago Park District. Upon receipt of this
9 authorization, the Chicago Park District shall submit the
10 applicant's name, sex, race, date of birth, and social
11 security number to the Department of State Police on forms
12 prescribed by the Department of State Police. The Department
13 of State Police shall conduct an investigation to ascertain
14 if the applicant being considered for employment has been
15 convicted of any of the enumerated criminal or drug offenses
16 in subsection (c) of this Section or has been convicted,
17 within 7 years of the application for employment with the
18 Chicago Park District, of any other felony under the laws of
19 this State or of any offense committed or attempted in any
20 other state or against the laws of the United States that, if
21 committed or attempted in this State, would have been
22 punishable as a felony under the laws of this State. The
23 Department of State Police shall charge the Chicago Park
24 District a fee for conducting the investigation, which fee
25 shall be deposited in the State Police Services Fund and
26 shall not exceed the cost of the inquiry. The applicant
27 shall not be charged a fee by the Chicago Park District for
28 the investigation.
29 (b) The Department of State Police shall furnish,
30 pursuant to positive identification, records of convictions,
31 until expunged, to the president of the Chicago Park
32 District. Any information concerning the record of
33 convictions obtained by the president shall be confidential
34 and may only be transmitted to those persons who are
-5- LRB9100151NTksam
1 necessary to the decision on whether to hire the applicant
2 for employment. A copy of the record of convictions obtained
3 from the Department of State Police shall be provided to the
4 applicant for employment. Any person who releases any
5 confidential information concerning any criminal convictions
6 of an applicant for employment shall be guilty of a Class A
7 misdemeanor, unless the release of such information is
8 authorized by this Section.
9 (c) The Chicago Park District may not knowingly employ a
10 person who has been convicted for committing attempted first
11 degree murder or for committing or attempting to commit first
12 degree murder, a Class X felony, or any one or more of the
13 following offenses: (i) those defined in Sections 11-6,
14 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
15 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
16 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
17 those defined in the Cannabis Control Act, except those
18 defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii)
19 those defined in the Illinois Controlled Substances Act; and
20 (iv) any offense committed or attempted in any other state or
21 against the laws of the United States, which, if committed or
22 attempted in this State, would have been punishable as one or
23 more of the foregoing offenses. Further, the Chicago Park
24 District may not knowingly employ a person who has been found
25 to be the perpetrator of sexual or physical abuse of any
26 minor under 18 years of age pursuant to proceedings under
27 Article II of the Juvenile Court Act of 1987. The Chicago
28 Park District may not knowingly employ a person for whom a
29 criminal background investigation has not been initiated.
30 Section 15. The School Code is amended by changing
31 Sections 10-21.9 and 34-18.5 as follows:
32 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
-6- LRB9100151NTksam
1 Sec. 10-21.9. Criminal background investigations.
2 (a) After August 1, 1985, certified and noncertified
3 applicants for employment with a school district, except
4 school bus driver applicants, are required as a condition of
5 employment to authorize an investigation to determine if such
6 applicants have been convicted of any of the enumerated
7 criminal or drug offenses in subsection (c) of this Section
8 or have been convicted, within 7 years of the application for
9 employment with the school district, of any other felony
10 under the laws of this State or of any offense committed or
11 attempted in any other state or against the laws of the
12 United States that, if committed or attempted in this State,
13 would have been punishable as a felony under the laws of this
14 State. Authorization for the investigation shall be furnished
15 by the applicant to the school district, except that if the
16 applicant is a substitute teacher seeking employment in more
17 than one school district, a teacher seeking concurrent
18 part-time employment positions with more than one school
19 district (as a reading specialist, special education teacher
20 or otherwise), or an educational support personnel employee
21 seeking employment positions with more than one district, any
22 such district may require the applicant to furnish
23 authorization for the investigation to the regional
24 superintendent of the educational service region in which are
25 located the school districts in which the applicant is
26 seeking employment as a substitute or concurrent part-time
27 teacher or concurrent educational support personnel employee.
28 Upon receipt of this authorization, the school district or
29 the appropriate regional superintendent, as the case may be,
30 shall submit the applicant's name, sex, race, date of birth
31 and social security number to the Department of State Police
32 on forms prescribed by the Department. The regional
33 superintendent submitting the requisite information to the
34 Department of State Police shall promptly notify the school
-7- LRB9100151NTksam
1 districts in which the applicant is seeking employment as a
2 substitute or concurrent part-time teacher or concurrent
3 educational support personnel employee that the investigation
4 of the applicant has been requested. The Department of State
5 Police shall conduct an investigation to ascertain if the
6 applicant being considered for employment has been convicted
7 of any of the enumerated criminal or drug offenses in
8 subsection (c) or has been convicted, within 7 years of the
9 application for employment with the school district, of any
10 other felony under the laws of this State or of any offense
11 committed or attempted in any other state or against the laws
12 of the United States that, if committed or attempted in this
13 State, would have been punishable as a felony under the laws
14 of this State. The Department shall charge the school
15 district or the appropriate regional superintendent a fee for
16 conducting such investigation, which fee shall be deposited
17 in the State Police Services Fund and shall not exceed the
18 cost of the inquiry; and the applicant shall not be charged a
19 fee for such investigation by the school district or by the
20 regional superintendent. The regional superintendent may
21 seek reimbursement from the State Board of Education or the
22 appropriate school district or districts for fees paid by the
23 regional superintendent to the Department for the criminal
24 background investigations required by this Section.
25 (b) The Department shall furnish, pursuant to positive
26 identification, records of convictions, until expunged, to
27 the president of the school board for the school district
28 which requested the investigation, or to the regional
29 superintendent who requested the investigation. Any
30 information concerning the record of convictions obtained by
31 the president of the school board or the regional
32 superintendent shall be confidential and may only be
33 transmitted to the superintendent of the school district or
34 his designee, the appropriate regional superintendent if the
-8- LRB9100151NTksam
1 investigation was requested by the school district, the
2 presidents of the appropriate school boards if the
3 investigation was requested from the Department of State
4 Police by the regional superintendent, the State
5 Superintendent of Education, the State Teacher Certification
6 Board or any other person necessary to the decision of hiring
7 the applicant for employment. A copy of the record of
8 convictions obtained from the Department of State Police
9 shall be provided to the applicant for employment. If an
10 investigation of an applicant for employment as a substitute
11 or concurrent part-time teacher or concurrent educational
12 support personnel employee in more than one school district
13 was requested by the regional superintendent, and the
14 Department of State Police upon investigation ascertains that
15 the applicant has not been convicted of any of the enumerated
16 criminal or drug offenses in subsection (c) or has not been
17 convicted, within 7 years of the application for employment
18 with the school district, of any other felony under the laws
19 of this State or of any offense committed or attempted in any
20 other state or against the laws of the United States that, if
21 committed or attempted in this State, would have been
22 punishable as a felony under the laws of this State and so
23 notifies the regional superintendent, then the regional
24 superintendent shall issue to the applicant a certificate
25 evidencing that as of the date specified by the Department of
26 State Police the applicant has not been convicted of any of
27 the enumerated criminal or drug offenses in subsection (c) or
28 has not been convicted, within 7 years of the application for
29 employment with the school district, of any other felony
30 under the laws of this State or of any offense committed or
31 attempted in any other state or against the laws of the
32 United States that, if committed or attempted in this State,
33 would have been punishable as a felony under the laws of this
34 State. The school board of any school district located in
-9- LRB9100151NTksam
1 the educational service region served by the regional
2 superintendent who issues such a certificate to an applicant
3 for employment as a substitute teacher in more than one such
4 district may rely on the certificate issued by the regional
5 superintendent to that applicant, or may initiate its own
6 investigation of the applicant through the Department of
7 State Police as provided in subsection (a). Any person who
8 releases any confidential information concerning any criminal
9 convictions of an applicant for employment shall be guilty of
10 a Class A misdemeanor, unless the release of such information
11 is authorized by this Section.
12 (c) No school board shall knowingly employ a person who
13 has been convicted for committing attempted first degree
14 murder or for committing or attempting to commit first degree
15 murder or a Class X felony or any one or more of the
16 following offenses: (i) those defined in Sections 11-6, 11-9,
17 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
18 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
19 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
20 in the "Cannabis Control Act" except those defined in
21 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
22 in the "Illinois Controlled Substances Act"; and (iv) any
23 offense committed or attempted in any other state or against
24 the laws of the United States, which if committed or
25 attempted in this State, would have been punishable as one or
26 more of the foregoing offenses. Further, no school board
27 shall knowingly employ a person who has been found to be the
28 perpetrator of sexual or physical abuse of any minor under 18
29 years of age pursuant to proceedings under Article II of the
30 Juvenile Court Act of 1987.
31 (d) No school board shall knowingly employ a person for
32 whom a criminal background investigation has not been
33 initiated.
34 (e) Upon receipt of the record of a conviction of or a
-10- LRB9100151NTksam
1 finding of child abuse by a holder of any certificate issued
2 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
3 School Code, the appropriate regional superintendent of
4 schools or the State Superintendent of Education shall
5 initiate the certificate suspension and revocation
6 proceedings authorized by law.
7 (f) After January 1, 1990 the provisions of this Section
8 shall apply to all employees of persons or firms holding
9 contracts with any school district including, but not limited
10 to, food service workers, school bus drivers and other
11 transportation employees, who have direct, daily contact with
12 the pupils of any school in such district. For purposes of
13 criminal background investigations on employees of persons or
14 firms holding contracts with more than one school district
15 and assigned to more than one school district, the regional
16 superintendent of the educational service region in which the
17 contracting school districts are located may, at the request
18 of any such school district, be responsible for receiving the
19 authorization for investigation prepared by each such
20 employee and submitting the same to the Department of State
21 Police. Any information concerning the record of conviction
22 of any such employee obtained by the regional superintendent
23 shall be promptly reported to the president of the
24 appropriate school board or school boards.
25 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
26 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
27 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
28 Sec. 34-18.5. Criminal background investigations.
29 (a) After August 1, 1985, certified and noncertified
30 applicants for employment with the school district are
31 required as a condition of employment to authorize an
32 investigation to determine if such applicants have been
33 convicted of any of the enumerated criminal or drug offenses
-11- LRB9100151NTksam
1 in subsection (c) of this Section or have been convicted,
2 within 7 years of the application for employment with the
3 school district, of any other felony under the laws of this
4 State or of any offense committed or attempted in any other
5 state or against the laws of the United States that, if
6 committed or attempted in this State, would have been
7 punishable as a felony under the laws of this State.
8 Authorization for the investigation shall be furnished by the
9 applicant to the school district, except that if the
10 applicant is a substitute teacher seeking employment in more
11 than one school district, or a teacher seeking concurrent
12 part-time employment positions with more than one school
13 district (as a reading specialist, special education teacher
14 or otherwise), or an educational support personnel employee
15 seeking employment positions with more than one district, any
16 such district may require the applicant to furnish
17 authorization for the investigation to the regional
18 superintendent of the educational service region in which are
19 located the school districts in which the applicant is
20 seeking employment as a substitute or concurrent part-time
21 teacher or concurrent educational support personnel employee.
22 Upon receipt of this authorization, the school district or
23 the appropriate regional superintendent, as the case may be,
24 shall submit the applicant's name, sex, race, date of birth
25 and social security number to the Department of State Police
26 on forms prescribed by the Department. The regional
27 superintendent submitting the requisite information to the
28 Department of State Police shall promptly notify the school
29 districts in which the applicant is seeking employment as a
30 substitute or concurrent part-time teacher or concurrent
31 educational support personnel employee that the investigation
32 of the applicant has been requested. The Department of State
33 Police shall conduct an investigation to ascertain if the
34 applicant being considered for employment has been convicted
-12- LRB9100151NTksam
1 of any of the enumerated criminal or drug offenses in
2 subsection (c) or has been convicted, within 7 years of the
3 application for employment with the school district, of any
4 other felony under the laws of this State or of any offense
5 committed or attempted in any other state or against the laws
6 of the United States that, if committed or attempted in this
7 State, would have been punishable as a felony under the laws
8 of this State. The Department shall charge the school
9 district or the appropriate regional superintendent a fee for
10 conducting such investigation, which fee shall be deposited
11 in the State Police Services Fund and shall not exceed the
12 cost of the inquiry; and the applicant shall not be charged a
13 fee for such investigation by the school district or by the
14 regional superintendent. The regional superintendent may
15 seek reimbursement from the State Board of Education or the
16 appropriate school district or districts for fees paid by the
17 regional superintendent to the Department for the criminal
18 background investigations required by this Section.
19 (b) The Department shall furnish, pursuant to positive
20 identification, records of convictions, until expunged, to
21 the president of the board of education for the school
22 district which requested the investigation, or to the
23 regional superintendent who requested the investigation. Any
24 information concerning the record of convictions obtained by
25 the president of the board of education or the regional
26 superintendent shall be confidential and may only be
27 transmitted to the general superintendent of the school
28 district or his designee, the appropriate regional
29 superintendent if the investigation was requested by the
30 board of education for the school district, the presidents of
31 the appropriate board of education or school boards if the
32 investigation was requested from the Department of State
33 Police by the regional superintendent, the State
34 Superintendent of Education, the State Teacher Certification
-13- LRB9100151NTksam
1 Board or any other person necessary to the decision of hiring
2 the applicant for employment. A copy of the record of
3 convictions obtained from the Department of State Police
4 shall be provided to the applicant for employment. If an
5 investigation of an applicant for employment as a substitute
6 or concurrent part-time teacher or concurrent educational
7 support personnel employee in more than one school district
8 was requested by the regional superintendent, and the
9 Department of State Police upon investigation ascertains that
10 the applicant has not been convicted of any of the enumerated
11 criminal or drug offenses in subsection (c) or has not been
12 convicted, within 7 years of the application for employment
13 with the school district, of any other felony under the laws
14 of this State or of any offense committed or attempted in any
15 other state or against the laws of the United States that, if
16 committed or attempted in this State, would have been
17 punishable as a felony under the laws of this State and so
18 notifies the regional superintendent, then the regional
19 superintendent shall issue to the applicant a certificate
20 evidencing that as of the date specified by the Department of
21 State Police the applicant has not been convicted of any of
22 the enumerated criminal or drug offenses in subsection (c) or
23 has not been convicted, within 7 years of the application for
24 employment with the school district, of any other felony
25 under the laws of this State or of any offense committed or
26 attempted in any other state or against the laws of the
27 United States that, if committed or attempted in this State,
28 would have been punishable as a felony under the laws of this
29 State. The school board of any school district located in
30 the educational service region served by the regional
31 superintendent who issues such a certificate to an applicant
32 for employment as a substitute or concurrent part-time
33 teacher or concurrent educational support personnel employee
34 in more than one such district may rely on the certificate
-14- LRB9100151NTksam
1 issued by the regional superintendent to that applicant, or
2 may initiate its own investigation of the applicant through
3 the Department of State Police as provided in subsection (a).
4 Any person who releases any confidential information
5 concerning any criminal convictions of an applicant for
6 employment shall be guilty of a Class A misdemeanor, unless
7 the release of such information is authorized by this
8 Section.
9 (c) The board of education shall not knowingly employ a
10 person who has been convicted for committing attempted first
11 degree murder or for committing or attempting to commit first
12 degree murder or a Class X felony or any one or more of the
13 following offenses: (i) those defined in Sections 11-6,
14 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
15 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
16 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
17 those defined in the Cannabis Control Act, except those
18 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
19 those defined in the Illinois Controlled Substances Act; and
20 (iv) any offense committed or attempted in any other state or
21 against the laws of the United States, which if committed or
22 attempted in this State, would have been punishable as one or
23 more of the foregoing offenses. Further, the board of
24 education shall not knowingly employ a person who has been
25 found to be the perpetrator of sexual or physical abuse of
26 any minor under 18 years of age pursuant to proceedings under
27 Article II of the Juvenile Court Act of 1987.
28 (d) The board of education shall not knowingly employ a
29 person for whom a criminal background investigation has not
30 been initiated.
31 (e) Upon receipt of the record of a conviction of or a
32 finding of child abuse by a holder of any certificate issued
33 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
34 School Code, the board of education or the State
-15- LRB9100151NTksam
1 Superintendent of Education shall initiate the certificate
2 suspension and revocation proceedings authorized by law.
3 (f) After March 19, 1990, the provisions of this Section
4 shall apply to all employees of persons or firms holding
5 contracts with any school district including, but not limited
6 to, food service workers, school bus drivers and other
7 transportation employees, who have direct, daily contact with
8 the pupils of any school in such district. For purposes of
9 criminal background investigations on employees of persons or
10 firms holding contracts with more than one school district
11 and assigned to more than one school district, the regional
12 superintendent of the educational service region in which the
13 contracting school districts are located may, at the request
14 of any such school district, be responsible for receiving the
15 authorization for investigation prepared by each such
16 employee and submitting the same to the Department of State
17 Police. Any information concerning the record of conviction
18 of any such employee obtained by the regional superintendent
19 shall be promptly reported to the president of the
20 appropriate school board or school boards.
21 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
22 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.".