Bill Text: IL HB4162 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Park District Code. Requires criminal background investigations for persons wishing to participate as a coach or official in a youth sports program. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4162 Detail]

Download: Illinois-2009-HB4162-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4162 Introduced 2/27/2009, by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED:
70 ILCS 1205/8-23
Amends the Park District Code. Requires criminal background investigations for persons wishing to participate as a coach or official in a youth sports program. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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 or for permission to
participate as a coach or official in a youth sports program
with a park district is required as a condition of employment
or participation to authorize an investigation to determine if
the applicant has been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section or
has been convicted, within 7 years of the application for
employment or participation 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

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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 or participation has been convicted of committing or
attempting to commit any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment or participation 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
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment or participation 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, until expunged, to
the president of the park district. Any information concerning

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the record of convictions 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 or allow the applicant to participate. A copy of
the record of convictions obtained from the Department of State
Police shall be provided to the applicant for employment or
participation. Any person who releases any confidential
information concerning any criminal convictions of an
applicant for employment or participation 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 or
allow the participation of any person who has been convicted
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 offenses: (i) those defined
in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13,
12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961;
(ii) those defined in the Cannabis Control Act, except those
defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii)
those defined in the Illinois Controlled Substances Act; (iv)
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

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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 or allow a person to
participate for whom a criminal background investigation has
not been initiated.
(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.