IL
Illinois House Bill HB3835

Illinois 2023-2024 Regular Session

Illinois House Bill HB3835 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3835 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: 310 ILCS 10/3a new Amends the Housing Authorities Act. Provides that each person considered or recommended for appointment as a commissioner of a Housing Authority shall complete an application prior to his or her appointment. Requires the application to include a question concerning whether the person has been convicted of or found to be a child sex offender. Provides that no presiding officer of any municipality or county and no governing body of the unit of local government shall knowingly consider for appointment a person who has been convicted of or found to be a child sex offender, and shall remove such person from consideration upon discovery of the offense. Requires any commissioner of a Housing Authority to immediately disclose his or her conviction for a child sex offense to the presiding officer and governing body. Requires each person considered or recommended for appointment as a commissioner of a Housing Authority to authorize a criminal history investigation to determine if he or she has been convicted of specified criminal or drug offenses. Requires the Illinois State Police to conduct the criminal history investigation, upon request, for a fee charged to the municipality or county that requested the investigation. Requires the Illinois State Police and the Federal Bureau of Investigation to furnish the results of the investigation to the presiding officer and governing body of the unit of local government. Provides that any information or criminal records obtained by the presiding officer and the governing body shall be confidential. Provides that no presiding officer or governing body shall knowingly appoint or approve the appointment of any person who has been convicted of specified criminal or drug offenses. Effective immediately. LRB103 25451 KTG 51800 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3835 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: 310 ILCS 10/3a new 310 ILCS 10/3a new Amends the Housing Authorities Act. Provides that each person considered or recommended for appointment as a commissioner of a Housing Authority shall complete an application prior to his or her appointment. Requires the application to include a question concerning whether the person has been convicted of or found to be a child sex offender. Provides that no presiding officer of any municipality or county and no governing body of the unit of local government shall knowingly consider for appointment a person who has been convicted of or found to be a child sex offender, and shall remove such person from consideration upon discovery of the offense. Requires any commissioner of a Housing Authority to immediately disclose his or her conviction for a child sex offense to the presiding officer and governing body. Requires each person considered or recommended for appointment as a commissioner of a Housing Authority to authorize a criminal history investigation to determine if he or she has been convicted of specified criminal or drug offenses. Requires the Illinois State Police to conduct the criminal history investigation, upon request, for a fee charged to the municipality or county that requested the investigation. Requires the Illinois State Police and the Federal Bureau of Investigation to furnish the results of the investigation to the presiding officer and governing body of the unit of local government. Provides that any information or criminal records obtained by the presiding officer and the governing body shall be confidential. Provides that no presiding officer or governing body shall knowingly appoint or approve the appointment of any person who has been convicted of specified criminal or drug offenses. Effective immediately. LRB103 25451 KTG 51800 b LRB103 25451 KTG 51800 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3835 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
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55 Amends the Housing Authorities Act. Provides that each person considered or recommended for appointment as a commissioner of a Housing Authority shall complete an application prior to his or her appointment. Requires the application to include a question concerning whether the person has been convicted of or found to be a child sex offender. Provides that no presiding officer of any municipality or county and no governing body of the unit of local government shall knowingly consider for appointment a person who has been convicted of or found to be a child sex offender, and shall remove such person from consideration upon discovery of the offense. Requires any commissioner of a Housing Authority to immediately disclose his or her conviction for a child sex offense to the presiding officer and governing body. Requires each person considered or recommended for appointment as a commissioner of a Housing Authority to authorize a criminal history investigation to determine if he or she has been convicted of specified criminal or drug offenses. Requires the Illinois State Police to conduct the criminal history investigation, upon request, for a fee charged to the municipality or county that requested the investigation. Requires the Illinois State Police and the Federal Bureau of Investigation to furnish the results of the investigation to the presiding officer and governing body of the unit of local government. Provides that any information or criminal records obtained by the presiding officer and the governing body shall be confidential. Provides that no presiding officer or governing body shall knowingly appoint or approve the appointment of any person who has been convicted of specified criminal or drug offenses. Effective immediately.
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1111 1 AN ACT concerning housing.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Housing Authorities Act is amended by
1515 5 adding Section 3a as follows:
1616 6 (310 ILCS 10/3a new)
1717 7 Sec. 3a. Commissioner applications; criminal background
1818 8 investigations.
1919 9 (a) As used in this Section:
2020 10 "Child sex offender" has the meaning provided in paragraph
2121 11 (1) of subsection (d) of Section 11-9.3 of the Criminal Code of
2222 12 2012.
2323 13 (b) Each person considered or recommended for appointment
2424 14 as a commissioner of a Housing Authority shall complete an
2525 15 application prior to his or her appointment to the Housing
2626 16 Authority. The application shall include, but shall not be
2727 17 limited to, a question for the person to answer concerning
2828 18 whether the person has been convicted of or found to be a child
2929 19 sex offender. No presiding officer of any municipality or
3030 20 county and no governing body of the unit of local government
3131 21 shall knowingly consider for appointment a person who has been
3232 22 convicted of or found to be a child sex offender. A presiding
3333 23 officer or the governing body shall remove such person from
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3835 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
3838 310 ILCS 10/3a new 310 ILCS 10/3a new
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4040 Amends the Housing Authorities Act. Provides that each person considered or recommended for appointment as a commissioner of a Housing Authority shall complete an application prior to his or her appointment. Requires the application to include a question concerning whether the person has been convicted of or found to be a child sex offender. Provides that no presiding officer of any municipality or county and no governing body of the unit of local government shall knowingly consider for appointment a person who has been convicted of or found to be a child sex offender, and shall remove such person from consideration upon discovery of the offense. Requires any commissioner of a Housing Authority to immediately disclose his or her conviction for a child sex offense to the presiding officer and governing body. Requires each person considered or recommended for appointment as a commissioner of a Housing Authority to authorize a criminal history investigation to determine if he or she has been convicted of specified criminal or drug offenses. Requires the Illinois State Police to conduct the criminal history investigation, upon request, for a fee charged to the municipality or county that requested the investigation. Requires the Illinois State Police and the Federal Bureau of Investigation to furnish the results of the investigation to the presiding officer and governing body of the unit of local government. Provides that any information or criminal records obtained by the presiding officer and the governing body shall be confidential. Provides that no presiding officer or governing body shall knowingly appoint or approve the appointment of any person who has been convicted of specified criminal or drug offenses. Effective immediately.
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6868 1 consideration upon discovery of the offense.
6969 2 If any commissioner of a Housing Authority is convicted of
7070 3 or found to be a child sex offender, the commissioner shall
7171 4 immediately disclose the conviction or finding to the
7272 5 presiding officer having appointment authority and to the
7373 6 governing body of the unit of local government.
7474 7 (c) Each person considered or recommended for appointment
7575 8 as a commissioner of a Housing Authority is required as a
7676 9 condition of his or her appointment to authorize an
7777 10 investigation to determine if he or she has been convicted of
7878 11 any of the enumerated criminal or drug offenses in subsection
7979 12 (e) or (f) of this Section, or adjudicated a delinquent minor
8080 13 for any of the enumerated criminal or drug offenses in
8181 14 subsection (e) or (f) of this Section, or has been convicted,
8282 15 within 7 years prior to the date of his or her application
8383 16 required under subsection (b), of any other felony under the
8484 17 laws of this State or of any offense committed or attempted in
8585 18 any other state or against the laws of the United States that,
8686 19 if committed or attempted in this State, would have been
8787 20 punishable as a felony under the laws of this State.
8888 21 Authorization for the investigation shall be furnished by the
8989 22 person to the presiding officer and the governing body. Upon
9090 23 receipt of this authorization, the presiding officer, in
9191 24 consultation with the governing body, shall submit the
9292 25 person's name, sex, race, date of birth, and social security
9393 26 number to the Illinois State Police on forms prescribed by the
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104104 1 Illinois State Police. The Illinois State Police shall conduct
105105 2 a search of the Illinois criminal history records database to
106106 3 ascertain if the person being considered for appointment has
107107 4 been convicted of any of the enumerated criminal or drug
108108 5 offenses in subsection (e) or (f) of this Section, or
109109 6 adjudicated a delinquent minor for committing or attempting to
110110 7 commit any of the enumerated criminal or drug offenses in
111111 8 subsection (e) or (f) of this Section, or has been convicted of
112112 9 committing or attempting to commit, within 7 years prior to
113113 10 the date of his or her application required under subsection
114114 11 (b), any other felony under the laws of this State. The
115115 12 Illinois State Police shall charge the municipality or county
116116 13 a fee for conducting the investigation, which fee shall be
117117 14 deposited into the State Police Services Fund and shall not
118118 15 exceed the cost of the inquiry. The person shall not be charged
119119 16 a fee by the municipality or county for the investigation.
120120 17 (d) If the search of the Illinois criminal history record
121121 18 database indicates that the person has been convicted of any
122122 19 of the enumerated criminal or drug offenses in subsection (e)
123123 20 or (f), or adjudicated a delinquent minor for committing or
124124 21 attempting to commit any of the enumerated criminal or drug
125125 22 offenses in subsection (e) or (f), or has been convicted of
126126 23 committing or attempting to commit, within 7 years prior to
127127 24 the date of his or her application required under subsection
128128 25 (b), any other felony under the laws of this State, the
129129 26 Illinois State Police and the Federal Bureau of Investigation
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140140 1 shall furnish, pursuant to a fingerprint-based background
141141 2 check, records of convictions or adjudications as a delinquent
142142 3 minor, until expunged, to the presiding officer and the
143143 4 governing body. Any information concerning the record of
144144 5 convictions or adjudications as a delinquent minor obtained by
145145 6 the presiding officer and the governing body shall be
146146 7 confidential and may only be transmitted to those persons who
147147 8 are necessary to the decision on whether to appoint the person
148148 9 to the Housing Authority. A copy of the record of convictions
149149 10 or adjudications as a delinquent minor obtained from the
150150 11 Illinois State Police shall be provided to the person
151151 12 considered or recommended for appointment. Any individual who
152152 13 releases any confidential information concerning any criminal
153153 14 convictions or adjudications as a delinquent minor of the
154154 15 person considered or recommended for appointment shall be
155155 16 guilty of a Class A misdemeanor, unless the release of such
156156 17 information is authorized by this Section.
157157 18 (e) No presiding officer or governing body shall knowingly
158158 19 appoint or approve the appointment of any person who has been
159159 20 convicted, or adjudicated a delinquent minor, for committing
160160 21 attempted first degree murder or for committing or attempting
161161 22 to commit first degree murder, a Class X felony, or any one or
162162 23 more of the following criminal offenses: (i) those defined in
163163 24 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
164164 25 11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18,
165165 26 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
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176176 1 11-21, 11-30 (if convicted of a Class 4 felony), 12-7.3,
177177 2 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the
178178 3 Criminal Code of 1961 or the Criminal Code of 2012; and (ii)
179179 4 any offense committed or attempted in any other state or
180180 5 against the laws of the United States, which, if committed or
181181 6 attempted in this State, would have been punishable as one or
182182 7 more of the foregoing offenses. Further, no presiding officer
183183 8 or governing body shall knowingly appoint or approve the
184184 9 appointment of any person who has been found to be the
185185 10 perpetrator of sexual or physical abuse of any minor under 18
186186 11 years of age pursuant to proceedings under Article II of the
187187 12 Juvenile Court Act of 1987. No presiding officer or governing
188188 13 board shall knowingly appoint or approve the appointment of
189189 14 any person for whom a criminal background investigation has
190190 15 not been initiated.
191191 16 (f) No presiding officer or governing body shall knowingly
192192 17 appoint or approve the appointment of any person who has been
193193 18 convicted of the following drug offenses, other than an
194194 19 offense set forth in subsection (e), until 7 years following
195195 20 the end of the sentence imposed for any of the following
196196 21 offenses: (i) those defined in the Cannabis Control Act,
197197 22 except those defined in subsections (a), (b), and (c) of
198198 23 Section 4 of that Act and in subsections (a) and (b) of Section
199199 24 (5) of that Act; (ii) those defined in the Illinois Controlled
200200 25 Substances Act; (iii) those defined in the Methamphetamine
201201 26 Control and Community Protection Act; and (iv) any offense
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212212 1 committed or attempted in any other state or against the laws
213213 2 of the United States, which, if committed or attempted in this
214214 3 State, would have been punishable as one or more of the
215215 4 foregoing offenses. As used in this paragraph, "sentence"
216216 5 includes any period of supervision or probation that was
217217 6 imposed either alone or in combination with a period of
218218 7 incarceration.
219219 8 (g) Notwithstanding the provisions of subsections (e) and
220220 9 (f), a presiding officer or governing body may, in its
221221 10 discretion, appoint or approve the appointment of a person who
222222 11 has been granted a certificate of good conduct under Section
223223 12 5-5.5-25 of the Unified Code of Corrections by the circuit
224224 13 court.
225225 14 Section 99. Effective date. This Act takes effect upon
226226 15 becoming law.
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