Bill Status of HB4785  103rd General Assembly


Short Description:  NURSNG HOME-IDENTIFIED OFFENDR

House Sponsors
Rep. James D. Brosnahan - Lee A. Daniels - Kevin Joyce - Michael K. Smith - Thomas Holbrook, Joseph M. Lyons, Kevin A. McCarthy, Richard T. Bradley, Michelle Chavez, Maria Antonia Berrios, Robert Rita, Susana A Mendoza, Robert S. Molaro, Karen A. Yarbrough, Gary Hannig, Patrick J Verschoore, Jack McGuire, Larry McKeon, Kurt M. Granberg, Mary E. Flowers, Jack D. Franks, Linda Chapa LaVia, Harry Osterman and Charles E. Jefferson

Senate Sponsors
(Sen. Edward D. Maloney - Jacqueline Y. Collins - Mattie Hunter, Kimberly A. Lightford and Don Harmon)

Last Action
DateChamber Action
  5/10/2006HousePublic Act . . . . . . . . . 94-0752

Statutes Amended In Order of Appearance
55 ILCS 5/3-3013from Ch. 34, par. 3-3013
55 ILCS 5/3-3020from Ch. 34, par. 3-3020
210 ILCS 28/85 rep.
210 ILCS 45/2-110from Ch. 111 1/2, par. 4152-110
210 ILCS 45/2-201.5
210 ILCS 45/2-201.6 new
210 ILCS 45/2-208from Ch. 111 1/2, par. 4152-208
210 ILCS 45/2-216
210 ILCS 45/3-202.3 rep.
210 ILCS 45/3-202.4 rep.
730 ILCS 110/12from Ch. 38, par. 204-4


Synopsis As Introduced
Amends the Counties Code, the Abuse Prevention Review Team Act, the Nursing Home Care Act, and the Probation and Probation Officers Act. Provides that all deaths in licensed long-term care facilities and all deaths in hospitals in cases in which the deceased had been transferred to the hospital from a long-term care facility within the preceding 5 days must be reported to the coroner of the county in which the facility is located; requires that the coroner be notified immediately (instead of promptly) in the case of certain deaths. Repeals a provision repealing the Abuse Prevention Review Team Act on July 1, 2006. Requires a nursing home to request a criminal history background check on all residents; requires a nursing home to fax a resident's name and criminal history information to the Department of Public Health if the resident is an identified offender. Requires the Department of Public Health to conduct an Identified Offender Risk Analysis with respect to a nursing home resident who is an identified offender. Authorizes the Director of Public Health to waive certain requirements concerning notice to nursing home residents, employees, and visitors that an identified offender is a resident of the nursing home. Deletes a requirement that a probation officer provide copies of certain reports to certain facilities and State agencies. Makes other changes. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
55 ILCS 5/3-3013
55 ILCS 5/3-3020
210 ILCS 45/2-208
Adds reference to:
210 ILCS 45/3-402from Ch. 111 1/2, par. 4153-402

Replaces everything after the enacting clause with provisions substantially similar to those of House Bill 4785, amending the Abuse Prevention Review Team Act, the Nursing Home Care Act, and the Probation and Probation Officers Act, but with changes that include the following: (1) omits changes to the Counties Code and the Nursing Home Care Act concerning reports of nursing home resident deaths to the coroner; (2) sets forth procedures for conducting nursing home preadmission criminal history background checks; (3) changes "Identified Offender Risk Analysis" to "Criminal History Analysis", and requires the Department of Public Health to complete an analysis as soon as practicable, but not later than 14 days (instead of within 10 days) after receiving notice from a nursing home; (4) adds items to be included in a Criminal History Analysis; (5) provides that if, based on the Criminal History Analysis Report, a nursing home determines that it cannot manage an identified offender resident, it must commence involuntary transfer or discharge proceedings (instead of contact the Department of Public Health to locate an alternative facility); (6) provides for immunity from civil and criminal liability for any person authorized to participate in the development of a Criminal History Analysis or Criminal History Analysis Report; and (7) replaces provisions concerning notice to nursing home residents and employees in connection with identified offenders. Effective immediately.

House Floor Amendment No. 2
Deletes reference to:
210 ILCS 45/3-402

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, with changes that include the following: (1) in provisions concerning criminal history background checks for persons seeking admission to a nursing home, (A) creates an exception for long term care for under age 22 facilities, (B) provides that "the facility" shall initiate a fingerprint-based check, (C) provides for a waiver of the fingerprint-based check requirement if a resident meets other criteria related to the resident's health or lack of potential risk which may be established by Department of Public Health rule, (D) adds provisions concerning procedures for conducting fingerprint-based checks, and (E) provides for fingerprint-based checks in the case of persons who are nursing home residents on the effective date of this amendatory Act; (2) deletes references to the URLs for the State Police and Department of Corrections websites; and (3) deletes amendatory provisions concerning involuntary transfer or discharge of nursing home residents. Effective immediately.

Actions 
DateChamber Action
  1/18/2006HouseFiled with the Clerk by Rep. James D. Brosnahan
  1/18/2006HouseFirst Reading
  1/18/2006HouseReferred to Rules Committee
  1/19/2006HouseAdded Chief Co-Sponsor Rep. Lee A. Daniels
  1/19/2006HouseAdded Chief Co-Sponsor Rep. Kevin Joyce
  2/7/2006HouseAssigned to Aging Committee
  2/16/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Aging Committee
  2/16/2006HouseHouse Committee Amendment No. 1 Adopted in Aging Committee; by Voice Vote
  2/16/2006HouseDo Pass as Amended / Short Debate Aging Committee; 016-000-000
  2/16/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2006HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  2/16/2006HouseAdded Co-Sponsor Rep. Kevin A. McCarthy
  2/16/2006HouseAdded Co-Sponsor Rep. Richard T. Bradley
  2/16/2006HouseAdded Co-Sponsor Rep. Michelle Chavez
  2/16/2006HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  2/16/2006HouseAdded Co-Sponsor Rep. Robert Rita
  2/16/2006HouseAdded Co-Sponsor Rep. Susana A Mendoza
  2/16/2006HouseAdded Co-Sponsor Rep. Robert S. Molaro
  2/28/2006HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  2/28/2006HouseAdded Co-Sponsor Rep. Annazette Collins
  2/28/2006HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/28/2006HouseAdded Co-Sponsor Rep. Gary Hannig
  2/28/2006HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  2/28/2006HouseAdded Co-Sponsor Rep. Jack McGuire
  2/28/2006HouseAdded Co-Sponsor Rep. Larry McKeon
  2/28/2006HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  2/28/2006HouseSecond Reading - Short Debate
  2/28/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  3/1/2006HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. James D. Brosnahan
  3/1/2006HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/1/2006HouseAdded Chief Co-Sponsor Rep. Michael K. Smith
  3/1/2006HouseAdded Chief Co-Sponsor Rep. Thomas Holbrook
  3/1/2006HouseRemoved Co-Sponsor Rep. Kathleen A. Ryg
  3/2/2006HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  3/2/2006HouseAdded Co-Sponsor Rep. Mary E. Flowers
  3/2/2006HouseHouse Floor Amendment No. 2 Adopted 100-008-005
  3/2/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/2/2006HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/2/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/2/2006HouseAdded Co-Sponsor Rep. Harry Osterman
  3/3/2006HouseRemoved Co-Sponsor Rep. Annazette Collins
  3/3/2006HouseThird Reading - Short Debate - Passed 106-005-003
  3/7/2006SenateArrive in Senate
  3/7/2006SenatePlaced on Calendar Order of First Reading
  3/7/2006SenateChief Senate Sponsor Sen. Edward D. Maloney
  3/7/2006SenateFirst Reading
  3/7/2006SenateReferred to Rules
  3/8/2006SenateAssigned to Judiciary
  3/15/2006SenateDo Pass Judiciary; 009-000-000
  3/15/2006SenatePlaced on Calendar Order of 2nd Reading March 16, 2006
  3/16/2006SenateSecond Reading
  3/16/2006SenatePlaced on Calendar Order of 3rd Reading March 22, 2006
  3/27/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/27/2006SenateThird Reading - Passed; 050-000-000
  3/27/2006HousePassed Both Houses
  3/28/2006HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/5/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  4/7/2006SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  4/11/2006SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  4/25/2006HouseSent to the Governor
  5/10/2006HouseGovernor Approved
  5/10/2006HouseEffective Date May 10, 2006
  5/10/2006HousePublic Act . . . . . . . . . 94-0752