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Public Act 094-0709
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| HB3801 Enrolled |
LRB094 03494 RAS 33497 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Medical School Matriculant Criminal History Records Check Act.
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Section 5. Definitions. |
"Matriculant" means an individual who is conditionally |
admitted as a student to a medical school located in Illinois, |
pending the medical school's consideration of his or her |
criminal history records check under this Act. |
"Sex offender" means any person who is convicted pursuant |
to Illinois law or any
substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign country law |
with any of
the following sex offenses set forth in the |
Criminal Code
of 1961: |
(1) Indecent solicitation of a child. |
(2) Sexual exploitation of a child. |
(3) Custodial sexual misconduct. |
(4) Exploitation of a child. |
(5) Child pornography. |
"Violent felony" means any of the following offenses, as
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defined by the Criminal Code of 1961: |
(1) First degree murder. |
(2) Second degree murder. |
(3) Predatory criminal sexual assault of a child. |
(4) Aggravated criminal sexual assault. |
(5) Criminal sexual assault. |
(6) Aggravated arson. |
(7) Aggravated kidnapping. |
(8) Kidnapping. |
(9) Aggravated battery resulting in great bodily harm |
or permanent disability or disfigurement.
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Section 10. Criminal history records check for |
matriculants. A medical school located in Illinois
must require |
that each matriculant submit to a fingerprint-based criminal |
history records check for violent felony convictions and any |
adjudication of the matriculant as a sex offender conducted by |
the Department of State Police and the Federal Bureau of |
Investigation as part of the medical school admissions process. |
A medical school shall forward the name, sex, race, date of |
birth, social security number, and fingerprints of each of its |
matriculants to the Department of State Police to be searched |
against the Statewide Sex Offender Database and the fingerprint |
records
now and hereafter filed in the Department of State |
Police and
Federal Bureau of Investigation criminal history |
records
databases. The fingerprints of each matriculant must be |
submitted in the form and manner prescribed by the Department |
of State Police. The Department of State Police shall furnish,
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pursuant to positive identification, records of a |
matriculant's
violent felony convictions and any record of a |
matriculant's
adjudication as a sex offender to the medical |
school that
requested the criminal history records check.
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Section 15. Fees. The Department of State Police shall |
charge each requesting medical school a fee for conducting the |
criminal history records check under Section 10 of this Act, |
which shall be deposited in the State Police Services Fund and |
shall not exceed the cost of the inquiry. Each requesting |
medical school is solely responsible for payment of this fee to |
the Department of State Police. Each medical school may impose |
its own fee upon a matriculant to cover the cost of the |
criminal history records check at the time the matriculant |
submits to the criminal history records check.
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Section 20. Admissions decision. The information collected |
under this Act as a result of the criminal history records |
check must be considered by the requesting medical school in |
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determining whether or not to officially admit a matriculant. |
Upon a medical school's evaluation of a matriculant's criminal |
history records check, a matriculant who has been convicted of |
a violent felony conviction or adjudicated a sex offender may |
be precluded from gaining official admission to that medical |
school; however, a violent felony conviction or an adjudication |
as a sex offender shall not serve as an automatic bar to |
official admission to a medical school located in Illinois.
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Section 25. Civil immunity. Except for wilful or wanton |
misconduct, no medical school acting under the provisions of |
this Act shall be civilly liable to any matriculant for any |
decision made pursuant to Section 20 of this Act.
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Section 30. Applicability. This Act applies only to |
matriculants who are conditionally admitted to a medical school |
located in Illinois on or after the effective date of this Act.
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Section 90. The Department of State Police Law of the
Civil |
Administrative Code of Illinois is amended by adding Section |
2605-327 as follows:
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(20 ILCS 2605/2605-327 new) |
Sec. 2605-327. Conviction and sex offender information for |
medical school. Upon the request of a medical school under the |
Medical School Matriculant Criminal History Records Check Act, |
to ascertain whether a matriculant of the medical school has |
been convicted of any violent felony or has been adjudicated a |
sex offender. The Department shall furnish this information to |
the medical school that requested the information. |
Pursuant to the Medical School Matriculant Criminal |
History Records Check Act, the Department shall conduct a |
fingerprint-based criminal history records check of the |
Statewide Sex Offender Database, the Illinois criminal history |
records database, and the Federal Bureau of Investigation |
criminal history records database. The Department may charge |