Rep. Tom Weber

Filed: 3/9/2023

 

 


 

 


 
10300HB3583ham001LRB103 30047 SPS 58193 a

1
AMENDMENT TO HOUSE BILL 3583

2    AMENDMENT NO. ______. Amend House Bill 3583 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Health Care Worker Background Check Act is
5amended by changing Sections 10, 15, and 25 as follows:
 
6    (225 ILCS 46/10)
7    Sec. 10. Applicability.
8    (a) This Act applies to all individuals employed or
9retained by a health care employer as home health care aides,
10nurse aides, personal care assistants, private duty nurse
11aides, day training personnel, or an individual working in any
12similar health-related occupation where he or she provides
13direct care or has access to long-term care residents or the
14living quarters or financial, medical, or personal records of
15long-term care residents. This Act also applies to all
16employees of licensed or certified long-term care facilities

 

 

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1who have or may have contact with residents or access to the
2living quarters or the financial, medical, or personal records
3of residents.
4    (b) This Act applies to persons licensed, certified, or
5registered by the Department of Financial and Professional
6Regulation under the Medical Practice Act of 1987, the Nurse
7Practice Act, the Illinois Dental Practice Act, the Massage
8Licensing Act, the Illinois Optometric Practice Act of 1987,
9the Orthotics, Prosthetics, and Pedorthics Practice Act, the
10Illinois Physical Therapy Act, the Physician Assistant
11Practice Act of 1987, the Podiatric Medical Practice Act of
121987, the Respiratory Care Practice Act, the Registered
13Surgical Assistant and Registered Surgical Technologist Title
14Protection Act, the Acupuncture Practice Act, and the Illinois
15Athletic Trainers Practice Act and estheticians and esthetics
16teachers licensed under the Barber, Cosmetology, Esthetics,
17Hair Braiding, and Nail Technology Act of 1985.
18(Source: P.A. 94-665, eff. 1-1-06.)
 
19    (225 ILCS 46/15)
20    Sec. 15. Definitions. In this Act:
21    "Applicant" means an individual enrolling in a training
22program, seeking employment, whether paid or on a volunteer
23basis, with a health care employer who has received a bona fide
24conditional offer of employment.
25    "Conditional offer of employment" means a bona fide offer

 

 

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1of employment by a health care employer to an applicant, which
2is contingent upon the receipt of a report from the Department
3of Public Health indicating that the applicant does not have a
4record of conviction of any of the criminal offenses
5enumerated in Section 25.
6    "Department" means the Department of Public Health or the
7Department of Financial and Professional Regulation with
8regard to persons licensed, certified, or registered by the
9Department of Professional Regulation under any of the Acts
10specified in subsection (b) of Section 10.
11    "Direct care" means the provision of nursing care or
12assistance with feeding, dressing, movement, bathing,
13toileting, or other personal needs, including home services as
14defined in the Home Health, Home Services, and Home Nursing
15Agency Licensing Act. The entity responsible for inspecting
16and licensing, certifying, or registering the health care
17employer may, by administrative rule, prescribe guidelines for
18interpreting this definition with regard to the health care
19employers that it licenses.
20    "Director" means the Director of Public Health.
21    "Disqualifying offenses" means those offenses set forth in
22Section 25 of this Act.
23    "Employee" means any individual hired, employed, or
24retained, whether paid or on a volunteer basis, to which this
25Act applies.
26    "Finding" means the Department's determination of whether

 

 

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1an allegation is verified and substantiated.
2    "Fingerprint-based criminal history records check" means a
3livescan fingerprint-based criminal history records check
4submitted as a fee applicant inquiry in the form and manner
5prescribed by the Illinois State Police.
6    "Health care employer" means:
7        (1) the owner or licensee of any of the following:
8            (i) a community living facility, as defined in the
9        Community Living Facilities Licensing Act;
10            (ii) a life care facility, as defined in the Life
11        Care Facilities Act;
12            (iii) a long-term care facility;
13            (iv) a home health agency, home services agency,
14        or home nursing agency as defined in the Home Health,
15        Home Services, and Home Nursing Agency Licensing Act;
16            (v) a hospice care program or volunteer hospice
17        program, as defined in the Hospice Program Licensing
18        Act;
19            (vi) a hospital, as defined in the Hospital
20        Licensing Act;
21            (vii) (blank);
22            (viii) a nurse agency, as defined in the Nurse
23        Agency Licensing Act;
24            (ix) a respite care provider, as defined in the
25        Respite Program Act;
26            (ix-a) an establishment licensed under the

 

 

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1        Assisted Living and Shared Housing Act;
2            (x) a supportive living program, as defined in the
3        Illinois Public Aid Code;
4            (xi) early childhood intervention programs as
5        described in 59 Ill. Adm. Code 121;
6            (xii) the University of Illinois Hospital,
7        Chicago;
8            (xiii) programs funded by the Department on Aging
9        through the Community Care Program;
10            (xiv) programs certified to participate in the
11        Supportive Living Program authorized pursuant to
12        Section 5-5.01a of the Illinois Public Aid Code;
13            (xv) programs listed by the Emergency Medical
14        Services (EMS) Systems Act as Freestanding Emergency
15        Centers;
16            (xvi) locations licensed under the Alternative
17        Health Care Delivery Act;
18        (2) a day training program certified by the Department
19    of Human Services;
20        (3) a community integrated living arrangement operated
21    by a community mental health and developmental service
22    agency, as defined in the Community-Integrated Living
23    Arrangements Licensure and Certification Act;
24        (4) the State Long Term Care Ombudsman Program,
25    including any regional long term care ombudsman programs
26    under Section 4.04 of the Illinois Act on the Aging, only

 

 

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1    for the purpose of securing background checks; or
2        (5) the Department of Corrections or a third-party
3    vendor employing certified nursing assistants working with
4    the Department of Corrections.
5    "Initiate" means obtaining from a student, applicant, or
6employee his or her social security number, demographics, a
7disclosure statement, and an authorization for the Department
8of Public Health or its designee to request a
9fingerprint-based criminal history records check; transmitting
10this information electronically to the Department of Public
11Health; conducting Internet searches on certain web sites,
12including without limitation the Illinois Sex Offender
13Registry, the Department of Corrections' Sex Offender Search
14Engine, the Department of Corrections' Inmate Search Engine,
15the Department of Corrections Wanted Fugitives Search Engine,
16the National Sex Offender Public Registry, and the List of
17Excluded Individuals and Entities database on the website of
18the Health and Human Services Office of Inspector General to
19determine if the applicant has been adjudicated a sex
20offender, has been a prison inmate, or has committed Medicare
21or Medicaid fraud, or conducting similar searches as defined
22by rule; and having the student, applicant, or employee's
23fingerprints collected and transmitted electronically to the
24Illinois State Police.
25    "Livescan vendor" means an entity whose equipment has been
26certified by the Illinois State Police to collect an

 

 

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1individual's demographics and inkless fingerprints and, in a
2manner prescribed by the Illinois State Police and the
3Department of Public Health, electronically transmit the
4fingerprints and required data to the Illinois State Police
5and a daily file of required data to the Department of Public
6Health. The Department of Public Health shall negotiate a
7contract with one or more vendors that effectively demonstrate
8that the vendor has 2 or more years of experience transmitting
9fingerprints electronically to the Illinois State Police and
10that the vendor can successfully transmit the required data in
11a manner prescribed by the Department of Public Health. Vendor
12authorization may be further defined by administrative rule.
13    "Long-term care facility" means a facility licensed by the
14State or certified under federal law as a long-term care
15facility, including without limitation facilities licensed
16under the Nursing Home Care Act, the Specialized Mental Health
17Rehabilitation Act of 2013, the ID/DD Community Care Act, or
18the MC/DD Act, a supportive living facility, an assisted
19living establishment, or a shared housing establishment or
20registered as a board and care home.
21    "Resident" means a person, individual, or patient under
22the direct care of a health care employer or who has been
23provided goods or services by a health care employer.
24(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21;
25102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff.
265-13-22.)
 

 

 

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1    (225 ILCS 46/25)
2    Sec. 25. Hiring of people with criminal records by health
3care employers and long-term care facilities.
4    (a) A health care employer or long-term care facility may
5hire, employ, or retain any individual in a position involving
6direct care for clients, patients, or residents, or access to
7the living quarters or the financial, medical, or personal
8records of clients, patients, or residents who has been
9convicted of committing or attempting to commit one or more of
10the following offenses only with a waiver described in Section
1140: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
129-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
1310-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
1411-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
1511-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
1612-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
1712-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
1812-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,
1912-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
2016A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
2119-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
2224-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
23in subsection (a) of Section 12-3 or subsection (a) or (b) of
24Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
25Code of 2012; those provided in Section 4 of the Wrongs to

 

 

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1Children Act; those provided in Section 53 of the Criminal
2Jurisprudence Act; those defined in subsection (c), (d), (e),
3(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
4Cannabis Control Act; those defined in the Methamphetamine
5Control and Community Protection Act; those defined in
6Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
7Illinois Controlled Substances Act; or subsection (a) of
8Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
9for Animals Act.
10    (a-1) A health care employer or long-term care facility
11may hire, employ, or retain any individual in a position
12involving direct care for clients, patients, or residents, or
13access to the living quarters or the financial, medical, or
14personal records of clients, patients, or residents who has
15been convicted of committing or attempting to commit one or
16more of the following offenses only with a waiver described in
17Section 40: those offenses defined in Section 12-3.3,
1812-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
1917-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or
2024-3.3, or subsection (b) of Section 17-32, subsection (b) of
21Section 18-1, or subsection (b) of Section 20-1, of the
22Criminal Code of 1961 or the Criminal Code of 2012; Section 4,
235, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card
24Act; or Section 11-9.1A of the Criminal Code of 1961 or the
25Criminal Code of 2012 or Section 5.1 of the Wrongs to Children
26Act; or (ii) violated Section 50-50 of the Nurse Practice Act.

 

 

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1    A health care employer is not required to retain an
2individual in a position with duties involving direct care for
3clients, patients, or residents, and no long-term care
4facility is required to retain an individual in a position
5with duties that involve or may involve contact with residents
6or access to the living quarters or the financial, medical, or
7personal records of residents, who has been convicted of
8committing or attempting to commit one or more of the offenses
9enumerated in this subsection.
10    (a-5) A felony conviction of any of the following offenses
11is a disqualifying offense and requires immediate review of
12the license, registration, or certification under the relevant
13Acts for the professions identified in subsection (b) of
14Section 10:
15        (1) first degree murder, under Section 9-1 of the
16    Criminal Code of 2012;
17        (2) second degree murder, under Section 9-2 of the
18    Criminal Code of 2012;
19        (3) predatory criminal sexual assault of a child,
20    under Section 11-1.40 of the Criminal Code of 2012;
21        (4) aggravated criminal sexual assault, under Section
22    11-1.30 of the Criminal Code of 2012;
23        (5) criminal sexual assault; under Section 11-1.20 of
24    the Criminal Code of 2012;
25        (6) aggravated kidnaping, under Section 10-2 of the
26    Criminal Code of 2012;

 

 

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1        (7) kidnapping, under Section 10-1 of the Criminal
2    Code of 2012;
3        (8) aggravated battery resulting in great bodily harm
4    or permanent disability or disfigurement, under subsection
5    (a) of Section 12-3.05 of the Criminal Code of 2012;
6        (9) solicitation of murder, under subsection (b) of
7    Section 8-1 of the Criminal Code of 2012;
8        (10) solicitation of murder for hire, under Section
9    8-1.2 of the Criminal code of 2012;
10        (11) intentional homicide of an unborn child, under
11    Section 9-1.2 of the Criminal Code of 2012;
12        (12) voluntary manslaughter of an unborn child, under
13    Section 9-2.1 of the Criminal Code of 2012;
14        (13) concealment of homicidal death, if committed in
15    the pursuance of job duties, under Section 9-3.4 of the
16    Criminal Code of 2012;
17        (14) concealment of death, if committed in the
18    pursuance of job duties, under Section 9-3.5 of the
19    Criminal Code of 2012;
20        (15) aggravated unlawful restraint, under Section
21    10-3.1 of the Criminal Code of 2012;
22        (16) forcible detention, under Section 10-4 of the
23    Criminal Code of 2012;
24        (17) child abduction, under Section 10-5 of the
25    Criminal Code of 2012;
26        (18) luring of a minor, under Section 10-5.1 of the

 

 

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1    Criminal Code of 2012;
2        (19) aiding or abetting child abduction, under Section
3    10-7 of the Criminal Code of 2012;
4        (20) trafficking in person, involuntary servitude, and
5    related offenses, under Section 10-9 of the Criminal Code
6    of 2012;
7        (21) failure to report the death or disappearance of a
8    child under 13 years of age, if committed in the pursuance
9    of job duties, under Section 10-10 of the Criminal Code of
10    2012;
11        (22) aggravated criminal sexual abuse, under Section
12    11-1.60 of the Criminal Code of 2012;
13        (23) indecent solicitation of a child, under Section
14    11-6 of the Criminal Code of 2012;
15        (24) solicitation to meet a child, under Section
16    11-6.6 of the Criminal Code of 2012;
17        (25) sexual exploitation of a child, under Section
18    11-9.1 of the Criminal Code of 2012;
19        (26) permitting sexual abuse of a child, under Section
20    11-9.1A of the Criminal Code of 2012;
21        (27) failure to report sexual abuse of a child, if
22    committed in pursuance of job duties, under Section
23    11-9.1B of the Criminal Code of 2012;
24        (28) custodial sexual misconduct, under Section 11-9.2
25    of the Criminal Code of 2012;
26        (29) sexual misconduct with a person with a

 

 

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1    disability, under Section 11-9.5 of the Criminal Code of
2    2012;
3        (30) promoting juvenile prostitution, under Section
4    11-14.4 of the Criminal Code of 2012;
5        (31) patronizing a minor engaged in prostitution,
6    under Section 11-18.1 of the Criminal Code of 2012;
7        (32) child pornography, under Section 11-20.1 of the
8    Criminal Code of 2012;
9        (33) distributing harmful material to a minor, under
10    Section 11-21 of the Criminal Code of 2012;
11        (34) non-consensual dissemination of private sexual
12    images, under Section 11-23.5 of the Criminal Code of
13    2012;
14        (35) grooming, under Section 11-25 of the Criminal
15    Code of 2012;
16        (36) traveling to meet a child, under Section 11-26 of
17    the Criminal Code of 2012;
18        (37) aggravated assault, under Section 12-2 of the
19    Criminal Code of 2012;
20        (38) aggravated battery, under Section 12-3.05 of the
21    Criminal Code of 2012;
22        (39) aggravated battery of an unborn child, under
23    Section 12-3.1 of the Criminal Code of 2012;
24        (40) aggravated domestic battery, under Section 12-3.3
25    of the Criminal Code of 2012;
26        (41) criminal abuse or neglect of a long term care

 

 

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1    facility resident, under paragraph (2) of subsection (a)
2    of Section 12-4.4a of the Criminal Code of 2012;
3        (42) aggravated intimidation, under Section 12-6.2 of
4    the Criminal Code of 2012;
5        (43) compelling confession or information by force or
6    threat, under Section 12-7 of the Criminal Code of 2012;
7        (44) educational intimidation, under Section 12-7.2 of
8    the Criminal Code of 2012;
9        (45) aggravated stalking, under Section 12-7.4 of the
10    Criminal Code of 2012;
11        (46) tongue splitting, under Section 12-10.2 of the
12    Criminal Code of 2012;
13        (47) sale of body parts, under Section 12-10 of the
14    Criminal Code of 2012;
15        (48) dismembering of a human body, under Section
16    12-20.5 of the Criminal Code of 2012;
17        (49) abuse of a corpse, under Section 12-20.6 of the
18    Criminal Code of 2012;
19        (50) ritual mutilation, under Section 12-32 of the
20    Criminal Code of 2012;
21        (51) ritualized abuse of child, under Section 12-33 of
22    the Criminal Code of 2012;
23        (52) female genital mutilation, under Section 12-34 of
24    the Criminal Code of 2012;
25        (53) inducement to commit suicide, under Section
26    12-34.5 of the Criminal Code of 2012;

 

 

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1        (54) organized retail crime; under paragraphs (1) and
2    (2) of subsection (a) of Section 16-25.2 of the Criminal
3    Code of 2012;
4        (55) financial exploitation of an elderly person or a
5    person with a disability by intimidation, under Section
6    16-1.3 of the Criminal Code of 2012;
7        (56) aggravated robbery, under subsection (b) of
8    Section 18-1 of the Criminal Code of 2012;
9        (57) armed robbery, under Section 18-2 of the Criminal
10    Code of 2012;
11        (58) aggravated vehicular hijacking, under Section
12    18-4 of the Criminal Code of 2012;
13        (59) vehicular invasion, under Section 18-6 of the
14    Criminal Code of 2012;
15        (60) burglary, under Section 19-1 of the Criminal Code
16    of 2012;
17        (61) aggravated arson, under Section 20-1.1 of the
18    Criminal Code of 2012;
19        (62) aggravated unlawful use of a weapon, under
20    Section 24-1.6 of the Criminal Code of 2012;
21        (63) unlawful manufacture or delivery of nitrous
22    oxide, under Section 24.5-10 of the Criminal Code of 2012;
23        (64) mob action, under paragraphs (1) and (3) of
24    subsection (a) of Section 25-1 of the Criminal Code of
25    2012;
26        (65) terrorism, under Section 29D-14.9 of the Criminal

 

 

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1    Code of 2012;
2        (66) causing a catastrophe, under Section 29D-15.1 of
3    the Criminal Code of 2012;
4        (67) treason, under Section 30-1 of the Criminal Code
5    of 2012;
6        (68) perjury, under Section 32-2 of the Criminal Code
7    of 2012;
8        (69) subordination of perjury, under Section 32-3 of
9    the Criminal Code of 2012;
10        (70) armed violence, under Section 33A-2 of the
11    Criminal Code of 2012;
12        (71) solicitation of any of the offenses specified in
13    this subsection, under subsection (a) of Section 801 of
14    the Criminal Code of 2012;
15        (72) conspiracy to commit any of the offenses
16    specified in this subsection, under Section 802 of the
17    Criminal Code of 2012;
18        (73) attempt to commit any of the offenses specified
19    in this subsection, under Section 8-4 of the Criminal Code
20    of 2012; or
21        (74) any felony not listed for which an offense
22    specified in this subsection is a lesser included offense.
23    This subsection applies after the effective date of this
24amendatory Act of the 103rd General Assembly to all initial
25applications for licensure, certification, or registration
26with the Department of Financial and Professional Regulation

 

 

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1under the Acts specified in subsection (b) of Section 10. For
2every licensure, certification, or registration renewal under
3the Acts specified in subsection (b) of Section 10, the
4Department of Financial and Professional Regulation shall
5conduct a review of the applicant's criminal background to
6determine whether the applicant committed an offense specified
7in this subsection after the effective date of this amendatory
8Act of the 103rd General Assembly.
9    (b) A health care employer shall not hire, employ, or
10retain, whether paid or on a volunteer basis, any individual
11in a position with duties involving direct care of clients,
12patients, or residents, and no long-term care facility shall
13knowingly hire, employ, or retain, whether paid or on a
14volunteer basis, any individual in a position with duties that
15involve or may involve contact with residents or access to the
16living quarters or the financial, medical, or personal records
17of residents, if the health care employer becomes aware that
18the individual has been convicted in another state of
19committing or attempting to commit an offense that has the
20same or similar elements as an offense listed in subsection
21(a), or (a-1), or (a-5), as verified by court records, records
22from a state agency, or an FBI criminal history record check,
23unless the applicant or employee obtains a waiver pursuant to
24Section 40 of this Act. This shall not be construed to mean
25that a health care employer has an obligation to conduct a
26criminal history records check in other states in which an

 

 

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1employee has resided.
2    (c) A health care employer shall not hire, employ, or
3retain, whether paid or on a volunteer basis, any individual
4in a position with duties involving direct care of clients,
5patients, or residents, who has a finding by the Department of
6abuse, neglect, misappropriation of property, or theft denoted
7on the Health Care Worker Registry.
8    (d) A health care employer shall not hire, employ, or
9retain, whether paid or on a volunteer basis, any individual
10in a position with duties involving direct care of clients,
11patients, or residents if the individual has a verified and
12substantiated finding of abuse, neglect, or financial
13exploitation, as identified within the Adult Protective
14Service Registry established under Section 7.5 of the Adult
15Protective Services Act.
16    (e) A health care employer shall not hire, employ, or
17retain, whether paid or on a volunteer basis, any individual
18in a position with duties involving direct care of clients,
19patients, or residents who has a finding by the Department of
20Human Services of physical or sexual abuse, financial
21exploitation, or egregious neglect of an individual denoted on
22the Health Care Worker Registry.
23(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
 
24    Section 10. The Rights of Crime Victims and Witnesses Act
25is amended by changing Section 4 as follows:
 

 

 

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1    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
2    Sec. 4. Rights of crime victims.
3    (a) Crime victims shall have the following rights:
4        (1) The right to be treated with fairness and respect
5    for their dignity and privacy and to be free from
6    harassment, intimidation, and abuse throughout the
7    criminal justice process.
8        (1.5) The right to notice and to a hearing before a
9    court ruling on a request for access to any of the victim's
10    records, information, or communications which are
11    privileged or confidential by law.
12        (2) The right to timely notification of all court
13    proceedings.
14        (3) The right to communicate with the prosecution.
15        (4) The right to be heard at any post-arraignment
16    court proceeding in which a right of the victim is at issue
17    and any court proceeding involving a post-arraignment
18    release decision, plea, or sentencing.
19        (5) The right to be notified of the conviction, the
20    sentence, the imprisonment and the release of the accused.
21        (6) The right to the timely disposition of the case
22    following the arrest of the accused.
23        (7) The right to be reasonably protected from the
24    accused through the criminal justice process.
25        (7.5) The right to have the safety of the victim and

 

 

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1    the victim's family considered in determining whether to
2    release the defendant and setting conditions of release
3    after arrest and conviction.
4        (8) The right to be present at the trial and all other
5    court proceedings on the same basis as the accused, unless
6    the victim is to testify and the court determines that the
7    victim's testimony would be materially affected if the
8    victim hears other testimony at the trial.
9        (9) The right to have present at all court
10    proceedings, including proceedings under the Juvenile
11    Court Act of 1987, subject to the rules of evidence, an
12    advocate and other support person of the victim's choice.
13        (10) The right to restitution.
14        (11) The right to file a complaint against the accused
15    with the agency or department that licensed, certified,
16    permitted, or registered the accused if the accused holds
17    a license, certificate, permit, or registration to
18    practice a profession.
19    (b) Any law enforcement agency that investigates an
20offense committed in this State shall provide a crime victim
21with a written statement and explanation of the rights of
22crime victims under this amendatory Act of the 99th General
23Assembly within 48 hours of law enforcement's initial contact
24with a victim. The statement shall include information about
25crime victim compensation, including how to contact the Office
26of the Illinois Attorney General to file a claim, and

 

 

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1appropriate referrals to local and State programs that provide
2victim services. The content of the statement shall be
3provided to law enforcement by the Attorney General. Law
4enforcement shall also provide a crime victim with a sign-off
5sheet that the victim shall sign and date as an
6acknowledgement that he or she has been furnished with
7information and an explanation of the rights of crime victims
8and compensation set forth in this Act.
9    (b-5) Upon the request of the victim, the law enforcement
10agency having jurisdiction shall provide a free copy of the
11police report concerning the victim's incident, as soon as
12practicable, but in no event later than 5 business days from
13the request.
14    (c) The Clerk of the Circuit Court shall post the rights of
15crime victims set forth in Article I, Section 8.1(a) of the
16Illinois Constitution and subsection (a) of this Section
17within 3 feet of the door to any courtroom where criminal
18proceedings are conducted. The clerk may also post the rights
19in other locations in the courthouse.
20    (d) At any point, the victim has the right to retain a
21victim's attorney who may be present during all stages of any
22interview, investigation, or other interaction with
23representatives of the criminal justice system. Treatment of
24the victim should not be affected or altered in any way as a
25result of the victim's decision to exercise this right.
26(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
 

 

 

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1    Section 99. Effective date. This Act takes effect 6 months
2after becoming law.".