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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4507
Introduced , by Rep. Dave Winters SYNOPSIS AS INTRODUCED: |
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225 ILCS 10/4.2 |
from Ch. 23, par. 2214.2 |
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Amends the Child Care Act of 1969. Provides for immunity from liability for child care facility licensees that fail to hire or retain an applicant or employee who has been convicted of committing or attempting to commit a certain enumerated offense, except in certain cases of suspension. Provides that no child care facility licensee shall be chargeable for any benefit charges that result from the payment of unemployment benefits to any claimant whose employment separation occurred because the claimant's criminal background included a certain enumerated offense or as a result of the claimant violating a policy that the employer was required to maintain pursuant to the Drug Free Workplace Act. Effective immediately.
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A BILL FOR
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| AN ACT concerning regulation.
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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 5. The Child Care Act of 1969 is amended by |
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| changing Section 4.2 as follows:
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| (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
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| Sec. 4.2. (a) No applicant may receive a license from the |
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| Department and
no person may be employed by a licensed child |
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| care facility who refuses to
authorize an investigation as |
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| required by Section 4.1.
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| (b) In addition to the other provisions of this Section, no |
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| applicant
may
receive a license from the Department and no |
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| person
may be employed by a child care facility licensed by the |
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| Department who has
been declared a sexually dangerous person |
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| under "An Act in relation to
sexually dangerous persons, and |
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| providing for their commitment, detention
and supervision", |
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| approved July 6, 1938, as amended, or convicted of
committing |
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| or attempting to commit any of the following offenses |
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| stipulated
under the Criminal Code of 1961:
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| (1) murder;
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| (1.1) solicitation of murder;
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| (1.2) solicitation of murder for hire;
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| (1.3) intentional homicide of an unborn child;
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| (1.4) voluntary manslaughter of an unborn child;
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| (1.5) involuntary manslaughter;
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| (1.6) reckless homicide;
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| (1.7) concealment of a homicidal death;
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| (1.8) involuntary manslaughter of an unborn child;
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| (1.9) reckless homicide of an unborn child;
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| (1.10) drug-induced homicide;
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| (2) a sex offense under Article 11, except offenses |
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| described in
Sections 11-7, 11-8, 11-12, and 11-13;
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| (3) kidnapping;
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| (3.1) aggravated unlawful restraint;
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| (3.2) forcible detention;
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| (3.3) harboring a runaway;
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| (3.4) aiding and abetting child abduction;
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| (4) aggravated kidnapping;
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| (5) child abduction;
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| (6) aggravated battery of a child;
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| (7) criminal sexual assault;
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| (8) aggravated criminal sexual assault;
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| (8.1) predatory criminal sexual assault of a child;
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| (9) criminal sexual abuse;
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| (10) aggravated sexual abuse;
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| (11) heinous battery;
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| (12) aggravated battery with a firearm;
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| (13) tampering with food, drugs, or cosmetics;
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| (14) drug induced infliction of great bodily harm;
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| (15) hate crime;
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| (16) stalking;
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| (17) aggravated stalking;
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| (18) threatening public officials;
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| (19) home invasion;
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| (20) vehicular invasion;
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| (21) criminal transmission of HIV;
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| (22) criminal abuse or neglect of an elderly or |
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| disabled person;
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| (23) child abandonment;
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| (24) endangering the life or health of a child;
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| (25) ritual mutilation;
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| (26) ritualized abuse of a child;
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| (27) an offense in any other jurisdiction the elements |
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| of
which are similar and
bear a substantial relationship to |
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| any of the foregoing offenses.
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| (b-1) In addition to the other provisions of this Section, |
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| beginning
January 1, 2004, no new applicant and, on the date of
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| licensure renewal, no current licensee may operate or receive a |
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| license from
the
Department to operate, no person may be |
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| employed by, and no adult person may
reside in a child care |
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| facility licensed by the Department who has been
convicted of |
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| committing or attempting to commit any of the following |
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| offenses
or an offense in any other jurisdiction the elements |
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| of which are similar and
bear a substantial relationship to any |
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| of the following offenses:
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| (I) BODILY HARM
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| (1) Felony aggravated assault.
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| (2) Vehicular endangerment.
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| (3) Felony domestic battery.
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| (4) Aggravated battery.
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| (5) Heinous battery.
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| (6) Aggravated battery with a firearm.
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| (7) Aggravated battery of an unborn child.
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| (8) Aggravated battery of a senior citizen.
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| (9) Intimidation.
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| (10) Compelling organization membership of persons.
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| (11) Abuse and gross neglect of a long term care |
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| facility resident.
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| (12) Felony violation of an order of protection.
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| (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
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| (1) Felony unlawful use of weapons.
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| (2) Aggravated discharge of a firearm.
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| (3) Reckless discharge of a firearm.
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| (4) Unlawful use of metal piercing bullets.
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| (5) Unlawful sale or delivery of firearms on the |
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| premises of any
school.
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| (6) Disarming a police officer.
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| (7) Obstructing justice.
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| (8) Concealing or aiding a fugitive.
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| (9) Armed violence.
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| (10) Felony contributing to the criminal delinquency |
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| of a juvenile.
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| (III) DRUG OFFENSES
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| (1) Possession of more than 30 grams of cannabis.
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| (2) Manufacture of more than 10 grams of cannabis.
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| (3) Cannabis trafficking.
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| (4) Delivery of cannabis on school grounds.
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| (5) Unauthorized production of more than 5 cannabis |
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| sativa plants.
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| (6) Calculated criminal cannabis conspiracy.
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| (7) Unauthorized manufacture or delivery of controlled |
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| substances.
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| (8) Controlled substance trafficking.
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| (9) Manufacture, distribution, or advertisement of |
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| look-alike
substances.
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| (10) Calculated criminal drug conspiracy.
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| (11) Street gang criminal drug conspiracy.
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| (12) Permitting unlawful use of a building.
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| (13) Delivery of controlled, counterfeit, or |
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| look-alike substances to
persons under age 18, or at truck |
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| stops, rest stops, or safety rest areas, or
on school |
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| property.
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| (14) Using, engaging, or employing persons under 18 to |
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| deliver
controlled, counterfeit, or look-alike substances.
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| (15) Delivery of controlled substances.
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| (16) Sale or delivery of drug paraphernalia.
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| (17) Felony possession, sale, or exchange of |
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| instruments adapted
for use of a controlled substance, |
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| methamphetamine, or cannabis by subcutaneous injection.
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| (18) Felony possession of a controlled substance.
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| (19) Any violation of the Methamphetamine Control and |
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| Community Protection Act.
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| (b-2) For child care facilities other than foster family |
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| homes,
the Department may issue a new child care facility |
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| license to or renew the
existing child care facility license of |
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| an applicant, a person employed by a
child care facility, or an |
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| applicant who has an adult residing in a home child
care |
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| facility who was convicted of an offense described in |
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| subsection (b-1),
provided that all of the following |
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| requirements are met:
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| (1) The relevant criminal offense occurred more than 5 |
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| years prior to the
date of application or renewal, except |
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| for drug offenses. The relevant drug
offense must have |
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| occurred more than 10 years prior to the date of |
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| application
or renewal, unless the applicant passed a drug |
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| test, arranged and paid for by
the child care facility, no |
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| less than 5 years after the offense.
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| (2) The Department must conduct a background check and |
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| assess all
convictions and recommendations of the child |
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| care facility to determine if
waiver shall apply in |
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| accordance with Department administrative rules and
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| procedures.
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| (3) The applicant meets all other requirements and |
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| qualifications to be
licensed as the pertinent type of |
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| child care facility under this Act and the
Department's |
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| administrative rules.
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| (b-5) A child care facility licensee shall not be
liable |
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| for the failure to hire or to retain an applicant or employee
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| who has
been convicted of committing or attempting to commit |
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| one or more of the
offenses enumerated in this Section.
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| However, if an employee is suspended from employment based on |
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| the
results of a criminal background check conducted under |
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| Section 4.1 of this Act and the results
prompting the |
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| suspension are subsequently found to be inaccurate, the |
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| employee is entitled to recover backpay from his or her child |
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| care facility employer
for the suspension period, provided that |
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| the employer is the cause of the
inaccuracy. The Department is |
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| not liable for any hiring decisions, suspensions, or |
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| terminations. |
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| No child care facility licensee shall be chargeable for any |
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| benefit charges that
result from the payment of unemployment |
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| benefits to any claimant when the
claimant's separation from |
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| that employer occurred because the claimant's
criminal |
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| background included an offense enumerated in this
Section, or |
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| the
claimant's separation from that child care facility
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| employer
occurred as a result of the claimant violating a |
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| policy that the employer was
required to maintain pursuant to |
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| the Drug Free Workplace Act. |
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| (c) In addition to the other provisions of this Section, no
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| applicant may receive a license from the Department to operate |
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| a foster family
home, and no adult person may reside in a |
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| foster family home licensed by the
Department, who has been |
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| convicted of committing or attempting to commit any of
the |
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| following offenses stipulated under the Criminal Code of 1961, |
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| the Cannabis
Control Act, the Methamphetamine Control and |
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| Community Protection Act, and the Illinois Controlled |
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| Substances Act:
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| (I) OFFENSES DIRECTED AGAINST THE PERSON
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| (A) KIDNAPPING AND RELATED OFFENSES
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| (1) Unlawful restraint.
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| (B) BODILY HARM
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| (2) Felony aggravated assault.
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| (3) Vehicular endangerment.
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| (4) Felony domestic battery.
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| (5) Aggravated battery.
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| (6) Heinous battery.
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| (7) Aggravated battery with a firearm.
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| (8) Aggravated battery of an unborn child.
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| (9) Aggravated battery of a senior citizen.
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| (10) Intimidation.
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| (11) Compelling organization membership of persons.
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| (12) Abuse and gross neglect of a long term care |
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| facility resident.
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| (13) Felony violation of an order of protection.
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| (II) OFFENSES DIRECTED AGAINST PROPERTY
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| (14) Felony theft.
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| (15) Robbery.
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| (16) Armed robbery.
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| (17) Aggravated robbery.
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| (18) Vehicular hijacking.
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| (19) Aggravated vehicular hijacking.
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| (20) Burglary.
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| (21) Possession of burglary tools.
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| (22) Residential burglary.
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| (23) Criminal fortification of a residence or |
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| building.
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| (24) Arson.
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| (25) Aggravated arson.
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| (26) Possession of explosive or explosive incendiary |
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| devices.
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
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| (27) Felony unlawful use of weapons.
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| (28) Aggravated discharge of a firearm.
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| (29) Reckless discharge of a firearm.
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| (30) Unlawful use of metal piercing bullets.
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| (31) Unlawful sale or delivery of firearms on the |
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| premises of any school.
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| (32) Disarming a police officer.
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| (33) Obstructing justice.
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| (34) Concealing or aiding a fugitive.
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| (35) Armed violence.
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| (36) Felony contributing to the criminal delinquency |
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| of a juvenile.
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| (IV) DRUG OFFENSES
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| (37) Possession of more than 30 grams of cannabis.
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| (38) Manufacture of more than 10 grams of cannabis.
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| (39) Cannabis trafficking.
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| (40) Delivery of cannabis on school grounds.
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| (41) Unauthorized production of more than 5 cannabis |
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| sativa plants.
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| (42) Calculated criminal cannabis conspiracy.
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| (43) Unauthorized manufacture or delivery of |
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| controlled substances.
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| (44) Controlled substance trafficking.
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| (45) Manufacture, distribution, or advertisement of |
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| look-alike substances.
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| (46) Calculated criminal drug conspiracy.
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| (46.5) Streetgang criminal drug conspiracy.
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| (47) Permitting unlawful use of a building.
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| (48) Delivery of controlled, counterfeit, or |
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| look-alike substances to
persons under age 18, or at truck |
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| stops, rest stops, or safety rest areas, or
on school |
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| property.
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| (49) Using, engaging, or employing persons under 18 to |
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| deliver controlled,
counterfeit, or look-alike substances.
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| (50) Delivery of controlled substances.
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| (51) Sale or delivery of drug paraphernalia.
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| (52) Felony possession, sale, or exchange of |
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| instruments adapted for use
of a controlled substance, |
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| methamphetamine, or cannabis by subcutaneous injection. |
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| (53) Any violation of the Methamphetamine Control and |
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| Community Protection Act.
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| (d) Notwithstanding subsection (c), the Department may |
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| issue a new foster
family home license or may renew an existing
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| foster family home license of an applicant who was convicted of |
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| an offense
described in subsection (c), provided all of the |
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| following requirements are
met:
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| (1) The relevant criminal offense or offenses occurred |
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HB4507 |
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LRB095 18532 RAS 44618 b |
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| more than 10 years
prior to the date of application or |
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| renewal.
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| (2) The applicant had previously disclosed the |
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| conviction or convictions
to the Department for purposes of |
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| a background check.
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| (3) After the disclosure, the Department either placed |
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| a child in the home
or the foster family home license was |
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| issued.
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| (4) During the background check, the Department had |
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| assessed and
waived the conviction in compliance with the |
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| existing statutes and rules in
effect at the time of the |
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| waiver.
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| (5) The applicant meets all other requirements and |
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| qualifications to be
licensed as a foster family home under |
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| this Act and the Department's
administrative
rules.
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| (6) The applicant has a history of providing a safe, |
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| stable home
environment and appears able to continue to |
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| provide a safe, stable home
environment.
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| (Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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