Full Text of HB5132 96th General Assembly
HB5132sam002 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 4/29/2010
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09600HB5132sam002 |
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LRB096 18641 KTG 40791 a |
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| AMENDMENT TO HOUSE BILL 5132
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| AMENDMENT NO. ______. Amend House Bill 5132, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 1 as follows:
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| on page 2, by replacing lines 3 through 5 with the following: | 6 |
| "facilities, and community agencies operated, licensed, funded | 7 |
| or certified by the Department of Human Services, but not | 8 |
| licensed or certified by any other State agency. It is also | 9 |
| the"; and | 10 |
| on page 2, by inserting immediately below line 12 the | 11 |
| following: | 12 |
| " "Adult student with a disability" means an adult student, | 13 |
| age 18 through 21, inclusive, with an Individual Education | 14 |
| Program, other than a resident of a facility licensed by the | 15 |
| Department of Children and Family Services in accordance with | 16 |
| the Child Care Act of 1969. For purposes of this definition, |
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LRB096 18641 KTG 40791 a |
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| "through age 21, inclusive", means through the day before the | 2 |
| student's 22nd birthday. "; and | 3 |
| on page 2, by replacing lines 14 through 15 with the following: | 4 |
| "licensed, funded, or certified by the Department, but not | 5 |
| licensed or certified by any other human services agency of | 6 |
| the"; and | 7 |
| on page 2, by replacing line 18 with the following: | 8 |
| "certified by the Department, but not licensed or certified"; | 9 |
| and | 10 |
| on page 4, by replacing lines 7 through 8 with the following: | 11 |
| "operated by the Department."; and | 12 |
| on page 7, by replacing lines 15 through 16 with the following: | 13 |
| "exploitation."; and | 14 |
| on page 8, by replacing lines 6 through 9 with the following: | 15 |
| "(f) Limitations. The Inspector General shall not conduct | 16 |
| an investigation within an agency or facility if that | 17 |
| investigation would be redundant to or interfere with an | 18 |
| investigation conducted by another State agency. The | 19 |
| Inspector"; and | 20 |
| on page 8, by replacing lines 21 through 26 with the following: |
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09600HB5132sam002 |
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LRB096 18641 KTG 40791 a |
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| "and completing investigations based upon the nature of the | 2 |
| allegation or allegations. The rules shall clearly establish | 3 |
| that if 2 or more State agencies could investigate an | 4 |
| allegation, the Inspector General shall not conduct an | 5 |
| investigation that would be redundant to, or interfere with, an | 6 |
| investigation conducted by another State agency. The rules"; | 7 |
| and | 8 |
| on page 12, by replacing lines 19 through 26 with the | 9 |
| following: | 10 |
| "(l) Reporting to law enforcement. | 11 |
| (1) Reporting criminal acts. Within 24 hours after | 12 |
| determining that there is credible evidence indicating | 13 |
| that a criminal act may have been committed or that special | 14 |
| expertise may be required in an investigation, the | 15 |
| Inspector General shall notify the Department of State | 16 |
| Police or other appropriate law enforcement authority, or | 17 |
| ensure that such notification is made. The Department of | 18 |
| State Police shall investigate any report from a | 19 |
| State-operated facility indicating a possible murder, | 20 |
| sexual assault, or other felony by an employee. All | 21 |
| investigations conducted by the Inspector General shall be | 22 |
| conducted in a manner designed to ensure the preservation | 23 |
| of evidence for possible use in a criminal prosecution. | 24 |
| (2) Reporting allegations of adult students with | 25 |
| disabilities. Upon receipt of a reportable allegation |
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LRB096 18641 KTG 40791 a |
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| regarding an adult student with a disability, the | 2 |
| Department's Office of the Inspector General shall | 3 |
| determine whether the allegation meets the criteria for the | 4 |
| Domestic Abuse Program under the Abuse of Adults with | 5 |
| Disabilities Intervention Act. If the allegation is | 6 |
| reportable to that program, the Office of the Inspector | 7 |
| General shall initiate an investigation. If the allegation | 8 |
| is not reportable to the Domestic Abuse Program, the Office | 9 |
| of the Inspector General shall make an expeditious referral | 10 |
| to the respective law enforcement entity. If the alleged | 11 |
| victim is already receiving services from the Department, | 12 |
| the Office of the Inspector General shall also make a | 13 |
| referral to the respective Department of Human Services' | 14 |
| Division or Bureau. "; and | 15 |
| on page 13, by deleting lines 1 through 5; and | 16 |
| on page 15, by replacing lines 7 through 12 with the following: | 17 |
| "investigation to the following persons: (i) the Governor, (ii) | 18 |
| the Secretary, (iii) the director of the facility or agency, | 19 |
| (iv) the alleged victims and their guardians, (v) the | 20 |
| complainant, and (vi) the accused."; and | 21 |
| on page 16, line 3, by deleting " and the licensing entity of | 22 |
| the facility, if any, "; and |
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09600HB5132sam002 |
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LRB096 18641 KTG 40791 a |
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| on page 17, by replacing lines 1 through 6 with the following: | 2 |
| "(4) Termination of any one or more of the following: | 3 |
| (i) Department licensing, (ii) funding, or (iii) | 4 |
| certification."; and | 5 |
| on page 24, by deleting lines 2 through 26; and | 6 |
| by deleting pages 25 through 29; and | 7 |
| on page 30, by deleting lines 1 through 22; and | 8 |
| on page 31, by replacing lines 12 through 14 with the | 9 |
| following: | 10 |
| "facilities, and community agencies operated, licensed, funded | 11 |
| or certified by the Department of Human Services, but not | 12 |
| licensed or certified by any other State agency. It is also | 13 |
| the"; and | 14 |
| on page 31, by inserting immediately below line 21 the | 15 |
| following: | 16 |
| " "Adult student with a disability" means an adult student, | 17 |
| age 18 through 21, inclusive, with an Individual Education | 18 |
| Program, other than a resident of a facility licensed by the | 19 |
| Department of Children and Family Services in accordance with | 20 |
| the Child Care Act of 1969. For purposes of this definition, | 21 |
| "through age 21, inclusive", means through the day before the |
|
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09600HB5132sam002 |
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LRB096 18641 KTG 40791 a |
|
| 1 |
| student's 22nd birthday. "; and | 2 |
| on page 31, by replacing lines 23 through 24 with the | 3 |
| following: | 4 |
| "licensed, funded, or certified by the Department, but not | 5 |
| licensed or certified by any other human services agency of | 6 |
| the"; and | 7 |
| on page 32, by replacing line 1 with the following: | 8 |
| "certified by the Department, but not licensed or certified"; | 9 |
| and | 10 |
| on page 33, by replacing lines 16 through 17 with the | 11 |
| following: | 12 |
| "operated by the Department."; and | 13 |
| on page 36, by replacing lines 24 through 25 with the | 14 |
| following: | 15 |
| "exploitation."; and | 16 |
| on page 37, by replacing lines 15 through 18 with the | 17 |
| following: | 18 |
| "(f) Limitations. The Inspector General shall not conduct | 19 |
| an investigation within an agency or facility if that | 20 |
| investigation would be redundant to or interfere with an | 21 |
| investigation conducted by another State agency. The |
|
|
|
09600HB5132sam002 |
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LRB096 18641 KTG 40791 a |
|
| 1 |
| Inspector"; and | 2 |
| on page 38, by replacing lines 4 through 9 with the following: | 3 |
| "and completing investigations based upon the nature of the | 4 |
| allegation or allegations. The rules shall clearly establish | 5 |
| that if 2 or more State agencies could investigate an | 6 |
| allegation, the Inspector General shall not conduct an | 7 |
| investigation that would be redundant to, or interfere with, an | 8 |
| investigation conducted by another State agency. The rules"; | 9 |
| and | 10 |
| on page 42, by replacing lines 2 through 14 with the following: | 11 |
| "(l) Reporting to law enforcement. | 12 |
| (1) Reporting criminal acts. Within 24 hours after | 13 |
| determining that there is credible evidence indicating | 14 |
| that a criminal act may have been committed or that special | 15 |
| expertise may be required in an investigation, the | 16 |
| Inspector General shall notify the Department of State | 17 |
| Police or other appropriate law enforcement authority, or | 18 |
| ensure that such notification is made. The Department of | 19 |
| State Police shall investigate any report from a | 20 |
| State-operated facility indicating a possible murder, | 21 |
| sexual assault, or other felony by an employee. All | 22 |
| investigations conducted by the Inspector General shall be | 23 |
| conducted in a manner designed to ensure the preservation | 24 |
| of evidence for possible use in a criminal prosecution. |
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09600HB5132sam002 |
- 8 - |
LRB096 18641 KTG 40791 a |
|
| 1 |
| (2) Reporting allegations of adult students with | 2 |
| disabilities. Upon receipt of a reportable allegation | 3 |
| regarding an adult student with a disability, the | 4 |
| Department's Office of the Inspector General shall | 5 |
| determine whether the allegation meets the criteria for the | 6 |
| Domestic Abuse Program under the Abuse of Adults with | 7 |
| Disabilities Intervention Act. If the allegation is | 8 |
| reportable to that program, the Office of the Inspector | 9 |
| General shall initiate an investigation. If the allegation | 10 |
| is not reportable to the Domestic Abuse Program, the Office | 11 |
| of the Inspector General shall make an expeditious referral | 12 |
| to the respective law enforcement entity. If the alleged | 13 |
| victim is already receiving services from the Department, | 14 |
| the Office of the Inspector General shall also make a | 15 |
| referral to the respective Department of Human Services' | 16 |
| Division or Bureau. "; and | 17 |
| on page 44, by replacing lines 16 through 21 with the | 18 |
| following: | 19 |
| "investigation to the following persons: (i) the Governor, (ii) | 20 |
| the Secretary, (iii) the director of the facility or agency, | 21 |
| (iv) the alleged victims and their guardians, (v) the | 22 |
| complainant, and (vi) the accused."; and | 23 |
| on page 45, line 12, by deleting " and the licensing entity of | 24 |
| the facility, if any, "; and |
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09600HB5132sam002 |
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LRB096 18641 KTG 40791 a |
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| on page 46, by replacing lines 10 through 15 with the | 2 |
| following: | 3 |
| "(4) Termination of any one or more of the following: | 4 |
| (i) Department licensing, (ii) funding, or (iii) | 5 |
| certification."; and | 6 |
| on page 53, by deleting lines 12 through 26; and | 7 |
| by deleting pages 54 through 59; and | 8 |
| on page 60, by deleting lines 1 through 6 and lines 9 through | 9 |
| 24; and | 10 |
| by deleting page 61; and | 11 |
| on page 62, by deleting lines 1 through 24; and | 12 |
| on page 62, line 25, by replacing "Section 15." with "Section | 13 |
| 10."; and | 14 |
| on page 76, line 16, by replacing " a ward of the Department, " | 15 |
| with " residing in a DCFS licensed facility, ".
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