Illinois General Assembly - Full Text of SB0109
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Full Text of SB0109  101st General Assembly


Sen. Terry Link

Filed: 3/4/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 109 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Authorized Electronic Monitoring in
5Long-Term Care Facilities Act is amended by changing Sections 5
6and 10 as follows:
7    (210 ILCS 32/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Authorized electronic monitoring" means the placement and
10use of an electronic monitoring device by a resident in his or
11her room in accordance with this Act.
12    "Department" means the Department of Public Health.
13    "Electronic monitoring device" means a surveillance
14instrument with a fixed position video camera or an audio
15recording device, or a combination thereof, that is installed
16in a resident's room under the provisions of this Act and



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1broadcasts or records activity or sounds occurring in the room.
2    "Facility" means an intermediate care facility for the
3developmentally disabled licensed under the ID/DD Community
4Care Act that has 30 beds or more, a facility licensed under
5the MC/DD Act, or a long-term care facility licensed under the
6Nursing Home Care Act, or a facility that provides housing to
7individuals with dementia, as defined in Section 3 of the
8Alzheimer's Disease Assistance Act.
9    "Resident" means a person residing in a facility.
10    "Resident's representative" has the meaning given to that
11term in (1) Section 1-123 of the Nursing Home Care Act if the
12resident resides in a facility licensed under the Nursing Home
13Care Act, (2) Section 1-123 of the ID/DD Community Care Act if
14the resident resides in a facility licensed under the ID/DD
15Community Care Act, or (3) Section 1-123 of the MC/DD Act if
16the resident resides in a facility licensed under the MC/DD
18(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
19    (210 ILCS 32/10)
20    Sec. 10. Authorized electronic monitoring.
21    (a) A resident shall be permitted to conduct authorized
22electronic monitoring of the resident's room through the use of
23electronic monitoring devices placed in the room pursuant to
24this Act.
25    (b) Nothing in this Act shall be construed to allow the use



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1of an electronic monitoring device to take still photographs or
2for the nonconsensual interception of private communications.
3    (c) A facility that houses dementia residents may allow
4electronic monitoring devices only in rooms:
5        (1) that are located in a building that is entirely
6    dedicated to dementia care; or
7        (2) that are located in a building wing that is solely
8    dedicated to dementia care.
9(Source: P.A. 99-430, eff. 1-1-16.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".