Full Text of HB3583 103rd General Assembly
HB3583ham001 103RD GENERAL ASSEMBLY | Rep. Tom Weber Filed: 3/9/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3583
| 2 | | AMENDMENT NO. ______. Amend House Bill 3583 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Health Care Worker Background Check Act is | 5 | | amended 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
| 9 | | retained by a health care employer as home health care aides, | 10 | | nurse aides,
personal care assistants, private duty nurse | 11 | | aides, day
training personnel, or an individual working in any | 12 | | similar health-related
occupation where he or she provides | 13 | | direct care or has access to long-term care residents or the | 14 | | living quarters or financial, medical, or personal records of | 15 | | long-term care residents. This Act also applies to all | 16 | | employees of licensed or certified long-term care facilities |
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| 1 | | who have or may have contact with residents or access to the | 2 | | living quarters or the financial, medical, or personal records | 3 | | of residents.
| 4 | | (b) This Act applies to persons licensed, certified, or | 5 | | registered by the Department of Financial and Professional | 6 | | Regulation under the Medical Practice Act of 1987, the Nurse | 7 | | Practice Act, the Illinois Dental Practice Act, the Massage | 8 | | Licensing Act, the Illinois Optometric Practice Act of 1987, | 9 | | the Orthotics, Prosthetics, and Pedorthics Practice Act, the | 10 | | Illinois Physical Therapy Act, the Physician Assistant | 11 | | Practice Act of 1987, the Podiatric Medical Practice Act of | 12 | | 1987, the Respiratory Care Practice Act, the Registered | 13 | | Surgical Assistant and Registered Surgical Technologist Title | 14 | | Protection Act, the Acupuncture Practice Act, and the Illinois | 15 | | Athletic Trainers Practice Act and estheticians and esthetics | 16 | | teachers licensed under the Barber, Cosmetology, Esthetics, | 17 | | Hair 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 | 22 | | program, seeking employment, whether paid or on a volunteer | 23 | | basis, with a health care
employer who has received a bona fide | 24 | | conditional offer of employment.
| 25 | | "Conditional offer of employment" means a bona fide offer |
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| 1 | | of employment by a
health care employer to an applicant, which | 2 | | is contingent upon the receipt of a
report from the Department | 3 | | of Public Health indicating that the applicant does
not have a | 4 | | record of conviction of any of the criminal offenses | 5 | | enumerated in
Section 25.
| 6 | | "Department" means the Department of Public Health or the | 7 | | Department of Financial and Professional Regulation with | 8 | | regard to persons licensed, certified, or registered by the | 9 | | Department of Professional Regulation under any of the Acts | 10 | | specified in subsection (b) of Section 10 . | 11 | | "Direct care" means the provision of nursing care or | 12 | | assistance with feeding,
dressing, movement, bathing, | 13 | | toileting, or other personal needs, including home services as | 14 | | defined in the Home Health, Home Services, and Home Nursing | 15 | | Agency Licensing Act. The entity
responsible for inspecting | 16 | | and licensing, certifying, or registering the
health care | 17 | | employer may, by administrative rule, prescribe guidelines for
| 18 | | interpreting this definition with regard to the health care | 19 | | employers that it
licenses.
| 20 | | "Director" means the Director of Public Health. | 21 | | "Disqualifying offenses" means those offenses set forth in | 22 | | Section 25 of this Act. | 23 | | "Employee" means any individual hired, employed, or | 24 | | retained, whether paid or on a volunteer basis, to which this | 25 | | Act applies. | 26 | | "Finding" means the Department's determination of whether |
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| 1 | | an allegation is verified and substantiated. | 2 | | "Fingerprint-based criminal history records check" means a | 3 | | livescan fingerprint-based criminal history records check | 4 | | submitted as a fee applicant inquiry in the form and manner | 5 | | prescribed 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 | 6 | | employee his or her social security number, demographics, a | 7 | | disclosure statement, and an authorization for the Department | 8 | | of Public Health or its designee to request a | 9 | | fingerprint-based criminal history records check; transmitting | 10 | | this information electronically to the Department of Public | 11 | | Health; conducting Internet searches on certain web sites, | 12 | | including without limitation the Illinois Sex Offender | 13 | | Registry, the Department of Corrections' Sex Offender Search | 14 | | Engine, the Department of Corrections' Inmate Search Engine, | 15 | | the Department of Corrections Wanted Fugitives Search Engine, | 16 | | the National Sex Offender Public Registry, and the List of | 17 | | Excluded Individuals and Entities database on the website of | 18 | | the Health and Human Services Office of Inspector General to | 19 | | determine if the applicant has been adjudicated a sex | 20 | | offender, has been a prison inmate, or has committed Medicare | 21 | | or Medicaid fraud, or conducting similar searches as defined | 22 | | by rule; and having the student, applicant, or employee's | 23 | | fingerprints collected and transmitted electronically to the | 24 | | Illinois State Police.
| 25 | | "Livescan vendor" means an entity whose equipment has been | 26 | | certified by the Illinois State Police to collect an |
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| 1 | | individual's demographics and inkless fingerprints and, in a | 2 | | manner prescribed by the Illinois State Police and the | 3 | | Department of Public Health, electronically transmit the | 4 | | fingerprints and required data to the Illinois State Police | 5 | | and a daily file of required data to the Department of Public | 6 | | Health. The Department of Public Health shall negotiate a | 7 | | contract with one or more vendors that effectively demonstrate | 8 | | that the vendor has 2 or more years of experience transmitting | 9 | | fingerprints electronically to the Illinois State Police and | 10 | | that the vendor can successfully transmit the required data in | 11 | | a manner prescribed by the Department of Public Health. Vendor | 12 | | authorization may be further defined by administrative rule.
| 13 | | "Long-term care facility" means a facility licensed by the | 14 | | State or certified under federal law as a long-term care | 15 | | facility, including without limitation facilities licensed | 16 | | under the Nursing Home Care Act, the Specialized Mental Health | 17 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 18 | | the MC/DD Act, a supportive living facility, an assisted | 19 | | living establishment, or a shared housing establishment or | 20 | | registered as a board and care home.
| 21 | | "Resident" means a person, individual, or patient under | 22 | | the direct care of a health care employer or who has been | 23 | | provided goods or services by a health care employer. | 24 | | (Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21; | 25 | | 102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. | 26 | | 5-13-22.)
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| 1 | | (225 ILCS 46/25)
| 2 | | Sec. 25. Hiring of people with criminal records by health | 3 | | care employers and long-term care facilities.
| 4 | | (a) A health care employer or long-term care facility may | 5 | | hire, employ, or retain any individual in a position involving | 6 | | direct care for clients, patients, or residents, or access to | 7 | | the living quarters or the financial, medical, or personal | 8 | | records of clients, patients, or residents who has been | 9 | | convicted of committing or attempting to commit one or more of | 10 | | the following offenses only with a waiver described in Section | 11 | | 40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
| 12 | | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, | 13 | | 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, | 14 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, | 15 | | 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | 16 | | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | 17 | | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | 18 | | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, | 19 | | 12-21.6, 12-32,
12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
| 20 | | 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, | 21 | | 19-4, 19-6, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, 24-1.8, | 22 | | 24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or | 23 | | in subsection (a) of Section 12-3 or subsection (a) or (b) of | 24 | | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | 25 | | Code of 2012; those provided in
Section 4 of the Wrongs to |
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| 1 | | Children Act; those provided in Section 53 of the
Criminal | 2 | | Jurisprudence 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 | 4 | | Cannabis Control Act; those defined in the Methamphetamine | 5 | | Control and Community Protection Act; those defined in | 6 | | Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 of the | 7 | | Illinois Controlled Substances Act; or subsection (a) of | 8 | | Section 3.01, Section 3.02, or Section 3.03 of the Humane Care | 9 | | for Animals Act.
| 10 | | (a-1) A health care employer or long-term care facility | 11 | | may hire, employ, or retain any individual in a position | 12 | | involving direct care for clients, patients, or residents, or | 13 | | access to the living quarters or the financial, medical, or | 14 | | personal records of clients, patients, or residents who has | 15 | | been convicted of committing or attempting to commit one or | 16 | | more of the following offenses only with a waiver described in | 17 | | Section 40: those offenses defined in Section 12-3.3, | 18 | | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | 19 | | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or | 20 | | 24-3.3, or subsection (b) of Section 17-32, subsection (b) of | 21 | | Section 18-1, or subsection (b) of Section 20-1,
of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012; Section 4, | 23 | | 5, 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card | 24 | | Act; or Section 11-9.1A of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012 or Section 5.1 of the Wrongs to Children | 26 | | Act;
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 | 2 | | individual in a position
with duties involving direct care for | 3 | | clients, patients, or residents, and no long-term care | 4 | | facility is required to retain an individual in a position | 5 | | with duties that involve or may involve
contact with residents | 6 | | or access to the living quarters or the financial, medical, or | 7 | | personal records of residents, who has
been convicted of | 8 | | committing or attempting to commit one or more of
the offenses | 9 | | enumerated in this subsection.
| 10 | | (a-5) A felony conviction of any of the following offenses | 11 | | is a disqualifying offense and requires immediate review of | 12 | | the license, registration, or certification under the relevant | 13 | | Acts for the professions identified in subsection (b) of | 14 | | Section 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 | 24 | | amendatory Act of the 103rd General Assembly to all initial | 25 | | applications for licensure, certification, or registration | 26 | | with the Department of Financial and Professional Regulation |
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| 1 | | under the Acts specified in subsection (b) of Section 10. For | 2 | | every licensure, certification, or registration renewal under | 3 | | the Acts specified in subsection (b) of Section 10, the | 4 | | Department of Financial and Professional Regulation shall | 5 | | conduct a review of the applicant's criminal background to | 6 | | determine whether the applicant committed an offense specified | 7 | | in this subsection after the effective date of this amendatory | 8 | | Act of the 103rd General Assembly. | 9 | | (b) A health care employer shall not hire, employ, or | 10 | | retain, whether paid or on a volunteer basis, any
individual | 11 | | in a position with duties involving direct care of clients,
| 12 | | patients, or residents, and no long-term care facility shall | 13 | | knowingly hire, employ, or retain, whether paid or on a | 14 | | volunteer basis, any individual in a position with duties that | 15 | | involve or may involve
contact with residents or access to the | 16 | | living quarters or the financial, medical, or personal records | 17 | | of residents, if the health care employer becomes aware that | 18 | | the
individual has been convicted in another state of | 19 | | committing or attempting to
commit an offense that has the | 20 | | same or similar elements as an offense listed in
subsection | 21 | | (a) , or (a-1), or (a-5), as verified by court records, records | 22 | | from a state
agency, or an FBI criminal history record check, | 23 | | unless the applicant or employee obtains a waiver pursuant to | 24 | | Section 40 of this Act. This shall not be construed to
mean | 25 | | that a health care employer has an obligation to conduct a | 26 | | criminal
history records check in other states in which an |
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| 1 | | employee has resided.
| 2 | | (c) A health care employer shall not hire, employ, or | 3 | | retain, whether paid or on a volunteer basis, any individual | 4 | | in a position with duties involving direct care of clients, | 5 | | patients, or residents, who has a finding by the Department of | 6 | | abuse, neglect, misappropriation of property, or theft denoted | 7 | | on the Health Care Worker Registry. | 8 | | (d) A health care employer shall not hire, employ, or | 9 | | retain, whether paid or on a volunteer basis, any individual | 10 | | in a position with duties involving direct care of clients, | 11 | | patients, or residents if the individual has a verified and | 12 | | substantiated finding of abuse, neglect, or financial | 13 | | exploitation, as identified within the Adult Protective | 14 | | Service Registry established under Section 7.5 of the Adult | 15 | | Protective Services Act. | 16 | | (e) A health care employer shall not hire, employ, or | 17 | | retain, whether paid or on a volunteer basis, any individual | 18 | | in a position with duties involving direct care of clients, | 19 | | patients, or residents who has a finding by the Department of | 20 | | Human Services of physical or sexual abuse, financial | 21 | | exploitation, or egregious neglect of an individual denoted on | 22 | | the 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 | 25 | | is 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 | 20 | | offense committed in this State shall provide a crime victim | 21 | | with a written statement and explanation of the rights of | 22 | | crime victims under this amendatory Act of the 99th General | 23 | | Assembly within 48 hours of law enforcement's initial contact | 24 | | with a victim. The statement shall include information about | 25 | | crime victim compensation, including how to contact the Office | 26 | | of the Illinois Attorney General to file a claim, and |
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| 1 | | appropriate referrals to local and State programs that provide | 2 | | victim services. The content of the statement shall be | 3 | | provided to law enforcement by the Attorney General. Law | 4 | | enforcement shall also provide a crime victim with a sign-off | 5 | | sheet that the victim shall sign and date as an | 6 | | acknowledgement that he or she has been furnished with | 7 | | information and an explanation of the rights of crime victims | 8 | | and compensation set forth in this Act. | 9 | | (b-5) Upon the request of the victim, the law enforcement | 10 | | agency having jurisdiction shall provide a free copy of the | 11 | | police report concerning the victim's incident, as soon as | 12 | | practicable, but in no event later than 5 business days from | 13 | | the request. | 14 | | (c) The Clerk of the Circuit Court shall post the rights of | 15 | | crime victims set forth in Article I, Section 8.1(a) of the | 16 | | Illinois Constitution and subsection (a) of this Section | 17 | | within 3 feet of the door to any courtroom where criminal | 18 | | proceedings are conducted. The clerk may also post the rights | 19 | | in other locations in the courthouse. | 20 | | (d) At any point, the victim has the right to retain a | 21 | | victim's attorney who may be present during all stages of any | 22 | | interview, investigation, or other interaction with | 23 | | representatives of the criminal justice system. Treatment of | 24 | | the victim should not be affected or altered in any way as a | 25 | | result 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 | 2 | | after becoming law.".
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