110 ILCS 57/ Medical School Matriculant Criminal History Records Check Act.

Information maintained by the Legislative Reference Bureau

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

HIGHER EDUCATION
(110 ILCS 57/) Medical School Matriculant Criminal History Records Check Act.

110 ILCS 57/1

(110 ILCS 57/1)

Sec. 1. Short title. This Act may be cited as the Medical School Matriculant Criminal History Records Check Act.

(Source: P.A. 94-709, eff. 12-5-05.)

110 ILCS 57/5

    (110 ILCS 57/5)
    Sec. 5. Definitions.

"Matriculant" means an individual who is conditionally admitted as a student to a medical school located in Illinois, pending the medical school's consideration of his or her criminal history records check under this Act.

"Sex offender" means any person who is convicted pursuant to Illinois law or any
      substantially similar federal, Uniform Code of Military
      Justice, sister state, or foreign country law with any of
      the following sex offenses set forth in the Criminal Code
      of 1961 or the Criminal Code of 2012:

        (1) Indecent solicitation of a child.
        (2) Sexual exploitation of a child.
        (3) Custodial sexual misconduct.
        (4) Exploitation of a child.
        (5) Child pornography.
        (6) Aggravated child pornography.

"Violent felony" means any of the following offenses, as
  defined by the Criminal Code of 1961 or the Criminal Code of 2012:

        (1) First degree murder.
        (2) Second degree murder.
        (3) Predatory criminal sexual assault of a child.
        (4) Aggravated criminal sexual assault.
        (5) Criminal sexual assault.
        (6) Aggravated arson.
        (7) Aggravated kidnapping.
        (8) Kidnapping.
        (9) Aggravated battery resulting in great bodily harm

or permanent disability or disfigurement.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

110 ILCS 57/10

(110 ILCS 57/10)

Sec. 10.

Criminal history records check for matriculants.

(a) A public medical school located in Illinois
  must conduct an inquiry into the Illinois State Police's Statewide Sex Offender Database for each matriculant and must
require that each matriculant submit to a fingerprint-based criminal history records check for violent felony  convictions,

conducted by the Illinois State Police and the  Federal Bureau of Investigation, as part of the medical school  admissions process. The medical school shall forward  the name, sex, race, date of birth, social security number, and fingerprints  of each of its matriculants to the Illinois State Police to  be searched against the fingerprint records
now and hereafter filed in the Illinois State Police and
Federal Bureau of Investigation criminal history records
databases. The fingerprints of each matriculant must be submitted in the form and manner  prescribed by the Illinois State Police. The Illinois State Police shall furnish,
pursuant to positive identification, records of a matriculant's
violent felony convictions to the medical school that
requested the criminal history records check. Compliance with the criminal history record checks required by this subsection (a) may also be accomplished through the use of a private entity that checks criminal history records for violent felony convictions.

(b) A private  medical school located in Illinois
  must conduct an inquiry into the Illinois State Police's Statewide Sex Offender Database for each matriculant and must  require that each matriculant submit to an Illinois Uniform Conviction Information Act  fingerprint-based, criminal history records check for violent felony  convictions, conducted by the Illinois State Police, as part of the medical school  admissions process. The  medical school shall forward  the name, sex, race, date of birth, social security number, and fingerprints  of each of its matriculants to the Illinois State Police to  be searched against the fingerprint records
now and hereafter filed in the Illinois State Police criminal history records
database. The fingerprints of each matriculant must be submitted in the form and manner  prescribed by the Illinois State Police. The Illinois State Police shall furnish,
pursuant to positive identification, records of a matriculant's
violent felony convictions to the medical school that
requested the criminal history records check.
Compliance with the criminal history record checks required by this subsection (b) may also be accomplished through the use of a private entity that checks criminal history records for violent felony convictions.

(Source: P.A. 102-538, eff. 8-20-21.)

110 ILCS 57/15

(110 ILCS 57/15)

Sec. 15. Fees.

The Illinois State Police shall  charge each requesting medical school a fee for conducting the  criminal history records check under Section 10 of this Act, which shall be deposited in the  State Police Services Fund and shall not exceed the cost of the  inquiry. Each requesting medical school is solely responsible  for payment of this fee to the Illinois State Police. Each requesting medical school is solely responsible for payment of any fees associated with the use of a private entity that checks criminal history records for violent felony convictions. Each  medical school may impose its own fee upon a matriculant to cover the cost of the criminal history records check at  the time the matriculant submits to the criminal history records  check.

(Source: P.A. 102-538, eff. 8-20-21.)

110 ILCS 57/20

(110 ILCS 57/20)

Sec. 20. Admissions decision.

The information collected  under this Act as a result of the criminal history records check must be  considered by the requesting medical school in determining  whether or not to officially admit a matriculant. Upon a medical school's evaluation of a matriculant's criminal history records check, a matriculant who has been convicted of a violent felony conviction or adjudicated a sex offender may be precluded from gaining official admission to that medical school; however, a violent felony conviction or an adjudication as a sex offender shall not serve as an automatic bar to official admission to a medical school located in Illinois.

(Source: P.A. 94-709, eff. 12-5-05.)

110 ILCS 57/25

(110 ILCS 57/25)

Sec. 25. Civil immunity.

Except for willful or wanton misconduct, no medical school acting under the provisions of this Act shall be civilly liable to any matriculant for reporting any required information to the Illinois State Police or for any decision made pursuant to Section 20 of this Act.

(Source: P.A. 102-538, eff. 8-20-21.)

110 ILCS 57/30

(110 ILCS 57/30)

Sec. 30. Applicability.

This Act applies only to matriculants who are conditionally admitted to a medical school located in Illinois on or after the effective date of this Act.

(Source: P.A. 94-709, eff. 12-5-05.)

110 ILCS 57/90

(110 ILCS 57/90)

Sec. 90.

(Amendatory provisions; text omitted).

(Source: P.A. 94-709, eff. 12-5-05; text omitted.)

110 ILCS 57/99

(110 ILCS 57/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 94-709, eff. 12-5-05.)