|Public Act 094-0709
||LRB094 03494 RAS 33497 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Medical School Matriculant Criminal History Records Check Act.
"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
(1) Indecent solicitation of a child.
(2) Sexual exploitation of a child.
(3) Custodial sexual misconduct.
(4) Exploitation of a child.
(5) Child pornography.
"Violent felony" means any of the following offenses, as
defined by the Criminal Code of 1961:
(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.
(9) Aggravated battery resulting in great bodily harm
or permanent disability or disfigurement.
Criminal history records check for
matriculants. A medical school located in Illinois
that each matriculant submit to a fingerprint-based criminal
history records check for violent felony convictions and any
adjudication of the matriculant as a sex offender conducted by
the Department of State Police and the Federal Bureau of
Investigation as part of the medical school admissions process.
A medical school shall forward the name, sex, race, date of
birth, social security number, and fingerprints of each of its
matriculants to the Department of State Police to be searched
against the Statewide Sex Offender Database and the fingerprint
now and hereafter filed in the Department of State
Federal Bureau of Investigation criminal history
databases. The fingerprints of each matriculant must be
submitted in the form and manner prescribed by the Department
of State Police. The Department of State Police shall furnish,
pursuant to positive identification, records of a
violent felony convictions and any record of a
adjudication as a sex offender to the medical
requested the criminal history records check.
The Department of 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 Department of State Police. 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.
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.
Except for wilful or wanton
misconduct, no medical school acting under the provisions of
this Act shall be civilly liable to any matriculant for any
decision made pursuant to Section 20 of this Act.
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.
The Department of State Police Law of the
Administrative Code of Illinois is amended by adding Section
2605-327 as follows:
(20 ILCS 2605/2605-327 new)
Conviction and sex offender information for
Upon the request of a medical school under the
Medical School Matriculant Criminal History Records Check Act,
to ascertain whether a matriculant of the medical school has
been convicted of any violent felony or has been adjudicated a
sex offender. The Department shall furnish this information to
the medical school that requested the information.
Pursuant to the Medical School Matriculant Criminal
History Records Check Act, the Department shall conduct a
fingerprint-based criminal history records check of the
Statewide Sex Offender Database, the Illinois criminal history
records database, and the Federal Bureau of Investigation
criminal history records database. The Department may charge