Public Act 094-1053
 
SB3018 Enrolled LRB094 15525 RLC 50724 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Health Care Worker Background Check Act is
amended by changing Section 25 as follows:
 
    (225 ILCS 46/25)
    Sec. 25. Persons ineligible to be hired by health care
employers and long-term care facilities.
    (a) After January 1, 1996, or January 1, 1997, or the
effective date of this amendatory Act of the 94th General
Assembly, as applicable, no health care employer shall
knowingly hire, employ, or retain any individual in a position
with duties involving direct care for clients, patients, or
residents, and no long-term care facility shall knowingly hire,
employ, or retain any individual in a position with duties that
involve or may involve contact with residents or access to the
living quarters or the financial, medical, or personal records
of residents, who has been convicted of committing or
attempting to commit one or more of the offenses defined in
Sections 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1,
9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6,
11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
12-4.7, 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12-19, 12-21, 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3,
18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;
those provided in Section 4 of the Wrongs to Children Act;
those provided in Section 53 of the Criminal Jurisprudence Act;
those defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis
Control Act; those defined in the Methamphetamine Control and
Community Protection Act; or those defined in Sections 401,
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
Controlled Substances Act, unless the applicant or employee
obtains a waiver pursuant to Section 40.
    (a-1) After January 1, 2004, no health care employer shall
knowingly hire any individual in a position with duties
involving direct care for clients, patients, or residents, and
no long-term care facility shall knowingly hire any individual
in a position with duties that involve or may involve contact
with residents or access to the living quarters or the
financial, medical, or personal records of residents, who has
(i) been convicted of committing or attempting to commit one or
more of the offenses defined in Section 12-3.3, 12-4.2-5, 16-2,
16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
24-3.2, or 24-3.3 of the Criminal Code of 1961; Section 4, 5,
6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act;
or Section 5.1 of the Wrongs to Children Act; or (ii) violated
Section 10-5 of the Nursing and Advanced Practice Nursing Act.
    A UCIA criminal history record check need not be redone for
health care employees who have been continuously employed by a
health care employer since January 1, 2004, but nothing in this
Section prohibits a health care employer from initiating a
criminal history check for these employees.
    A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care facility
is required to retain an individual in a position with duties
that involve or may involve contact with residents or access to
the living quarters or the financial, medical, or personal
records of residents, who has been convicted of committing or
attempting to commit one or more of the offenses enumerated in
this subsection.
    (b) A health care employer shall not hire, employ, or
retain any individual in a position with duties involving
direct care of clients, patients, or residents, and no
long-term care facility shall knowingly hire, employ, or retain
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents, if
the health care employer becomes aware that the individual has
been convicted in another state of committing or attempting to
commit an offense that has the same or similar elements as an
offense listed in subsection (a) or (a-1), as verified by court
records, records from a state agency, or an FBI criminal
history record check. This shall not be construed to mean that
a health care employer has an obligation to conduct a criminal
history records check in other states in which an employee has
resided.
(Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05;
94-665, eff. 1-1-06; revised 8-29-05.)
 
    Section 5. The Criminal Code of 1961 is amended by adding
Section 11-9.5 as follows:
 
    (720 ILCS 5/11-9.5 new)
    Sec. 11-9.5. Sexual misconduct with a person with a
disability.
    (a) Definitions. As used in this Section:
        (1) "Person with a disability" means:
            (i) a person diagnosed with a developmental
        disability as defined in Section 1-106 of the Mental
        Health and Developmental Disabilities Code; or
            (ii) a person diagnosed with a mental illness as
        defined in Section 1-129 of the Mental Health and
        Developmental Disabilities Code.
        (2) "State-operated facility" means:
            (i) a developmental disability facility as defined
        in the Mental Health and Developmental Disabilities
        Code; or
            (ii) a mental health facility as defined in the
        Mental Health and Developmental Disabilities Code.
        (3) "Community agency" or "agency" means any community
    entity or program providing residential mental health or
    developmental disabilities services that is licensed,
    certified, or funded by the Department of Human Services
    and not licensed or certified by any other human service
    agency of the State such as the Departments of Public
    Health, Healthcare and Family Services, and Children and
    Family Services.
        (4) "Care and custody" means admission to a
    State-operated facility.
        (5) "Employee" means:
            (i) any person employed by the Illinois Department
        of Human Services;
            (ii) any person employed by a community agency
        providing services at the direction of the owner or
        operator of the agency on or off site; or
            (iii) any person who is a contractual employee or
        contractual agent of the Department of Human Services
        or the community agency. This includes but is not
        limited to payroll personnel, contractors,
        subcontractors, and volunteers.
        (6) "Sexual conduct" or "sexual penetration" means any
    act of sexual conduct or sexual penetration as defined in
    Section 12-12 of this Code.
    (b) A person commits the offense of sexual misconduct with
a person with a disability when:
        (1) he or she is an employee and knowingly engages in
    sexual conduct or sexual penetration with a person with a
    disability who is under the care and custody of the
    Department of Human Services at a State-operated facility;
    or
        (2) he or she is an employee of a community agency
    funded by the Department of Human Services and knowingly
    engages in sexual conduct or sexual penetration with a
    person with a disability who is in a residential program
    operated or supervised by a community agency.
    (c) For purposes of this Section, the consent of a person
with a disability in custody of the Department of Human
Services residing at a State-operated facility or receiving
services from a community agency shall not be a defense to a
prosecution under this Section. A person is deemed incapable of
consent, for purposes of this Section, when he or she is a
person with a disability and is receiving services at a
State-operated facility or is a person with a disability who is
in a residential program operated or supervised by a community
agency.
    (d) This Section does not apply to:
        (1) any State employee or any community agency employee
    who is lawfully married to a person with a disability in
    custody of the Department of Human Services or receiving
    services from a community agency if the marriage occurred
    before the date of custody or the initiation of services at
    a community agency; or
        (2) any State employee or community agency employee who
    has no knowledge, and would have no reason to believe, that
    the person with whom he or she engaged in sexual misconduct
    was a person with a disability in custody of the Department
    of Human Services or was receiving services from a
    community agency.
    (e) Sentence. Sexual misconduct with a person with a
disability is a Class 3 felony.
    (f) Any person convicted of violating this Section shall
immediately forfeit his or her employment with the State or the
community agency.
 
    Section 10. The Sex Offender Registration Act is amended by
changing Section 2 as follows:
 
    (730 ILCS 150/2)  (from Ch. 38, par. 222)
    Sec. 2. Definitions.
    (A) As used in this Article, "sex offender" means any
person who is:
        (1) charged pursuant to Illinois law, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law, with a sex
    offense set forth in subsection (B) of this Section or the
    attempt to commit an included sex offense, and:
            (a) is convicted of such offense or an attempt to
        commit such offense; or
            (b) is found not guilty by reason of insanity of
        such offense or an attempt to commit such offense; or
            (c) is found not guilty by reason of insanity
        pursuant to Section 104-25(c) of the Code of Criminal
        Procedure of 1963 of such offense or an attempt to
        commit such offense; or
            (d) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged commission or attempted commission of such
        offense; or
            (e) is found not guilty by reason of insanity
        following a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(c) of the Code of Criminal Procedure of 1963 of
        such offense or of the attempted commission of such
        offense; or
            (f) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged violation or attempted commission of such
        offense; or
        (2) certified as a sexually dangerous person pursuant
    to the Illinois Sexually Dangerous Persons Act, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (3) subject to the provisions of Section 2 of the
    Interstate Agreements on Sexually Dangerous Persons Act;
    or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) adjudicated a juvenile delinquent as the result of
    committing or attempting to commit an act which, if
    committed by an adult, would constitute any of the offenses
    specified in item (B), (C), or (C-5) of this Section or a
    violation of any substantially similar federal, Uniform
    Code of Military Justice, sister state, or foreign country
    law, or found guilty under Article V of the Juvenile Court
    Act of 1987 of committing or attempting to commit an act
    which, if committed by an adult, would constitute any of
    the offenses specified in item (B), (C), or (C-5) of this
    Section or a violation of any substantially similar
    federal, Uniform Code of Military Justice, sister state, or
    foreign country law.
    Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Article as one conviction.
Any conviction set aside pursuant to law is not a conviction
for purposes of this Article.
     For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated". For the purposes of this
Article, a person who is defined as a sex offender as a result
of being adjudicated a juvenile delinquent under paragraph (5)
of this subsection (A) upon attaining 17 years of age shall be
considered as having committed the sex offense on or after the
sex offender's 17th birthday. Registration of juveniles upon
attaining 17 years of age shall not extend the original
registration of 10 years from the date of conviction.
    (B) As used in this Article, "sex offense" means:
        (1) A violation of any of the following Sections of the
    Criminal Code of 1961:
            11-20.1 (child pornography),
            11-6 (indecent solicitation of a child),
            11-9.1 (sexual exploitation of a child),
            11-9.2 (custodial sexual misconduct),
            11-9.5 (sexual misconduct with a person with a
        disability),
            11-15.1 (soliciting for a juvenile prostitute),
            11-18.1 (patronizing a juvenile prostitute),
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            12-13 (criminal sexual assault),
            12-14 (aggravated criminal sexual assault),
            12-14.1 (predatory criminal sexual assault of a
        child),
            12-15 (criminal sexual abuse),
            12-16 (aggravated criminal sexual abuse),
            12-33 (ritualized abuse of a child).
            An attempt to commit any of these offenses.
        (1.5) A violation of any of the following Sections of
    the Criminal Code of 1961, when the victim is a person
    under 18 years of age, the defendant is not a parent of the
    victim, and the offense was committed on or after January
    1, 1996:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (1.6) First degree murder under Section 9-1 of the
    Criminal Code of 1961, when the victim was a person under
    18 years of age and the defendant was at least 17 years of
    age at the time of the commission of the offense.
        (1.7) (Blank).
        (1.8) A violation or attempted violation of Section
    11-11 (sexual relations within families) of the Criminal
    Code of 1961, and the offense was committed on or after
    June 1, 1997.
        (1.9)   Child abduction under paragraph (10) of
    subsection (b) of Section 10-5 of the Criminal Code of 1961
    committed by luring or attempting to lure a child under the
    age of 16 into a motor vehicle, building, house trailer, or
    dwelling place without the consent of the parent or lawful
    custodian of the child for other than a lawful purpose and
    the offense was committed on or after January 1, 1998.
        (1.10) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after July 1, 1999:
            10-4 (forcible detention, if the victim is under 18
        years of age),
            11-6.5 (indecent solicitation of an adult),
            11-15 (soliciting for a prostitute, if the victim
        is under 18 years of age),
            11-16 (pandering, if the victim is under 18 years
        of age),
            11-18 (patronizing a prostitute, if the victim is
        under 18 years of age),
            11-19 (pimping, if the victim is under 18 years of
        age).
        (1.11) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after August 22, 2002:
            11-9 (public indecency for a third or subsequent
        conviction).
        (1.12) A violation or attempted violation of Section
    5.1 of the Wrongs to Children Act (permitting sexual abuse)
    when the offense was committed on or after August 22, 2002.
        (2) A violation of any former law of this State
    substantially equivalent to any offense listed in
    subsection (B) of this Section.
    (C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), and (E) of this Section shall
constitute a conviction for the purpose of this Article. A
finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
    (C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection
(C-5) applies to a person who committed the offense before June
1, 1996 only if the person is incarcerated in an Illinois
Department of Corrections facility on August 20, 2004 (the
effective date of Public Act 93-977).
    (D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
    (D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent or
county probation officer.
    (E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
        (1) Convicted for an offense of federal, Uniform Code
    of Military Justice, sister state, or foreign country law
    that is substantially equivalent to any offense listed in
    subsection (E) of this Section shall constitute a
    conviction for the purpose of this Article. Convicted of a
    violation or attempted violation of any of the following
    Sections of the Criminal Code of 1961, if the conviction
    occurred after July 1, 1999:
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            11-20.1 (child pornography),
            12-13 (criminal sexual assault),
            12-14 (aggravated criminal sexual assault),
            12-14.1 (predatory criminal sexual assault of a
        child),
            12-16 (aggravated criminal sexual abuse),
            12-33 (ritualized abuse of a child); or
        (2) convicted of first degree murder under Section 9-1
    of the Criminal Code of 1961, when the victim was a person
    under 18 years of age and the defendant was at least 17
    years of age at the time of the commission of the offense;
    or
        (3) certified as a sexually dangerous person pursuant
    to the Sexually Dangerous Persons Act or any substantially
    similar federal, Uniform Code of Military Justice, sister
    state, or foreign country law; or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) convicted of a second or subsequent offense which
    requires registration pursuant to this Act. The conviction
    for the second or subsequent offense must have occurred
    after July 1, 1999. For purposes of this paragraph (5),
    "convicted" shall include a conviction under any
    substantially similar Illinois, federal, Uniform Code of
    Military Justice, sister state, or foreign country law.
    (F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
    (G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
    (H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
    (I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
(Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04;
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.