Bill Status of HB 344   101st General Assembly

Short Description:  AUTHORIZED ELECTRONIC MONITOR

House Sponsors
Rep. Thomas M. Bennett-William Davis-Anna Moeller-Margo McDermed-Charles Meier, LaToya Greenwood, Gregory Harris, Mike Murphy, Dan Brady, Randy E. Frese and Amy Grant

Senate Sponsors
(Sen. Scott M. Bennett)


Last Action  View All Actions

DateChamber Action
  8/9/2019HousePublic Act . . . . . . . . . 101-0229

Statutes Amended In Order of Appearance
New Act
210 ILCS 135/14.5 new
405 ILCS 5/2-116 new

Synopsis As Introduced
Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff's access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes. Effective January 1, 2020.

House Floor Amendment No. 4
Replaces everything after the enacting clause with the provisions of the introduced bill as amended by House Amendment No. 2 and House Amendment No. 3 with the following changes. Removes language allowing specified individuals to consent to authorized electronic monitoring if the resident or the roommate has not affirmatively objected to the monitoring and his or her physician determines that he or she lacks the ability to understand and appreciate the nature and consequences of electronic monitoring. Provides that if a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio monitoring, that resident is responsible for installing a secure, password-protected network. In provisions amending the Community-Integrated Living Arrangements Licensure and Certification Act and the Mental Health and Developmental Disabilities Code, provides that intentionally retaliating or discriminating against any recipient for consenting to authorized electronic monitoring, or preventing the installation or use of an electronic monitoring device by a recipient under the Act, is a business offense punishable by a fine not to exceed $1,000 (rather than $10,000).

Actions 
DateChamber Action
  1/14/2019HouseFiled with the Clerk by Rep. Thomas M. Bennett
  1/14/2019HouseFirst Reading
  1/14/2019HouseReferred to Rules Committee
  2/5/2019HouseAssigned to Human Services Committee
  2/20/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Thomas M. Bennett
  2/20/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/26/2019HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/6/2019HouseAdded Chief Co-Sponsor Rep. William Davis
  3/6/2019HouseAdded Chief Co-Sponsor Rep. Anna Moeller
  3/6/2019HouseAdded Chief Co-Sponsor Rep. Margo McDermed
  3/6/2019HouseAdded Chief Co-Sponsor Rep. Charles Meier
  3/6/2019HouseAdded Co-Sponsor Rep. LaToya Greenwood
  3/6/2019HouseAdded Co-Sponsor Rep. Gregory Harris
  3/6/2019HouseAdded Co-Sponsor Rep. Mike Murphy
  3/6/2019HouseAdded Co-Sponsor Rep. Dan Brady
  3/6/2019HouseAdded Co-Sponsor Rep. Randy E. Frese
  3/7/2019HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Thomas M. Bennett
  3/7/2019HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/12/2019HouseHouse Committee Amendment No. 2 Rules Refers to Human Services Committee
  3/18/2019HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Thomas M. Bennett
  3/18/2019HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  3/20/2019HouseHouse Committee Amendment No. 3 Rules Refers to Human Services Committee
  3/27/2019HouseDo Pass / Short Debate Human Services Committee; 013-000-000
  3/27/2019HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/27/2019HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  3/27/2019HouseHouse Committee Amendment No. 3 Tabled Pursuant to Rule 40
  3/29/2019HousePlaced on Calendar 2nd Reading - Short Debate
  4/1/2019HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Thomas M. Bennett
  4/1/2019HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/2/2019HouseHouse Floor Amendment No. 4 Rules Refers to Human Services Committee
  4/4/2019HouseHouse Floor Amendment No. 4 Recommends Be Adopted Human Services Committee; 010-000-000
  4/9/2019HouseSecond Reading - Short Debate
  4/9/2019HouseHouse Floor Amendment No. 4 Adopted
  4/9/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2019HouseThird Reading - Short Debate - Passed 113-000-000
  4/10/2019HouseAdded Co-Sponsor Rep. Amy Grant
  4/10/2019SenateArrive in Senate
  4/10/2019SenatePlaced on Calendar Order of First Reading
  4/10/2019SenateChief Senate Sponsor Sen. Scott M. Bennett
  4/10/2019SenateFirst Reading
  4/10/2019SenateReferred to Assignments
  4/24/2019SenateAssigned to Human Services
  5/2/2019SenateDo Pass Human Services; 009-000-000
  5/2/2019SenatePlaced on Calendar Order of 2nd Reading May 7, 2019
  5/9/2019SenateSecond Reading
  5/9/2019SenatePlaced on Calendar Order of 3rd Reading May 14, 2019
  5/23/2019SenateThird Reading - Passed; 058-000-000
  5/23/2019HousePassed Both Houses
  6/21/2019HouseSent to the Governor
  8/9/2019HouseGovernor Approved
  8/9/2019HouseEffective Date January 1, 2020
  8/9/2019HousePublic Act . . . . . . . . . 101-0229

Back To Top