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HB3801 Enrolled |
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LRB094 03494 RAS 33497 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Medical School Matriculant Criminal History Records Check Act.
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| Section 5. Definitions. |
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| "Matriculant" means an individual who is conditionally |
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| admitted as a student to a medical school located in Illinois, |
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| pending the medical school's consideration of his or her |
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| criminal history records check under this Act. |
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| "Sex offender" means any person who is convicted pursuant |
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| to Illinois law or any
substantially similar federal, Uniform |
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| Code of Military
Justice, sister state, or foreign country law |
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| with any of
the following sex offenses set forth in the |
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| Criminal Code
of 1961: |
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| (1) Indecent solicitation of a child. |
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| (2) Sexual exploitation of a child. |
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| (3) Custodial sexual misconduct. |
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| (4) Exploitation of a child. |
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| (5) Child pornography. |
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| "Violent felony" means any of the following offenses, as
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| defined by the Criminal Code of 1961: |
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| (1) First degree murder. |
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| (2) Second degree murder. |
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| (3) Predatory criminal sexual assault of a child. |
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| (4) Aggravated criminal sexual assault. |
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| (5) Criminal sexual assault. |
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| (6) Aggravated arson. |
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| (7) Aggravated kidnapping. |
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| (8) Kidnapping. |
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| (9) Aggravated battery resulting in great bodily harm |
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| or permanent disability or disfigurement.
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HB3801 Enrolled |
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LRB094 03494 RAS 33497 b |
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| Section 10. Criminal history records check for |
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| matriculants. A medical school located in Illinois
must require |
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| that each matriculant submit to a fingerprint-based criminal |
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| history records check for violent felony convictions and any |
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| adjudication of the matriculant as a sex offender conducted by |
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| the Department of State Police and the Federal Bureau of |
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| Investigation as part of the medical school admissions process. |
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| A medical school shall forward the name, sex, race, date of |
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| birth, social security number, and fingerprints of each of its |
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| matriculants to the Department of State Police to be searched |
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| against the Statewide Sex Offender Database and the fingerprint |
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| records
now and hereafter filed in the Department of State |
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| Police and
Federal Bureau of Investigation criminal history |
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| records
databases. The fingerprints of each matriculant must be |
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| submitted in the form and manner prescribed by the Department |
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| of State Police. The Department of State Police shall furnish,
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| pursuant to positive identification, records of a |
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| matriculant's
violent felony convictions and any record of a |
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| matriculant's
adjudication as a sex offender to the medical |
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| school that
requested the criminal history records check.
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| Section 15. Fees. The Department of State Police shall |
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| charge each requesting medical school a fee for conducting the |
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| criminal history records check under Section 10 of this Act, |
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| which shall be deposited in the State Police Services Fund and |
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| shall not exceed the cost of the inquiry. Each requesting |
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| medical school is solely responsible for payment of this fee to |
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| the Department of State Police. Each medical school may impose |
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| its own fee upon a matriculant to cover the cost of the |
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| criminal history records check at the time the matriculant |
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| submits to the criminal history records check.
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| Section 20. Admissions decision. The information collected |
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| under this Act as a result of the criminal history records |
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| check must be considered by the requesting medical school in |
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HB3801 Enrolled |
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LRB094 03494 RAS 33497 b |
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| determining whether or not to officially admit a matriculant. |
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| Upon a medical school's evaluation of a matriculant's criminal |
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| history records check, a matriculant who has been convicted of |
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| a violent felony conviction or adjudicated a sex offender may |
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| be precluded from gaining official admission to that medical |
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| school; however, a violent felony conviction or an adjudication |
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| as a sex offender shall not serve as an automatic bar to |
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| official admission to a medical school located in Illinois.
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| Section 25. Civil immunity. Except for wilful or wanton |
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| misconduct, no medical school acting under the provisions of |
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| this Act shall be civilly liable to any matriculant for any |
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| decision made pursuant to Section 20 of this Act.
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| Section 30. Applicability. This Act applies only to |
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| matriculants who are conditionally admitted to a medical school |
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| located in Illinois on or after the effective date of this Act.
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| Section 90. The Department of State Police Law of the
Civil |
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| Administrative Code of Illinois is amended by adding Section |
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| 2605-327 as follows:
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| (20 ILCS 2605/2605-327 new) |
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| Sec. 2605-327. Conviction and sex offender information for |
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| medical school. Upon the request of a medical school under the |
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| Medical School Matriculant Criminal History Records Check Act, |
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| to ascertain whether a matriculant of the medical school has |
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| been convicted of any violent felony or has been adjudicated a |
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| sex offender. The Department shall furnish this information to |
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| the medical school that requested the information. |
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| Pursuant to the Medical School Matriculant Criminal |
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| History Records Check Act, the Department shall conduct a |
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| fingerprint-based criminal history records check of the |
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| Statewide Sex Offender Database, the Illinois criminal history |
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| records database, and the Federal Bureau of Investigation |
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| criminal history records database. The Department may charge |