SB3018 Enrolled

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    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 3. The Health Care Worker Background Check Act is 
5
amended  by changing Section 25 as follows:
 



6
    (225 ILCS 46/25)



7
    Sec. 25. Persons ineligible to be hired by health care 
8
employers and long-term care facilities. 

9
    (a) After January 1, 1996, or January 1, 1997, or the 
10
effective date of this amendatory Act of the 94th General 
11
Assembly, as applicable, no
health care employer shall 
12
knowingly hire, employ, or retain any
individual in a position 
13
with duties involving direct care for clients,
patients, or 
14
residents, and no long-term care facility shall knowingly hire, 
15
employ, or retain any individual in a position with duties that 
16
involve or may involve contact with residents or access to the 
17
living quarters or the financial, medical, or personal records 
18
of residents, who has been convicted of committing or 
19
attempting to
commit one or more of the offenses defined in 
20
Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 
21
9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, 
22
11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,

23
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 
24
12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
25
12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, 
26
18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,

27
24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; 
28
those provided in
Section 4 of the Wrongs to Children Act; 
29
those provided in Section 53 of the
Criminal Jurisprudence Act; 
30
those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis 
31
Control Act; those defined in the Methamphetamine Control and 
32
Community Protection Act; or those defined in Sections 401, 
 


 






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401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois 
2
Controlled Substances Act, unless the
applicant or employee 
3
obtains a waiver pursuant to Section 40.

4
    (a-1) After January 1, 2004, no health care employer shall 
5
knowingly hire
any individual in a position with duties 
6
involving direct care for clients,
patients, or residents, and 
7
no long-term care facility shall knowingly hire any individual 
8
in a position with duties that involve or may involve contact 
9
with residents or access to the living quarters or the 
10
financial, medical, or personal records of residents, who has 
11
(i) been convicted of committing or attempting
to commit one or 
12
more of the offenses defined in Section 12-3.3, 12-4.2-5,
16-2, 
13
16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 
14
24-3.2, or 24-3.3
of the Criminal Code of 1961; Section 4, 5, 
15
6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; 
16
or Section 5.1 of the Wrongs to Children Act;
or (ii) violated 
17
Section 10-5 of the Nursing and Advanced Practice Nursing Act.

18
    A UCIA criminal history record check need not be redone for 
19
health care
employees who have been continuously employed by a 
20
health care employer since
January 1, 2004, but nothing in this 
21
Section prohibits a health care employer
from initiating a 
22
criminal history check for these employees.

23
    A health care employer is not required to retain an 
24
individual in a position
with duties involving direct care for 
25
clients, patients, or residents, and no long-term care facility 
26
is required to retain an  individual in a position with duties 
27
that involve or may involve contact with residents or access to 
28
the living quarters or the financial, medical, or personal 
29
records of residents, who has
been convicted of committing or 
30
attempting to commit one or more of
the offenses enumerated in 
31
this subsection.

32
    (b) A health care employer shall not hire, employ, or 
33
retain any
individual in a position with duties involving 
34
direct care of clients,
patients, or residents, and no 
35
long-term care facility shall knowingly hire, employ, or retain 
36
any individual in a position with duties that involve or may 
 


 






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involve contact with residents or access to the living quarters 
2
or the financial, medical, or personal records of residents, if 
3
the health care employer becomes aware that the
individual has 
4
been convicted in another state of committing or attempting to

5
commit an offense that has the same or similar elements as an 
6
offense listed in
subsection (a) or (a-1), as verified by court 
7
records, records from a state
agency, or an FBI criminal 
8
history record check. This shall not be construed to
mean that 
9
a health care employer has an obligation to conduct a criminal

10
history records check in other states in which an employee has 
11
resided.

12
(Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; 
13
94-665, eff. 1-1-06; revised 8-29-05.)

 
14
    Section 5. The Criminal Code of 1961 is amended  by adding 
15
Section 11-9.5 as follows:
 
16
    (720 ILCS 5/11-9.5  new)
17
    Sec. 11-9.5. Sexual misconduct with a person with a 
18
disability.
19
    (a) Definitions.  As used in this Section:
20
        (1) "Person with a disability" means:
21
            (i) a person diagnosed with a developmental 
22
        disability as defined in Section 1-106 of the Mental 
23
        Health and Developmental Disabilities Code; or
24
            (ii) a person diagnosed with a mental illness as 
25
        defined in Section 1-129 of the Mental Health and 
26
        Developmental Disabilities Code.
27
        (2) "State-operated facility" means:
28
            (i) a developmental disability facility as defined 
29
        in the Mental Health and Developmental Disabilities 
30
        Code;
or
31
            (ii) a mental health facility as defined in the 
32
        Mental Health and Developmental Disabilities Code.
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        (3) "Community agency" or "agency" means any community 
34
    entity or program providing residential mental health or 
 


 






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    developmental disabilities services that is licensed, 
2
    certified, or funded by the Department of Human Services 
3
    and not licensed or certified by any other human service 
4
    agency of the State such as the  Departments of Public 
5
    Health, Healthcare and Family Services, and Children and 
6
    Family Services.
7
        (4) "Care and custody" means admission to a 
8
    State-operated facility.
9
        (5) "Employee" means:
10
            (i)  any person employed by the Illinois  Department 
11
        of Human Services;
12
            (ii) any person employed by a community agency 
13
        providing services at the direction of the owner or 
14
        operator of the agency on or off site;
or
15
            (iii) any person who is a contractual employee or 
16
        contractual agent of the Department of Human Services 
17
        or the community agency.  This includes but is not 
18
        limited to payroll personnel, contractors, 
19
        subcontractors, and volunteers.
20
        (6) "Sexual conduct" or "sexual penetration" means any 
21
    act of sexual conduct or sexual penetration as defined in 
22
    Section 12-12 of this Code.

23
    (b) A person commits the offense of sexual misconduct with 
24
a person with a disability when:
25
        (1) he or she is an employee and knowingly engages in 
26
    sexual conduct or sexual penetration with a person with a 
27
    disability who is under the care and custody of the 
28
    Department of Human Services at a State-operated facility; 
29
    or
30
        (2) he or she is an employee of a community agency 
31
    funded by the Department of Human Services and knowingly 
32
    engages in sexual conduct or sexual penetration with a 
33
    person with a disability who is in a residential program 
34
    operated or supervised by a community agency.
35
    (c) For purposes of this Section, the consent of a person 
36
with a disability in custody of the Department of Human 
 


 






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Services residing at a State-operated facility or receiving 
2
services from a community agency shall not be a defense to a 
3
prosecution under this Section.  A person is deemed incapable of 
4
consent, for purposes of this Section, when he or she is a 
5
person with a disability and is receiving services at a 
6
State-operated facility or is a person with a disability who is 
7
in a residential program operated or supervised by a community 
8
agency.
9
    (d) This Section does not apply to:
10
        (1) any State employee or any community agency employee 
11
    who is lawfully married to a person with a disability in 
12
    custody of the Department of Human Services or receiving 
13
    services from a community agency if the marriage occurred 
14
    before the date of custody or the initiation of services at 
15
    a community agency; or
16
        (2) any State employee or community agency employee who 
17
    has no knowledge, and would have no reason to believe, that 
18
    the person with whom he or she engaged in sexual misconduct 
19
    was a person with a disability in custody of the Department 
20
    of Human Services or was receiving services from a 
21
    community agency.
22
    (e) Sentence.  Sexual misconduct with a person with a 
23
disability is a Class 3 felony.
24
    (f) Any person convicted of violating this Section shall 
25
immediately forfeit his or her employment with the State or the 
26
community agency.

 
27
    Section 10. The Sex Offender Registration Act is amended  by 
28
changing Section 2 as follows:
 



29
    (730 ILCS 150/2)  (from Ch. 38, par. 222)


30
    Sec. 2. Definitions. 

31
    (A) As used in this Article, "sex offender" means any 
32
person who is:


33
        (1) charged pursuant to Illinois law, or any 
34
    substantially similar
federal, Uniform Code of Military 
 


 






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    Justice, sister state, or foreign country
law,
with a sex 
2
    offense set forth
in subsection (B) of this Section or the 
3
    attempt to commit an included sex
offense, and:


4
            (a) is convicted of such offense or an attempt to 
5
        commit such offense;
or


6
            (b) is found not guilty by reason of insanity of 
7
        such offense or an
attempt to commit such offense; or


8
            (c) is found not guilty by reason of insanity 
9
        pursuant to Section
104-25(c) of the Code of Criminal 
10
        Procedure of 1963 of such offense or an
attempt to 
11
        commit such offense; or


12
            (d) is the subject of a finding not resulting in an 
13
        acquittal at a
hearing conducted pursuant to Section 
14
        104-25(a) of the Code of Criminal
Procedure of 1963 for 
15
        the alleged commission or attempted commission of such

16
        offense; or


17
            (e) is found not guilty by reason of insanity 
18
        following a hearing
conducted pursuant to a federal, 
19
        Uniform Code of Military Justice, sister
state, or 
20
        foreign country law
substantially similar to Section 
21
        104-25(c) of the Code of Criminal Procedure
of 1963 of 
22
        such offense or of the attempted commission of such 
23
        offense; or


24
            (f) is the subject of a finding not resulting in an 
25
        acquittal at a
hearing conducted pursuant to a federal, 
26
        Uniform Code of Military Justice,
sister state, or 
27
        foreign country law
substantially similar to Section 
28
        104-25(a) of the Code of Criminal Procedure
of 1963 for 
29
        the alleged violation or attempted commission of such 
30
        offense;
or


31
        (2) certified as a sexually dangerous person pursuant 
32
    to the Illinois
Sexually Dangerous Persons Act, or any 
33
    substantially similar federal, Uniform
Code of Military 
34
    Justice, sister
state, or foreign country law; or


35
        (3) subject to the provisions of Section 2 of the 
36
    Interstate
Agreements on Sexually Dangerous Persons Act; 
 


 






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    or


2
        (4) found to be a sexually violent person pursuant to 
3
    the Sexually
Violent Persons Commitment Act or any 
4
    substantially similar federal, Uniform
Code of Military 
5
    Justice, sister
state, or foreign country law; or


6
        (5) adjudicated a juvenile delinquent as the result of 
7
    committing or
attempting to commit an act which, if 
8
    committed by an adult, would constitute
any of the offenses 
9
    specified in item (B), (C), or (C-5) of this Section or a

10
    violation of any substantially similar federal, Uniform 
11
    Code of Military
Justice, sister state, or foreign
country 
12
    law, or found guilty under Article V of the Juvenile Court 
13
    Act of 1987
of committing or attempting to commit an act 
14
    which, if committed by an adult,
would constitute any of 
15
    the offenses specified in item (B), (C), or (C-5) of
this 
16
    Section or a violation of any substantially similar 
17
    federal, Uniform Code
of Military Justice, sister state,
or 
18
    foreign country law.

19
    Convictions that result from or are connected with the same 
20
act, or result
from offenses committed at the same time, shall 
21
be counted for the purpose of
this Article as one conviction.  
22
Any conviction set aside pursuant to law is
not a conviction 
23
for purposes of this Article.

24
    
For purposes of this Section, "convicted" shall have the 
25
same meaning as
"adjudicated". For the purposes of this 
26
Article, a person who is defined as a sex offender as a result 
27
of being adjudicated a juvenile delinquent under paragraph  (5) 
28
of this subsection (A) upon attaining 17 years of age shall be 
29
considered as having committed the sex offense  on or after the 
30
sex offender's 17th birthday. Registration of juveniles upon 
31
attaining 17 years of age shall not extend the original 
32
registration of 10 years from the date of conviction.

33
    (B) As used in this Article, "sex offense" means:


34
        (1) A violation of any of the following Sections of the 
35
    Criminal Code of
1961:


36
            11-20.1 (child pornography),


 


 






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            11-6 (indecent solicitation of a child),


2
            11-9.1 (sexual exploitation of a child),

3
            11-9.2 (custodial sexual misconduct),

4
            11-9.5 (sexual misconduct with a person with a 
5
        disability),


6
            11-15.1 (soliciting for a juvenile prostitute),


7
            11-18.1 (patronizing a juvenile prostitute),


8
            11-17.1 (keeping a place of juvenile 
9
        prostitution),


10
            11-19.1 (juvenile pimping),


11
            11-19.2 (exploitation of a child), 


12
            12-13 (criminal sexual assault), 


13
            12-14 (aggravated criminal sexual assault),


14
            12-14.1 (predatory criminal sexual assault of a 
15
        child),


16
            12-15 (criminal sexual abuse),


17
            12-16 (aggravated criminal sexual abuse),


18
            12-33 (ritualized abuse of a child).


19
            An attempt to commit any of these offenses.


20
        (1.5) A violation of any of the following Sections of 
21
    the
Criminal Code of 1961, when the victim is a person 
22
    under 18 years of age, the
defendant is not a parent of the 
23
    victim, and the offense was committed on or
after January 
24
    1, 1996:


25
            10-1 (kidnapping),


26
            10-2 (aggravated kidnapping),


27
            10-3 (unlawful restraint),


28
            10-3.1 (aggravated unlawful restraint).


29
            An attempt to commit any of these offenses.


30
        (1.6) First degree murder under Section 9-1 of the 
31
    Criminal Code of 1961,
when the victim was a person under 
32
    18 years of age and the defendant was at least
17 years of 
33
    age at the time of the commission of the offense.


34
        (1.7) (Blank).


35
        (1.8) A violation or attempted violation of Section 
36
    11-11 (sexual
relations within families) of the Criminal 
 


 






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    Code of 1961, and the offense was committed on or after

2
    June 1, 1997.


3
        (1.9)   Child abduction under paragraph (10) of 
4
    subsection
(b) of Section 10-5 of the Criminal Code of 1961 
5
    committed by luring or
attempting to lure a child under the 
6
    age of 16 into a motor vehicle, building,
house trailer, or 
7
    dwelling place without the consent of the parent or lawful

8
    custodian of the child for other than a lawful purpose and 
9
    the offense was
committed on or after January 1, 1998.


10
        (1.10) A violation or attempted violation of any of the 
11
    following Sections
of the Criminal Code of 1961 when the 
12
    offense was committed on or after July
1, 1999:


13
            10-4 (forcible detention, if the victim is under 18 
14
        years of age),


15
            11-6.5 (indecent solicitation of an adult),


16
            11-15 (soliciting for a prostitute, if the victim 
17
        is under 18 years
of age),


18
            11-16 (pandering, if the victim is under 18 years 
19
        of age),


20
            11-18 (patronizing a prostitute, if the victim is 
21
        under 18 years
of age),


22
            11-19 (pimping, if the victim is under 18 years of 
23
        age).


24
        (1.11) A violation or attempted violation of any of the 
25
    following
Sections of the Criminal Code of 1961 when the 
26
    offense was committed on or
after August 22, 2002:


27
            11-9 (public indecency for a third or subsequent 
28
        conviction).


29
        (1.12) A violation or attempted violation of Section

30
    5.1 of the Wrongs to Children Act (permitting sexual abuse) 
31
    when the
offense was committed on or after August 22, 2002.


32
        (2) A violation of any former law of this State 
33
    substantially equivalent
to any offense listed in 
34
    subsection (B) of this Section.

35
    (C) A conviction for an offense of federal law, Uniform 
36
Code of Military
Justice, or the law of another state
or a 
 


 






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foreign country that is substantially equivalent to any offense 
2
listed
in subsections (B), (C), and (E) of this Section shall

3
constitute a
conviction for the purpose
of this Article.  A 
4
finding or adjudication as a sexually dangerous person
or a 
5
sexually violent person under any federal law, Uniform Code of 
6
Military
Justice, or the law of another state or
foreign 
7
country that is substantially equivalent to the Sexually 
8
Dangerous
Persons Act or the Sexually Violent Persons 
9
Commitment Act shall constitute an
adjudication for the 
10
purposes of this Article.

11
    (C-5) A person at least 17 years of age at the time of the 
12
commission of
the offense who is convicted of first degree 
13
murder under Section 9-1 of the
Criminal Code of 1961, against 
14
a person
under 18 years of age, shall be required to register

15
for natural life.
A conviction for an offense of federal, 
16
Uniform Code of Military Justice,
sister state, or foreign 
17
country law that is substantially equivalent to any
offense 
18
listed in subsection (C-5) of this Section shall constitute a

19
conviction for the purpose of this Article. This subsection 
20
(C-5) applies to a person who committed the offense before June 
21
1, 1996 only if the person is incarcerated in an Illinois 
22
Department of Corrections facility on August 20, 2004 (the 
23
effective date of Public Act 93-977).

24
    (D) As used in this Article, "law enforcement agency having 
25
jurisdiction"
means the Chief of Police in each of the 
26
municipalities in which the sex offender
expects to reside, 
27
work, or attend school (1) upon his or her discharge,
parole or 
28
release or
(2) during the service of his or her sentence of 
29
probation or conditional
discharge, or the Sheriff of the 
30
county, in the event no Police Chief exists
or if the offender 
31
intends to reside, work, or attend school in an
unincorporated 
32
area.
"Law enforcement agency having jurisdiction" includes 
33
the location where
out-of-state students attend school and 
34
where out-of-state employees are
employed or are otherwise 
35
required to register.

36
    (D-1) As used in this Article, "supervising officer" means 
 


 






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the assigned Illinois Department of Corrections parole agent or 
2
county probation officer. 
3
    (E) As used in this Article, "sexual predator" means any 
4
person who,
after July 1, 1999, is:


5
        (1) Convicted for an offense of federal, Uniform Code 
6
    of Military
Justice, sister state, or foreign country law 
7
    that is substantially equivalent
to any offense listed in 
8
    subsection (E) of this Section shall constitute a

9
    conviction for the purpose of this Article.
Convicted of a 
10
    violation or attempted violation of any of the following

11
    Sections of the
Criminal Code of 1961, if the conviction 
12
    occurred after July
1, 1999:


13
            11-17.1 (keeping a place of juvenile 
14
        prostitution),


15
            11-19.1 (juvenile pimping),


16
            11-19.2 (exploitation of a child),


17
            11-20.1 (child pornography),


18
            12-13 (criminal sexual assault),


19
            12-14 (aggravated criminal sexual assault),


20
            12-14.1 (predatory criminal sexual assault of a 
21
        child),


22
            12-16 (aggravated criminal sexual abuse),


23
            12-33 (ritualized abuse of a child); or


24
        (2) convicted of first degree murder under Section 9-1 
25
    of the Criminal
Code of 1961, when the victim was a person 
26
    under 18 years of age and the
defendant was at least 17 
27
    years of age at the time of the commission of the
offense; 
28
    or


29
        (3) certified as a sexually dangerous person pursuant 
30
    to the Sexually
Dangerous Persons Act or any substantially 
31
    similar federal, Uniform Code of
Military Justice, sister 
32
    state, or
foreign country law; or


33
        (4) found to be a sexually violent person pursuant to 
34
    the Sexually Violent
Persons Commitment Act or any 
35
    substantially similar federal, Uniform Code of
Military 
36
    Justice, sister state, or
foreign country law; or


 


 






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        (5) convicted of a second or subsequent offense which 
2
    requires
registration pursuant to this Act.  The conviction 
3
    for the second or subsequent
offense must have occurred 
4
    after July 1, 1999.  For purposes of this paragraph
(5), 
5
    "convicted" shall include a conviction under any

6
    substantially similar
Illinois, federal, Uniform Code of 
7
    Military Justice, sister state, or
foreign country law.

8
    (F) As used in this Article, "out-of-state student" means 
9
any sex
offender, as defined in this Section,
or sexual 
10
predator who is enrolled in Illinois, on a full-time or 
11
part-time
basis, in any public or private educational 
12
institution, including, but not
limited to, any secondary 
13
school, trade or professional institution, or
institution of 
14
higher learning.

15
    (G) As used in this Article, "out-of-state employee" means 
16
any sex
offender, as defined in this Section,
or sexual 
17
predator who works in Illinois, regardless of whether the 
18
individual
receives payment for services performed, for a 
19
period of time of 10 or more days
or for an aggregate period of 
20
time of 30 or more days
during any calendar year.
Persons who 
21
operate motor vehicles in the State accrue one day of 
22
employment
time for any portion of a day spent in Illinois.

23
    (H) As used in this Article, "school" means any public or 
24
private educational institution, including, but not limited 
25
to, any elementary or secondary school, trade or professional 
26
institution, or institution of higher education.
27
    (I) As used in this Article, "fixed residence" means any 
28
and all places that a sex offender resides for an aggregate 
29
period of time of 5 or more days in a calendar year.

30
(Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; 
31
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)

 

32
    Section 99. Effective date. This Act takes effect upon 
33
becoming law.