Illinois General Assembly - Full Text of HB3801
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Full Text of HB3801  94th General Assembly

HB3801ccr001 94TH GENERAL ASSEMBLY 



 

 		







HB3801CCR001

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94TH GENERAL ASSEMBLY


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FIRST CONFERENCE COMMITTEE REPORT


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ON HOUSE BILL 3801


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    To the President of the Senate and the Speaker of the House 
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of
Representatives:

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    We, the conference committee appointed to consider the 
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differences between the houses in relation to Senate Amendments 
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Nos. 1 and 2 to House Bill 3801, recommend the following:

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    (1) that the Senate recede from Senate Amendments Nos. 1 
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and 2; and
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    (2) that House Bill 3801 be amended as follows:
 
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by replacing everything after the enacting clause with the 
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following:
 
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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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    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 the Statewide Sex Offender Database and the 
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fingerprint records
now and hereafter filed in the Department 
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of State Police and
Federal Bureau of Investigation criminal 
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history records
databases. The fingerprints of each 
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matriculant must be submitted in the form and manner  prescribed 
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by the Department of State Police. The Department of State 
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Police shall furnish,
pursuant to positive identification, 
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records of a matriculant's
violent felony convictions and any 
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record of a matriculant's
adjudication as a sex offender to the 
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medical school that
requested the criminal history records 
 


 






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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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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

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Civil Administrative Code of Illinois is amended  by adding 
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Section 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 
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the requesting medical school a fee for conducting the 
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fingerprint-based criminal history records check.  The fee 
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shall not exceed the cost of the inquiry and shall be deposited 
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into the State Police Services Fund.
 

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


 


 


 






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    Submitted on November 3, 2005.
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/s/ Jacqueline Y. Collins


/s/ Robin Kelly


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Senator CollinsRepresentative Kelly
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/s/ John J. Cullerton


/s/ Deborah L. Graham


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Senator CullertonRepresentative Graham
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/s/ Kwame Raoul


/s/ Barbara Flynn Currie


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Senator RaoulRepresentative Currie
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/s/ Edward Petka


/s/ Brent Hassert


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Senator PetkaRepresentative Hassert
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/s/ Kirk W. Dillard


/s/ Patricia Reid Lindner


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Senator DillardRepresentative Lindner
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Committee for the SenateCommittee for the House













  

    

      

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