Full Text of HB3801 94th General Assembly
HB3801eng 94TH GENERAL ASSEMBLY
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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 | 5 |
| Medical School Applicant Criminal Background Check Act. | 6 |
| Section 5. "Sex offender" means any person: | 7 |
| (1) who is charged pursuant to Illinois law, or any | 8 |
| substantially similar federal, Uniform Code of Military | 9 |
| Justice, sister state, or foreign country law, with any of | 10 |
| the following sex offenses set forth in the Criminal Code | 11 |
| of 1961: | 12 |
| (A) indecent solicitation of a child;
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| (B) sexual exploitation of a child;
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| (C) custodial sexual misconduct;
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| (D) prostitution;
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| (E) soliciting for a juvenile prostitute;
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| (F) keeping a place of prostitution;
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| (G) keeping a place of juvenile prostitution; | 19 |
| (H) patronizing a juvenile prostitute;
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| (I) pimping; | 21 |
| (J)
juvenile pimping; | 22 |
| (K) aggravated juvenile pimping;
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| (L) exploitation of a child;
or | 24 |
| (M) child pornography;
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| and who is: | 26 |
| (A) convicted of such offense or an attempt to | 27 |
| commit such offense; | 28 |
| (B) found not guilty by reason of insanity of such | 29 |
| offense or an attempt to commit such offense; | 30 |
| (C) found not guilty by reason of insanity pursuant | 31 |
| to subsection (c) of Section 104-25 of the Code of | 32 |
| Criminal Procedure of 1963 of such offense or an |
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| attempt to commit such offense; | 2 |
| (D) the subject of a finding not resulting in an | 3 |
| acquittal at a hearing conducted pursuant to | 4 |
| subsection (a) of Section 104-25 of the Code of | 5 |
| Criminal Procedure of 1963 for the alleged commission | 6 |
| or attempted commission of such offense; | 7 |
| (E) found not guilty by reason of insanity | 8 |
| following a hearing conducted pursuant to a federal, | 9 |
| Uniform Code of Military Justice, sister state, or | 10 |
| foreign country law substantially similar to | 11 |
| subsection (c) of Section 104-25 of the Code of | 12 |
| Criminal Procedure of 1963 of such offense or of the | 13 |
| attempted commission of such offense; or | 14 |
| (F) the subject of a finding not resulting in an | 15 |
| acquittal at a hearing conducted pursuant to a federal, | 16 |
| Uniform Code of Military Justice, sister state, or | 17 |
| foreign country law substantially similar to | 18 |
| subsection (a) of Section 104-25 of the Code of | 19 |
| Criminal Procedure of 1963 for the alleged violation or | 20 |
| attempted commission of such offense; | 21 |
| (2) who is certified as a sexually dangerous person | 22 |
| pursuant to the Sexually Dangerous Persons Act or any | 23 |
| substantially similar federal, Uniform Code of Military | 24 |
| Justice, sister state, or foreign country law; | 25 |
| (3) who is subject to the provisions of Section 2 of | 26 |
| the Interstate Agreements on Sexually Dangerous Persons | 27 |
| Act; | 28 |
| (4) who is found to be a sexually violent person | 29 |
| pursuant to the Sexually Violent Persons Commitment Act or | 30 |
| any substantially similar federal, Uniform Code of | 31 |
| Military Justice, sister state, or foreign country law; or | 32 |
| (5) who is adjudicated a juvenile delinquent as the | 33 |
| result of committing or attempting to commit an act that, | 34 |
| if committed by an adult, would constitute any of the sex | 35 |
| offenses set forth in subdivision (1) of this Section or a | 36 |
| violation of any substantially similar federal, Uniform |
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| Code of Military Justice, sister state, or foreign country | 2 |
| law or found guilty under Article V of the Juvenile Court | 3 |
| Act of 1987 of committing or attempting to commit an act | 4 |
| that, if committed by an adult, would constitute any of the | 5 |
| offenses set forth in subdivision (1) of this Section or a | 6 |
| violation of any substantially similar federal, Uniform | 7 |
| Code of Military Justice, sister state, or foreign country | 8 |
| law. | 9 |
| Any conviction set aside pursuant to law is not a | 10 |
| conviction for purposes of this definition. | 11 |
| "Violent felony" means
any of the following offenses, as | 12 |
| defined by the Criminal Code of 1961: | 13 |
| (1) First degree murder. | 14 |
| (2) Second degree murder. | 15 |
| (3) Aggravated arson. | 16 |
| (4) Aggravated kidnapping. | 17 |
| (5) Aggravated battery resulting in great bodily harm | 18 |
| or permanent disability or disfigurement. | 19 |
| Section 10. Criminal background check for applicants. An | 20 |
| applicant for admission to a medical school located in Illinois | 21 |
| must submit to, and each medical school located in Illinois | 22 |
| must require, a criminal background check for violent felony | 23 |
| convictions and any adjudication of an applicant as a sex | 24 |
| offender conducted by the Department of State Police and the | 25 |
| Federal Bureau of Investigation as part of the medical school | 26 |
| admissions application process. A medical school shall forward | 27 |
| the name, sex, race, date of birth, and social security number | 28 |
| of each of its applicants to the Department of State Police to | 29 |
| be searched against the Illinois criminal history records | 30 |
| database and the Statewide Sex Offender Database in the form | 31 |
| and manner prescribed by the Department of State Police. If a | 32 |
| search of the Illinois criminal history records database and | 33 |
| the Statewide Sex Offender Database indicates that the | 34 |
| applicant has a conviction record or has been adjudicated a sex | 35 |
| offender, a fingerprint-based criminal history records check |
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| shall be required. Each applicant requiring a | 2 |
| fingerprint-based search shall submit his or her fingerprints | 3 |
| to the Department of State Police in the form and manner | 4 |
| prescribed by the Department of State Police. These | 5 |
| fingerprints shall be checked against the fingerprint records | 6 |
| now and hereafter filed in the Department of State Police and | 7 |
| Federal Bureau of Investigation criminal history records | 8 |
| databases. The Department of State Police shall furnish, | 9 |
| pursuant to positive identification, records of an applicant's | 10 |
| violent felony convictions and any record of an applicant's | 11 |
| adjudication as a sex offender to the medical school that | 12 |
| requested the criminal background check.
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| Section 15. Fees. The Department of State Police shall | 14 |
| charge each requesting medical school a fee for conducting the | 15 |
| criminal background check, which shall be deposited in the | 16 |
| State Police Services Fund and shall not exceed the cost of the | 17 |
| inquiry. Each requesting medical school is solely responsible | 18 |
| for payment of this fee to the Department of State Police. Each | 19 |
| medical school may impose its own fee upon an applicant for | 20 |
| admission to cover the cost of the criminal background check at | 21 |
| the time the applicant submits to the criminal background | 22 |
| check. | 23 |
| Section 20. Admissions decision. The information collected | 24 |
| as a result of the criminal background check shall be | 25 |
| considered by the requesting medical school in determining | 26 |
| whether or not to admit the applicant. A violent felony | 27 |
| conviction shall not preclude an applicant from gaining | 28 |
| admission to any medical school located in Illinois.
However, | 29 |
| an applicant who has been adjudicated a sex offender shall be | 30 |
| precluded from gaining admission to any medical school located | 31 |
| in Illinois. | 32 |
| Section 90. The Department of State Police Law of the
Civil | 33 |
| Administrative Code of Illinois is amended by adding Section |
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| 2605-327 as follows: | 2 |
| (20 ILCS 2605/2605-327 new)
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| Sec. 2605-327. Conviction and sex offender information for | 4 |
| medical school. Upon the request of a medical school under the | 5 |
| Medical School Applicant Criminal Background Check Act, to | 6 |
| ascertain whether an applicant for admission has been convicted | 7 |
| of any violent felony or has been adjudicated a sex offender. | 8 |
| The Department shall furnish this information to the medical | 9 |
| school that requested the information.
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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