HB3801sam002 94TH GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 5/13/2005

09400HB3801sam002 LRB094 03494 RAS 46628 a

AMENDMENT TO HOUSE BILL 3801

AMENDMENT NO. ______. Amend House Bill 3801, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Medical School Applicant Criminal Background Check Act.

Section 5. Definitions. In this Act:

"Forcible felony" has the meaning given to that term in the Criminal Code of 1961.

"Matriculant" means an individual who is admitted as a student to a medical school located in Illinois.

"Sex offender" has the meaning given to that term in the Sex Offender Registration Act.

Section 10. Criminal background check for matriculants. A medical school located in Illinois may require a criminal background check for forcible felony convictions and any adjudication of a matriculant as a sex offender conducted by the Department of State Police and the Federal Bureau of Investigation as part of the medical school admissions application process. A medical school may forward the name, sex, race, date of birth, social security number, and fingerprints of each of its matriculants to the Department of State Police to be searched against the Illinois criminal history records database and the Statewide Sex Offender Database in the form and manner prescribed by the Department of State Police. If the medical school so requires, each matriculant shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall furnish, pursuant to positive identification, records of an applicant's forcible felony convictions and any record of an applicant's adjudication as a sex offender to the medical school that requested the criminal background check.

Section 15. Fees. The Department of State Police shall charge each requesting medical school a fee for conducting the criminal background check, which shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. Each requesting medical school is solely responsible for payment of this fee to the Department of State Police. Each medical school may impose its own fee upon a matriculant for admission to cover the cost of the criminal background check at the time the matriculant submits to the criminal background check.

Section 20. Admissions decision. The information collected as a result of the criminal background check may be considered by the requesting medical school in determining whether or not to admit the matriculant. A forcible felony conviction or an adjudication as a sex offender may preclude a matriculant from gaining admission to a medical school located in Illinois.

Section 25. Civil immunity. No medical school acting under the provisions of this Act shall be civilly liable to any matriculant for any decision made pursuant to this Act.

Section 90. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-327 as follows:

(20 ILCS 2605/2605-327 new)

Sec. 2605-327. Conviction and sex offender information for medical school. Upon the request of a medical school under the Medical School Applicant Criminal Background Check Act, to ascertain whether a matriculant of the medical school has been convicted of any forcible felony or has been adjudicated a sex offender. The Department shall furnish this information to the medical school that requested the information.

The Department shall conduct a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records databases on matriculants who are required to submit their fingerprints. The Department may charge the requesting medical school a fee for conducting the fingerprint-based criminal history records check. The fee shall not exceed the cost of the inquiry and shall be deposited into the State Police Services Fund.

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