Public Act 094-1053
Public Act 1053 94TH GENERAL ASSEMBLY
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Public Act 094-1053
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| SB3018 Enrolled |
LRB094 15525 RLC 50724 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 3. The Health Care Worker Background Check Act is | amended by changing Section 25 as follows:
| (225 ILCS 46/25)
| Sec. 25. Persons ineligible to be hired by health care | employers and long-term care facilities.
| (a) After January 1, 1996, or January 1, 1997, or the | effective date of this amendatory Act of the 94th General | Assembly, as applicable, no
health care employer shall | knowingly hire, employ, or retain any
individual in a position | with duties involving direct care for clients,
patients, or | residents, and no long-term care facility shall knowingly hire, | employ, or retain any individual in a position with duties that | involve or may involve contact with residents or access to the | living quarters or the financial, medical, or personal records | of residents, who has been convicted of committing or | attempting to
commit one or more of the offenses defined in | Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, | 9-3.2, 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.1,
| 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, | 12-4.7, 12-7.4,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, | 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3,
16A-3, 17-3, | 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
| 24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961; | those provided in
Section 4 of the Wrongs to Children Act; | those provided in Section 53 of the
Criminal Jurisprudence Act; | those defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis | Control Act; those defined in the Methamphetamine Control and | Community Protection Act; or those defined in Sections 401, |
| 401.1, 404, 405,
405.1, 407, or 407.1 of the Illinois | Controlled Substances Act, unless the
applicant or employee | obtains a waiver pursuant to Section 40.
| (a-1) After January 1, 2004, no health care employer shall | knowingly hire
any individual in a position with duties | involving direct care for clients,
patients, or residents, and | no long-term care facility shall knowingly hire any individual | in a position with duties that involve or may involve contact | with residents or access to the living quarters or the | financial, medical, or personal records of residents, who has | (i) been convicted of committing or attempting
to commit one or | more of the offenses defined in Section 12-3.3, 12-4.2-5,
16-2, | 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, | 24-3.2, or 24-3.3
of the Criminal Code of 1961; Section 4, 5, | 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; | or Section 5.1 of the Wrongs to Children Act;
or (ii) violated | Section 10-5 of the Nursing and Advanced Practice Nursing Act.
| A UCIA criminal history record check need not be redone for | health care
employees who have been continuously employed by a | health care employer since
January 1, 2004, but nothing in this | Section prohibits a health care employer
from initiating a | criminal history check for these employees.
| A health care employer is not required to retain an | individual in a position
with duties involving direct care for | clients, patients, or residents, and no long-term care facility | is required to retain an individual in a position with duties | that involve or may involve contact with residents or access to | the living quarters or the financial, medical, or personal | records of residents, who has
been convicted of committing or | attempting to commit one or more of
the offenses enumerated in | this subsection.
| (b) A health care employer shall not hire, employ, or | retain any
individual in a position with duties involving | direct care of clients,
patients, or residents, and no | long-term care facility shall knowingly hire, employ, or retain | any individual in a position with duties that involve or may |
| involve contact with residents or access to the living quarters | or the financial, medical, or personal records of residents, if | the health care employer becomes aware that the
individual has | been convicted in another state of committing or attempting to
| commit an offense that has the same or similar elements as an | offense listed in
subsection (a) or (a-1), as verified by court | records, records from a state
agency, or an FBI criminal | history record check. This shall not be construed to
mean that | a health care employer has an obligation to conduct a criminal
| history records check in other states in which an employee has | resided.
| (Source: P.A. 93-224, eff. 7-18-03; 94-556, eff. 9-11-05; | 94-665, eff. 1-1-06; revised 8-29-05.)
| Section 5. The Criminal Code of 1961 is amended by adding | Section 11-9.5 as follows:
| (720 ILCS 5/11-9.5 new) | Sec. 11-9.5. Sexual misconduct with a person with a | disability. | (a) Definitions. As used in this Section: | (1) "Person with a disability" means: | (i) a person diagnosed with a developmental | disability as defined in Section 1-106 of the Mental | Health and Developmental Disabilities Code; or | (ii) a person diagnosed with a mental illness as | defined in Section 1-129 of the Mental Health and | Developmental Disabilities Code. | (2) "State-operated facility" means: | (i) a developmental disability facility as defined | in the Mental Health and Developmental Disabilities | Code;
or | (ii) a mental health facility as defined in the | Mental Health and Developmental Disabilities Code. | (3) "Community agency" or "agency" means any community | entity or program providing residential mental health or |
| developmental disabilities services that is licensed, | certified, or funded by the Department of Human Services | and not licensed or certified by any other human service | agency of the State such as the Departments of Public | Health, Healthcare and Family Services, and Children and | Family Services. | (4) "Care and custody" means admission to a | State-operated facility. | (5) "Employee" means: | (i) any person employed by the Illinois Department | of Human Services; | (ii) any person employed by a community agency | providing services at the direction of the owner or | operator of the agency on or off site;
or | (iii) any person who is a contractual employee or | contractual agent of the Department of Human Services | or the community agency. This includes but is not | limited to payroll personnel, contractors, | subcontractors, and volunteers. | (6) "Sexual conduct" or "sexual penetration" means any | act of sexual conduct or sexual penetration as defined in | Section 12-12 of this Code.
| (b) A person commits the offense of sexual misconduct with | a person with a disability when: | (1) he or she is an employee and knowingly engages in | sexual conduct or sexual penetration with a person with a | disability who is under the care and custody of the | Department of Human Services at a State-operated facility; | or | (2) he or she is an employee of a community agency | funded by the Department of Human Services and knowingly | engages in sexual conduct or sexual penetration with a | person with a disability who is in a residential program | operated or supervised by a community agency. | (c) For purposes of this Section, the consent of a person | with a disability in custody of the Department of Human |
| Services residing at a State-operated facility or receiving | services from a community agency shall not be a defense to a | prosecution under this Section. A person is deemed incapable of | consent, for purposes of this Section, when he or she is a | person with a disability and is receiving services at a | State-operated facility or is a person with a disability who is | in a residential program operated or supervised by a community | agency. | (d) This Section does not apply to: | (1) any State employee or any community agency employee | who is lawfully married to a person with a disability in | custody of the Department of Human Services or receiving | services from a community agency if the marriage occurred | before the date of custody or the initiation of services at | a community agency; or | (2) any State employee or community agency employee who | has no knowledge, and would have no reason to believe, that | the person with whom he or she engaged in sexual misconduct | was a person with a disability in custody of the Department | of Human Services or was receiving services from a | community agency. | (e) Sentence. Sexual misconduct with a person with a | disability is a Class 3 felony. | (f) Any person convicted of violating this Section shall | immediately forfeit his or her employment with the State or the | community agency.
| Section 10. The Sex Offender Registration Act is amended by | changing Section 2 as follows:
| (730 ILCS 150/2) (from Ch. 38, par. 222)
| Sec. 2. Definitions.
| (A) As used in this Article, "sex offender" means any | person who is:
| (1) charged pursuant to Illinois law, or any | substantially similar
federal, Uniform Code of Military |
| Justice, sister state, or foreign country
law,
with a sex | offense set forth
in subsection (B) of this Section or the | attempt to commit an included sex
offense, and:
| (a) is convicted of such offense or an attempt to | commit such offense;
or
| (b) is found not guilty by reason of insanity of | such offense or an
attempt to commit such offense; or
| (c) is found not guilty by reason of insanity | pursuant to Section
104-25(c) of the Code of Criminal | Procedure of 1963 of such offense or an
attempt to | commit such offense; or
| (d) is the subject of a finding not resulting in an | acquittal at a
hearing conducted pursuant to Section | 104-25(a) of the Code of Criminal
Procedure of 1963 for | the alleged commission or attempted commission of such
| offense; or
| (e) is found not guilty by reason of insanity | following a hearing
conducted pursuant to a federal, | Uniform Code of Military Justice, sister
state, or | foreign country law
substantially similar to Section | 104-25(c) of the Code of Criminal Procedure
of 1963 of | such offense or of the attempted commission of such | offense; or
| (f) is the subject of a finding not resulting in an | acquittal at a
hearing conducted pursuant to a federal, | Uniform Code of Military Justice,
sister state, or | foreign country law
substantially similar to Section | 104-25(a) of the Code of Criminal Procedure
of 1963 for | the alleged violation or attempted commission of such | offense;
or
| (2) certified as a sexually dangerous person pursuant | to the Illinois
Sexually Dangerous Persons Act, or any | substantially similar federal, Uniform
Code of Military | Justice, sister
state, or foreign country law; or
| (3) subject to the provisions of Section 2 of the | Interstate
Agreements on Sexually Dangerous Persons Act; |
| or
| (4) found to be a sexually violent person pursuant to | the Sexually
Violent Persons Commitment Act or any | substantially similar federal, Uniform
Code of Military | Justice, sister
state, or foreign country law; or
| (5) adjudicated a juvenile delinquent as the result of | committing or
attempting to commit an act which, if | committed by an adult, would constitute
any of the offenses | specified in item (B), (C), or (C-5) of this Section or a
| violation of any substantially similar federal, Uniform | Code of Military
Justice, sister state, or foreign
country | law, or found guilty under Article V of the Juvenile Court | Act of 1987
of committing or attempting to commit an act | which, if committed by an adult,
would constitute any of | the offenses specified in item (B), (C), or (C-5) of
this | Section or a violation of any substantially similar | federal, Uniform Code
of Military Justice, sister state,
or | foreign country law.
| Convictions that result from or are connected with the same | act, or result
from offenses committed at the same time, shall | be counted for the purpose of
this Article as one conviction. | Any conviction set aside pursuant to law is
not a conviction | for purposes of this Article.
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For purposes of this Section, "convicted" shall have the | same meaning as
"adjudicated". For the purposes of this | Article, a person who is defined as a sex offender as a result | of being adjudicated a juvenile delinquent under paragraph (5) | of this subsection (A) upon attaining 17 years of age shall be | considered as having committed the sex offense on or after the | sex offender's 17th birthday. Registration of juveniles upon | attaining 17 years of age shall not extend the original | registration of 10 years from the date of conviction.
| (B) As used in this Article, "sex offense" means:
| (1) A violation of any of the following Sections of the | Criminal Code of
1961:
| 11-20.1 (child pornography),
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| 11-6 (indecent solicitation of a child),
| 11-9.1 (sexual exploitation of a child),
| 11-9.2 (custodial sexual misconduct),
| 11-9.5 (sexual misconduct with a person with a | disability),
| 11-15.1 (soliciting for a juvenile prostitute),
| 11-18.1 (patronizing a juvenile prostitute),
| 11-17.1 (keeping a place of juvenile | prostitution),
| 11-19.1 (juvenile pimping),
| 11-19.2 (exploitation of a child),
| 12-13 (criminal sexual assault),
| 12-14 (aggravated criminal sexual assault),
| 12-14.1 (predatory criminal sexual assault of a | child),
| 12-15 (criminal sexual abuse),
| 12-16 (aggravated criminal sexual abuse),
| 12-33 (ritualized abuse of a child).
| An attempt to commit any of these offenses.
| (1.5) A violation of any of the following Sections of | the
Criminal Code of 1961, when the victim is a person | under 18 years of age, the
defendant is not a parent of the | victim, and the offense was committed on or
after January | 1, 1996:
| 10-1 (kidnapping),
| 10-2 (aggravated kidnapping),
| 10-3 (unlawful restraint),
| 10-3.1 (aggravated unlawful restraint).
| An attempt to commit any of these offenses.
| (1.6) First degree murder under Section 9-1 of the | Criminal Code of 1961,
when the victim was a person under | 18 years of age and the defendant was at least
17 years of | age at the time of the commission of the offense.
| (1.7) (Blank).
| (1.8) A violation or attempted violation of Section | 11-11 (sexual
relations within families) of the Criminal |
| Code of 1961, and the offense was committed on or after
| June 1, 1997.
| (1.9) Child abduction under paragraph (10) of | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | committed by luring or
attempting to lure a child under the | age of 16 into a motor vehicle, building,
house trailer, or | dwelling place without the consent of the parent or lawful
| custodian of the child for other than a lawful purpose and | the offense was
committed on or after January 1, 1998.
| (1.10) A violation or attempted violation of any of the | following Sections
of the Criminal Code of 1961 when the | offense was committed on or after July
1, 1999:
| 10-4 (forcible detention, if the victim is under 18 | years of age),
| 11-6.5 (indecent solicitation of an adult),
| 11-15 (soliciting for a prostitute, if the victim | is under 18 years
of age),
| 11-16 (pandering, if the victim is under 18 years | of age),
| 11-18 (patronizing a prostitute, if the victim is | under 18 years
of age),
| 11-19 (pimping, if the victim is under 18 years of | age).
| (1.11) A violation or attempted violation of any of the | following
Sections of the Criminal Code of 1961 when the | offense was committed on or
after August 22, 2002:
| 11-9 (public indecency for a third or subsequent | conviction).
| (1.12) A violation or attempted violation of Section
| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | when the
offense was committed on or after August 22, 2002.
| (2) A violation of any former law of this State | substantially equivalent
to any offense listed in | subsection (B) of this Section.
| (C) A conviction for an offense of federal law, Uniform | Code of Military
Justice, or the law of another state
or a |
| foreign country that is substantially equivalent to any offense | listed
in subsections (B), (C), and (E) of this Section shall
| constitute a
conviction for the purpose
of this Article. A | finding or adjudication as a sexually dangerous person
or a | sexually violent person under any federal law, Uniform Code of | Military
Justice, or the law of another state or
foreign | country that is substantially equivalent to the Sexually | Dangerous
Persons Act or the Sexually Violent Persons | Commitment Act shall constitute an
adjudication for the | purposes of this Article.
| (C-5) A person at least 17 years of age at the time of the | commission of
the offense who is convicted of first degree | murder under Section 9-1 of the
Criminal Code of 1961, against | a person
under 18 years of age, shall be required to register
| for natural life.
A conviction for an offense of federal, | Uniform Code of Military Justice,
sister state, or foreign | country law that is substantially equivalent to any
offense | listed in subsection (C-5) of this Section shall constitute a
| conviction for the purpose of this Article. This subsection | (C-5) applies to a person who committed the offense before June | 1, 1996 only if the person is incarcerated in an Illinois | Department of Corrections facility on August 20, 2004 (the | effective date of Public Act 93-977).
| (D) As used in this Article, "law enforcement agency having | jurisdiction"
means the Chief of Police in each of the | municipalities in which the sex offender
expects to reside, | work, or attend school (1) upon his or her discharge,
parole or | release or
(2) during the service of his or her sentence of | probation or conditional
discharge, or the Sheriff of the | county, in the event no Police Chief exists
or if the offender | intends to reside, work, or attend school in an
unincorporated | area.
"Law enforcement agency having jurisdiction" includes | the location where
out-of-state students attend school and | where out-of-state employees are
employed or are otherwise | required to register.
| (D-1) As used in this Article, "supervising officer" means |
| the assigned Illinois Department of Corrections parole agent or | county probation officer. | (E) As used in this Article, "sexual predator" means any | person who,
after July 1, 1999, is:
| (1) Convicted for an offense of federal, Uniform Code | of Military
Justice, sister state, or foreign country law | that is substantially equivalent
to any offense listed in | subsection (E) of this Section shall constitute a
| conviction for the purpose of this Article.
Convicted of a | violation or attempted violation of any of the following
| Sections of the
Criminal Code of 1961, if the conviction | occurred after July
1, 1999:
| 11-17.1 (keeping a place of juvenile | prostitution),
| 11-19.1 (juvenile pimping),
| 11-19.2 (exploitation of a child),
| 11-20.1 (child pornography),
| 12-13 (criminal sexual assault),
| 12-14 (aggravated criminal sexual assault),
| 12-14.1 (predatory criminal sexual assault of a | child),
| 12-16 (aggravated criminal sexual abuse),
| 12-33 (ritualized abuse of a child); or
| (2) convicted of first degree murder under Section 9-1 | of the Criminal
Code of 1961, when the victim was a person | under 18 years of age and the
defendant was at least 17 | years of age at the time of the commission of the
offense; | or
| (3) certified as a sexually dangerous person pursuant | to the Sexually
Dangerous Persons Act or any substantially | similar federal, Uniform Code of
Military Justice, sister | state, or
foreign country law; or
| (4) found to be a sexually violent person pursuant to | the Sexually Violent
Persons Commitment Act or any | substantially similar federal, Uniform Code of
Military | Justice, sister state, or
foreign country law; or
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| (5) convicted of a second or subsequent offense which | requires
registration pursuant to this Act. The conviction | for the second or subsequent
offense must have occurred | after July 1, 1999. For purposes of this paragraph
(5), | "convicted" shall include a conviction under any
| substantially similar
Illinois, federal, Uniform Code of | Military Justice, sister state, or
foreign country law.
| (F) As used in this Article, "out-of-state student" means | any sex
offender, as defined in this Section,
or sexual | predator who is enrolled in Illinois, on a full-time or | part-time
basis, in any public or private educational | institution, including, but not
limited to, any secondary | school, trade or professional institution, or
institution of | higher learning.
| (G) As used in this Article, "out-of-state employee" means | any sex
offender, as defined in this Section,
or sexual | predator who works in Illinois, regardless of whether the | individual
receives payment for services performed, for a | period of time of 10 or more days
or for an aggregate period of | time of 30 or more days
during any calendar year.
Persons who | operate motor vehicles in the State accrue one day of | employment
time for any portion of a day spent in Illinois.
| (H) As used in this Article, "school" means any public or | private educational institution, including, but not limited | to, any elementary or secondary school, trade or professional | institution, or institution of higher education. | (I) As used in this Article, "fixed residence" means any | and all places that a sex offender resides for an aggregate | period of time of 5 or more days in a calendar year.
| (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; | 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 7/24/2006
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