|
|
Public Act 094-1053
|
| SB3018 Enrolled |
LRB094 15525 RLC 50724 b |
|
|
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.
|
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),
|
|
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
|
|
(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.
|