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| Public Act 094-0709 |
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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 | ||||
Medical School Matriculant Criminal History Records Check Act. | ||||
Section 5. Definitions. | ||||
"Matriculant" means an individual who is conditionally | ||||
admitted as a student to a medical school located in Illinois, | ||||
pending the medical school's consideration of his or her | ||||
criminal history records check under this Act. | ||||
"Sex offender" means any person who is convicted pursuant | ||||
to Illinois law or any
substantially similar federal, Uniform | ||||
Code of Military
Justice, sister state, or foreign country law | ||||
with any of
the following sex offenses set forth in the | ||||
Criminal Code
of 1961: | ||||
(1) Indecent solicitation of a child. | ||||
(2) Sexual exploitation of a child. | ||||
(3) Custodial sexual misconduct. | ||||
(4) Exploitation of a child. | ||||
(5) Child pornography. | ||||
"Violent felony" means any of the following offenses, as
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defined by the Criminal Code of 1961: | ||||
(1) First degree murder. | ||||
(2) Second degree murder. | ||||
(3) Predatory criminal sexual assault of a child. | ||||
(4) Aggravated criminal sexual assault. | ||||
(5) Criminal sexual assault. | ||||
(6) Aggravated arson. | ||||
(7) Aggravated kidnapping. | ||||
(8) Kidnapping. | ||||
(9) Aggravated battery resulting in great bodily harm | ||||
or permanent disability or disfigurement. | ||||
Section 10. Criminal history records check for | ||
matriculants. A medical school located in Illinois
must require | ||
that each matriculant submit to a fingerprint-based criminal | ||
history records check for violent felony convictions and any | ||
adjudication of the 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 process. | ||
A medical school shall 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 Statewide Sex Offender Database and the fingerprint | ||
records
now and hereafter filed in the Department of State | ||
Police and
Federal Bureau of Investigation criminal history | ||
records
databases. The fingerprints of each matriculant must be | ||
submitted in the form and manner prescribed by the Department | ||
of State Police. The Department of State Police shall furnish,
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pursuant to positive identification, records of a | ||
matriculant's
violent felony convictions and any record of a | ||
matriculant's
adjudication as a sex offender to the medical | ||
school that
requested the criminal history records check.
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Section 15. Fees. The Department of State Police shall | ||
charge each requesting medical school a fee for conducting the | ||
criminal history records check under Section 10 of this Act, | ||
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 to cover the cost of the | ||
criminal history records check at the time the matriculant | ||
submits to the criminal history records check.
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Section 20. Admissions decision. The information collected | ||
under this Act as a result of the criminal history records | ||
check must be considered by the requesting medical school in | ||
determining whether or not to officially admit a matriculant. | ||
Upon a medical school's evaluation of a matriculant's criminal | ||
history records check, a matriculant who has been convicted of | ||
a violent felony conviction or adjudicated a sex offender may | ||
be precluded from gaining official admission to that medical | ||
school; however, a violent felony conviction or an adjudication | ||
as a sex offender shall not serve as an automatic bar to | ||
official admission to a medical school located in Illinois. | ||
Section 25. Civil immunity. Except for wilful or wanton | ||
misconduct, no medical school acting under the provisions of | ||
this Act shall be civilly liable to any matriculant for any | ||
decision made pursuant to Section 20 of this Act. | ||
Section 30. Applicability. This Act applies only to | ||
matriculants who are conditionally admitted to a medical school | ||
located in Illinois on or after the effective date of 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 Matriculant Criminal History Records Check Act, | ||
to ascertain whether a matriculant of the medical school has | ||
been convicted of any violent felony or has been adjudicated a | ||
sex offender. The Department shall furnish this information to | ||
the medical school that requested the information. | ||
Pursuant to the Medical School Matriculant Criminal | ||
History Records Check Act, the Department shall conduct a | ||
fingerprint-based criminal history records check of the | ||
Statewide Sex Offender Database, the Illinois criminal history | ||
records database, and the Federal Bureau of Investigation | ||
criminal history records database. 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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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