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| Public Act 094-1053 |
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AN ACT concerning criminal law.
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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 3. The Health Care Worker Background Check Act is | ||||
amended by changing Section 25 as follows:
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(225 ILCS 46/25)
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Sec. 25. Persons ineligible to be hired by health care | ||||
employers and long-term care facilities.
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(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,
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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,
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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.
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(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.
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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.
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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.
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(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
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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
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history records check in other states in which an employee has | ||
resided.
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(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.)
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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.
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(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.
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Section 10. The Sex Offender Registration Act is amended by | ||
changing Section 2 as follows:
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(730 ILCS 150/2) (from Ch. 38, par. 222)
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Sec. 2. Definitions.
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(A) As used in this Article, "sex offender" means any | ||
person who is:
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(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:
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(a) is convicted of such offense or an attempt to | ||
commit such offense;
or
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(b) is found not guilty by reason of insanity of | ||
such offense or an
attempt to commit such offense; or
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(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
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(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
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offense; or
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(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
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(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
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(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
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(3) subject to the provisions of Section 2 of the | ||
Interstate
Agreements on Sexually Dangerous Persons Act; | ||
or
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(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) 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
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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.
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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.
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(B) As used in this Article, "sex offense" means:
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(1) A violation of any of the following Sections of the | ||
Criminal Code of
1961:
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11-20.1 (child pornography),
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11-6 (indecent solicitation of a child),
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11-9.1 (sexual exploitation of a child),
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11-9.2 (custodial sexual misconduct),
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11-9.5 (sexual misconduct with a person with a | ||
disability),
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11-15.1 (soliciting for a juvenile prostitute),
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11-18.1 (patronizing a juvenile prostitute),
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11-17.1 (keeping a place of juvenile | ||
prostitution),
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11-19.1 (juvenile pimping),
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11-19.2 (exploitation of a child),
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12-13 (criminal sexual assault),
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12-14 (aggravated criminal sexual assault),
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12-14.1 (predatory criminal sexual assault of a | ||
child),
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12-15 (criminal sexual abuse),
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12-16 (aggravated criminal sexual abuse),
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12-33 (ritualized abuse of a child).
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An attempt to commit any of these offenses.
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(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:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(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.
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(1.7) (Blank).
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(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
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June 1, 1997.
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(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
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custodian of the child for other than a lawful purpose and | ||
the offense was
committed on or after January 1, 1998.
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(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:
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10-4 (forcible detention, if the victim is under 18 | ||
years of age),
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11-6.5 (indecent solicitation of an adult),
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11-15 (soliciting for a prostitute, if the victim | ||
is under 18 years
of age),
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11-16 (pandering, if the victim is under 18 years | ||
of age),
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11-18 (patronizing a prostitute, if the victim is | ||
under 18 years
of age),
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11-19 (pimping, if the victim is under 18 years of | ||
age).
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(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:
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11-9 (public indecency for a third or subsequent | ||
conviction).
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(1.12) A violation or attempted violation of Section
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5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||
when the
offense was committed on or after August 22, 2002.
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(2) A violation of any former law of this State | ||
substantially equivalent
to any offense listed in | ||
subsection (B) of this Section.
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(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
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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.
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(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
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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
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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).
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(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.
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(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:
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(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
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conviction for the purpose of this Article.
Convicted of a | ||
violation or attempted violation of any of the following
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Sections of the
Criminal Code of 1961, if the conviction | ||
occurred after July
1, 1999:
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11-17.1 (keeping a place of juvenile | ||
prostitution),
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11-19.1 (juvenile pimping),
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11-19.2 (exploitation of a child),
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11-20.1 (child pornography),
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12-13 (criminal sexual assault),
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12-14 (aggravated criminal sexual assault),
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12-14.1 (predatory criminal sexual assault of a | ||
child),
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12-16 (aggravated criminal sexual abuse),
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12-33 (ritualized abuse of a child); or
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(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
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(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
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(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
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substantially similar
Illinois, federal, Uniform Code of | ||
Military Justice, sister state, or
foreign country law.
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(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.
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(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.
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(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.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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