Bill Status of SB 319   93rd General Assembly

Short Description:  NEGLECT & ABUSE-PRIV RT ACTION

Senate Sponsors
Sen. Jeffrey M. Schoenberg

House Sponsors
(Rep. Lou Lang-Eddie Washington-Deborah L. Graham)


Last Action  View All Actions

DateChamber Action
  11/6/2003SenateBill Dead - Amendatory Veto

Statutes Amended In Order of Appearance
210 ILCS 45/3-608from Ch. 111 1/2, par. 4153-608
320 ILCS 20/4.1

Synopsis As Introduced
Amends the Nursing Home Care Act. Provides that a person who suffers damages as a result of discrimination committed by the nursing home or its agents or employees for reporting cases of abuse and neglect may bring an action against the nursing home or its agents or employees. Amends the Elder Abuse and Neglect Act. Provides that a person who suffers damages as a result of discrimination committed by an employer for reporting cases of abuse and neglect may bring an action against the employer.

House Amendment No. 1
Adds reference to:
210 ILCS 30/4from Ch. 111 1/2, par. 4164
210 ILCS 45/3-702from Ch. 111 1/2, par. 4153-702
320 ILCS 20/2from Ch. 23, par. 6602
320 ILCS 20/4from Ch. 23, par. 6604
720 ILCS 5/26-1from Ch. 38, par. 26-1

Amends the Nursing Home Care Act. Makes changes in provisions concerning investigation of complaints of abuse and neglect. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act and the Elder Abuse and Neglect Act to remove Christian Science practitioners from the lists of mandated reporters of abuse or neglect. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act to provide a cause of action for persons who are harmed as a result of making a report under the Act and to provide criminal penalties for specified offenses. Amends the Criminal Code of 1961 to provide that making a false report under the Nursing Home Care Act, the Abused and Neglected Long Term Care Facility Residents Reporting Act, or the Elder Abuse and Neglect Act constitute a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

House Amendment No. 2
In provisions of the Abused and Neglected Long Term Care Facility Residents Reporting Act providing a criminal penalty for knowingly transmitting or causing to be transmitted a false report, provides that "person" does not include a resident. In provisions of the Nursing Home Care Act concerning investigations, provides that investigations are not required to include an on-site visit. Provides that, upon receipt of a complaint alleging abuse or neglect of a resident, the Department shall conduct an initial investigation and make an initial determination whether the report is a good faith indication of alleged abuse or neglect and that, if the Department determines the report is a good faith indication of alleged abuse or neglect, a formal investigation shall commence. Restores language providing that complaints other than specified complaints shall be investigated within 30 days after the receipt of the complaint. Provides that the Department may extend the period in which a determination must be made as to whether a rule or provision of the Act has been violated in individual cases for additional periods of up to 30 days each for good cause shown. In provisions of the Elder Abuse and Neglect Act providing a criminal penalty for knowingly transmitting or causing to be transmitted a false report, provides that "person" does not include the subject of the report.

Governor Amendatory Veto Message
Recommends that the following be removed from the bill: (i) the criminal penalty for knowingly transmitting or causing to be transmitted a false report to the Department of Public Health under the Abused and Neglected Long Term Care Facility Residents Reporting Act or to the Department on Aging under the Elder Abuse and Neglect Act, (ii) provisions of the Nursing Home Care Act that provide that investigations are not required to include an on-site visit, and (iii) changes to the investigation requirements for allegations of abuse or neglect of a nursing home resident.

Actions 
DateChamber Action
  2/6/2003SenateFiled with Secretary by Sen. Jeffrey M. Schoenberg
  2/6/2003SenateFirst Reading
  2/6/2003SenateReferred to Rules
  2/19/2003SenateAssigned to Health & Human Services
  3/6/2003SenateDo Pass Health & Human Services; 007-002-000
  3/6/2003SenatePlaced on Calendar Order of 2nd Reading March 11, 2003
  3/13/2003SenateSecond Reading
  3/13/2003SenatePlaced on Calendar Order of 3rd Reading March 18, 2003
  3/19/2003SenateThird Reading - Passed; 033-022-001
  3/19/2003HouseArrived in House
  3/19/2003HousePlaced on Calendar Order of First Reading
  3/21/2003HouseChief House Sponsor Rep. Lou Lang
  3/21/2003HouseAdded Alternate Chief Co-Sponsor Rep. Eddie Washington
  3/21/2003HouseFirst Reading
  3/21/2003HouseReferred to Rules Committee
  3/31/2003HouseAssigned to Human Services Committee
  4/1/2003HouseHouse Amendment No. 1 Filed with Clerk by Human Services Committee
  5/1/2003HouseHouse Amendment No. 2 Filed with Clerk by Human Services Committee
  5/1/2003HouseHouse Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  5/1/2003HouseHouse Amendment No. 2 Adopted in Human Services Committee; by Voice Vote
  5/1/2003HouseDo Pass as Amended / Short Debate Human Services Committee; 008-000-000
  5/1/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/9/2003HouseSecond Reading - Short Debate
  5/9/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/9/2003HouseAdded Alternate Chief Co-Sponsor Rep. Deborah L. Graham
  5/13/2003HouseThird Reading - Short Debate - Passed 118-000-000
  5/13/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  5/13/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02 - May 14,2003
  5/16/2003SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg
  5/16/2003SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  5/16/2003SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg
  5/16/2003SenateHouse Amendment No. 2 Motion to Concur Referred to Rules
  5/22/2003SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Health & Human Services
  5/22/2003SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Health & Human Services
  5/23/2003SenateHouse Amendment No. 1 Motion to Concur Be Adopted Health & Human Services; 011-000-000
  5/23/2003SenateHouse Amendment No. 2 Motion to Concur Be Adopted Health & Human Services; 011-000-000
  5/29/2003SenateHouse Amendment No. 1 Senate Concurs 059-000-000
  5/29/2003SenateHouse Amendment No. 2 Senate Concurs 059-000-000
  5/29/2003SenatePassed Both Houses
  6/27/2003SenateSent to the Governor
  8/22/2003SenateGovernor Amendatory Veto
  10/23/2003SenatePlaced on Calendar Amendatory Veto November 4, 2003
  10/30/2003SenateAmendatory Veto Motion No. 1 Motion Filed Accept Amendatory Veto Sen. Jeffrey M. Schoenberg
  10/30/2003SenateAmendatory Veto Motion No. 1 Motion Referred to Rules
  11/6/2003SenateBill Dead - Amendatory Veto

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