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Sen. Jacqueline Y. Collins
Filed: 5/13/2005
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09400HB3801sam002 |
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LRB094 03494 RAS 46628 a |
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| AMENDMENT TO HOUSE BILL 3801
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| AMENDMENT NO. ______. Amend House Bill 3801, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the |
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| Medical School Applicant Criminal Background Check Act.
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| Section 5. Definitions. In this Act: |
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| "Forcible felony" has the meaning given to that term in the |
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| Criminal Code of 1961. |
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| "Matriculant" means an individual who is admitted as a |
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| student to a medical school located in Illinois. |
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| "Sex offender" has the meaning given to that term in the |
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| Sex Offender Registration Act.
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| Section 10. Criminal background check for matriculants. A |
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| medical school located in Illinois may require a criminal |
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| background check for forcible felony convictions and any |
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| adjudication of a matriculant as a sex offender conducted by |
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| the Department of State Police and the Federal Bureau of |
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| Investigation as part of the medical school admissions |
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| application process. A medical school may forward the name, |
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| sex, race, date of birth, social security number, and |
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| fingerprints of each of its matriculants to the Department of |
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| State Police to be searched against the Illinois criminal |
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LRB094 03494 RAS 46628 a |
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| history records database and the Statewide Sex Offender |
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| Database in the form and manner prescribed by the Department of |
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| State Police. If the medical school so requires, each |
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| matriculant shall submit his or her fingerprints to the |
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| Department of State Police in the form and manner prescribed by |
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| the Department of State Police. These fingerprints shall be |
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| checked against the fingerprint records now and hereafter filed |
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| in the Department of State Police and Federal Bureau of |
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| Investigation criminal history records databases. The |
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| Department of State Police shall furnish, pursuant to positive |
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| identification, records of an applicant's forcible felony |
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| convictions and any record of an applicant's adjudication as a |
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| sex offender to the medical school that requested the criminal |
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| background check.
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| Section 15. Fees. The Department of State Police shall |
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| charge each requesting medical school a fee for conducting the |
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| criminal background check, which shall be deposited in the |
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| State Police Services Fund and shall not exceed the cost of the |
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| inquiry. Each requesting medical school is solely responsible |
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| for payment of this fee to the Department of State Police. Each |
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| medical school may impose its own fee upon a matriculant for |
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| admission to cover the cost of the criminal background check at |
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| the time the matriculant submits to the criminal background |
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| check.
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| Section 20. Admissions decision. The information collected |
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| as a result of the criminal background check may be considered |
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| by the requesting medical school in determining whether or not |
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| to admit the matriculant. A forcible felony conviction or an |
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| adjudication as a sex offender may preclude a matriculant from |
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| gaining admission to a medical school located in Illinois.
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| Section 25. Civil immunity. No medical school acting under |
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LRB094 03494 RAS 46628 a |
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| the provisions of this Act shall be civilly liable to any |
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| matriculant for any decision made pursuant to this Act.
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| Section 90. The Department of State Police Law of the
Civil |
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| Administrative Code of Illinois is amended by adding Section |
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| 2605-327 as follows:
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| (20 ILCS 2605/2605-327 new)
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| Sec. 2605-327. Conviction and sex offender information for |
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| medical school. Upon the request of a medical school under the |
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| Medical School Applicant Criminal Background Check Act, to |
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| ascertain whether a matriculant of the medical school has been |
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| convicted of any forcible felony or has been adjudicated a sex |
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| offender. The Department shall furnish this information to the |
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| medical school that requested the information. |
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| The Department shall conduct a fingerprint-based criminal |
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| history records check of the Illinois criminal history records |
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| database and the Federal Bureau of Investigation criminal |
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| history records databases on matriculants who are required to |
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| submit their fingerprints. The Department may charge the |
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| requesting medical school a fee for conducting the |
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| fingerprint-based criminal history records check. The fee |
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| shall not exceed the cost of the inquiry and shall be deposited |
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| into the State Police Services Fund.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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