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90_SB0316ham003 LRB9002416LDdvam05 1 AMENDMENT TO SENATE BILL 316 2 AMENDMENT NO. . Amend Senate Bill 316 on page 1, 3 line 2, by replacing "Section 25" with "Sections 25 and 55"; 4 and 5 on page 1, line 6, by replacing "Section 25" with "Sections 6 25 and 55"; and 7 on page 1, after line 28, by inserting the following: 8 "(225 ILCS 46/55) 9 Sec. 55. Immunity from liability. A health care 10 employer shall not be liable for the failure to hire or to 11 retain an applicant or employee who has been convicted of 12 committing or attempting to commit one or more of the 13 offenses enumerated in Section 25 of the Act. However, if a 14 health care worker is suspended from employment based on the 15 results of a criminal background check conducted under this 16 Act and the results prompting the suspension are subsequently 17 found to be inaccurate, the health care worker is entitled to 18 recover backpay from his or her health care employer for the 19 suspension period provided that the employer is the cause of 20 the inaccuracy. 21 No health care employer shall be chargeable for any 22 benefit charges that result from the payment of unemployment -2- LRB9002416LDdvam05 1 benefits to any claimant when the claimant's separation from 2 that employer occurred because the claimant's criminal 3 background included an offense enumerated in Section 25, or 4 the claimant's separation from that health care employer 5 occurred as a result of the claimant violating a policy that 6 the employer was required to maintain pursuant to the Drug 7 Free Workplace Act. 8 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96.)".