State of Illinois
90th General Assembly
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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.)".

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