Illinois 2025-2026 Regular Session

Illinois House Bill HB3718 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB3718 EngrossedLRB104 10513 KTG 20588 b HB3718 Engrossed LRB104 10513 KTG 20588 b
2		-	HB3718 Engrossed LRB104 10513 KTG 20588 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3718 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: 405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210 Amends the Mental Health and Developmental Disabilities Code. Makes changes to a provision concerning initial Department of Human Services investigations of a facility employee's alleged abuse, neglect, or financial exploitation of a recipient of mental health or developmental disability services. Expands the provision to include allegations of material obstruction of an investigation, physical abuse, sexual abuse, non-de minimis financial exploitation (such as financial exploitation totaling a cumulative value equal to or greater than $100), or egregious neglect. Adds provisions concerning Department investigations where a facility employee is the perpetrator of, at most, neglect, de minimis financial exploitation (such as financial exploitation totaling a cumulative value of less than $100), or mental abuse. LRB104 10513 KTG 20588 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3718 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: 405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210 405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210 Amends the Mental Health and Developmental Disabilities Code. Makes changes to a provision concerning initial Department of Human Services investigations of a facility employee's alleged abuse, neglect, or financial exploitation of a recipient of mental health or developmental disability services. Expands the provision to include allegations of material obstruction of an investigation, physical abuse, sexual abuse, non-de minimis financial exploitation (such as financial exploitation totaling a cumulative value equal to or greater than $100), or egregious neglect. Adds provisions concerning Department investigations where a facility employee is the perpetrator of, at most, neglect, de minimis financial exploitation (such as financial exploitation totaling a cumulative value of less than $100), or mental abuse. LRB104 10513 KTG 20588 b LRB104 10513 KTG 20588 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3718 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
	3	+	405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210 405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210
	4	+	405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210
	5	+	Amends the Mental Health and Developmental Disabilities Code. Makes changes to a provision concerning initial Department of Human Services investigations of a facility employee's alleged abuse, neglect, or financial exploitation of a recipient of mental health or developmental disability services. Expands the provision to include allegations of material obstruction of an investigation, physical abuse, sexual abuse, non-de minimis financial exploitation (such as financial exploitation totaling a cumulative value equal to or greater than $100), or egregious neglect. Adds provisions concerning Department investigations where a facility employee is the perpetrator of, at most, neglect, de minimis financial exploitation (such as financial exploitation totaling a cumulative value of less than $100), or mental abuse.
	6	+	LRB104 10513 KTG 20588 b LRB104 10513 KTG 20588 b
	7	+	LRB104 10513 KTG 20588 b
	8	+	A BILL FOR
	9	+	HB3718LRB104 10513 KTG 20588 b HB3718 LRB104 10513 KTG 20588 b
	10	+	HB3718 LRB104 10513 KTG 20588 b
3	11		1 AN ACT concerning mental health.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Mental Health and Developmental
7	15		5 Disabilities Code is amended by changing Section 3-210 as
8	16		6 follows:
9	17		7 (405 ILCS 5/3-210) (from Ch. 91 1/2, par. 3-210)
10	18		8 Sec. 3-210. Employee as perpetrator of abuse. When, based
11	19		9 upon credible evidence, an initial investigation of a reported
12	20		10 allegation of material obstruction of an investigation or of
13	21		11 abuse, neglect, or financial exploitation of a recipient of
14	22		12 services indicates that it is reasonable to believe , based
15	23		13 upon credible evidence, that an employee at of a mental health
16		-	14 or developmental disability facility is the perpetrator of
17		-	15 physical abuse, sexual abuse, non-de minimis financial
	24	+	14 or developmental disability facility may be is the perpetrator
	25	+	15 of physical abuse, sexual abuse, non-de minimis financial
18	26		16 exploitation (such as financial exploitation totaling a
19		-	17 cumulative value equal to or greater than $20), egregious
	27	+	17 cumulative value equal to or greater than $100), egregious
20	28		18 neglect, or material obstruction of an investigation, the
21	29		19 abuse, that employee shall immediately be barred from any
22	30		20 further contact with recipients of services of the facility.
23	31		21 An employee barred from contact with recipients of services
24	32		22 shall remain barred:
25	33		23 (1) pending the outcome of any further investigation,
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29		-	HB3718 Engrossed LRB104 10513 KTG 20588 b
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3718 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
	38	+	405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210 405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210
	39	+	405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210
	40	+	Amends the Mental Health and Developmental Disabilities Code. Makes changes to a provision concerning initial Department of Human Services investigations of a facility employee's alleged abuse, neglect, or financial exploitation of a recipient of mental health or developmental disability services. Expands the provision to include allegations of material obstruction of an investigation, physical abuse, sexual abuse, non-de minimis financial exploitation (such as financial exploitation totaling a cumulative value equal to or greater than $100), or egregious neglect. Adds provisions concerning Department investigations where a facility employee is the perpetrator of, at most, neglect, de minimis financial exploitation (such as financial exploitation totaling a cumulative value of less than $100), or mental abuse.
	41	+	LRB104 10513 KTG 20588 b LRB104 10513 KTG 20588 b
	42	+	LRB104 10513 KTG 20588 b
	43	+	A BILL FOR
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32		-	HB3718 Engrossed- 2 -LRB104 10513 KTG 20588 b HB3718 Engrossed - 2 - LRB104 10513 KTG 20588 b
33		-	HB3718 Engrossed - 2 - LRB104 10513 KTG 20588 b
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	49	+	405 ILCS 5/3-210 from Ch. 91 1/2, par. 3-210
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	53	+	LRB104 10513 KTG 20588 b
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	63	+	HB3718 LRB104 10513 KTG 20588 b
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	66	+	HB3718- 2 -LRB104 10513 KTG 20588 b HB3718 - 2 - LRB104 10513 KTG 20588 b
	67	+	HB3718 - 2 - LRB104 10513 KTG 20588 b
34	68		1 prosecution, or disciplinary action against the employee;
35	69		2 or
36	70		3 (2) until the Department of Human Services Office of
37	71		4 Inspector General independently determines that the
38	72		5 physical abuse, sexual abuse, non-de minimis financial
39	73		6 exploitation, egregious neglect, or material obstruction
40	74		7 of an investigation allegation or allegations against the
41	75		8 employee will be unsubstantiated or unfounded in the
42	76		9 Office of Inspector General's final investigative report.
43	77		10 When, based upon credible evidence, an initial
44	78		11 investigation of a reported allegation of abuse or neglect of
45	79		12 a recipient of services indicates that it is reasonable to
46	80		13 believe that an employee at a mental health or developmental
47	81		14 disability facility is the perpetrator of, at most, neglect,
48	82		15 de minimis financial exploitation (such as financial
49		-	16 exploitation totaling a cumulative value of less than $20), or
50		-	17 mental abuse, the Department shall determine what ~~appropriate~~
51		-	18 steps should be taken as to the employee while the
	83	+	16 exploitation totaling a cumulative value of less than $100),
	84	+	17 or mental abuse, the Department shall determine what
	85	+	18 appropriate steps should be taken as to the employee while the
52	86		19 investigation of the Department of Human Services Office of
53	87		20 Inspector General is pending. These steps by the Department
54	88		21 may include, but not be limited to: training, re-assignment
55	89		22 away from and a bar from contact with the alleged victim, being
56	90		23 barred from any further contact with recipients of services of
57	91		24 the facility, or pursuing discipline for known conduct. If
58	92		25 further investigation reveals that the conduct rose to the
59		-	26 level of ~~physical abuse,~~ sexual abuse, non-de minimis
	93	+	26 level of sexual abuse, non-de minimis financial exploitation,
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65		-	HB3718 ~~Engrossed~~ - 2 - LRB104 10513 KTG 20588 b
	99	+	HB3718 - 2 - LRB104 10513 KTG 20588 b
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70		-	1 financial exploitation, egregious neglect, or material
71		-	2 obstruction of an investigation, then the employee shall be
72		-	3 barred from contact with recipients of services and shall
73		-	4 remain barred, subject to the conditions detailed in this
74		-	5 paragraph.
75		-	6 For the purposes of this Section, "credible evidence" is
76		-	7 any evidence that relates to the allegation or incident and
77		-	8 that is considered believable and reliable.
78		-	9 (Source: P.A. 102-501, eff. 1-1-22.)
	102	+	HB3718- 3 -LRB104 10513 KTG 20588 b HB3718 - 3 - LRB104 10513 KTG 20588 b
	103	+	HB3718 - 3 - LRB104 10513 KTG 20588 b
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84		-	HB3718 ~~Engrossed~~ - 3 - LRB104 10513 KTG 20588 b
	109	+	HB3718 - 3 - LRB104 10513 KTG 20588 b