Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2475 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2475 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: See Index Amends the Department of Human Services Act. In provisions concerning death reports investigated by the Department of Human Services' Office of Inspector General, provides that death reports with no allegation of abuse or neglect shall only be released to the Secretary of Human Services and to the director of the facility or agency when a recommendation is made. Provides that unredacted investigative reports may be shared with the Department of Financial and Professional Regulation. Amends the Rehabilitation of Persons with Disabilities Act. Provides that the Department of Human Services shall operate and maintain an Illinois Center for Rehabilitation and Education-Wood for the education of individuals who are blind, visually impaired, or DeafBlind and are seeking competitive integrated employment. Makes conforming change to the School Code. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes all references regarding the operation of community-integrated living arrangements for the supervision of persons with mental illness. Amends the Early Intervention Services System Act. Extends early intervention services to children who have been found eligible for early childhood special education services under the Individuals with Disabilities Education Act and have an individualized education program. Amends the Mental Health and Developmental Disabilities Code. Adds physician assistance to the list of medical professionals listed under the definition of "qualified examiner". Adds advanced practice psychiatric nurse to several provisions listing medical professionals making mental health determinations. Makes conforming changes to the Firearm Owners Identification Card Act. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes a requirement that a person witness the signing of a consent form. Repeals provisions in the Department of Human Services Act, the State Finance Act, and the Illinois Income Tax Act concerning the Autism Research Checkoff Fund. Effective immediately. LRB104 10922 KTG 21004 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2475 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: See Index See Index Amends the Department of Human Services Act. In provisions concerning death reports investigated by the Department of Human Services' Office of Inspector General, provides that death reports with no allegation of abuse or neglect shall only be released to the Secretary of Human Services and to the director of the facility or agency when a recommendation is made. Provides that unredacted investigative reports may be shared with the Department of Financial and Professional Regulation. Amends the Rehabilitation of Persons with Disabilities Act. Provides that the Department of Human Services shall operate and maintain an Illinois Center for Rehabilitation and Education-Wood for the education of individuals who are blind, visually impaired, or DeafBlind and are seeking competitive integrated employment. Makes conforming change to the School Code. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes all references regarding the operation of community-integrated living arrangements for the supervision of persons with mental illness. Amends the Early Intervention Services System Act. Extends early intervention services to children who have been found eligible for early childhood special education services under the Individuals with Disabilities Education Act and have an individualized education program. Amends the Mental Health and Developmental Disabilities Code. Adds physician assistance to the list of medical professionals listed under the definition of "qualified examiner". Adds advanced practice psychiatric nurse to several provisions listing medical professionals making mental health determinations. Makes conforming changes to the Firearm Owners Identification Card Act. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes a requirement that a person witness the signing of a consent form. Repeals provisions in the Department of Human Services Act, the State Finance Act, and the Illinois Income Tax Act concerning the Autism Research Checkoff Fund. Effective immediately. LRB104 10922 KTG 21004 b LRB104 10922 KTG 21004 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2475 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Department of Human Services Act. In provisions concerning death reports investigated by the Department of Human Services' Office of Inspector General, provides that death reports with no allegation of abuse or neglect shall only be released to the Secretary of Human Services and to the director of the facility or agency when a recommendation is made. Provides that unredacted investigative reports may be shared with the Department of Financial and Professional Regulation. Amends the Rehabilitation of Persons with Disabilities Act. Provides that the Department of Human Services shall operate and maintain an Illinois Center for Rehabilitation and Education-Wood for the education of individuals who are blind, visually impaired, or DeafBlind and are seeking competitive integrated employment. Makes conforming change to the School Code. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes all references regarding the operation of community-integrated living arrangements for the supervision of persons with mental illness. Amends the Early Intervention Services System Act. Extends early intervention services to children who have been found eligible for early childhood special education services under the Individuals with Disabilities Education Act and have an individualized education program. Amends the Mental Health and Developmental Disabilities Code. Adds physician assistance to the list of medical professionals listed under the definition of "qualified examiner". Adds advanced practice psychiatric nurse to several provisions listing medical professionals making mental health determinations. Makes conforming changes to the Firearm Owners Identification Card Act. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes a requirement that a person witness the signing of a consent form. Repeals provisions in the Department of Human Services Act, the State Finance Act, and the Illinois Income Tax Act concerning the Autism Research Checkoff Fund. Effective immediately.
6	6	LRB104 10922 KTG 21004 b LRB104 10922 KTG 21004 b
7	7	LRB104 10922 KTG 21004 b
8	8	A BILL FOR
9	9	SB2475LRB104 10922 KTG 21004 b SB2475 LRB104 10922 KTG 21004 b
10	10	SB2475 LRB104 10922 KTG 21004 b
11	11	1 AN ACT concerning mental health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Department of Human Services Act is amended
15	15	5 by changing Section 1-17 as follows:
16	16	6 (20 ILCS 1305/1-17)
17	17	7 Sec. 1-17. Inspector General.
18	18	8 (a) Nature and purpose. It is the express intent of the
19	19	9 General Assembly to ensure the health, safety, and financial
20	20	10 condition of individuals receiving services in this State due
21	21	11 to mental illness, developmental disability, or both by
22	22	12 protecting those persons from acts of abuse, neglect, or both
23	23	13 by service providers. To that end, the Office of the Inspector
24	24	14 General for the Department of Human Services is created to
25	25	15 investigate and report upon allegations of the abuse, neglect,
26	26	16 or financial exploitation of individuals receiving services
27	27	17 within mental health facilities, developmental disabilities
28	28	18 facilities, and community agencies operated, licensed, funded,
29	29	19 or certified by the Department of Human Services, but not
30	30	20 licensed or certified by any other State agency.
31	31	21 (b) Definitions. The following definitions apply to this
32	32	22 Section:
33	33	23 "Agency" or "community agency" means (i) a community
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2475 Introduced 2/7/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Department of Human Services Act. In provisions concerning death reports investigated by the Department of Human Services' Office of Inspector General, provides that death reports with no allegation of abuse or neglect shall only be released to the Secretary of Human Services and to the director of the facility or agency when a recommendation is made. Provides that unredacted investigative reports may be shared with the Department of Financial and Professional Regulation. Amends the Rehabilitation of Persons with Disabilities Act. Provides that the Department of Human Services shall operate and maintain an Illinois Center for Rehabilitation and Education-Wood for the education of individuals who are blind, visually impaired, or DeafBlind and are seeking competitive integrated employment. Makes conforming change to the School Code. Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Removes all references regarding the operation of community-integrated living arrangements for the supervision of persons with mental illness. Amends the Early Intervention Services System Act. Extends early intervention services to children who have been found eligible for early childhood special education services under the Individuals with Disabilities Education Act and have an individualized education program. Amends the Mental Health and Developmental Disabilities Code. Adds physician assistance to the list of medical professionals listed under the definition of "qualified examiner". Adds advanced practice psychiatric nurse to several provisions listing medical professionals making mental health determinations. Makes conforming changes to the Firearm Owners Identification Card Act. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Removes a requirement that a person witness the signing of a consent form. Repeals provisions in the Department of Human Services Act, the State Finance Act, and the Illinois Income Tax Act concerning the Autism Research Checkoff Fund. Effective immediately.
41	41	LRB104 10922 KTG 21004 b LRB104 10922 KTG 21004 b
42	42	LRB104 10922 KTG 21004 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	See Index
50	50
51	51
52	52
53	53	LRB104 10922 KTG 21004 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB2475 LRB104 10922 KTG 21004 b
64	64
65	65
66	66	SB2475- 2 -LRB104 10922 KTG 21004 b SB2475 - 2 - LRB104 10922 KTG 21004 b
67	67	SB2475 - 2 - LRB104 10922 KTG 21004 b
68	68	1 agency licensed, funded, or certified by the Department, but
69	69	2 not licensed or certified by any other human services agency
70	70	3 of the State, to provide mental health service or
71	71	4 developmental disabilities service, or (ii) a program
72	72	5 licensed, funded, or certified by the Department, but not
73	73	6 licensed or certified by any other human services agency of
74	74	7 the State, to provide mental health service or developmental
75	75	8 disabilities service.
76	76	9 "Aggravating circumstance" means a factor that is
77	77	10 attendant to a finding and that tends to compound or increase
78	78	11 the culpability of the accused.
79	79	12 "Allegation" means an assertion, complaint, suspicion, or
80	80	13 incident involving any of the following conduct by an
81	81	14 employee, facility, or agency against an individual or
82	82	15 individuals: mental abuse, physical abuse, sexual abuse,
83	83	16 neglect, financial exploitation, or material obstruction of an
84	84	17 investigation.
85	85	18 "Day" means working day, unless otherwise specified.
86	86	19 "Deflection" means a situation in which an individual is
87	87	20 presented for admission to a facility or agency, and the
88	88	21 facility staff or agency staff do not admit the individual.
89	89	22 "Deflection" includes triage, redirection, and denial of
90	90	23 admission.
91	91	24 "Department" means the Department of Human Services.
92	92	25 "Developmental disability" means "developmental
93	93	26 disability" as defined in the Mental Health and Developmental
94	94
95	95
96	96
97	97
98	98
99	99	SB2475 - 2 - LRB104 10922 KTG 21004 b
100	100
101	101
102	102	SB2475- 3 -LRB104 10922 KTG 21004 b SB2475 - 3 - LRB104 10922 KTG 21004 b
103	103	SB2475 - 3 - LRB104 10922 KTG 21004 b
104	104	1 Disabilities Code.
105	105	2 "Egregious neglect" means a finding of neglect as
106	106	3 determined by the Inspector General that (i) represents a
107	107	4 gross failure to adequately provide for, or a callused
108	108	5 indifference to, the health, safety, or medical needs of an
109	109	6 individual and (ii) results in an individual's death or other
110	110	7 serious deterioration of an individual's physical condition or
111	111	8 mental condition.
112	112	9 "Employee" means any person who provides services at the
113	113	10 facility or agency on-site or off-site. The service
114	114	11 relationship can be with the individual or with the facility
115	115	12 or agency. Also, "employee" includes any employee or
116	116	13 contractual agent of the Department of Human Services or the
117	117	14 community agency involved in providing or monitoring or
118	118	15 administering mental health or developmental disability
119	119	16 services. This includes but is not limited to: owners,
120	120	17 operators, payroll personnel, contractors, subcontractors, and
121	121	18 volunteers.
122	122	19 "Facility" or "State-operated facility" means a mental
123	123	20 health facility or developmental disabilities facility
124	124	21 operated by the Department.
125	125	22 "Financial exploitation" means taking unjust advantage of
126	126	23 an individual's assets, property, or financial resources
127	127	24 through deception, intimidation, or conversion for the
128	128	25 employee's, facility's, or agency's own advantage or benefit.
129	129	26 "Finding" means the Office of Inspector General's
130	130
131	131
132	132
133	133
134	134
135	135	SB2475 - 3 - LRB104 10922 KTG 21004 b
136	136
137	137
138	138	SB2475- 4 -LRB104 10922 KTG 21004 b SB2475 - 4 - LRB104 10922 KTG 21004 b
139	139	SB2475 - 4 - LRB104 10922 KTG 21004 b
140	140	1 determination regarding whether an allegation is
141	141	2 substantiated, unsubstantiated, or unfounded.
142	142	3 "Health Care Worker Registry" or "Registry" means the
143	143	4 Health Care Worker Registry under the Health Care Worker
144	144	5 Background Check Act.
145	145	6 "Individual" means any person receiving mental health
146	146	7 service, developmental disabilities service, or both from a
147	147	8 facility or agency, while either on-site or off-site.
148	148	9 "Material obstruction of an investigation" means the
149	149	10 purposeful interference with an investigation of physical
150	150	11 abuse, sexual abuse, mental abuse, neglect, or financial
151	151	12 exploitation and includes, but is not limited to, the
152	152	13 withholding or altering of documentation or recorded evidence;
153	153	14 influencing, threatening, or impeding witness testimony;
154	154	15 presenting untruthful information during an interview; failing
155	155	16 to cooperate with an investigation conducted by the Office of
156	156	17 the Inspector General. If an employee, following a criminal
157	157	18 investigation of physical abuse, sexual abuse, mental abuse,
158	158	19 neglect, or financial exploitation, is convicted of an offense
159	159	20 that is factually predicated on the employee presenting
160	160	21 untruthful information during the course of the investigation,
161	161	22 that offense constitutes obstruction of an investigation.
162	162	23 Obstruction of an investigation does not include: an
163	163	24 employee's lawful exercising of his or her constitutional
164	164	25 right against self-incrimination, an employee invoking his or
165	165	26 her lawful rights to union representation as provided by a
166	166
167	167
168	168
169	169
170	170
171	171	SB2475 - 4 - LRB104 10922 KTG 21004 b
172	172
173	173
174	174	SB2475- 5 -LRB104 10922 KTG 21004 b SB2475 - 5 - LRB104 10922 KTG 21004 b
175	175	SB2475 - 5 - LRB104 10922 KTG 21004 b
176	176	1 collective bargaining agreement or the Illinois Public Labor
177	177	2 Relations Act, or a union representative's lawful activities
178	178	3 providing representation under a collective bargaining
179	179	4 agreement or the Illinois Public Labor Relations Act.
180	180	5 Obstruction of an investigation is considered material when it
181	181	6 could significantly impair an investigator's ability to gather
182	182	7 all relevant facts. An employee shall not be placed on the
183	183	8 Health Care Worker Registry for presenting untruthful
184	184	9 information during an interview conducted by the Office of the
185	185	10 Inspector General, unless, prior to the interview, the
186	186	11 employee was provided with any previous signed statements he
187	187	12 or she made during the course of the investigation.
188	188	13 "Mental abuse" means the use of demeaning, intimidating,
189	189	14 or threatening words, signs, gestures, or other actions by an
190	190	15 employee about an individual and in the presence of an
191	191	16 individual or individuals that results in emotional distress
192	192	17 or maladaptive behavior, or could have resulted in emotional
193	193	18 distress or maladaptive behavior, for any individual present.
194	194	19 "Mental illness" means "mental illness" as defined in the
195	195	20 Mental Health and Developmental Disabilities Code.
196	196	21 "Mentally ill" means having a mental illness.
197	197	22 "Mitigating circumstance" means a condition that (i) is
198	198	23 attendant to a finding, (ii) does not excuse or justify the
199	199	24 conduct in question, but (iii) may be considered in evaluating
200	200	25 the severity of the conduct, the culpability of the accused,
201	201	26 or both the severity of the conduct and the culpability of the
202	202
203	203
204	204
205	205
206	206
207	207	SB2475 - 5 - LRB104 10922 KTG 21004 b
208	208
209	209
210	210	SB2475- 6 -LRB104 10922 KTG 21004 b SB2475 - 6 - LRB104 10922 KTG 21004 b
211	211	SB2475 - 6 - LRB104 10922 KTG 21004 b
212	212	1 accused.
213	213	2 "Neglect" means an employee's, agency's, or facility's
214	214	3 failure to provide adequate medical care, personal care, or
215	215	4 maintenance and that, as a consequence, (i) causes an
216	216	5 individual pain, injury, or emotional distress, (ii) results
217	217	6 in either an individual's maladaptive behavior or the
218	218	7 deterioration of an individual's physical condition or mental
219	219	8 condition, or (iii) places the individual's health or safety
220	220	9 at substantial risk.
221	221	10 "Person with a developmental disability" means a person
222	222	11 having a developmental disability.
223	223	12 "Physical abuse" means an employee's non-accidental and
224	224	13 inappropriate contact with an individual that causes bodily
225	225	14 harm. "Physical abuse" includes actions that cause bodily harm
226	226	15 as a result of an employee directing an individual or person to
227	227	16 physically abuse another individual.
228	228	17 "Presenting untruthful information" means making a false
229	229	18 statement, material to an investigation of physical abuse,
230	230	19 sexual abuse, mental abuse, neglect, or financial
231	231	20 exploitation, knowing the statement is false.
232	232	21 "Recommendation" means an admonition, separate from a
233	233	22 finding, that requires action by the facility, agency, or
234	234	23 Department to correct a systemic issue, problem, or deficiency
235	235	24 identified during an investigation. "Recommendation" can also
236	236	25 mean an admonition to correct a systemic issue, problem or
237	237	26 deficiency during a review.
238	238
239	239
240	240
241	241
242	242
243	243	SB2475 - 6 - LRB104 10922 KTG 21004 b
244	244
245	245
246	246	SB2475- 7 -LRB104 10922 KTG 21004 b SB2475 - 7 - LRB104 10922 KTG 21004 b
247	247	SB2475 - 7 - LRB104 10922 KTG 21004 b
248	248	1 "Required reporter" means any employee who suspects,
249	249	2 witnesses, or is informed of an allegation of any one or more
250	250	3 of the following: mental abuse, physical abuse, sexual abuse,
251	251	4 neglect, or financial exploitation.
252	252	5 "Secretary" means the Chief Administrative Officer of the
253	253	6 Department.
254	254	7 "Sexual abuse" means any sexual contact or intimate
255	255	8 physical contact between an employee and an individual,
256	256	9 including an employee's coercion or encouragement of an
257	257	10 individual to engage in sexual behavior that results in sexual
258	258	11 contact, intimate physical contact, sexual behavior, or
259	259	12 intimate physical behavior. Sexual abuse also includes (i) an
260	260	13 employee's actions that result in the sending or showing of
261	261	14 sexually explicit images to an individual via computer,
262	262	15 cellular phone, electronic mail, portable electronic device,
263	263	16 or other media with or without contact with the individual or
264	264	17 (ii) an employee's posting of sexually explicit images of an
265	265	18 individual online or elsewhere whether or not there is contact
266	266	19 with the individual.
267	267	20 "Sexually explicit images" includes, but is not limited
268	268	21 to, any material which depicts nudity, sexual conduct, or
269	269	22 sado-masochistic abuse, or which contains explicit and
270	270	23 detailed verbal descriptions or narrative accounts of sexual
271	271	24 excitement, sexual conduct, or sado-masochistic abuse.
272	272	25 "Substantiated" means there is a preponderance of the
273	273	26 evidence to support the allegation.
274	274
275	275
276	276
277	277
278	278
279	279	SB2475 - 7 - LRB104 10922 KTG 21004 b
280	280
281	281
282	282	SB2475- 8 -LRB104 10922 KTG 21004 b SB2475 - 8 - LRB104 10922 KTG 21004 b
283	283	SB2475 - 8 - LRB104 10922 KTG 21004 b
284	284	1 "Unfounded" means there is no credible evidence to support
285	285	2 the allegation.
286	286	3 "Unsubstantiated" means there is credible evidence, but
287	287	4 less than a preponderance of evidence to support the
288	288	5 allegation.
289	289	6 (c) Appointment. The Governor shall appoint, and the
290	290	7 Senate shall confirm, an Inspector General. The Inspector
291	291	8 General shall be appointed for a term of 4 years and shall
292	292	9 function within the Department of Human Services and report to
293	293	10 the Secretary and the Governor.
294	294	11 (d) Operation and appropriation. The Inspector General
295	295	12 shall function independently within the Department with
296	296	13 respect to the operations of the Office, including the
297	297	14 performance of investigations and issuance of findings and
298	298	15 recommendations and the performance of site visits and reviews
299	299	16 of facilities and community agencies. The appropriation for
300	300	17 the Office of Inspector General shall be separate from the
301	301	18 overall appropriation for the Department.
302	302	19 (e) Powers and duties. The Inspector General shall
303	303	20 investigate reports of suspected mental abuse, physical abuse,
304	304	21 sexual abuse, neglect, or financial exploitation of
305	305	22 individuals in any mental health or developmental disabilities
306	306	23 facility or agency and shall have authority to take immediate
307	307	24 action to prevent any one or more of the following from
308	308	25 happening to individuals under its jurisdiction: mental abuse,
309	309	26 physical abuse, sexual abuse, neglect, or financial
310	310
311	311
312	312
313	313
314	314
315	315	SB2475 - 8 - LRB104 10922 KTG 21004 b
316	316
317	317
318	318	SB2475- 9 -LRB104 10922 KTG 21004 b SB2475 - 9 - LRB104 10922 KTG 21004 b
319	319	SB2475 - 9 - LRB104 10922 KTG 21004 b
320	320	1 exploitation. The Inspector General shall also investigate
321	321	2 allegations of material obstruction of an investigation by an
322	322	3 employee. Upon written request of an agency of this State, the
323	323	4 Inspector General may assist another agency of the State in
324	324	5 investigating reports of the abuse, neglect, or abuse and
325	325	6 neglect of persons with mental illness, persons with
326	326	7 developmental disabilities, or persons with both. The
327	327	8 Inspector General shall conduct annual site visits of each
328	328	9 facility and may conduct reviews of facilities and community
329	329	10 agencies. To comply with the requirements of subsection (k) of
330	330	11 this Section, the Inspector General shall also review all
331	331	12 reportable deaths for which there is no allegation of abuse or
332	332	13 neglect. Nothing in this Section shall preempt any duties of
333	333	14 the Medical Review Board set forth in the Mental Health and
334	334	15 Developmental Disabilities Code. The Inspector General shall
335	335	16 have no authority to investigate alleged violations of the
336	336	17 State Officials and Employees Ethics Act. Allegations of
337	337	18 misconduct under the State Officials and Employees Ethics Act
338	338	19 shall be referred to the Office of the Governor's Executive
339	339	20 Inspector General for investigation.
340	340	21 (f) Limitations. The Inspector General shall not conduct
341	341	22 an investigation within an agency or facility if that
342	342	23 investigation would be redundant to or interfere with an
343	343	24 investigation conducted by another State agency. The Inspector
344	344	25 General shall have no supervision over, or involvement in, the
345	345	26 routine programmatic, licensing, funding, or certification
346	346
347	347
348	348
349	349
350	350
351	351	SB2475 - 9 - LRB104 10922 KTG 21004 b
352	352
353	353
354	354	SB2475- 10 -LRB104 10922 KTG 21004 b SB2475 - 10 - LRB104 10922 KTG 21004 b
355	355	SB2475 - 10 - LRB104 10922 KTG 21004 b
356	356	1 operations of the Department. Nothing in this subsection
357	357	2 limits investigations by the Department that may otherwise be
358	358	3 required by law or that may be necessary in the Department's
359	359	4 capacity as central administrative authority responsible for
360	360	5 the operation of the State's mental health and developmental
361	361	6 disabilities facilities.
362	362	7 (g) Rulemaking authority. The Inspector General shall
363	363	8 promulgate rules establishing minimum requirements for
364	364	9 reporting allegations as well as for initiating, conducting,
365	365	10 and completing investigations based upon the nature of the
366	366	11 allegation or allegations. The rules shall clearly establish
367	367	12 that if 2 or more State agencies could investigate an
368	368	13 allegation, the Inspector General shall not conduct an
369	369	14 investigation that would be redundant to, or interfere with,
370	370	15 an investigation conducted by another State agency. The rules
371	371	16 shall further clarify the method and circumstances under which
372	372	17 the Office of Inspector General may interact with the
373	373	18 licensing, funding, or certification units of the Department
374	374	19 in preventing further occurrences of mental abuse, physical
375	375	20 abuse, sexual abuse, neglect, egregious neglect, financial
376	376	21 exploitation, and material obstruction of an investigation.
377	377	22 (g-5) Site visits and review authority.
378	378	23 (1) Site visits. The Inspector General shall conduct
379	379	24 unannounced site visits to each facility at least annually
380	380	25 for the purpose of reviewing and making recommendations on
381	381	26 systemic issues relative to preventing, reporting,
382	382
383	383
384	384
385	385
386	386
387	387	SB2475 - 10 - LRB104 10922 KTG 21004 b
388	388
389	389
390	390	SB2475- 11 -LRB104 10922 KTG 21004 b SB2475 - 11 - LRB104 10922 KTG 21004 b
391	391	SB2475 - 11 - LRB104 10922 KTG 21004 b
392	392	1 investigating, and responding to all of the following:
393	393	2 mental abuse, physical abuse, sexual abuse, neglect,
394	394	3 egregious neglect, financial exploitation, or material
395	395	4 obstruction of an investigation.
396	396	5 (2) Review authority. In response to complaints or
397	397	6 information gathered from investigations, the Inspector
398	398	7 General shall have and may exercise the authority to
399	399	8 initiate reviews of facilities and agencies related to
400	400	9 preventing, reporting, investigating, and responding to
401	401	10 all of the following: mental abuse, physical abuse, sexual
402	402	11 abuse, neglect, egregious neglect, financial exploitation,
403	403	12 or material obstruction of an investigation. Upon
404	404	13 concluding a review, the Inspector General shall issue a
405	405	14 written report setting forth its conclusions and
406	406	15 recommendations. The report shall be distributed to the
407	407	16 Secretary and to the director of the facility or agency
408	408	17 that was the subject of review. Within 45 calendar days,
409	409	18 the facility or agency shall submit a written response
410	410	19 addressing the Inspector General's conclusions and
411	411	20 recommendations and, in a concise and reasoned manner, the
412	412	21 actions taken, if applicable, to: (i) protect the
413	413	22 individual or individuals; (ii) prevent recurrences; and
414	414	23 (iii) eliminate the problems identified. The response
415	415	24 shall include the implementation and completion dates of
416	416	25 such actions.
417	417	26 (h) Training programs. The Inspector General shall (i)
418	418
419	419
420	420
421	421
422	422
423	423	SB2475 - 11 - LRB104 10922 KTG 21004 b
424	424
425	425
426	426	SB2475- 12 -LRB104 10922 KTG 21004 b SB2475 - 12 - LRB104 10922 KTG 21004 b
427	427	SB2475 - 12 - LRB104 10922 KTG 21004 b
428	428	1 establish a comprehensive program to ensure that every person
429	429	2 authorized to conduct investigations receives ongoing training
430	430	3 relative to investigation techniques, communication skills,
431	431	4 and the appropriate means of interacting with persons
432	432	5 receiving treatment for mental illness, developmental
433	433	6 disability, or both mental illness and developmental
434	434	7 disability, and (ii) establish and conduct periodic training
435	435	8 programs for facility and agency employees concerning the
436	436	9 prevention and reporting of any one or more of the following:
437	437	10 mental abuse, physical abuse, sexual abuse, neglect, egregious
438	438	11 neglect, financial exploitation, or material obstruction of an
439	439	12 investigation. The Inspector General shall further ensure (i)
440	440	13 every person authorized to conduct investigations at community
441	441	14 agencies receives ongoing training in Title 59, Parts 115,
442	442	15 116, and 119 of the Illinois Administrative Code, and (ii)
443	443	16 every person authorized to conduct investigations shall
444	444	17 receive ongoing training in Title 59, Part 50 of the Illinois
445	445	18 Administrative Code. Nothing in this Section shall be deemed
446	446	19 to prevent the Office of Inspector General from conducting any
447	447	20 other training as determined by the Inspector General to be
448	448	21 necessary or helpful.
449	449	22 (i) Duty to cooperate.
450	450	23 (1) The Inspector General shall at all times be
451	451	24 granted access to any facility or agency for the purpose
452	452	25 of investigating any allegation, conducting unannounced
453	453	26 site visits, monitoring compliance with a written
454	454
455	455
456	456
457	457
458	458
459	459	SB2475 - 12 - LRB104 10922 KTG 21004 b
460	460
461	461
462	462	SB2475- 13 -LRB104 10922 KTG 21004 b SB2475 - 13 - LRB104 10922 KTG 21004 b
463	463	SB2475 - 13 - LRB104 10922 KTG 21004 b
464	464	1 response, conducting reviews of facilities and agencies,
465	465	2 or completing any other statutorily assigned duty.
466	466	3 (2) Any employee who fails to cooperate with an Office
467	467	4 of the Inspector General investigation is in violation of
468	468	5 this Act. Failure to cooperate with an investigation
469	469	6 includes, but is not limited to, any one or more of the
470	470	7 following: (i) creating and transmitting a false report to
471	471	8 the Office of the Inspector General hotline, (ii)
472	472	9 providing false information to an Office of the Inspector
473	473	10 General Investigator during an investigation, (iii)
474	474	11 colluding with other employees to cover up evidence, (iv)
475	475	12 colluding with other employees to provide false
476	476	13 information to an Office of the Inspector General
477	477	14 investigator, (v) destroying evidence, (vi) withholding
478	478	15 evidence, or (vii) otherwise obstructing an Office of the
479	479	16 Inspector General investigation. Additionally, any
480	480	17 employee who, during an unannounced site visit, written
481	481	18 response compliance check, or review fails to cooperate
482	482	19 with requests from the Office of the Inspector General is
483	483	20 in violation of this Act.
484	484	21 (j) Subpoena powers. The Inspector General shall have the
485	485	22 power to subpoena witnesses and compel the production of all
486	486	23 documents and physical evidence relating to his or her
487	487	24 investigations and reviews and any hearings authorized by this
488	488	25 Act. This subpoena power shall not extend to persons or
489	489	26 documents of a labor organization or its representatives
490	490
491	491
492	492
493	493
494	494
495	495	SB2475 - 13 - LRB104 10922 KTG 21004 b
496	496
497	497
498	498	SB2475- 14 -LRB104 10922 KTG 21004 b SB2475 - 14 - LRB104 10922 KTG 21004 b
499	499	SB2475 - 14 - LRB104 10922 KTG 21004 b
500	500	1 insofar as the persons are acting in a representative capacity
501	501	2 to an employee whose conduct is the subject of an
502	502	3 investigation or the documents relate to that representation.
503	503	4 Any person who otherwise fails to respond to a subpoena or who
504	504	5 knowingly provides false information to the Office of the
505	505	6 Inspector General by subpoena during an investigation is
506	506	7 guilty of a Class A misdemeanor.
507	507	8 (k) Reporting allegations and deaths.
508	508	9 (1) Allegations. If an employee witnesses, is told of,
509	509	10 or has reason to believe an incident of mental abuse,
510	510	11 physical abuse, sexual abuse, neglect, financial
511	511	12 exploitation, or material obstruction of an investigation
512	512	13 has occurred, the employee, agency, or facility shall
513	513	14 report the allegation by phone to the Office of the
514	514	15 Inspector General hotline according to the agency's or
515	515	16 facility's procedures, but in no event later than 4 hours
516	516	17 after the initial discovery of the incident, allegation,
517	517	18 or suspicion of any one or more of the following: mental
518	518	19 abuse, physical abuse, sexual abuse, neglect, financial
519	519	20 exploitation, or material obstruction of an investigation.
520	520	21 A required reporter as defined in subsection (b) of this
521	521	22 Section who knowingly or intentionally fails to comply
522	522	23 with these reporting requirements is guilty of a Class A
523	523	24 misdemeanor.
524	524	25 (2) Deaths. Absent an allegation, a required reporter
525	525	26 shall, within 24 hours after initial discovery, report by
526	526
527	527
528	528
529	529
530	530
531	531	SB2475 - 14 - LRB104 10922 KTG 21004 b
532	532
533	533
534	534	SB2475- 15 -LRB104 10922 KTG 21004 b SB2475 - 15 - LRB104 10922 KTG 21004 b
535	535	SB2475 - 15 - LRB104 10922 KTG 21004 b
536	536	1 phone to the Office of the Inspector General hotline each
537	537	2 of the following:
538	538	3 (i) Any death of an individual occurring within 14
539	539	4 calendar days after discharge or transfer of the
540	540	5 individual from a residential program or facility.
541	541	6 (ii) Any death of an individual occurring within
542	542	7 24 hours after deflection from a residential program
543	543	8 or facility.
544	544	9 (iii) Any other death of an individual occurring
545	545	10 at an agency or facility or at any Department-funded
546	546	11 site.
547	547	12 (3) Retaliation. It is a violation of this Act for any
548	548	13 employee or administrator of an agency or facility to take
549	549	14 retaliatory action against an employee who acts in good
550	550	15 faith in conformance with his or her duties as a required
551	551	16 reporter.
552	552	17 (l) Reporting to law enforcement. Reporting criminal acts.
553	553	18 Within 24 hours after determining that there is credible
554	554	19 evidence indicating that a criminal act may have been
555	555	20 committed or that special expertise may be required in an
556	556	21 investigation, the Inspector General shall notify the Illinois
557	557	22 State Police or other appropriate law enforcement authority,
558	558	23 or ensure that such notification is made. The Illinois State
559	559	24 Police shall investigate any report from a State-operated
560	560	25 facility indicating a possible murder, sexual assault, or
561	561	26 other felony by an employee. All investigations conducted by
562	562
563	563
564	564
565	565
566	566
567	567	SB2475 - 15 - LRB104 10922 KTG 21004 b
568	568
569	569
570	570	SB2475- 16 -LRB104 10922 KTG 21004 b SB2475 - 16 - LRB104 10922 KTG 21004 b
571	571	SB2475 - 16 - LRB104 10922 KTG 21004 b
572	572	1 the Inspector General shall be conducted in a manner designed
573	573	2 to ensure the preservation of evidence for possible use in a
574	574	3 criminal prosecution.
575	575	4 (m) Investigative reports. Upon completion of an
576	576	5 investigation, the Office of Inspector General shall issue an
577	577	6 investigative report identifying whether the allegations are
578	578	7 substantiated, unsubstantiated, or unfounded. Within 10
579	579	8 business days after the transmittal of a completed
580	580	9 investigative report substantiating an allegation, finding an
581	581	10 allegation is unsubstantiated, or if a recommendation is made,
582	582	11 the Inspector General shall provide the investigative report
583	583	12 on the case to the Secretary and to the director of the
584	584	13 facility or agency where any one or more of the following
585	585	14 occurred: mental abuse, physical abuse, sexual abuse, neglect,
586	586	15 egregious neglect, financial exploitation, or material
587	587	16 obstruction of an investigation. The director of the facility
588	588	17 or agency shall be responsible for maintaining the
589	589	18 confidentiality of the investigative report consistent with
590	590	19 State and federal law. In a substantiated case, the
591	591	20 investigative report shall include any mitigating or
592	592	21 aggravating circumstances that were identified during the
593	593	22 investigation. If the case involves substantiated neglect, the
594	594	23 investigative report shall also state whether egregious
595	595	24 neglect was found. An investigative report may also set forth
596	596	25 recommendations. All investigative reports prepared by the
597	597	26 Office of the Inspector General shall be considered
598	598
599	599
600	600
601	601
602	602
603	603	SB2475 - 16 - LRB104 10922 KTG 21004 b
604	604
605	605
606	606	SB2475- 17 -LRB104 10922 KTG 21004 b SB2475 - 17 - LRB104 10922 KTG 21004 b
607	607	SB2475 - 17 - LRB104 10922 KTG 21004 b
608	608	1 confidential and shall not be released except as provided by
609	609	2 the law of this State or as required under applicable federal
610	610	3 law. Unsubstantiated and unfounded reports shall not be
611	611	4 disclosed except as allowed under Section 6 of the Abused and
612	612	5 Neglected Long Term Care Facility Residents Reporting Act. Raw
613	613	6 data used to compile the investigative report shall not be
614	614	7 subject to release unless required by law or a court order.
615	615	8 "Raw data used to compile the investigative report" includes,
616	616	9 but is not limited to, any one or more of the following: the
617	617	10 initial complaint, witness statements, photographs,
618	618	11 investigator's notes, police reports, or incident reports. If
619	619	12 the allegations are substantiated, the victim, the victim's
620	620	13 guardian, and the accused shall be provided with a redacted
621	621	14 copy of the investigative report. Death reports where there
622	622	15 was no allegation of abuse or neglect shall only be released to
623	623	16 the Secretary, or the Secretary's designee, and to the
624	624	17 director of the facility or agency when a recommendation is
625	625	18 made and pursuant to applicable State or federal law or a valid
626	626	19 court order. Unredacted investigative reports, as well as raw
627	627	20 data, may be shared with a local law enforcement entity, a
628	628	21 State's Attorney's office, or a county coroner's office, or
629	629	22 the Department of Financial and Professional Regulation upon
630	630	23 written request.
631	631	24 (n) Written responses, clarification requests, and
632	632	25 reconsideration requests.
633	633	26 (1) Written responses. Within 30 calendar days from
634	634
635	635
636	636
637	637
638	638
639	639	SB2475 - 17 - LRB104 10922 KTG 21004 b
640	640
641	641
642	642	SB2475- 18 -LRB104 10922 KTG 21004 b SB2475 - 18 - LRB104 10922 KTG 21004 b
643	643	SB2475 - 18 - LRB104 10922 KTG 21004 b
644	644	1 receipt of a substantiated investigative report or an
645	645	2 investigative report which contains recommendations,
646	646	3 absent a reconsideration request, the facility or agency
647	647	4 shall file a written response that addresses, in a concise
648	648	5 and reasoned manner, the actions taken to: (i) protect the
649	649	6 individual; (ii) prevent recurrences; and (iii) eliminate
650	650	7 the problems identified. The response shall include the
651	651	8 implementation and completion dates of such actions. If
652	652	9 the written response is not filed within the allotted 30
653	653	10 calendar day period, the Secretary, or the Secretary's
654	654	11 designee, shall determine the appropriate corrective
655	655	12 action to be taken.
656	656	13 (2) Requests for clarification. The facility, agency,
657	657	14 victim or guardian, or the subject employee may request
658	658	15 that the Office of Inspector General clarify the finding
659	659	16 or findings for which clarification is sought.
660	660	17 (3) Requests for reconsideration. The facility,
661	661	18 agency, victim or guardian, or the subject employee may
662	662	19 request that the Office of the Inspector General
663	663	20 reconsider the finding or findings or the recommendations.
664	664	21 A request for reconsideration shall be subject to a
665	665	22 multi-layer review and shall include at least one reviewer
666	666	23 who did not participate in the investigation or approval
667	667	24 of the original investigative report. After the
668	668	25 multi-layer review process has been completed, the
669	669	26 Inspector General shall make the final determination on
670	670
671	671
672	672
673	673
674	674
675	675	SB2475 - 18 - LRB104 10922 KTG 21004 b
676	676
677	677
678	678	SB2475- 19 -LRB104 10922 KTG 21004 b SB2475 - 19 - LRB104 10922 KTG 21004 b
679	679	SB2475 - 19 - LRB104 10922 KTG 21004 b
680	680	1 the reconsideration request. The investigation shall be
681	681	2 reopened if the reconsideration determination finds that
682	682	3 additional information is needed to complete the
683	683	4 investigative record.
684	684	5 (o) Disclosure of the finding by the Inspector General.
685	685	6 The Inspector General shall disclose the finding of an
686	686	7 investigation to the following persons: (i) the Governor, (ii)
687	687	8 the Secretary, (iii) the director of the facility or agency,
688	688	9 (iv) the alleged victims and their guardians, (v) the
689	689	10 complainant, and (vi) the accused. This information shall
690	690	11 include whether the allegations were deemed substantiated,
691	691	12 unsubstantiated, or unfounded.
692	692	13 (p) Secretary review. Upon review of the Inspector
693	693	14 General's investigative report and any agency's or facility's
694	694	15 written response, the Secretary, or the Secretary's designee,
695	695	16 shall accept or reject the written response and notify the
696	696	17 Inspector General of that determination. The Secretary, or the
697	697	18 Secretary's designee, may further direct that other
698	698	19 administrative action be taken, including, but not limited to,
699	699	20 any one or more of the following: (i) additional site visits,
700	700	21 (ii) training, (iii) provision of technical assistance
701	701	22 relative to administrative needs, licensure, or certification,
702	702	23 or (iv) the imposition of appropriate sanctions.
703	703	24 (q) Action by facility or agency. Within 30 days of the
704	704	25 date the Secretary, or the Secretary's designee, approves the
705	705	26 written response or directs that further administrative action
706	706
707	707
708	708
709	709
710	710
711	711	SB2475 - 19 - LRB104 10922 KTG 21004 b
712	712
713	713
714	714	SB2475- 20 -LRB104 10922 KTG 21004 b SB2475 - 20 - LRB104 10922 KTG 21004 b
715	715	SB2475 - 20 - LRB104 10922 KTG 21004 b
716	716	1 be taken, the facility or agency shall provide an
717	717	2 implementation report to the Inspector General that provides
718	718	3 the status of the action taken. The facility or agency shall be
719	719	4 allowed an additional 30 days to send notice of completion of
720	720	5 the action or to send an updated implementation report. If the
721	721	6 action has not been completed within the additional 30-day
722	722	7 period, the facility or agency shall send updated
723	723	8 implementation reports every 60 days until completion. The
724	724	9 Inspector General shall conduct a review of any implementation
725	725	10 plan that takes more than 120 days after approval to complete,
726	726	11 and shall monitor compliance through a random review of
727	727	12 approved written responses, which may include, but are not
728	728	13 limited to: (i) site visits, (ii) telephone contact, and (iii)
729	729	14 requests for additional documentation evidencing compliance.
730	730	15 (r) Sanctions. Sanctions, if imposed by the Secretary
731	731	16 under Subdivision (p)(iv) of this Section, shall be designed
732	732	17 to prevent further acts of mental abuse, physical abuse,
733	733	18 sexual abuse, neglect, egregious neglect, or financial
734	734	19 exploitation or some combination of one or more of those acts
735	735	20 at a facility or agency, and may include any one or more of the
736	736	21 following:
737	737	22 (1) Appointment of on-site monitors.
738	738	23 (2) Transfer or relocation of an individual or
739	739	24 individuals.
740	740	25 (3) Closure of units.
741	741	26 (4) Termination of any one or more of the following:
742	742
743	743
744	744
745	745
746	746
747	747	SB2475 - 20 - LRB104 10922 KTG 21004 b
748	748
749	749
750	750	SB2475- 21 -LRB104 10922 KTG 21004 b SB2475 - 21 - LRB104 10922 KTG 21004 b
751	751	SB2475 - 21 - LRB104 10922 KTG 21004 b
752	752	1 (i) Department licensing, (ii) funding, or (iii)
753	753	2 certification.
754	754	3 The Inspector General may seek the assistance of the
755	755	4 Illinois Attorney General or the office of any State's
756	756	5 Attorney in implementing sanctions.
757	757	6 (s) Health Care Worker Registry.
758	758	7 (1) Reporting to the Registry. The Inspector General
759	759	8 shall report to the Department of Public Health's Health
760	760	9 Care Worker Registry, a public registry, the identity and
761	761	10 finding of each employee of a facility or agency against
762	762	11 whom there is a final investigative report prepared by the
763	763	12 Office of the Inspector General containing a substantiated
764	764	13 allegation of physical or sexual abuse, financial
765	765	14 exploitation, egregious neglect of an individual, or
766	766	15 material obstruction of an investigation, unless the
767	767	16 Inspector General requests a stipulated disposition of the
768	768	17 investigative report that does not include the reporting
769	769	18 of the employee's name to the Health Care Worker Registry
770	770	19 and the Secretary of Human Services agrees with the
771	771	20 requested stipulated disposition.
772	772	21 (2) Notice to employee. Prior to reporting the name of
773	773	22 an employee, the employee shall be notified of the
774	774	23 Department's obligation to report and shall be granted an
775	775	24 opportunity to request an administrative hearing, the sole
776	776	25 purpose of which is to determine if the substantiated
777	777	26 finding warrants reporting to the Registry. Notice to the
778	778
779	779
780	780
781	781
782	782
783	783	SB2475 - 21 - LRB104 10922 KTG 21004 b
784	784
785	785
786	786	SB2475- 22 -LRB104 10922 KTG 21004 b SB2475 - 22 - LRB104 10922 KTG 21004 b
787	787	SB2475 - 22 - LRB104 10922 KTG 21004 b
788	788	1 employee shall contain a clear and concise statement of
789	789	2 the grounds on which the report to the Registry is based,
790	790	3 offer the employee an opportunity for a hearing, and
791	791	4 identify the process for requesting such a hearing. Notice
792	792	5 is sufficient if provided by certified mail to the
793	793	6 employee's last known address. If the employee fails to
794	794	7 request a hearing within 30 days from the date of the
795	795	8 notice, the Inspector General shall report the name of the
796	796	9 employee to the Registry. Nothing in this subdivision
797	797	10 (s)(2) shall diminish or impair the rights of a person who
798	798	11 is a member of a collective bargaining unit under the
799	799	12 Illinois Public Labor Relations Act or under any other
800	800	13 federal labor statute.
801	801	14 (3) Registry hearings. If the employee requests an
802	802	15 administrative hearing, the employee shall be granted an
803	803	16 opportunity to appear before an administrative law judge
804	804	17 to present reasons why the employee's name should not be
805	805	18 reported to the Registry. The Department shall bear the
806	806	19 burden of presenting evidence that establishes, by a
807	807	20 preponderance of the evidence, that the substantiated
808	808	21 finding warrants reporting to the Registry. After
809	809	22 considering all the evidence presented, the administrative
810	810	23 law judge shall make a recommendation to the Secretary as
811	811	24 to whether the substantiated finding warrants reporting
812	812	25 the name of the employee to the Registry. The Secretary
813	813	26 shall render the final decision. The Department and the
814	814
815	815
816	816
817	817
818	818
819	819	SB2475 - 22 - LRB104 10922 KTG 21004 b
820	820
821	821
822	822	SB2475- 23 -LRB104 10922 KTG 21004 b SB2475 - 23 - LRB104 10922 KTG 21004 b
823	823	SB2475 - 23 - LRB104 10922 KTG 21004 b
824	824	1 employee shall have the right to request that the
825	825	2 administrative law judge consider a stipulated disposition
826	826	3 of these proceedings.
827	827	4 (4) Testimony at Registry hearings. A person who makes
828	828	5 a report or who investigates a report under this Act shall
829	829	6 testify fully in any judicial proceeding resulting from
830	830	7 such a report, as to any evidence of physical abuse,
831	831	8 sexual abuse, egregious neglect, financial exploitation,
832	832	9 or material obstruction of an investigation, or the cause
833	833	10 thereof. No evidence shall be excluded by reason of any
834	834	11 common law or statutory privilege relating to
835	835	12 communications between the alleged perpetrator of abuse or
836	836	13 neglect, or the individual alleged as the victim in the
837	837	14 report, and the person making or investigating the report.
838	838	15 Testimony at hearings is exempt from the confidentiality
839	839	16 requirements of subsection (f) of Section 10 of the Mental
840	840	17 Health and Developmental Disabilities Confidentiality Act.
841	841	18 (5) Employee's rights to collateral action. No
842	842	19 reporting to the Registry shall occur and no hearing shall
843	843	20 be set or proceed if an employee notifies the Inspector
844	844	21 General in writing, including any supporting
845	845	22 documentation, that he or she is formally contesting an
846	846	23 adverse employment action resulting from a substantiated
847	847	24 finding by complaint filed with the Illinois Civil Service
848	848	25 Commission, or which otherwise seeks to enforce the
849	849	26 employee's rights pursuant to any applicable collective
850	850
851	851
852	852
853	853
854	854
855	855	SB2475 - 23 - LRB104 10922 KTG 21004 b
856	856
857	857
858	858	SB2475- 24 -LRB104 10922 KTG 21004 b SB2475 - 24 - LRB104 10922 KTG 21004 b
859	859	SB2475 - 24 - LRB104 10922 KTG 21004 b
860	860	1 bargaining agreement. If an action taken by an employer
861	861	2 against an employee as a result of a finding of physical
862	862	3 abuse, sexual abuse, egregious neglect, financial
863	863	4 exploitation, or material obstruction of an investigation
864	864	5 is overturned through an action filed with the Illinois
865	865	6 Civil Service Commission or under any applicable
866	866	7 collective bargaining agreement and if that employee's
867	867	8 name has already been sent to the Registry, the employee's
868	868	9 name shall be removed from the Registry.
869	869	10 (6) Removal from Registry. At any time after the
870	870	11 report to the Registry, but no more than once in any
871	871	12 12-month period, an employee may petition the Department
872	872	13 in writing to remove his or her name from the Registry.
873	873	14 Upon receiving notice of such request, the Inspector
874	874	15 General shall conduct an investigation into the petition.
875	875	16 Upon receipt of such request, an administrative hearing
876	876	17 will be set by the Department. At the hearing, the
877	877	18 employee shall bear the burden of presenting evidence that
878	878	19 establishes, by a preponderance of the evidence, that
879	879	20 removal of the name from the Registry is in the public
880	880	21 interest. The parties may jointly request that the
881	881	22 administrative law judge consider a stipulated disposition
882	882	23 of these proceedings.
883	883	24 (t) Review of Administrative Decisions. The Department
884	884	25 shall preserve a record of all proceedings at any formal
885	885	26 hearing conducted by the Department involving Health Care
886	886
887	887
888	888
889	889
890	890
891	891	SB2475 - 24 - LRB104 10922 KTG 21004 b
892	892
893	893
894	894	SB2475- 25 -LRB104 10922 KTG 21004 b SB2475 - 25 - LRB104 10922 KTG 21004 b
895	895	SB2475 - 25 - LRB104 10922 KTG 21004 b
896	896	1 Worker Registry hearings. Final administrative decisions of
897	897	2 the Department are subject to judicial review pursuant to
898	898	3 provisions of the Administrative Review Law.
899	899	4 (u) Quality Care Board. There is created, within the
900	900	5 Office of the Inspector General, a Quality Care Board to be
901	901	6 composed of 7 members appointed by the Governor with the
902	902	7 advice and consent of the Senate. One of the members shall be
903	903	8 designated as chairman by the Governor. Of the initial
904	904	9 appointments made by the Governor, 4 Board members shall each
905	905	10 be appointed for a term of 4 years and 3 members shall each be
906	906	11 appointed for a term of 2 years. Upon the expiration of each
907	907	12 member's term, a successor shall be appointed for a term of 4
908	908	13 years. In the case of a vacancy in the office of any member,
909	909	14 the Governor shall appoint a successor for the remainder of
910	910	15 the unexpired term.
911	911	16 Members appointed by the Governor shall be qualified by
912	912	17 professional knowledge or experience in the area of law,
913	913	18 investigatory techniques, or in the area of care of the
914	914	19 mentally ill or care of persons with developmental
915	915	20 disabilities. Two members appointed by the Governor shall be
916	916	21 persons with a disability or parents of persons with a
917	917	22 disability. Members shall serve without compensation, but
918	918	23 shall be reimbursed for expenses incurred in connection with
919	919	24 the performance of their duties as members.
920	920	25 The Board shall meet quarterly, and may hold other
921	921	26 meetings on the call of the chairman. Four members shall
922	922
923	923
924	924
925	925
926	926
927	927	SB2475 - 25 - LRB104 10922 KTG 21004 b
928	928
929	929
930	930	SB2475- 26 -LRB104 10922 KTG 21004 b SB2475 - 26 - LRB104 10922 KTG 21004 b
931	931	SB2475 - 26 - LRB104 10922 KTG 21004 b
932	932	1 constitute a quorum allowing the Board to conduct its
933	933	2 business. The Board may adopt rules and regulations it deems
934	934	3 necessary to govern its own procedures.
935	935	4 The Board shall monitor and oversee the operations,
936	936	5 policies, and procedures of the Inspector General to ensure
937	937	6 the prompt and thorough investigation of allegations of
938	938	7 neglect and abuse. In fulfilling these responsibilities, the
939	939	8 Board may do the following:
940	940	9 (1) Provide independent, expert consultation to the
941	941	10 Inspector General on policies and protocols for
942	942	11 investigations of alleged abuse, neglect, or both abuse
943	943	12 and neglect.
944	944	13 (2) Review existing regulations relating to the
945	945	14 operation of facilities.
946	946	15 (3) Advise the Inspector General as to the content of
947	947	16 training activities authorized under this Section.
948	948	17 (4) Recommend policies concerning methods for
949	949	18 improving the intergovernmental relationships between the
950	950	19 Office of the Inspector General and other State or federal
951	951	20 offices.
952	952	21 (v) Annual report. The Inspector General shall provide to
953	953	22 the General Assembly and the Governor, no later than January 1
954	954	23 of each year, a summary of reports and investigations made
955	955	24 under this Act for the prior fiscal year with respect to
956	956	25 individuals receiving mental health or developmental
957	957	26 disabilities services. The report shall detail the imposition
958	958
959	959
960	960
961	961
962	962
963	963	SB2475 - 26 - LRB104 10922 KTG 21004 b
964	964
965	965
966	966	SB2475- 27 -LRB104 10922 KTG 21004 b SB2475 - 27 - LRB104 10922 KTG 21004 b
967	967	SB2475 - 27 - LRB104 10922 KTG 21004 b
968	968	1 of sanctions, if any, and the final disposition of any
969	969	2 corrective or administrative action directed by the Secretary.
970	970	3 The summaries shall not contain any confidential or
971	971	4 identifying information of any individual, but shall include
972	972	5 objective data identifying any trends in the number of
973	973	6 reported allegations, the timeliness of the Office of the
974	974	7 Inspector General's investigations, and their disposition, for
975	975	8 each facility and Department-wide, for the most recent 3-year
976	976	9 time period. The report shall also identify, by facility, the
977	977	10 staff-to-patient ratios taking account of direct care staff
978	978	11 only. The report shall also include detailed recommended
979	979	12 administrative actions and matters for consideration by the
980	980	13 General Assembly.
981	981	14 (w) Program audit. The Auditor General shall conduct a
982	982	15 program audit of the Office of the Inspector General on an
983	983	16 as-needed basis, as determined by the Auditor General. The
984	984	17 audit shall specifically include the Inspector General's
985	985	18 compliance with the Act and effectiveness in investigating
986	986	19 reports of allegations occurring in any facility or agency.
987	987	20 The Auditor General shall conduct the program audit according
988	988	21 to the provisions of the Illinois State Auditing Act and shall
989	989	22 report its findings to the General Assembly no later than
990	990	23 January 1 following the audit period.
991	991	24 (x) Nothing in this Section shall be construed to mean
992	992	25 that an individual is a victim of abuse or neglect because of
993	993	26 health care services appropriately provided or not provided by
994	994
995	995
996	996
997	997
998	998
999	999	SB2475 - 27 - LRB104 10922 KTG 21004 b
1000	1000
1001	1001
1002	1002	SB2475- 28 -LRB104 10922 KTG 21004 b SB2475 - 28 - LRB104 10922 KTG 21004 b
1003	1003	SB2475 - 28 - LRB104 10922 KTG 21004 b
1004	1004	1 health care professionals.
1005	1005	2 (y) Nothing in this Section shall require a facility,
1006	1006	3 including its employees, agents, medical staff members, and
1007	1007	4 health care professionals, to provide a service to an
1008	1008	5 individual in contravention of that individual's stated or
1009	1009	6 implied objection to the provision of that service on the
1010	1010	7 ground that that service conflicts with the individual's
1011	1011	8 religious beliefs or practices, nor shall the failure to
1012	1012	9 provide a service to an individual be considered abuse under
1013	1013	10 this Section if the individual has objected to the provision
1014	1014	11 of that service based on his or her religious beliefs or
1015	1015	12 practices.
1016	1016	13 (Source: P.A. 102-538, eff. 8-20-21; 102-883, eff. 5-13-22;
1017	1017	14 102-1071, eff. 6-10-22; 103-76, eff. 6-9-23; 103-154, eff.
1018	1018	15 6-30-23; 103-752, eff. 1-1-25.)
1019	1019	16 Section 10. The Rehabilitation of Persons with
1020	1020	17 Disabilities Act is amended by changing Sections 11 and 17 by
1021	1021	18 adding Section 11a as follows:
1022	1022	19 (20 ILCS 2405/11) (from Ch. 23, par. 3442)
1023	1023	20 Sec. 11. Illinois Center for Rehabilitation and
1024	1024	21 Education-Roosevelt. The Department shall operate and maintain
1025	1025	22 the Illinois Center for Rehabilitation and Education-Roosevelt
1026	1026	23 for the care and education of educable young adults with one or
1027	1027	24 more physical disabilities and provide in connection therewith
1028	1028
1029	1029
1030	1030
1031	1031
1032	1032
1033	1033	SB2475 - 28 - LRB104 10922 KTG 21004 b
1034	1034
1035	1035
1036	1036	SB2475- 29 -LRB104 10922 KTG 21004 b SB2475 - 29 - LRB104 10922 KTG 21004 b
1037	1037	SB2475 - 29 - LRB104 10922 KTG 21004 b
1038	1038	1 nursing and medical care and academic, occupational, and
1039	1039	2 related training to such young adults.
1040	1040	3 Any Illinois resident under the age of 22 years who is
1041	1041	4 educable but has such a severe physical disability as a result
1042	1042	5 of cerebral palsy, muscular dystrophy, spina bifida, or other
1043	1043	6 cause that he or she is unable to take advantage of the system
1044	1044	7 of free education in the State of Illinois, may be admitted to
1045	1045	8 the Center or be entitled to services and facilities provided
1046	1046	9 hereunder. Young adults shall be admitted to the Center or be
1047	1047	10 eligible for such services and facilities only after diagnosis
1048	1048	11 according to procedures approved for this purpose. The
1049	1049	12 Department may avail itself of the services of other public or
1050	1050	13 private agencies in determining any young adult's eligibility
1051	1051	14 for admission to, or discharge from, the Center.
1052	1052	15 The Department may call upon other agencies of the State
1053	1053	16 for such services as they are equipped to render in the care of
1054	1054	17 young adults with one or more physical disabilities, and such
1055	1055	18 agencies are instructed to render those services which are
1056	1056	19 consistent with their legal and administrative
1057	1057	20 responsibilities.
1058	1058	21 (Source: P.A. 102-264, eff. 8-6-21.)
1059	1059	22 (20 ILCS 2405/11a new)
1060	1060	23 Sec. 11a. Illinois Center for Rehabilitation and
1061	1061	24 Education-Wood. The Department shall operate and maintain the
1062	1062	25 Illinois Center for Rehabilitation and Education-Wood for the
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067
1068	1068	SB2475 - 29 - LRB104 10922 KTG 21004 b
1069	1069
1070	1070
1071	1071	SB2475- 30 -LRB104 10922 KTG 21004 b SB2475 - 30 - LRB104 10922 KTG 21004 b
1072	1072	SB2475 - 30 - LRB104 10922 KTG 21004 b
1073	1073	1 education of individuals who are blind, visually impaired, or
1074	1074	2 DeafBlind and are seeking competitive integrated employment.
1075	1075	3 Individuals who are blind, visually impaired, or DeafBlind
1076	1076	4 seeking services through the Illinois Center for
1077	1077	5 Rehabilitation and Education-Wood must meet all requirements
1078	1078	6 set forth in 89 Ill. Adm. Code 730.
1079	1079	7 The Department may avail itself of the services of other
1080	1080	8 public or private agencies in determining eligibility for
1081	1081	9 admission to or discharge from the Illinois Center for
1082	1082	10 Rehabilitation and Education-Wood.
1083	1083	11 The Department may call upon other agencies of the State
1084	1084	12 for such services as they are equipped to render in the
1085	1085	13 education of individuals who are blind, visually impaired, or
1086	1086	14 DeafBlind seeking competitive integrated employment, and such
1087	1087	15 agencies are instructed to render those services which are
1088	1088	16 consistent with their legal and administrative
1089	1089	17 responsibilities.
1090	1090	18 (20 ILCS 2405/17) (from Ch. 23, par. 3448)
1091	1091	19 Sec. 17. Child Abuse and Neglect Reports.
1092	1092	20 (a) All applicants for employment at the Illinois School
1093	1093	21 for the Visually Impaired, the Illinois School for the Deaf,
1094	1094	22 the Illinois Center for the Rehabilitation and
1095	1095	23 Education-Roosevelt, and the Illinois Center for the
1096	1096	24 Rehabilitation and Education-Wood shall as a condition of
1097	1097	25 employment authorize, in writing on a form prescribed by the
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103	SB2475 - 30 - LRB104 10922 KTG 21004 b
1104	1104
1105	1105
1106	1106	SB2475- 31 -LRB104 10922 KTG 21004 b SB2475 - 31 - LRB104 10922 KTG 21004 b
1107	1107	SB2475 - 31 - LRB104 10922 KTG 21004 b
1108	1108	1 Department of Children and Family Services, an investigation
1109	1109	2 of the Central Register, as defined in the Abused and
1110	1110	3 Neglected Child Reporting Act, to ascertain if the applicant
1111	1111	4 has been determined to be a perpetrator in an indicated report
1112	1112	5 of child abuse or neglect.
1113	1113	6 (b) The information concerning a prospective employee
1114	1114	7 obtained by the Department shall be confidential and exempt
1115	1115	8 from public inspection and copying, as provided under Section
1116	1116	9 7 of The Freedom of Information Act, and the information shall
1117	1117	10 not be transmitted outside the Department, except as provided
1118	1118	11 in the Abused and Neglected Child Reporting Act, and shall not
1119	1119	12 be transmitted to anyone within the Department except as
1120	1120	13 needed for the purposes of evaluation of an application for
1121	1121	14 employment.
1122	1122	15 (Source: P.A. 88-172.)
1123	1123	16 Section 12. The School Code is amended by changing Section
1124	1124	17 14-8.02 as follows:
1125	1125	18 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
1126	1126	19 Sec. 14-8.02. Identification, evaluation, and placement of
1127	1127	20 children.
1128	1128	21 (a) The State Board of Education shall make rules under
1129	1129	22 which local school boards shall determine the eligibility of
1130	1130	23 children to receive special education. Such rules shall ensure
1131	1131	24 that a free appropriate public education be available to all
1132	1132
1133	1133
1134	1134
1135	1135
1136	1136
1137	1137	SB2475 - 31 - LRB104 10922 KTG 21004 b
1138	1138
1139	1139
1140	1140	SB2475- 32 -LRB104 10922 KTG 21004 b SB2475 - 32 - LRB104 10922 KTG 21004 b
1141	1141	SB2475 - 32 - LRB104 10922 KTG 21004 b
1142	1142	1 children with disabilities as defined in Section 14-1.02. The
1143	1143	2 State Board of Education shall require local school districts
1144	1144	3 to administer non-discriminatory procedures or tests to
1145	1145	4 English learners coming from homes in which a language other
1146	1146	5 than English is used to determine their eligibility to receive
1147	1147	6 special education. The placement of low English proficiency
1148	1148	7 students in special education programs and facilities shall be
1149	1149	8 made in accordance with the test results reflecting the
1150	1150	9 student's linguistic, cultural and special education needs.
1151	1151	10 For purposes of determining the eligibility of children the
1152	1152	11 State Board of Education shall include in the rules
1153	1153	12 definitions of "case study", "staff conference",
1154	1154	13 "individualized educational program", and "qualified
1155	1155	14 specialist" appropriate to each category of children with
1156	1156	15 disabilities as defined in this Article. For purposes of
1157	1157	16 determining the eligibility of children from homes in which a
1158	1158	17 language other than English is used, the State Board of
1159	1159	18 Education shall include in the rules definitions for
1160	1160	19 "qualified bilingual specialists" and "linguistically and
1161	1161	20 culturally appropriate individualized educational programs".
1162	1162	21 For purposes of this Section, as well as Sections 14-8.02a,
1163	1163	22 14-8.02b, and 14-8.02c of this Code, "parent" means a parent
1164	1164	23 as defined in the federal Individuals with Disabilities
1165	1165	24 Education Act (20 U.S.C. 1401(23)).
1166	1166	25 (b) No child shall be eligible for special education
1167	1167	26 facilities except with a carefully completed case study fully
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173	SB2475 - 32 - LRB104 10922 KTG 21004 b
1174	1174
1175	1175
1176	1176	SB2475- 33 -LRB104 10922 KTG 21004 b SB2475 - 33 - LRB104 10922 KTG 21004 b
1177	1177	SB2475 - 33 - LRB104 10922 KTG 21004 b
1178	1178	1 reviewed by professional personnel in a multidisciplinary
1179	1179	2 staff conference and only upon the recommendation of qualified
1180	1180	3 specialists or a qualified bilingual specialist, if available.
1181	1181	4 At the conclusion of the multidisciplinary staff conference,
1182	1182	5 the parent of the child and, if the child is in the legal
1183	1183	6 custody of the Department of Children and Family Services, the
1184	1184	7 Department's Office of Education and Transition Services shall
1185	1185	8 be given a copy of the multidisciplinary conference summary
1186	1186	9 report and recommendations, which includes options considered,
1187	1187	10 and, in the case of the parent, be informed of his or her right
1188	1188	11 to obtain an independent educational evaluation if he or she
1189	1189	12 disagrees with the evaluation findings conducted or obtained
1190	1190	13 by the school district. If the school district's evaluation is
1191	1191	14 shown to be inappropriate, the school district shall reimburse
1192	1192	15 the parent for the cost of the independent evaluation. The
1193	1193	16 State Board of Education shall, with advice from the State
1194	1194	17 Advisory Council on Education of Children with Disabilities on
1195	1195	18 the inclusion of specific independent educational evaluators,
1196	1196	19 prepare a list of suggested independent educational
1197	1197	20 evaluators. The State Board of Education shall include on the
1198	1198	21 list clinical psychologists licensed pursuant to the Clinical
1199	1199	22 Psychologist Licensing Act. Such psychologists shall not be
1200	1200	23 paid fees in excess of the amount that would be received by a
1201	1201	24 school psychologist for performing the same services. The
1202	1202	25 State Board of Education shall supply school districts with
1203	1203	26 such list and make the list available to parents at their
1204	1204
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209	SB2475 - 33 - LRB104 10922 KTG 21004 b
1210	1210
1211	1211
1212	1212	SB2475- 34 -LRB104 10922 KTG 21004 b SB2475 - 34 - LRB104 10922 KTG 21004 b
1213	1213	SB2475 - 34 - LRB104 10922 KTG 21004 b
1214	1214	1 request. School districts shall make the list available to
1215	1215	2 parents at the time they are informed of their right to obtain
1216	1216	3 an independent educational evaluation. However, the school
1217	1217	4 district may initiate an impartial due process hearing under
1218	1218	5 this Section within 5 days of any written parent request for an
1219	1219	6 independent educational evaluation to show that its evaluation
1220	1220	7 is appropriate. If the final decision is that the evaluation
1221	1221	8 is appropriate, the parent still has a right to an independent
1222	1222	9 educational evaluation, but not at public expense. An
1223	1223	10 independent educational evaluation at public expense must be
1224	1224	11 completed within 30 days of a parent's written request unless
1225	1225	12 the school district initiates an impartial due process hearing
1226	1226	13 or the parent or school district offers reasonable grounds to
1227	1227	14 show that such 30-day time period should be extended. If the
1228	1228	15 due process hearing decision indicates that the parent is
1229	1229	16 entitled to an independent educational evaluation, it must be
1230	1230	17 completed within 30 days of the decision unless the parent or
1231	1231	18 the school district offers reasonable grounds to show that
1232	1232	19 such 30-day period should be extended. If a parent disagrees
1233	1233	20 with the summary report or recommendations of the
1234	1234	21 multidisciplinary conference or the findings of any
1235	1235	22 educational evaluation which results therefrom, the school
1236	1236	23 district shall not proceed with a placement based upon such
1237	1237	24 evaluation and the child shall remain in his or her regular
1238	1238	25 classroom setting. No child shall be eligible for admission to
1239	1239	26 a special class for children with a mental disability who are
1240	1240
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245	SB2475 - 34 - LRB104 10922 KTG 21004 b
1246	1246
1247	1247
1248	1248	SB2475- 35 -LRB104 10922 KTG 21004 b SB2475 - 35 - LRB104 10922 KTG 21004 b
1249	1249	SB2475 - 35 - LRB104 10922 KTG 21004 b
1250	1250	1 educable or for children with a mental disability who are
1251	1251	2 trainable except with a psychological evaluation and
1252	1252	3 recommendation by a school psychologist. Consent shall be
1253	1253	4 obtained from the parent of a child before any evaluation is
1254	1254	5 conducted. If consent is not given by the parent or if the
1255	1255	6 parent disagrees with the findings of the evaluation, then the
1256	1256	7 school district may initiate an impartial due process hearing
1257	1257	8 under this Section. The school district may evaluate the child
1258	1258	9 if that is the decision resulting from the impartial due
1259	1259	10 process hearing and the decision is not appealed or if the
1260	1260	11 decision is affirmed on appeal. The determination of
1261	1261	12 eligibility shall be made and the IEP meeting shall be
1262	1262	13 completed within 60 school days from the date of written
1263	1263	14 parental consent. In those instances when written parental
1264	1264	15 consent is obtained with fewer than 60 pupil attendance days
1265	1265	16 left in the school year, the eligibility determination shall
1266	1266	17 be made and the IEP meeting shall be completed prior to the
1267	1267	18 first day of the following school year. Special education and
1268	1268	19 related services must be provided in accordance with the
1269	1269	20 student's IEP no later than 10 school attendance days after
1270	1270	21 notice is provided to the parents pursuant to Section 300.503
1271	1271	22 of Title 34 of the Code of Federal Regulations and
1272	1272	23 implementing rules adopted by the State Board of Education.
1273	1273	24 The appropriate program pursuant to the individualized
1274	1274	25 educational program of students whose native tongue is a
1275	1275	26 language other than English shall reflect the special
1276	1276
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281	SB2475 - 35 - LRB104 10922 KTG 21004 b
1282	1282
1283	1283
1284	1284	SB2475- 36 -LRB104 10922 KTG 21004 b SB2475 - 36 - LRB104 10922 KTG 21004 b
1285	1285	SB2475 - 36 - LRB104 10922 KTG 21004 b
1286	1286	1 education, cultural and linguistic needs. No later than
1287	1287	2 September 1, 1993, the State Board of Education shall
1288	1288	3 establish standards for the development, implementation and
1289	1289	4 monitoring of appropriate bilingual special individualized
1290	1290	5 educational programs. The State Board of Education shall
1291	1291	6 further incorporate appropriate monitoring procedures to
1292	1292	7 verify implementation of these standards. The district shall
1293	1293	8 indicate to the parent, the State Board of Education, and, if
1294	1294	9 applicable, the Department's Office of Education and
1295	1295	10 Transition Services the nature of the services the child will
1296	1296	11 receive for the regular school term while awaiting placement
1297	1297	12 in the appropriate special education class. At the child's
1298	1298	13 initial IEP meeting and at each annual review meeting, the
1299	1299	14 child's IEP team shall provide the child's parent or guardian
1300	1300	15 and, if applicable, the Department's Office of Education and
1301	1301	16 Transition Services with a written notification that informs
1302	1302	17 the parent or guardian or the Department's Office of Education
1303	1303	18 and Transition Services that the IEP team is required to
1304	1304	19 consider whether the child requires assistive technology in
1305	1305	20 order to receive free, appropriate public education. The
1306	1306	21 notification must also include a toll-free telephone number
1307	1307	22 and internet address for the State's assistive technology
1308	1308	23 program.
1309	1309	24 If the child is deaf, hard of hearing, blind, or visually
1310	1310	25 impaired or has an orthopedic impairment or physical
1311	1311	26 disability and he or she might be eligible to receive services
1312	1312
1313	1313
1314	1314
1315	1315
1316	1316
1317	1317	SB2475 - 36 - LRB104 10922 KTG 21004 b
1318	1318
1319	1319
1320	1320	SB2475- 37 -LRB104 10922 KTG 21004 b SB2475 - 37 - LRB104 10922 KTG 21004 b
1321	1321	SB2475 - 37 - LRB104 10922 KTG 21004 b
1322	1322	1 from the Illinois School for the Deaf, the Illinois School for
1323	1323	2 the Visually Impaired, the Illinois Center for Rehabilitation
1324	1324	3 and Education-Wood, or the Illinois Center for Rehabilitation
1325	1325	4 and Education-Roosevelt, the school district shall notify the
1326	1326	5 parents, in writing, of the existence of these schools and the
1327	1327	6 services they provide and shall make a reasonable effort to
1328	1328	7 inform the parents of the existence of other, local schools
1329	1329	8 that provide similar services and the services that these
1330	1330	9 other schools provide. This notification shall include,
1331	1331	10 without limitation, information on school services, school
1332	1332	11 admissions criteria, and school contact information.
1333	1333	12 In the development of the individualized education program
1334	1334	13 for a student who has a disability on the autism spectrum
1335	1335	14 (which includes autistic disorder, Asperger's disorder,
1336	1336	15 pervasive developmental disorder not otherwise specified,
1337	1337	16 childhood disintegrative disorder, and Rett Syndrome, as
1338	1338	17 defined in the Diagnostic and Statistical Manual of Mental
1339	1339	18 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
1340	1340	19 consider all of the following factors:
1341	1341	20 (1) The verbal and nonverbal communication needs of
1342	1342	21 the child.
1343	1343	22 (2) The need to develop social interaction skills and
1344	1344	23 proficiencies.
1345	1345	24 (3) The needs resulting from the child's unusual
1346	1346	25 responses to sensory experiences.
1347	1347	26 (4) The needs resulting from resistance to
1348	1348
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353	SB2475 - 37 - LRB104 10922 KTG 21004 b
1354	1354
1355	1355
1356	1356	SB2475- 38 -LRB104 10922 KTG 21004 b SB2475 - 38 - LRB104 10922 KTG 21004 b
1357	1357	SB2475 - 38 - LRB104 10922 KTG 21004 b
1358	1358	1 environmental change or change in daily routines.
1359	1359	2 (5) The needs resulting from engagement in repetitive
1360	1360	3 activities and stereotyped movements.
1361	1361	4 (6) The need for any positive behavioral
1362	1362	5 interventions, strategies, and supports to address any
1363	1363	6 behavioral difficulties resulting from autism spectrum
1364	1364	7 disorder.
1365	1365	8 (7) Other needs resulting from the child's disability
1366	1366	9 that impact progress in the general curriculum, including
1367	1367	10 social and emotional development.
1368	1368	11 Public Act 95-257 does not create any new entitlement to a
1369	1369	12 service, program, or benefit, but must not affect any
1370	1370	13 entitlement to a service, program, or benefit created by any
1371	1371	14 other law.
1372	1372	15 If the student may be eligible to participate in the
1373	1373	16 Home-Based Support Services Program for Adults with Mental
1374	1374	17 Disabilities authorized under the Developmental Disability and
1375	1375	18 Mental Disability Services Act upon becoming an adult, the
1376	1376	19 student's individualized education program shall include plans
1377	1377	20 for (i) determining the student's eligibility for those
1378	1378	21 home-based services, (ii) enrolling the student in the program
1379	1379	22 of home-based services, and (iii) developing a plan for the
1380	1380	23 student's most effective use of the home-based services after
1381	1381	24 the student becomes an adult and no longer receives special
1382	1382	25 educational services under this Article. The plans developed
1383	1383	26 under this paragraph shall include specific actions to be
1384	1384
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389	SB2475 - 38 - LRB104 10922 KTG 21004 b
1390	1390
1391	1391
1392	1392	SB2475- 39 -LRB104 10922 KTG 21004 b SB2475 - 39 - LRB104 10922 KTG 21004 b
1393	1393	SB2475 - 39 - LRB104 10922 KTG 21004 b
1394	1394	1 taken by specified individuals, agencies, or officials.
1395	1395	2 (c) In the development of the individualized education
1396	1396	3 program for a student who is functionally blind, it shall be
1397	1397	4 presumed that proficiency in Braille reading and writing is
1398	1398	5 essential for the student's satisfactory educational progress.
1399	1399	6 For purposes of this subsection, the State Board of Education
1400	1400	7 shall determine the criteria for a student to be classified as
1401	1401	8 functionally blind. Students who are not currently identified
1402	1402	9 as functionally blind who are also entitled to Braille
1403	1403	10 instruction include: (i) those whose vision loss is so severe
1404	1404	11 that they are unable to read and write at a level comparable to
1405	1405	12 their peers solely through the use of vision, and (ii) those
1406	1406	13 who show evidence of progressive vision loss that may result
1407	1407	14 in functional blindness. Each student who is functionally
1408	1408	15 blind shall be entitled to Braille reading and writing
1409	1409	16 instruction that is sufficient to enable the student to
1410	1410	17 communicate with the same level of proficiency as other
1411	1411	18 students of comparable ability. Instruction should be provided
1412	1412	19 to the extent that the student is physically and cognitively
1413	1413	20 able to use Braille. Braille instruction may be used in
1414	1414	21 combination with other special education services appropriate
1415	1415	22 to the student's educational needs. The assessment of each
1416	1416	23 student who is functionally blind for the purpose of
1417	1417	24 developing the student's individualized education program
1418	1418	25 shall include documentation of the student's strengths and
1419	1419	26 weaknesses in Braille skills. Each person assisting in the
1420	1420
1421	1421
1422	1422
1423	1423
1424	1424
1425	1425	SB2475 - 39 - LRB104 10922 KTG 21004 b
1426	1426
1427	1427
1428	1428	SB2475- 40 -LRB104 10922 KTG 21004 b SB2475 - 40 - LRB104 10922 KTG 21004 b
1429	1429	SB2475 - 40 - LRB104 10922 KTG 21004 b
1430	1430	1 development of the individualized education program for a
1431	1431	2 student who is functionally blind shall receive information
1432	1432	3 describing the benefits of Braille instruction. The
1433	1433	4 individualized education program for each student who is
1434	1434	5 functionally blind shall specify the appropriate learning
1435	1435	6 medium or media based on the assessment report.
1436	1436	7 (d) To the maximum extent appropriate, the placement shall
1437	1437	8 provide the child with the opportunity to be educated with
1438	1438	9 children who do not have a disability; provided that children
1439	1439	10 with disabilities who are recommended to be placed into
1440	1440	11 regular education classrooms are provided with supplementary
1441	1441	12 services to assist the children with disabilities to benefit
1442	1442	13 from the regular classroom instruction and are included on the
1443	1443	14 teacher's regular education class register. Subject to the
1444	1444	15 limitation of the preceding sentence, placement in special
1445	1445	16 classes, separate schools or other removal of the child with a
1446	1446	17 disability from the regular educational environment shall
1447	1447	18 occur only when the nature of the severity of the disability is
1448	1448	19 such that education in the regular classes with the use of
1449	1449	20 supplementary aids and services cannot be achieved
1450	1450	21 satisfactorily. The placement of English learners with
1451	1451	22 disabilities shall be in non-restrictive environments which
1452	1452	23 provide for integration with peers who do not have
1453	1453	24 disabilities in bilingual classrooms. Annually, each January,
1454	1454	25 school districts shall report data on students from
1455	1455	26 non-English speaking backgrounds receiving special education
1456	1456
1457	1457
1458	1458
1459	1459
1460	1460
1461	1461	SB2475 - 40 - LRB104 10922 KTG 21004 b
1462	1462
1463	1463
1464	1464	SB2475- 41 -LRB104 10922 KTG 21004 b SB2475 - 41 - LRB104 10922 KTG 21004 b
1465	1465	SB2475 - 41 - LRB104 10922 KTG 21004 b
1466	1466	1 and related services in public and private facilities as
1467	1467	2 prescribed in Section 2-3.30. If there is a disagreement
1468	1468	3 between parties involved regarding the special education
1469	1469	4 placement of any child, either in-state or out-of-state, the
1470	1470	5 placement is subject to impartial due process procedures
1471	1471	6 described in Article 10 of the Rules and Regulations to Govern
1472	1472	7 the Administration and Operation of Special Education.
1473	1473	8 (e) No child who comes from a home in which a language
1474	1474	9 other than English is the principal language used may be
1475	1475	10 assigned to any class or program under this Article until he
1476	1476	11 has been given, in the principal language used by the child and
1477	1477	12 used in his home, tests reasonably related to his cultural
1478	1478	13 environment. All testing and evaluation materials and
1479	1479	14 procedures utilized for evaluation and placement shall not be
1480	1480	15 linguistically, racially or culturally discriminatory.
1481	1481	16 (f) Nothing in this Article shall be construed to require
1482	1482	17 any child to undergo any physical examination or medical
1483	1483	18 treatment whose parents object thereto on the grounds that
1484	1484	19 such examination or treatment conflicts with his religious
1485	1485	20 beliefs.
1486	1486	21 (g) School boards or their designee shall provide to the
1487	1487	22 parents of a child or, if applicable, the Department of
1488	1488	23 Children and Family Services' Office of Education and
1489	1489	24 Transition Services prior written notice of any decision (a)
1490	1490	25 proposing to initiate or change, or (b) refusing to initiate
1491	1491	26 or change, the identification, evaluation, or educational
1492	1492
1493	1493
1494	1494
1495	1495
1496	1496
1497	1497	SB2475 - 41 - LRB104 10922 KTG 21004 b
1498	1498
1499	1499
1500	1500	SB2475- 42 -LRB104 10922 KTG 21004 b SB2475 - 42 - LRB104 10922 KTG 21004 b
1501	1501	SB2475 - 42 - LRB104 10922 KTG 21004 b
1502	1502	1 placement of the child or the provision of a free appropriate
1503	1503	2 public education to their child, and the reasons therefor. For
1504	1504	3 a parent, such written notification shall also inform the
1505	1505	4 parent of the opportunity to present complaints with respect
1506	1506	5 to any matter relating to the educational placement of the
1507	1507	6 student, or the provision of a free appropriate public
1508	1508	7 education and to have an impartial due process hearing on the
1509	1509	8 complaint. The notice shall inform the parents in the parents'
1510	1510	9 native language, unless it is clearly not feasible to do so, of
1511	1511	10 their rights and all procedures available pursuant to this Act
1512	1512	11 and the federal Individuals with Disabilities Education
1513	1513	12 Improvement Act of 2004 (Public Law 108-446); it shall be the
1514	1514	13 responsibility of the State Superintendent to develop uniform
1515	1515	14 notices setting forth the procedures available under this Act
1516	1516	15 and the federal Individuals with Disabilities Education
1517	1517	16 Improvement Act of 2004 (Public Law 108-446) to be used by all
1518	1518	17 school boards. The notice shall also inform the parents of the
1519	1519	18 availability upon request of a list of free or low-cost legal
1520	1520	19 and other relevant services available locally to assist
1521	1521	20 parents in initiating an impartial due process hearing. The
1522	1522	21 State Superintendent shall revise the uniform notices required
1523	1523	22 by this subsection (g) to reflect current law and procedures
1524	1524	23 at least once every 2 years. Any parent who is deaf or does not
1525	1525	24 normally communicate using spoken English and who participates
1526	1526	25 in a meeting with a representative of a local educational
1527	1527	26 agency for the purposes of developing an individualized
1528	1528
1529	1529
1530	1530
1531	1531
1532	1532
1533	1533	SB2475 - 42 - LRB104 10922 KTG 21004 b
1534	1534
1535	1535
1536	1536	SB2475- 43 -LRB104 10922 KTG 21004 b SB2475 - 43 - LRB104 10922 KTG 21004 b
1537	1537	SB2475 - 43 - LRB104 10922 KTG 21004 b
1538	1538	1 educational program or attends a multidisciplinary conference
1539	1539	2 shall be entitled to the services of an interpreter. The State
1540	1540	3 Board of Education must adopt rules to establish the criteria,
1541	1541	4 standards, and competencies for a bilingual language
1542	1542	5 interpreter who attends an individualized education program
1543	1543	6 meeting under this subsection to assist a parent who has
1544	1544	7 limited English proficiency.
1545	1545	8 (g-5) For purposes of this subsection (g-5), "qualified
1546	1546	9 professional" means an individual who holds credentials to
1547	1547	10 evaluate the child in the domain or domains for which an
1548	1548	11 evaluation is sought or an intern working under the direct
1549	1549	12 supervision of a qualified professional, including a master's
1550	1550	13 or doctoral degree candidate.
1551	1551	14 To ensure that a parent can participate fully and
1552	1552	15 effectively with school personnel in the development of
1553	1553	16 appropriate educational and related services for his or her
1554	1554	17 child, the parent, an independent educational evaluator, or a
1555	1555	18 qualified professional retained by or on behalf of a parent or
1556	1556	19 child must be afforded reasonable access to educational
1557	1557	20 facilities, personnel, classrooms, and buildings and to the
1558	1558	21 child as provided in this subsection (g-5). The requirements
1559	1559	22 of this subsection (g-5) apply to any public school facility,
1560	1560	23 building, or program and to any facility, building, or program
1561	1561	24 supported in whole or in part by public funds. Prior to
1562	1562	25 visiting a school, school building, or school facility, the
1563	1563	26 parent, independent educational evaluator, or qualified
1564	1564
1565	1565
1566	1566
1567	1567
1568	1568
1569	1569	SB2475 - 43 - LRB104 10922 KTG 21004 b
1570	1570
1571	1571
1572	1572	SB2475- 44 -LRB104 10922 KTG 21004 b SB2475 - 44 - LRB104 10922 KTG 21004 b
1573	1573	SB2475 - 44 - LRB104 10922 KTG 21004 b
1574	1574	1 professional may be required by the school district to inform
1575	1575	2 the building principal or supervisor in writing of the
1576	1576	3 proposed visit, the purpose of the visit, and the approximate
1577	1577	4 duration of the visit. The visitor and the school district
1578	1578	5 shall arrange the visit or visits at times that are mutually
1579	1579	6 agreeable. Visitors shall comply with school safety, security,
1580	1580	7 and visitation policies at all times. School district
1581	1581	8 visitation policies must not conflict with this subsection
1582	1582	9 (g-5). Visitors shall be required to comply with the
1583	1583	10 requirements of applicable privacy laws, including those laws
1584	1584	11 protecting the confidentiality of education records such as
1585	1585	12 the federal Family Educational Rights and Privacy Act and the
1586	1586	13 Illinois School Student Records Act. The visitor shall not
1587	1587	14 disrupt the educational process.
1588	1588	15 (1) A parent must be afforded reasonable access of
1589	1589	16 sufficient duration and scope for the purpose of observing
1590	1590	17 his or her child in the child's current educational
1591	1591	18 placement, services, or program or for the purpose of
1592	1592	19 visiting an educational placement or program proposed for
1593	1593	20 the child.
1594	1594	21 (2) An independent educational evaluator or a
1595	1595	22 qualified professional retained by or on behalf of a
1596	1596	23 parent or child must be afforded reasonable access of
1597	1597	24 sufficient duration and scope for the purpose of
1598	1598	25 conducting an evaluation of the child, the child's
1599	1599	26 performance, the child's current educational program,
1600	1600
1601	1601
1602	1602
1603	1603
1604	1604
1605	1605	SB2475 - 44 - LRB104 10922 KTG 21004 b
1606	1606
1607	1607
1608	1608	SB2475- 45 -LRB104 10922 KTG 21004 b SB2475 - 45 - LRB104 10922 KTG 21004 b
1609	1609	SB2475 - 45 - LRB104 10922 KTG 21004 b
1610	1610	1 placement, services, or environment, or any educational
1611	1611	2 program, placement, services, or environment proposed for
1612	1612	3 the child, including interviews of educational personnel,
1613	1613	4 child observations, assessments, tests or assessments of
1614	1614	5 the child's educational program, services, or placement or
1615	1615	6 of any proposed educational program, services, or
1616	1616	7 placement. If one or more interviews of school personnel
1617	1617	8 are part of the evaluation, the interviews must be
1618	1618	9 conducted at a mutually agreed-upon time, date, and place
1619	1619	10 that do not interfere with the school employee's school
1620	1620	11 duties. The school district may limit interviews to
1621	1621	12 personnel having information relevant to the child's
1622	1622	13 current educational services, program, or placement or to
1623	1623	14 a proposed educational service, program, or placement.
1624	1624	15 (h) In the development of the individualized education
1625	1625	16 program or federal Section 504 plan for a student, if the
1626	1626	17 student needs extra accommodation during emergencies,
1627	1627	18 including natural disasters or an active shooter situation,
1628	1628	19 then that accommodation shall be taken into account when
1629	1629	20 developing the student's individualized education program or
1630	1630	21 federal Section 504 plan.
1631	1631	22 (Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
1632	1632	23 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
1633	1633	24 6-10-22; 103-197, eff. 1-1-24; 103-605, eff. 7-1-24.)
1634	1634	25 Section 15. The Community-Integrated Living Arrangements
1635	1635
1636	1636
1637	1637
1638	1638
1639	1639
1640	1640	SB2475 - 45 - LRB104 10922 KTG 21004 b
1641	1641
1642	1642
1643	1643	SB2475- 46 -LRB104 10922 KTG 21004 b SB2475 - 46 - LRB104 10922 KTG 21004 b
1644	1644	SB2475 - 46 - LRB104 10922 KTG 21004 b
1645	1645	1 Licensure and Certification Act is amended by changing
1646	1646	2 Sections 2, 3, 4, 6, 8, and 10, as follows:
1647	1647	3 (210 ILCS 135/2) (from Ch. 91 1/2, par. 1702)
1648	1648	4 Sec. 2. The purpose of this Act is to promote the operation
1649	1649	5 of community-integrated living arrangements for the
1650	1650	6 supervision of persons with mental illness and persons with a
1651	1651	7 developmental disability by licensing community mental health
1652	1652	8 or developmental services agencies to provide an array of
1653	1653	9 community-integrated living arrangements for such individuals.
1654	1654	10 These community-integrated living arrangements are intended to
1655	1655	11 promote independence in daily living and economic
1656	1656	12 self-sufficiency. The licensed community mental health or
1657	1657	13 developmental services agencies in turn shall be required to
1658	1658	14 certify to the Department that the programs and placements
1659	1659	15 provided in the community-integrated living arrangements
1660	1660	16 comply with this Act, the Mental Health and Developmental
1661	1661	17 Disabilities Code, and applicable Department rules and
1662	1662	18 regulations.
1663	1663	19 (Source: P.A. 88-380.)
1664	1664	20 (210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)
1665	1665	21 Sec. 3. As used in this Act, unless the context requires
1666	1666	22 otherwise:
1667	1667	23 (a) "Applicant" means a person, group of persons,
1668	1668	24 association, partnership or corporation that applies for a
1669	1669
1670	1670
1671	1671
1672	1672
1673	1673
1674	1674	SB2475 - 46 - LRB104 10922 KTG 21004 b
1675	1675
1676	1676
1677	1677	SB2475- 47 -LRB104 10922 KTG 21004 b SB2475 - 47 - LRB104 10922 KTG 21004 b
1678	1678	SB2475 - 47 - LRB104 10922 KTG 21004 b
1679	1679	1 license as a community mental health or developmental services
1680	1680	2 agency under this Act.
1681	1681	3 (b) "Community mental health or developmental services
1682	1682	4 agency" or "agency" means a public or private agency,
1683	1683	5 association, partnership, corporation or organization which,
1684	1684	6 pursuant to this Act, certifies community-integrated living
1685	1685	7 arrangements for persons with mental illness or persons with a
1686	1686	8 developmental disability.
1687	1687	9 (c) "Department" means the Department of Human Services
1688	1688	10 (as successor to the Department of Mental Health and
1689	1689	11 Developmental Disabilities).
1690	1690	12 (d) "Community-integrated living arrangement" means a
1691	1691	13 living arrangement certified by a community mental health or
1692	1692	14 developmental services agency under this Act where 8 or fewer
1693	1693	15 recipients with mental illness or recipients with a
1694	1694	16 developmental disability who reside under the supervision of
1695	1695	17 the agency. Examples of community-integrated living
1696	1696	18 arrangements include but are not limited to the following:
1697	1697	19 (1) "Adult foster care", a living arrangement for
1698	1698	20 recipients in residences of families unrelated to them,
1699	1699	21 for the purpose of providing family care for the
1700	1700	22 recipients on a full-time basis;
1701	1701	23 (2) "Assisted residential care", an independent living
1702	1702	24 arrangement where recipients are intermittently supervised
1703	1703	25 by off-site staff;
1704	1704	26 (3) "Crisis residential care", a non-medical living
1705	1705
1706	1706
1707	1707
1708	1708
1709	1709
1710	1710	SB2475 - 47 - LRB104 10922 KTG 21004 b
1711	1711
1712	1712
1713	1713	SB2475- 48 -LRB104 10922 KTG 21004 b SB2475 - 48 - LRB104 10922 KTG 21004 b
1714	1714	SB2475 - 48 - LRB104 10922 KTG 21004 b
1715	1715	1 arrangement where recipients in need of non-medical,
1716	1716	2 crisis services are supervised by on-site staff 24 hours a
1717	1717	3 day;
1718	1718	4 (4) "Home individual programs", living arrangements
1719	1719	5 for 2 unrelated adults outside the family home;
1720	1720	6 (5) "Supported residential care", a living arrangement
1721	1721	7 where recipients are supervised by on-site staff and such
1722	1722	8 supervision is provided less than 24 hours a day;
1723	1723	9 (6) "Community residential alternatives", as defined
1724	1724	10 in the Community Residential Alternatives Licensing Act;
1725	1725	11 and
1726	1726	12 (7) "Special needs trust-supported residential care",
1727	1727	13 a living arrangement where recipients are supervised by
1728	1728	14 on-site staff and that supervision is provided 24 hours
1729	1729	15 per day or less, as dictated by the needs of the
1730	1730	16 recipients, and determined by service providers. As used
1731	1731	17 in this item (7), "special needs trust" means a trust for
1732	1732	18 the benefit of a beneficiary with a disability as
1733	1733	19 described in Section 1213 of the Illinois Trust Code.
1734	1734	20 (e) "Recipient" means a person who has received, is
1735	1735	21 receiving, or is in need of treatment or habilitation as those
1736	1736	22 terms are defined in the Mental Health and Developmental
1737	1737	23 Disabilities Code.
1738	1738	24 (f) "Unrelated" means that persons residing together in
1739	1739	25 programs or placements certified by a community mental health
1740	1740	26 or developmental services agency under this Act do not have
1741	1741
1742	1742
1743	1743
1744	1744
1745	1745
1746	1746	SB2475 - 48 - LRB104 10922 KTG 21004 b
1747	1747
1748	1748
1749	1749	SB2475- 49 -LRB104 10922 KTG 21004 b SB2475 - 49 - LRB104 10922 KTG 21004 b
1750	1750	SB2475 - 49 - LRB104 10922 KTG 21004 b
1751	1751	1 any of the following relationships by blood, marriage or
1752	1752	2 adoption: parent, son, daughter, brother, sister, grandparent,
1753	1753	3 uncle, aunt, nephew, niece, great grandparent, great uncle,
1754	1754	4 great aunt, stepbrother, stepsister, stepson, stepdaughter,
1755	1755	5 stepparent or first cousin.
1756	1756	6 (Source: P.A. 101-48, eff. 1-1-20.)
1757	1757	7 (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
1758	1758	8 Sec. 4. (a) Any community mental health or developmental
1759	1759	9 services agency who wishes to develop and support a variety of
1760	1760	10 community-integrated living arrangements may do so pursuant to
1761	1761	11 a license issued by the Department under this Act. However,
1762	1762	12 programs established under or otherwise subject to the Child
1763	1763	13 Care Act of 1969, the Nursing Home Care Act, the Specialized
1764	1764	14 Mental Health Rehabilitation Act of 2013, the ID/DD Community
1765	1765	15 Care Act, or the MC/DD Act, as now or hereafter amended, shall
1766	1766	16 remain subject thereto, and this Act shall not be construed to
1767	1767	17 limit the application of those Acts.
1768	1768	18 (b) The system of licensure established under this Act
1769	1769	19 shall be for the purposes of:
1770	1770	20 (1) ensuring that all recipients residing in
1771	1771	21 community-integrated living arrangements are receiving
1772	1772	22 appropriate community-based services, including
1773	1773	23 treatment, training and habilitation or rehabilitation;
1774	1774	24 (2) ensuring that recipients' rights are protected and
1775	1775	25 that all programs provided to and placements arranged for
1776	1776
1777	1777
1778	1778
1779	1779
1780	1780
1781	1781	SB2475 - 49 - LRB104 10922 KTG 21004 b
1782	1782
1783	1783
1784	1784	SB2475- 50 -LRB104 10922 KTG 21004 b SB2475 - 50 - LRB104 10922 KTG 21004 b
1785	1785	SB2475 - 50 - LRB104 10922 KTG 21004 b
1786	1786	1 recipients comply with this Act, the Mental Health and
1787	1787	2 Developmental Disabilities Code, and applicable Department
1788	1788	3 rules and regulations;
1789	1789	4 (3) maintaining the integrity of communities by
1790	1790	5 requiring regular monitoring and inspection of placements
1791	1791	6 and other services provided in community-integrated living
1792	1792	7 arrangements.
1793	1793	8 The licensure system shall be administered by a quality
1794	1794	9 assurance unit within the Department which shall be
1795	1795	10 administratively independent of units responsible for funding
1796	1796	11 of agencies or community services.
1797	1797	12 (c) As a condition of being licensed by the Department as a
1798	1798	13 community mental health or developmental services agency under
1799	1799	14 this Act, the agency shall certify to the Department that:
1800	1800	15 (1) all recipients residing in community-integrated
1801	1801	16 living arrangements are receiving appropriate
1802	1802	17 community-based services, including treatment, training
1803	1803	18 and habilitation or rehabilitation;
1804	1804	19 (2) all programs provided to and placements arranged
1805	1805	20 for recipients are supervised by the agency; and
1806	1806	21 (3) all programs provided to and placements arranged
1807	1807	22 for recipients comply with this Act, the Mental Health and
1808	1808	23 Developmental Disabilities Code, and applicable Department
1809	1809	24 rules and regulations.
1810	1810	25 (c-5) Each developmental services agency licensed under
1811	1811	26 this Act shall submit an annual report to the Department, as a
1812	1812
1813	1813
1814	1814
1815	1815
1816	1816
1817	1817	SB2475 - 50 - LRB104 10922 KTG 21004 b
1818	1818
1819	1819
1820	1820	SB2475- 51 -LRB104 10922 KTG 21004 b SB2475 - 51 - LRB104 10922 KTG 21004 b
1821	1821	SB2475 - 51 - LRB104 10922 KTG 21004 b
1822	1822	1 contractual requirement between the Department and the
1823	1823	2 developmental services agency, certifying that all
1824	1824	3 legislatively or administratively mandated wage increases to
1825	1825	4 benefit workers are passed through in accordance with the
1826	1826	5 legislative or administrative mandate. The Department shall
1827	1827	6 determine the manner and form of the annual report.
1828	1828	7 (d) An applicant for licensure as a community mental
1829	1829	8 health or developmental services agency under this Act shall
1830	1830	9 submit an application pursuant to the application process
1831	1831	10 established by the Department by rule and shall pay an
1832	1832	11 application fee in an amount established by the Department,
1833	1833	12 which amount shall not be more than $200.
1834	1834	13 (e) If an applicant meets the requirements established by
1835	1835	14 the Department to be licensed as a community mental health or
1836	1836	15 developmental services agency under this Act, after payment of
1837	1837	16 the licensing fee, the Department shall issue a license valid
1838	1838	17 for 3 years from the date thereof unless suspended or revoked
1839	1839	18 by the Department or voluntarily surrendered by the agency.
1840	1840	19 (f) Upon application to the Department, the Department may
1841	1841	20 issue a temporary permit to an applicant for up to a 2-year
1842	1842	21 period to allow the holder of such permit reasonable time to
1843	1843	22 become eligible for a license under this Act.
1844	1844	23 (g)(1) The Department may conduct site visits to an agency
1845	1845	24 licensed under this Act, or to any program or placement
1846	1846	25 certified by the agency, and inspect the records or premises,
1847	1847	26 or both, of such agency, program or placement as it deems
1848	1848
1849	1849
1850	1850
1851	1851
1852	1852
1853	1853	SB2475 - 51 - LRB104 10922 KTG 21004 b
1854	1854
1855	1855
1856	1856	SB2475- 52 -LRB104 10922 KTG 21004 b SB2475 - 52 - LRB104 10922 KTG 21004 b
1857	1857	SB2475 - 52 - LRB104 10922 KTG 21004 b
1858	1858	1 appropriate, for the purpose of determining compliance with
1859	1859	2 this Act, the Mental Health and Developmental Disabilities
1860	1860	3 Code, and applicable Department rules and regulations. The
1861	1861	4 Department shall conduct inspections of the records and
1862	1862	5 premises of each community-integrated living arrangement
1863	1863	6 certified under this Act at least once every 2 years.
1864	1864	7 (2) If the Department determines that an agency licensed
1865	1865	8 under this Act is not in compliance with this Act or the rules
1866	1866	9 and regulations promulgated under this Act, the Department
1867	1867	10 shall serve a notice of violation upon the licensee. Each
1868	1868	11 notice of violation shall be prepared in writing and shall
1869	1869	12 specify the nature of the violation, the statutory provision
1870	1870	13 or rule alleged to have been violated, and that the licensee
1871	1871	14 submit a plan of correction to the Department if required. The
1872	1872	15 notice shall also inform the licensee of any other action
1873	1873	16 which the Department might take pursuant to this Act and of the
1874	1874	17 right to a hearing.
1875	1875	18 (g-5) As determined by the Department, a disproportionate
1876	1876	19 number or percentage of licensure complaints; a
1877	1877	20 disproportionate number or percentage of substantiated cases
1878	1878	21 of abuse, neglect, or exploitation involving an agency; an
1879	1879	22 apparent unnatural death of an individual served by an agency;
1880	1880	23 any egregious or life-threatening abuse or neglect within an
1881	1881	24 agency; or any other significant event as determined by the
1882	1882	25 Department shall initiate a review of the agency's license by
1883	1883	26 the Department, as well as a review of its service agreement
1884	1884
1885	1885
1886	1886
1887	1887
1888	1888
1889	1889	SB2475 - 52 - LRB104 10922 KTG 21004 b
1890	1890
1891	1891
1892	1892	SB2475- 53 -LRB104 10922 KTG 21004 b SB2475 - 53 - LRB104 10922 KTG 21004 b
1893	1893	SB2475 - 53 - LRB104 10922 KTG 21004 b
1894	1894	1 for funding. The Department shall adopt rules to establish the
1895	1895	2 process by which the determination to initiate a review shall
1896	1896	3 be made and the timeframe to initiate a review upon the making
1897	1897	4 of such determination.
1898	1898	5 (h) Upon the expiration of any license issued under this
1899	1899	6 Act, a license renewal application shall be required of and a
1900	1900	7 license renewal fee in an amount established by the Department
1901	1901	8 shall be charged to a community mental health or developmental
1902	1902	9 services agency, provided that such fee shall not be more than
1903	1903	10 $200.
1904	1904	11 (i) A public or private agency, association, partnership,
1905	1905	12 corporation, or organization that has had a license revoked
1906	1906	13 under subsection (b) of Section 6 of this Act may not apply for
1907	1907	14 or possess a license under a different name.
1908	1908	15 (Source: P.A. 102-944, eff. 1-1-23.)
1909	1909	16 (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
1910	1910	17 Sec. 6. (a) The Department shall deny an application for a
1911	1911	18 license, or revoke or refuse to renew the license of a
1912	1912	19 community mental health or developmental services agency, or
1913	1913	20 refuse to issue a license to the holder of a temporary permit,
1914	1914	21 if the Department determines that the applicant, agency or
1915	1915	22 permit holder has not complied with a provision of this Act,
1916	1916	23 the Mental Health and Developmental Disabilities Code, or
1917	1917	24 applicable Department rules and regulations. Specific grounds
1918	1918	25 for denial or revocation of a license, or refusal to renew a
1919	1919
1920	1920
1921	1921
1922	1922
1923	1923
1924	1924	SB2475 - 53 - LRB104 10922 KTG 21004 b
1925	1925
1926	1926
1927	1927	SB2475- 54 -LRB104 10922 KTG 21004 b SB2475 - 54 - LRB104 10922 KTG 21004 b
1928	1928	SB2475 - 54 - LRB104 10922 KTG 21004 b
1929	1929	1 license or to issue a license to the holder of a temporary
1930	1930	2 permit, shall include but not be limited to:
1931	1931	3 (1) Submission of false information either on
1932	1932	4 Department licensure forms or during an inspection;
1933	1933	5 (2) Refusal to allow an inspection to occur;
1934	1934	6 (3) Violation of this Act or rules and regulations
1935	1935	7 promulgated under this Act;
1936	1936	8 (4) Violation of the rights of a recipient;
1937	1937	9 (5) Failure to submit or implement a plan of
1938	1938	10 correction within the specified time period; or
1939	1939	11 (6) Failure to submit a workplace violence prevention
1940	1940	12 plan in compliance with the Health Care Workplace Violence
1941	1941	13 Prevention Act.
1942	1942	14 (b) If the Department determines that the operation of a
1943	1943	15 community mental health or developmental services agency or
1944	1944	16 one or more of the programs or placements certified by the
1945	1945	17 agency under this Act jeopardizes the health, safety or
1946	1946	18 welfare of the recipients served by the agency, the Department
1947	1947	19 may immediately revoke the agency's license and may direct the
1948	1948	20 agency to withdraw recipients from any such program or
1949	1949	21 placement. If an agency's license is revoked under this
1950	1950	22 subsection, then the Department or the Department's agents
1951	1951	23 shall have unimpeded, immediate, and full access to the
1952	1952	24 recipients served by that agency and the recipients'
1953	1953	25 medications, records, and personal possessions in order to
1954	1954	26 ensure a timely, safe, and smooth transition of those
1955	1955
1956	1956
1957	1957
1958	1958
1959	1959
1960	1960	SB2475 - 54 - LRB104 10922 KTG 21004 b
1961	1961
1962	1962
1963	1963	SB2475- 55 -LRB104 10922 KTG 21004 b SB2475 - 55 - LRB104 10922 KTG 21004 b
1964	1964	SB2475 - 55 - LRB104 10922 KTG 21004 b
1965	1965	1 individuals from the program or placement.
1966	1966	2 (c) Upon revocation of an agency's license under
1967	1967	3 subsection (b) of this Section, the agency shall continue
1968	1968	4 providing for the health, safety, and welfare of the
1969	1969	5 individuals that the agency was serving at the time the
1970	1970	6 agency's license was revoked during the period of transition.
1971	1971	7 The private, not-for-profit corporation designated by the
1972	1972	8 Governor to administer the State plan to protect and advocate
1973	1973	9 for the rights of persons with developmental disabilities
1974	1974	10 under Section 1 of the Protection and Advocacy for Persons
1975	1975	11 with Developmental Disabilities Act, contingent on State
1976	1976	12 funding from the Department, shall have unimpeded, immediate,
1977	1977	13 and full access to recipients and recipients' guardians to
1978	1978	14 inform them of the recipients' and recipients' guardians'
1979	1979	15 rights and options during the revocation and transition
1980	1980	16 process.
1981	1981	17 (d) The Office of Inspector General of the Department of
1982	1982	18 Human Services shall continue to have jurisdiction over an
1983	1983	19 agency and the individuals it served at the time the agency's
1984	1984	20 license was revoked for up to one year after the date that the
1985	1985	21 license was revoked.
1986	1986	22 (Source: P.A. 100-313, eff. 8-24-17.)
1987	1987	23 (210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)
1988	1988	24 Sec. 8. (a) Any community mental health or developmental
1989	1989	25 services agency that continues to operate after its license is
1990	1990
1991	1991
1992	1992
1993	1993
1994	1994
1995	1995	SB2475 - 55 - LRB104 10922 KTG 21004 b
1996	1996
1997	1997
1998	1998	SB2475- 56 -LRB104 10922 KTG 21004 b SB2475 - 56 - LRB104 10922 KTG 21004 b
1999	1999	SB2475 - 56 - LRB104 10922 KTG 21004 b
2000	2000	1 revoked under this Act, or after its license expires and the
2001	2001	2 Department refuses to renew the license, is guilty of a
2002	2002	3 business offense and shall be fined an amount in excess of $500
2003	2003	4 but not exceeding $2,000, and each day of violation is a
2004	2004	5 separate offense. All fines shall be paid to the Mental Health
2005	2005	6 Fund.
2006	2006	7 (b) Whenever the Department is advised or has reason to
2007	2007	8 believe that any person, group of persons, association,
2008	2008	9 partnership or corporation is operating an agency without a
2009	2009	10 license or permit in violation of this Act, the Department may
2010	2010	11 investigate to ascertain the facts, may notify the person or
2011	2011	12 other entity that he is in violation of this Act, and may make
2012	2012	13 referrals to appropriate investigatory or law enforcement
2013	2013	14 agencies. Any person, group of persons, association,
2014	2014	15 partnership or corporation who continues to operate a
2015	2015	16 community mental health or developmental services agency as
2016	2016	17 defined in subsection (b) of Section 3 of this Act without a
2017	2017	18 license or temporary permit issued by the Department, after
2018	2018	19 receiving notice from the Department that such operation is in
2019	2019	20 violation of this Act, shall be guilty of a business offense
2020	2020	21 and shall be fined an amount in excess of $500 but not
2021	2021	22 exceeding $2,000, and each day of operation after receiving
2022	2022	23 such notice is a separate offense. All fines shall be paid to
2023	2023	24 the Mental Health Fund.
2024	2024	25 (Source: P.A. 85-1250.)
2025	2025
2026	2026
2027	2027
2028	2028
2029	2029
2030	2030	SB2475 - 56 - LRB104 10922 KTG 21004 b
2031	2031
2032	2032
2033	2033	SB2475- 57 -LRB104 10922 KTG 21004 b SB2475 - 57 - LRB104 10922 KTG 21004 b
2034	2034	SB2475 - 57 - LRB104 10922 KTG 21004 b
2035	2035	1 (210 ILCS 135/10) (from Ch. 91 1/2, par. 1710)
2036	2036	2 Sec. 10. Community integration.
2037	2037	3 (a) Community-integrated living arrangements shall be
2038	2038	4 located so as to enable residents to participate in and be
2039	2039	5 integrated into their community or neighborhood. The location
2040	2040	6 of such arrangements shall promote community integration of
2041	2041	7 persons with developmental mental disabilities.
2042	2042	8 (b) Beginning January 1, 1990, no Department of State
2043	2043	9 government, as defined in the Civil Administrative Code of
2044	2044	10 Illinois, shall place any person in or utilize any services of
2045	2045	11 a community-integrated living arrangement which is not
2046	2046	12 certified by an agency under this Act.
2047	2047	13 (Source: P.A. 100-602, eff. 7-13-18.)
2048	2048	14 Section 20. The Health Care Worker Background Check Act is
2049	2049	15 amended by changing Section 15 as follows:
2050	2050	16 (225 ILCS 46/15)
2051	2051	17 Sec. 15. Definitions. In this Act:
2052	2052	18 "Applicant" means an individual enrolling in a training
2053	2053	19 program, seeking employment, whether paid or on a volunteer
2054	2054	20 basis, with a health care employer who has received a bona fide
2055	2055	21 conditional offer of employment.
2056	2056	22 "Conditional offer of employment" means a bona fide offer
2057	2057	23 of employment by a health care employer to an applicant, which
2058	2058	24 is contingent upon the receipt of a report from the Department
2059	2059
2060	2060
2061	2061
2062	2062
2063	2063
2064	2064	SB2475 - 57 - LRB104 10922 KTG 21004 b
2065	2065
2066	2066
2067	2067	SB2475- 58 -LRB104 10922 KTG 21004 b SB2475 - 58 - LRB104 10922 KTG 21004 b
2068	2068	SB2475 - 58 - LRB104 10922 KTG 21004 b
2069	2069	1 of Public Health indicating that the applicant does not have a
2070	2070	2 record of conviction of any of the criminal offenses
2071	2071	3 enumerated in Section 25.
2072	2072	4 "Department" means the Department of Public Health.
2073	2073	5 "Direct care" means the provision of nursing care or
2074	2074	6 assistance with feeding, dressing, movement, bathing,
2075	2075	7 toileting, or other personal needs, including home services as
2076	2076	8 defined in the Home Health, Home Services, and Home Nursing
2077	2077	9 Agency Licensing Act.
2078	2078	10 The entity responsible for inspecting and licensing,
2079	2079	11 certifying, or registering the health care employer may, by
2080	2080	12 administrative rule, prescribe guidelines for interpreting
2081	2081	13 this definition with regard to the health care employers that
2082	2082	14 it licenses.
2083	2083	15 "Director" means the Director of Public Health.
2084	2084	16 "Disqualifying offenses" means those offenses set forth in
2085	2085	17 Section 25 of this Act.
2086	2086	18 "Employee" means any individual hired, employed, or
2087	2087	19 retained, whether paid or on a volunteer basis, to which this
2088	2088	20 Act applies.
2089	2089	21 "Finding" means the Department's determination of whether
2090	2090	22 an allegation is verified and substantiated.
2091	2091	23 "Fingerprint-based criminal history records check" means a
2092	2092	24 livescan fingerprint-based criminal history records check
2093	2093	25 submitted as a fee applicant inquiry in the form and manner
2094	2094	26 prescribed by the Illinois State Police.
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099
2100	2100	SB2475 - 58 - LRB104 10922 KTG 21004 b
2101	2101
2102	2102
2103	2103	SB2475- 59 -LRB104 10922 KTG 21004 b SB2475 - 59 - LRB104 10922 KTG 21004 b
2104	2104	SB2475 - 59 - LRB104 10922 KTG 21004 b
2105	2105	1 "Health care employer" means:
2106	2106	2 (1) the owner or licensee of any of the following:
2107	2107	3 (i) a community living facility, as defined in the
2108	2108	4 Community Living Facilities Licensing Act;
2109	2109	5 (ii) a life care facility, as defined in the Life
2110	2110	6 Care Facilities Act;
2111	2111	7 (iii) a long-term care facility;
2112	2112	8 (iv) a home health agency, home services agency,
2113	2113	9 or home nursing agency as defined in the Home Health,
2114	2114	10 Home Services, and Home Nursing Agency Licensing Act;
2115	2115	11 (v) a hospice care program or volunteer hospice
2116	2116	12 program, as defined in the Hospice Program Licensing
2117	2117	13 Act;
2118	2118	14 (vi) a hospital, as defined in the Hospital
2119	2119	15 Licensing Act;
2120	2120	16 (vii) (blank);
2121	2121	17 (viii) a nurse agency, as defined in the Nurse
2122	2122	18 Agency Licensing Act;
2123	2123	19 (ix) a respite care provider, as defined in the
2124	2124	20 Respite Program Act;
2125	2125	21 (ix-a) an establishment licensed under the
2126	2126	22 Assisted Living and Shared Housing Act;
2127	2127	23 (x) a supportive living program, as defined in the
2128	2128	24 Illinois Public Aid Code;
2129	2129	25 (xi) early childhood intervention programs as
2130	2130	26 described in 59 Ill. Adm. Code 121;
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135
2136	2136	SB2475 - 59 - LRB104 10922 KTG 21004 b
2137	2137
2138	2138
2139	2139	SB2475- 60 -LRB104 10922 KTG 21004 b SB2475 - 60 - LRB104 10922 KTG 21004 b
2140	2140	SB2475 - 60 - LRB104 10922 KTG 21004 b
2141	2141	1 (xii) the University of Illinois Hospital,
2142	2142	2 Chicago;
2143	2143	3 (xiii) programs funded by the Department on Aging
2144	2144	4 through the Community Care Program;
2145	2145	5 (xiv) programs certified to participate in the
2146	2146	6 Supportive Living Program authorized pursuant to
2147	2147	7 Section 5-5.01a of the Illinois Public Aid Code;
2148	2148	8 (xv) programs listed by the Emergency Medical
2149	2149	9 Services (EMS) Systems Act as Freestanding Emergency
2150	2150	10 Centers;
2151	2151	11 (xvi) locations licensed under the Alternative
2152	2152	12 Health Care Delivery Act;
2153	2153	13 (2) a day training program certified by the Department
2154	2154	14 of Human Services;
2155	2155	15 (3) a community integrated living arrangement operated
2156	2156	16 by a community mental health and developmental service
2157	2157	17 agency, as defined in the Community-Integrated Living
2158	2158	18 Arrangements Licensure and Certification Act;
2159	2159	19 (4) the State Long Term Care Ombudsman Program,
2160	2160	20 including any regional long term care ombudsman programs
2161	2161	21 under Section 4.04 of the Illinois Act on the Aging, only
2162	2162	22 for the purpose of securing background checks;
2163	2163	23 (5) the Department of Corrections or a third-party
2164	2164	24 vendor employing certified nursing assistants working with
2165	2165	25 the Department of Corrections;
2166	2166	26 (6) a financial management services entity contracted
2167	2167
2168	2168
2169	2169
2170	2170
2171	2171
2172	2172	SB2475 - 60 - LRB104 10922 KTG 21004 b
2173	2173
2174	2174
2175	2175	SB2475- 61 -LRB104 10922 KTG 21004 b SB2475 - 61 - LRB104 10922 KTG 21004 b
2176	2176	SB2475 - 61 - LRB104 10922 KTG 21004 b
2177	2177	1 with the Department of Human Services, Division of
2178	2178	2 Developmental Disabilities, which is not the employer of
2179	2179	3 personal support workers but supports individuals
2180	2180	4 receiving participant directed services, to administer the
2181	2181	5 individuals' employer authority. A financial management
2182	2182	6 services entity assists participants in completing
2183	2183	7 background check requirements, collecting and processing
2184	2184	8 time sheets for support workers, and processing payroll,
2185	2185	9 withholding, filing, and payment of applicable federal,
2186	2186	10 State, and local employment-related taxes and insurance;
2187	2187	11 or
2188	2188	12 (7) a Comprehensive Community Mental Health Center
2189	2189	13 certified by the Department of Human Services.
2190	2190	14 "Initiate" means obtaining from a student, applicant, or
2191	2191	15 employee his or her social security number, demographics, a
2192	2192	16 disclosure statement, and an authorization for the Department
2193	2193	17 of Public Health or its designee to request a
2194	2194	18 fingerprint-based criminal history records check; transmitting
2195	2195	19 this information electronically to the Department of Public
2196	2196	20 Health; conducting Internet searches on certain web sites,
2197	2197	21 including without limitation the Illinois Sex Offender
2198	2198	22 Registry, the Department of Corrections' Sex Offender Search
2199	2199	23 Engine, the Department of Corrections' Inmate Search Engine,
2200	2200	24 the Department of Corrections Wanted Fugitives Search Engine,
2201	2201	25 the National Sex Offender Public Registry, and the List of
2202	2202	26 Excluded Individuals and Entities database on the website of
2203	2203
2204	2204
2205	2205
2206	2206
2207	2207
2208	2208	SB2475 - 61 - LRB104 10922 KTG 21004 b
2209	2209
2210	2210
2211	2211	SB2475- 62 -LRB104 10922 KTG 21004 b SB2475 - 62 - LRB104 10922 KTG 21004 b
2212	2212	SB2475 - 62 - LRB104 10922 KTG 21004 b
2213	2213	1 the Health and Human Services Office of Inspector General to
2214	2214	2 determine if the applicant has been adjudicated a sex
2215	2215	3 offender, has been a prison inmate, or has committed Medicare
2216	2216	4 or Medicaid fraud, or conducting similar searches as defined
2217	2217	5 by rule; and having the student, applicant, or employee's
2218	2218	6 fingerprints collected and transmitted electronically to the
2219	2219	7 Illinois State Police.
2220	2220	8 "Livescan vendor" means an entity whose equipment has been
2221	2221	9 certified by the Illinois State Police to collect an
2222	2222	10 individual's demographics and inkless fingerprints and, in a
2223	2223	11 manner prescribed by the Illinois State Police and the
2224	2224	12 Department of Public Health, electronically transmit the
2225	2225	13 fingerprints and required data to the Illinois State Police
2226	2226	14 and a daily file of required data to the Department of Public
2227	2227	15 Health. The Department of Public Health shall negotiate a
2228	2228	16 contract with one or more vendors that effectively demonstrate
2229	2229	17 that the vendor has 2 or more years of experience transmitting
2230	2230	18 fingerprints electronically to the Illinois State Police and
2231	2231	19 that the vendor can successfully transmit the required data in
2232	2232	20 a manner prescribed by the Department of Public Health. Vendor
2233	2233	21 authorization may be further defined by administrative rule.
2234	2234	22 "Long-term care facility" means a facility licensed by the
2235	2235	23 State or certified under federal law as a long-term care
2236	2236	24 facility, including without limitation facilities licensed
2237	2237	25 under the Nursing Home Care Act, the Specialized Mental Health
2238	2238	26 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
2239	2239
2240	2240
2241	2241
2242	2242
2243	2243
2244	2244	SB2475 - 62 - LRB104 10922 KTG 21004 b
2245	2245
2246	2246
2247	2247	SB2475- 63 -LRB104 10922 KTG 21004 b SB2475 - 63 - LRB104 10922 KTG 21004 b
2248	2248	SB2475 - 63 - LRB104 10922 KTG 21004 b
2249	2249	1 the MC/DD Act, a supportive living facility, an assisted
2250	2250	2 living establishment, or a shared housing establishment or
2251	2251	3 registered as a board and care home.
2252	2252	4 "Resident" means a person, individual, or patient under
2253	2253	5 the direct care of a health care employer or who has been
2254	2254	6 provided goods or services by a health care employer.
2255	2255	7 (Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21;
2256	2256	8 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff.
2257	2257	9 1-1-24; 103-1032, eff. 1-1-25.)
2258	2258	10 Section 25. The Early Intervention Services System Act is
2259	2259	11 amended by changing Section 11 as follows:
2260	2260	12 (325 ILCS 20/11) (from Ch. 23, par. 4161)
2261	2261	13 (Section scheduled to be repealed on July 1, 2026)
2262	2262	14 Sec. 11. Individualized Family Service Plans.
2263	2263	15 (a) Each eligible infant or toddler and that infant's or
2264	2264	16 toddler's family shall receive:
2265	2265	17 (1) timely, comprehensive, multidisciplinary
2266	2266	18 assessment of the unique strengths and needs of each
2267	2267	19 eligible infant and toddler, and assessment of the
2268	2268	20 concerns and priorities of the families to appropriately
2269	2269	21 assist them in meeting their needs and identify supports
2270	2270	22 and services to meet those needs; and
2271	2271	23 (2) a written Individualized Family Service Plan
2272	2272	24 developed by a multidisciplinary team which includes the
2273	2273
2274	2274
2275	2275
2276	2276
2277	2277
2278	2278	SB2475 - 63 - LRB104 10922 KTG 21004 b
2279	2279
2280	2280
2281	2281	SB2475- 64 -LRB104 10922 KTG 21004 b SB2475 - 64 - LRB104 10922 KTG 21004 b
2282	2282	SB2475 - 64 - LRB104 10922 KTG 21004 b
2283	2283	1 parent or guardian. The individualized family service plan
2284	2284	2 shall be based on the multidisciplinary team's assessment
2285	2285	3 of the resources, priorities, and concerns of the family
2286	2286	4 and its identification of the supports and services
2287	2287	5 necessary to enhance the family's capacity to meet the
2288	2288	6 developmental needs of the infant or toddler, and shall
2289	2289	7 include the identification of services appropriate to meet
2290	2290	8 those needs, including the frequency, intensity, and
2291	2291	9 method of delivering services. During and as part of the
2292	2292	10 initial development of the individualized family services
2293	2293	11 plan, and any periodic reviews of the plan, the
2294	2294	12 multidisciplinary team may seek consultation from the lead
2295	2295	13 agency's designated experts, if any, to help determine
2296	2296	14 appropriate services and the frequency and intensity of
2297	2297	15 those services. All services in the individualized family
2298	2298	16 services plan must be justified by the multidisciplinary
2299	2299	17 assessment of the unique strengths and needs of the infant
2300	2300	18 or toddler and must be appropriate to meet those needs. At
2301	2301	19 the periodic reviews, the team shall determine whether
2302	2302	20 modification or revision of the outcomes or services is
2303	2303	21 necessary.
2304	2304	22 (b) The Individualized Family Service Plan shall be
2305	2305	23 evaluated once a year and the family shall be provided a review
2306	2306	24 of the Plan at 6-month intervals or more often where
2307	2307	25 appropriate based on infant or toddler and family needs. The
2308	2308	26 lead agency shall create a quality review process regarding
2309	2309
2310	2310
2311	2311
2312	2312
2313	2313
2314	2314	SB2475 - 64 - LRB104 10922 KTG 21004 b
2315	2315
2316	2316
2317	2317	SB2475- 65 -LRB104 10922 KTG 21004 b SB2475 - 65 - LRB104 10922 KTG 21004 b
2318	2318	SB2475 - 65 - LRB104 10922 KTG 21004 b
2319	2319	1 Individualized Family Service Plan development and changes
2320	2320	2 thereto, to monitor and help ensure that resources are being
2321	2321	3 used to provide appropriate early intervention services.
2322	2322	4 (c) The initial evaluation and initial assessment and
2323	2323	5 initial Plan meeting must be held within 45 days after the
2324	2324	6 initial contact with the early intervention services system.
2325	2325	7 The 45-day timeline does not apply for any period when the
2326	2326	8 child or parent is unavailable to complete the initial
2327	2327	9 evaluation, the initial assessments of the child and family,
2328	2328	10 or the initial Plan meeting, due to exceptional family
2329	2329	11 circumstances that are documented in the child's early
2330	2330	12 intervention records, or when the parent has not provided
2331	2331	13 consent for the initial evaluation or the initial assessment
2332	2332	14 of the child despite documented, repeated attempts to obtain
2333	2333	15 parental consent. As soon as exceptional family circumstances
2334	2334	16 no longer exist or parental consent has been obtained, the
2335	2335	17 initial evaluation, the initial assessment, and the initial
2336	2336	18 Plan meeting must be completed as soon as possible. With
2337	2337	19 parental consent, early intervention services may commence
2338	2338	20 before the completion of the comprehensive assessment and
2339	2339	21 development of the Plan. All early intervention services shall
2340	2340	22 be initiated as soon as possible but not later than 30 calendar
2341	2341	23 days after the consent of the parent or guardian has been
2342	2342	24 obtained for the individualized family service plan, in
2343	2343	25 accordance with rules adopted by the Department of Human
2344	2344	26 Services.
2345	2345
2346	2346
2347	2347
2348	2348
2349	2349
2350	2350	SB2475 - 65 - LRB104 10922 KTG 21004 b
2351	2351
2352	2352
2353	2353	SB2475- 66 -LRB104 10922 KTG 21004 b SB2475 - 66 - LRB104 10922 KTG 21004 b
2354	2354	SB2475 - 66 - LRB104 10922 KTG 21004 b
2355	2355	1 (d) Parents must be informed that early intervention
2356	2356	2 services shall be provided to each eligible infant and
2357	2357	3 toddler, to the maximum extent appropriate, in the natural
2358	2358	4 environment, which may include the home or other community
2359	2359	5 settings. Parents must also be informed of the availability of
2360	2360	6 early intervention services provided through telehealth
2361	2361	7 services. Parents shall make the final decision to accept or
2362	2362	8 decline early intervention services, including whether
2363	2363	9 accepted services are delivered in person or via telehealth
2364	2364	10 services. A decision to decline such services shall not be a
2365	2365	11 basis for administrative determination of parental fitness, or
2366	2366	12 other findings or sanctions against the parents. Parameters of
2367	2367	13 the Plan shall be set forth in rules.
2368	2368	14 (e) The regional intake offices shall explain to each
2369	2369	15 family, orally and in writing, all of the following:
2370	2370	16 (1) That the early intervention program will pay for
2371	2371	17 all early intervention services set forth in the
2372	2372	18 individualized family service plan that are not covered or
2373	2373	19 paid under the family's public or private insurance plan
2374	2374	20 or policy and not eligible for payment through any other
2375	2375	21 third party payor.
2376	2376	22 (2) That services will not be delayed due to any rules
2377	2377	23 or restrictions under the family's insurance plan or
2378	2378	24 policy.
2379	2379	25 (3) That the family may request, with appropriate
2380	2380	26 documentation supporting the request, a determination of
2381	2381
2382	2382
2383	2383
2384	2384
2385	2385
2386	2386	SB2475 - 66 - LRB104 10922 KTG 21004 b
2387	2387
2388	2388
2389	2389	SB2475- 67 -LRB104 10922 KTG 21004 b SB2475 - 67 - LRB104 10922 KTG 21004 b
2390	2390	SB2475 - 67 - LRB104 10922 KTG 21004 b
2391	2391	1 an exemption from private insurance use under Section
2392	2392	2 13.25.
2393	2393	3 (4) That responsibility for co-payments or
2394	2394	4 co-insurance under a family's private insurance plan or
2395	2395	5 policy will be transferred to the lead agency's central
2396	2396	6 billing office.
2397	2397	7 (5) That families will be responsible for payments of
2398	2398	8 family fees, which will be based on a sliding scale
2399	2399	9 according to the State's definition of ability to pay
2400	2400	10 which is comparing household size and income to the
2401	2401	11 sliding scale and considering out-of-pocket medical or
2402	2402	12 disaster expenses, and that these fees are payable to the
2403	2403	13 central billing office. Families who fail to provide
2404	2404	14 income information shall be charged the maximum amount on
2405	2405	15 the sliding scale.
2406	2406	16 (f) The individualized family service plan must state
2407	2407	17 whether the family has private insurance coverage and, if the
2408	2408	18 family has such coverage, must have attached to it a copy of
2409	2409	19 the family's insurance identification card or otherwise
2410	2410	20 include all of the following information:
2411	2411	21 (1) The name, address, and telephone number of the
2412	2412	22 insurance carrier.
2413	2413	23 (2) The contract number and policy number of the
2414	2414	24 insurance plan.
2415	2415	25 (3) The name, address, and social security number of
2416	2416	26 the primary insured.
2417	2417
2418	2418
2419	2419
2420	2420
2421	2421
2422	2422	SB2475 - 67 - LRB104 10922 KTG 21004 b
2423	2423
2424	2424
2425	2425	SB2475- 68 -LRB104 10922 KTG 21004 b SB2475 - 68 - LRB104 10922 KTG 21004 b
2426	2426	SB2475 - 68 - LRB104 10922 KTG 21004 b
2427	2427	1 (4) The beginning date of the insurance benefit year.
2428	2428	2 (g) A copy of the individualized family service plan must
2429	2429	3 be provided to each enrolled provider who is providing early
2430	2430	4 intervention services to the child who is the subject of that
2431	2431	5 plan.
2432	2432	6 (h) Children receiving services under this Act shall
2433	2433	7 receive a smooth and effective transition by their third
2434	2434	8 birthday consistent with federal regulations adopted pursuant
2435	2435	9 to Sections 1431 through 1444 of Title 20 of the United States
2436	2436	10 Code. Beginning on and after the effective date of this
2437	2437	11 amendatory Act of the 104th General Assembly January 1, 2022,
2438	2438	12 children who receive early intervention services prior to
2439	2439	13 their third birthday, have been found eligible for early
2440	2440	14 childhood special education services under the Individuals
2441	2441	15 with Disabilities Education Act, 20 U.S.C. 1414(d)(1)(A), and
2442	2442	16 this Section,have an individualized education program
2443	2443	17 developed and are found eligible for an individualized
2444	2444	18 education program under the Individuals with Disabilities
2445	2445	19 Education Act, 20 U.S.C. 1414(d)(1)(A), and under Section
2446	2446	20 14-8.02 of the School Code, and whose birthday falls between
2447	2447	21 May 1 and August 31 may continue to receive early intervention
2448	2448	22 services until the beginning of the school year following
2449	2449	23 their third birthday in order to minimize gaps in services,
2450	2450	24 ensure better continuity of care, and align practices for the
2451	2451	25 enrollment of preschool children with special needs to the
2452	2452	26 enrollment practices of typically developing preschool
2453	2453
2454	2454
2455	2455
2456	2456
2457	2457
2458	2458	SB2475 - 68 - LRB104 10922 KTG 21004 b
2459	2459
2460	2460
2461	2461	SB2475- 69 -LRB104 10922 KTG 21004 b SB2475 - 69 - LRB104 10922 KTG 21004 b
2462	2462	SB2475 - 69 - LRB104 10922 KTG 21004 b
2463	2463	1 children.
2464	2464	2 (Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;
2465	2465	3 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for
2466	2466	4 effective date of P.A. 102-209); 102-813, eff. 5-13-22;
2467	2467	5 102-962, eff. 7-1-22.)
2468	2468	6 Section 30. The Mental Health and Developmental
2469	2469	7 Disabilities Code is amended by changing Sections 1-122,
2470	2470	8 6-103, 6-103.2, and 6-103.3 and by adding Section 1-120.1 as
2471	2471	9 follows:
2472	2472	10 (405 ILCS 5/1-120.1 new)
2473	2473	11 Sec. 1-120.1. Physician assistant. "Physician assistant"
2474	2474	12 means a person who is licensed as a physician assistant under
2475	2475	13 the Physician Assistant Practice Act of 1987 and is authorized
2476	2476	14 to practice under a collaborating physician.
2477	2477	15 (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
2478	2478	16 Sec. 1-122. Qualified examiner. "Qualified examiner" means
2479	2479	17 a person who is:
2480	2480	18 (a) a Clinical social worker as defined in this Act
2481	2481	19 and who is also a licensed clinical social worker licensed
2482	2482	20 under the Clinical Social Work and Social Work Practice
2483	2483	21 Act,
2484	2484	22 (b) a registered nurse with a master's degree in
2485	2485	23 psychiatric nursing who has 3 years of clinical training
2486	2486
2487	2487
2488	2488
2489	2489
2490	2490
2491	2491	SB2475 - 69 - LRB104 10922 KTG 21004 b
2492	2492
2493	2493
2494	2494	SB2475- 70 -LRB104 10922 KTG 21004 b SB2475 - 70 - LRB104 10922 KTG 21004 b
2495	2495	SB2475 - 70 - LRB104 10922 KTG 21004 b
2496	2496	1 and experience in the evaluation and treatment of mental
2497	2497	2 illness which has been acquired subsequent to any training
2498	2498	3 and experience which constituted a part of the degree
2499	2499	4 program,
2500	2500	5 (c) a licensed clinical professional counselor with a
2501	2501	6 master's or doctoral degree in counseling or psychology or
2502	2502	7 a similar master's or doctorate program from a regionally
2503	2503	8 accredited institution who has at least 3 years of
2504	2504	9 supervised post-master's clinical professional counseling
2505	2505	10 experience that includes the provision of mental health
2506	2506	11 services for the evaluation, treatment, and prevention of
2507	2507	12 mental and emotional disorders, or
2508	2508	13 (d) a licensed marriage and family therapist with a
2509	2509	14 master's or doctoral degree in marriage and family therapy
2510	2510	15 from a regionally accredited educational institution or a
2511	2511	16 similar master's program or from a program accredited by
2512	2512	17 either the Commission on Accreditation for Marriage and
2513	2513	18 Family Therapy or the Commission on Accreditation for
2514	2514	19 Counseling Related Educational Programs, who has at least
2515	2515	20 3 years of supervised post-master's experience as a
2516	2516	21 marriage and family therapist that includes the provision
2517	2517	22 of mental health services for the evaluation, treatment,
2518	2518	23 and prevention of mental and emotional disorders, or .
2519	2519	24 (e) a physician assistant who has 3 years of clinical
2520	2520	25 training and experience in the evaluation and treatment of
2521	2521	26 mental illness which has been acquired subsequent to any
2522	2522
2523	2523
2524	2524
2525	2525
2526	2526
2527	2527	SB2475 - 70 - LRB104 10922 KTG 21004 b
2528	2528
2529	2529
2530	2530	SB2475- 71 -LRB104 10922 KTG 21004 b SB2475 - 71 - LRB104 10922 KTG 21004 b
2531	2531	SB2475 - 71 - LRB104 10922 KTG 21004 b
2532	2532	1 training and experience which constituted a part of the
2533	2533	2 degree program.
2534	2534	3 A social worker who is a qualified examiner shall be a
2535	2535	4 licensed clinical social worker under the Clinical Social Work
2536	2536	5 and Social Work Practice Act.
2537	2537	6 (Source: P.A. 96-1357, eff. 1-1-11; 97-333, eff. 8-12-11.)
2538	2538	7 (405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
2539	2539	8 Sec. 6-103. (a) All persons acting in good faith and
2540	2540	9 without negligence in connection with the preparation of
2541	2541	10 applications, petitions, certificates or other documents, for
2542	2542	11 the apprehension, transportation, examination, treatment,
2543	2543	12 habilitation, detention or discharge of an individual under
2544	2544	13 the provisions of this Act incur no liability, civil or
2545	2545	14 criminal, by reason of such acts.
2546	2546	15 (b) There shall be no liability on the part of, and no
2547	2547	16 cause of action shall arise against, any person who is a
2548	2548	17 physician, clinical psychologist, advanced practice
2549	2549	18 psychiatric nurse, or qualified examiner based upon that
2550	2550	19 person's failure to warn of and protect from a recipient's
2551	2551	20 threatened or actual violent behavior except where the
2552	2552	21 recipient has communicated to the person a serious threat of
2553	2553	22 physical violence against a reasonably identifiable victim or
2554	2554	23 victims. Nothing in this Section shall relieve any employee or
2555	2555	24 director of any residential mental health or developmental
2556	2556	25 disabilities facility from any duty he may have to protect the
2557	2557
2558	2558
2559	2559
2560	2560
2561	2561
2562	2562	SB2475 - 71 - LRB104 10922 KTG 21004 b
2563	2563
2564	2564
2565	2565	SB2475- 72 -LRB104 10922 KTG 21004 b SB2475 - 72 - LRB104 10922 KTG 21004 b
2566	2566	SB2475 - 72 - LRB104 10922 KTG 21004 b
2567	2567	1 residents of such a facility from any other resident.
2568	2568	2 (c) Any duty which any person may owe to anyone other than
2569	2569	3 a resident of a mental health and developmental disabilities
2570	2570	4 facility shall be discharged by that person making a
2571	2571	5 reasonable effort to communicate the threat to the victim and
2572	2572	6 to a law enforcement agency, or by a reasonable effort to
2573	2573	7 obtain the hospitalization of the recipient.
2574	2574	8 (d) An act of omission or commission by a peace officer
2575	2575	9 acting in good faith in rendering emergency assistance or
2576	2576	10 otherwise enforcing this Code does not impose civil liability
2577	2577	11 on the peace officer or his or her supervisor or employer
2578	2578	12 unless the act is a result of willful or wanton misconduct.
2579	2579	13 (Source: P.A. 91-726, eff. 6-2-00.)
2580	2580	14 (405 ILCS 5/6-103.2)
2581	2581	15 Sec. 6-103.2. Developmental disability; notice. If a
2582	2582	16 person 14 years old or older is determined to be a person with
2583	2583	17 a developmental disability by a physician, clinical
2584	2584	18 psychologist, advanced practice psychiatric nurse, or
2585	2585	19 qualified examiner, the physician, clinical psychologist,
2586	2586	20 advanced practice psychiatric nurse, or qualified examiner
2587	2587	21 shall notify the Department of Human Services within 7 days of
2588	2588	22 making the determination that the person has a developmental
2589	2589	23 disability. The Department of Human Services shall immediately
2590	2590	24 update its records and information relating to mental health
2591	2591	25 and developmental disabilities, and if appropriate, shall
2592	2592
2593	2593
2594	2594
2595	2595
2596	2596
2597	2597	SB2475 - 72 - LRB104 10922 KTG 21004 b
2598	2598
2599	2599
2600	2600	SB2475- 73 -LRB104 10922 KTG 21004 b SB2475 - 73 - LRB104 10922 KTG 21004 b
2601	2601	SB2475 - 73 - LRB104 10922 KTG 21004 b
2602	2602	1 notify the Illinois State Police in a form and manner
2603	2603	2 prescribed by the Illinois State Police. Information disclosed
2604	2604	3 under this Section shall remain privileged and confidential,
2605	2605	4 and shall not be redisclosed, except as required under
2606	2606	5 subsection (e) of Section 3.1 of the Firearm Owners
2607	2607	6 Identification Card Act, nor used for any other purpose. The
2608	2608	7 method of providing this information shall guarantee that the
2609	2609	8 information is not released beyond that which is necessary for
2610	2610	9 the purpose of this Section and shall be provided by rule by
2611	2611	10 the Department of Human Services. The identity of the person
2612	2612	11 reporting under this Section shall not be disclosed to the
2613	2613	12 subject of the report.
2614	2614	13 The physician, clinical psychologist, advanced practice
2615	2615	14 psychiatric nurse, or qualified examiner making the
2616	2616	15 determination and his or her employer may not be held
2617	2617	16 criminally, civilly, or professionally liable for making or
2618	2618	17 not making the notification required under this Section,
2619	2619	18 except for willful or wanton misconduct.
2620	2620	19 For purposes of this Section, "developmental disability"
2621	2621	20 means a disability which is attributable to any other
2622	2622	21 condition which results in impairment similar to that caused
2623	2623	22 by an intellectual disability and which requires services
2624	2624	23 similar to those required by intellectually disabled persons.
2625	2625	24 The disability must originate before the age of 18 years, be
2626	2626	25 expected to continue indefinitely, and constitute a
2627	2627	26 substantial disability. This disability results, in the
2628	2628
2629	2629
2630	2630
2631	2631
2632	2632
2633	2633	SB2475 - 73 - LRB104 10922 KTG 21004 b
2634	2634
2635	2635
2636	2636	SB2475- 74 -LRB104 10922 KTG 21004 b SB2475 - 74 - LRB104 10922 KTG 21004 b
2637	2637	SB2475 - 74 - LRB104 10922 KTG 21004 b
2638	2638	1 professional opinion of a physician, clinical psychologist,
2639	2639	2 advanced practice psychiatric nurse, or qualified examiner, in
2640	2640	3 significant functional limitations in 3 or more of the
2641	2641	4 following areas of major life activity:
2642	2642	5 (i) self-care;
2643	2643	6 (ii) receptive and expressive language;
2644	2644	7 (iii) learning;
2645	2645	8 (iv) mobility; or
2646	2646	9 (v) self-direction.
2647	2647	10 "Determined to be a person with a developmental disability
2648	2648	11 by a physician, clinical psychologist, advanced practice
2649	2649	12 psychiatric nurse, or qualified examiner" means in the
2650	2650	13 professional opinion of the physician, clinical psychologist,
2651	2651	14 advanced practice psychiatric nurse, or qualified examiner, a
2652	2652	15 person, with whom the physician, psychologist, nurse, or
2653	2653	16 examiner has a formal relationship in his or her professional
2654	2654	17 or official capacity, is diagnosed, assessed, or evaluated as
2655	2655	18 having a developmental disability.
2656	2656	19 (Source: P.A. 102-538, eff. 8-20-21.)
2657	2657	20 (405 ILCS 5/6-103.3)
2658	2658	21 Sec. 6-103.3. Clear and present danger; notice. If a
2659	2659	22 person is determined to pose a clear and present danger to
2660	2660	23 himself, herself, or to others by a physician, clinical
2661	2661	24 psychologist, advanced practice psychiatric nurse, or
2662	2662	25 qualified examiner, whether employed by the State, by any
2663	2663
2664	2664
2665	2665
2666	2666
2667	2667
2668	2668	SB2475 - 74 - LRB104 10922 KTG 21004 b
2669	2669
2670	2670
2671	2671	SB2475- 75 -LRB104 10922 KTG 21004 b SB2475 - 75 - LRB104 10922 KTG 21004 b
2672	2672	SB2475 - 75 - LRB104 10922 KTG 21004 b
2673	2673	1 public or private mental health facility or part thereof, or
2674	2674	2 by a law enforcement official or a school administrator, then
2675	2675	3 the physician, clinical psychologist, advanced practice
2676	2676	4 psychiatric nurse, or qualified examiner shall notify the
2677	2677	5 Department of Human Services and a law enforcement official or
2678	2678	6 school administrator shall notify the Illinois State Police,
2679	2679	7 within 24 hours of making the determination that the person
2680	2680	8 poses a clear and present danger. The Department of Human
2681	2681	9 Services shall immediately update its records and information
2682	2682	10 relating to mental health and developmental disabilities, and
2683	2683	11 if appropriate, shall notify the Illinois State Police in a
2684	2684	12 form and manner prescribed by the Illinois State Police.
2685	2685	13 Information disclosed under this Section shall remain
2686	2686	14 privileged and confidential, and shall not be redisclosed,
2687	2687	15 except as required under subsection (e) of Section 3.1 of the
2688	2688	16 Firearm Owners Identification Card Act, nor used for any other
2689	2689	17 purpose. The method of providing this information shall
2690	2690	18 guarantee that the information is not released beyond that
2691	2691	19 which is necessary for the purpose of this Section and shall be
2692	2692	20 provided by rule by the Department of Human Services. The
2693	2693	21 identity of the person reporting under this Section shall not
2694	2694	22 be disclosed to the subject of the report. The physician,
2695	2695	23 clinical psychologist, advanced practice psychiatric nurse,
2696	2696	24 qualified examiner, law enforcement official, or school
2697	2697	25 administrator making the determination and his or her employer
2698	2698	26 shall not be held criminally, civilly, or professionally
2699	2699
2700	2700
2701	2701
2702	2702
2703	2703
2704	2704	SB2475 - 75 - LRB104 10922 KTG 21004 b
2705	2705
2706	2706
2707	2707	SB2475- 76 -LRB104 10922 KTG 21004 b SB2475 - 76 - LRB104 10922 KTG 21004 b
2708	2708	SB2475 - 76 - LRB104 10922 KTG 21004 b
2709	2709	1 liable for making or not making the notification required
2710	2710	2 under this Section, except for willful or wanton misconduct.
2711	2711	3 This Section does not apply to a law enforcement official, if
2712	2712	4 making the notification under this Section will interfere with
2713	2713	5 an ongoing or pending criminal investigation.
2714	2714	6 For the purposes of this Section:
2715	2715	7 "Clear and present danger" has the meaning ascribed to
2716	2716	8 it in Section 1.1 of the Firearm Owners Identification
2717	2717	9 Card Act.
2718	2718	10 "Determined to pose a clear and present danger to
2719	2719	11 himself, herself, or to others by a physician, clinical
2720	2720	12 psychologist, advanced practice psychiatric nurse, or
2721	2721	13 qualified examiner" means in the professional opinion of
2722	2722	14 the physician, clinical psychologist, advanced practice
2723	2723	15 psychiatric nurse, or qualified examiner, a person, with
2724	2724	16 whom the physician, psychologist, nurse, or examiner has a
2725	2725	17 formal relationship in his or her official capacity, poses
2726	2726	18 a clear and present danger.
2727	2727	19 "School administrator" means the person required to
2728	2728	20 report under the School Administrator Reporting of Mental
2729	2729	21 Health Clear and Present Danger Determinations Law.
2730	2730	22 (Source: P.A. 102-538, eff. 8-20-21.)
2731	2731	23 Section 35. The Firearm Owners Identification Card Act is
2732	2732	24 amended by changing Sections 1.1, 8, 8.1, and 10 as follows:
2733	2733
2734	2734
2735	2735
2736	2736
2737	2737
2738	2738	SB2475 - 76 - LRB104 10922 KTG 21004 b
2739	2739
2740	2740
2741	2741	SB2475- 77 -LRB104 10922 KTG 21004 b SB2475 - 77 - LRB104 10922 KTG 21004 b
2742	2742	SB2475 - 77 - LRB104 10922 KTG 21004 b
2743	2743	1 (430 ILCS 65/1.1)
2744	2744	2 Sec. 1.1. For purposes of this Act:
2745	2745	3 "Addicted to narcotics" means a person who has been:
2746	2746	4 (1) convicted of an offense involving the use or
2747	2747	5 possession of cannabis, a controlled substance, or
2748	2748	6 methamphetamine within the past year; or
2749	2749	7 (2) determined by the Illinois State Police to be
2750	2750	8 addicted to narcotics based upon federal law or federal
2751	2751	9 guidelines.
2752	2752	10 "Addicted to narcotics" does not include possession or use
2753	2753	11 of a prescribed controlled substance under the direction and
2754	2754	12 authority of a physician or other person authorized to
2755	2755	13 prescribe the controlled substance when the controlled
2756	2756	14 substance is used in the prescribed manner.
2757	2757	15 "Adjudicated as a person with a mental disability" means
2758	2758	16 the person is the subject of a determination by a court, board,
2759	2759	17 commission or other lawful authority that the person, as a
2760	2760	18 result of marked subnormal intelligence, or mental illness,
2761	2761	19 mental impairment, incompetency, condition, or disease:
2762	2762	20 (1) presents a clear and present danger to himself,
2763	2763	21 herself, or to others;
2764	2764	22 (2) lacks the mental capacity to manage his or her own
2765	2765	23 affairs or is adjudicated a person with a disability as
2766	2766	24 defined in Section 11a-2 of the Probate Act of 1975;
2767	2767	25 (3) is not guilty in a criminal case by reason of
2768	2768	26 insanity, mental disease or defect;
2769	2769
2770	2770
2771	2771
2772	2772
2773	2773
2774	2774	SB2475 - 77 - LRB104 10922 KTG 21004 b
2775	2775
2776	2776
2777	2777	SB2475- 78 -LRB104 10922 KTG 21004 b SB2475 - 78 - LRB104 10922 KTG 21004 b
2778	2778	SB2475 - 78 - LRB104 10922 KTG 21004 b
2779	2779	1 (3.5) is guilty but mentally ill, as provided in
2780	2780	2 Section 5-2-6 of the Unified Code of Corrections;
2781	2781	3 (4) is incompetent to stand trial in a criminal case;
2782	2782	4 (5) is not guilty by reason of lack of mental
2783	2783	5 responsibility under Articles 50a and 72b of the Uniform
2784	2784	6 Code of Military Justice, 10 U.S.C. 850a, 876b;
2785	2785	7 (6) is a sexually violent person under subsection (f)
2786	2786	8 of Section 5 of the Sexually Violent Persons Commitment
2787	2787	9 Act;
2788	2788	10 (7) is a sexually dangerous person under the Sexually
2789	2789	11 Dangerous Persons Act;
2790	2790	12 (8) is unfit to stand trial under the Juvenile Court
2791	2791	13 Act of 1987;
2792	2792	14 (9) is not guilty by reason of insanity under the
2793	2793	15 Juvenile Court Act of 1987;
2794	2794	16 (10) is subject to involuntary admission as an
2795	2795	17 inpatient as defined in Section 1-119 of the Mental Health
2796	2796	18 and Developmental Disabilities Code;
2797	2797	19 (11) is subject to involuntary admission as an
2798	2798	20 outpatient as defined in Section 1-119.1 of the Mental
2799	2799	21 Health and Developmental Disabilities Code;
2800	2800	22 (12) is subject to judicial admission as set forth in
2801	2801	23 Section 4-500 of the Mental Health and Developmental
2802	2802	24 Disabilities Code; or
2803	2803	25 (13) is subject to the provisions of the Interstate
2804	2804	26 Agreements on Sexually Dangerous Persons Act.
2805	2805
2806	2806
2807	2807
2808	2808
2809	2809
2810	2810	SB2475 - 78 - LRB104 10922 KTG 21004 b
2811	2811
2812	2812
2813	2813	SB2475- 79 -LRB104 10922 KTG 21004 b SB2475 - 79 - LRB104 10922 KTG 21004 b
2814	2814	SB2475 - 79 - LRB104 10922 KTG 21004 b
2815	2815	1 "Advanced practice psychiatric nurse" has the meaning
2816	2816	2 ascribed to that term in Section 1-101.3 of the Mental Health
2817	2817	3 and Developmental Disabilities Code.
2818	2818	4 "Clear and present danger" means a person who:
2819	2819	5 (1) communicates a serious threat of physical violence
2820	2820	6 against a reasonably identifiable victim or poses a clear
2821	2821	7 and imminent risk of serious physical injury to himself,
2822	2822	8 herself, or another person as determined by a physician,
2823	2823	9 clinical psychologist, advanced practice psychiatric
2824	2824	10 nurse, or qualified examiner; or
2825	2825	11 (2) demonstrates threatening physical or verbal
2826	2826	12 behavior, such as violent, suicidal, or assaultive
2827	2827	13 threats, actions, or other behavior, as determined by a
2828	2828	14 physician, clinical psychologist, advanced practice
2829	2829	15 psychiatric nurse, qualified examiner, school
2830	2830	16 administrator, or law enforcement official.
2831	2831	17 "Clinical psychologist" has the meaning provided in
2832	2832	18 Section 1-103 of the Mental Health and Developmental
2833	2833	19 Disabilities Code.
2834	2834	20 "Controlled substance" means a controlled substance or
2835	2835	21 controlled substance analog as defined in the Illinois
2836	2836	22 Controlled Substances Act.
2837	2837	23 "Counterfeit" means to copy or imitate, without legal
2838	2838	24 authority, with intent to deceive.
2839	2839	25 "Developmental disability" means a severe, chronic
2840	2840	26 disability of an individual that:
2841	2841
2842	2842
2843	2843
2844	2844
2845	2845
2846	2846	SB2475 - 79 - LRB104 10922 KTG 21004 b
2847	2847
2848	2848
2849	2849	SB2475- 80 -LRB104 10922 KTG 21004 b SB2475 - 80 - LRB104 10922 KTG 21004 b
2850	2850	SB2475 - 80 - LRB104 10922 KTG 21004 b
2851	2851	1 (1) is attributable to a mental or physical impairment
2852	2852	2 or combination of mental and physical impairments;
2853	2853	3 (2) is manifested before the individual attains age
2854	2854	4 22;
2855	2855	5 (3) is likely to continue indefinitely;
2856	2856	6 (4) results in substantial functional limitations in 3
2857	2857	7 or more of the following areas of major life activity:
2858	2858	8 (A) Self-care.
2859	2859	9 (B) Receptive and expressive language.
2860	2860	10 (C) Learning.
2861	2861	11 (D) Mobility.
2862	2862	12 (E) Self-direction.
2863	2863	13 (F) Capacity for independent living.
2864	2864	14 (G) Economic self-sufficiency; and
2865	2865	15 (5) reflects the individual's need for a combination
2866	2866	16 and sequence of special, interdisciplinary, or generic
2867	2867	17 services, individualized supports, or other forms of
2868	2868	18 assistance that are of lifelong or extended duration and
2869	2869	19 are individually planned and coordinated.
2870	2870	20 "Federally licensed firearm dealer" means a person who is
2871	2871	21 licensed as a federal firearms dealer under Section 923 of the
2872	2872	22 federal Gun Control Act of 1968 (18 U.S.C. 923).
2873	2873	23 "Firearm" means any device, by whatever name known, which
2874	2874	24 is designed to expel a projectile or projectiles by the action
2875	2875	25 of an explosion, expansion of gas or escape of gas; excluding,
2876	2876	26 however:
2877	2877
2878	2878
2879	2879
2880	2880
2881	2881
2882	2882	SB2475 - 80 - LRB104 10922 KTG 21004 b
2883	2883
2884	2884
2885	2885	SB2475- 81 -LRB104 10922 KTG 21004 b SB2475 - 81 - LRB104 10922 KTG 21004 b
2886	2886	SB2475 - 81 - LRB104 10922 KTG 21004 b
2887	2887	1 (1) any pneumatic gun, spring gun, paint ball gun, or
2888	2888	2 B-B gun which expels a single globular projectile not
2889	2889	3 exceeding .18 inch in diameter or which has a maximum
2890	2890	4 muzzle velocity of less than 700 feet per second;
2891	2891	5 (1.1) any pneumatic gun, spring gun, paint ball gun,
2892	2892	6 or B-B gun which expels breakable paint balls containing
2893	2893	7 washable marking colors;
2894	2894	8 (2) any device used exclusively for signaling or
2895	2895	9 safety and required or recommended by the United States
2896	2896	10 Coast Guard or the Interstate Commerce Commission;
2897	2897	11 (3) any device used exclusively for the firing of stud
2898	2898	12 cartridges, explosive rivets or similar industrial
2899	2899	13 ammunition; and
2900	2900	14 (4) an antique firearm (other than a machine-gun)
2901	2901	15 which, although designed as a weapon, the Illinois State
2902	2902	16 Police finds by reason of the date of its manufacture,
2903	2903	17 value, design, and other characteristics is primarily a
2904	2904	18 collector's item and is not likely to be used as a weapon.
2905	2905	19 "Firearm ammunition" means any self-contained cartridge or
2906	2906	20 shotgun shell, by whatever name known, which is designed to be
2907	2907	21 used or adaptable to use in a firearm; excluding, however:
2908	2908	22 (1) any ammunition exclusively designed for use with a
2909	2909	23 device used exclusively for signaling or safety and
2910	2910	24 required or recommended by the United States Coast Guard
2911	2911	25 or the Interstate Commerce Commission; and
2912	2912	26 (2) any ammunition designed exclusively for use with a
2913	2913
2914	2914
2915	2915
2916	2916
2917	2917
2918	2918	SB2475 - 81 - LRB104 10922 KTG 21004 b
2919	2919
2920	2920
2921	2921	SB2475- 82 -LRB104 10922 KTG 21004 b SB2475 - 82 - LRB104 10922 KTG 21004 b
2922	2922	SB2475 - 82 - LRB104 10922 KTG 21004 b
2923	2923	1 stud or rivet driver or other similar industrial
2924	2924	2 ammunition.
2925	2925	3 "Gun show" means an event or function:
2926	2926	4 (1) at which the sale and transfer of firearms is the
2927	2927	5 regular and normal course of business and where 50 or more
2928	2928	6 firearms are displayed, offered, or exhibited for sale,
2929	2929	7 transfer, or exchange; or
2930	2930	8 (2) at which not less than 10 gun show vendors
2931	2931	9 display, offer, or exhibit for sale, sell, transfer, or
2932	2932	10 exchange firearms.
2933	2933	11 "Gun show" includes the entire premises provided for an
2934	2934	12 event or function, including parking areas for the event or
2935	2935	13 function, that is sponsored to facilitate the purchase, sale,
2936	2936	14 transfer, or exchange of firearms as described in this
2937	2937	15 Section. Nothing in this definition shall be construed to
2938	2938	16 exclude a gun show held in conjunction with competitive
2939	2939	17 shooting events at the World Shooting Complex sanctioned by a
2940	2940	18 national governing body in which the sale or transfer of
2941	2941	19 firearms is authorized under subparagraph (5) of paragraph (g)
2942	2942	20 of subsection (A) of Section 24-3 of the Criminal Code of 2012.
2943	2943	21 Unless otherwise expressly stated, "gun show" does not
2944	2944	22 include training or safety classes, competitive shooting
2945	2945	23 events, such as rifle, shotgun, or handgun matches, trap,
2946	2946	24 skeet, or sporting clays shoots, dinners, banquets, raffles,
2947	2947	25 or any other event where the sale or transfer of firearms is
2948	2948	26 not the primary course of business.
2949	2949
2950	2950
2951	2951
2952	2952
2953	2953
2954	2954	SB2475 - 82 - LRB104 10922 KTG 21004 b
2955	2955
2956	2956
2957	2957	SB2475- 83 -LRB104 10922 KTG 21004 b SB2475 - 83 - LRB104 10922 KTG 21004 b
2958	2958	SB2475 - 83 - LRB104 10922 KTG 21004 b
2959	2959	1 "Gun show promoter" means a person who organizes or
2960	2960	2 operates a gun show.
2961	2961	3 "Gun show vendor" means a person who exhibits, sells,
2962	2962	4 offers for sale, transfers, or exchanges any firearms at a gun
2963	2963	5 show, regardless of whether the person arranges with a gun
2964	2964	6 show promoter for a fixed location from which to exhibit,
2965	2965	7 sell, offer for sale, transfer, or exchange any firearm.
2966	2966	8 "Intellectual disability" means significantly subaverage
2967	2967	9 general intellectual functioning, existing concurrently with
2968	2968	10 deficits in adaptive behavior and manifested during the
2969	2969	11 developmental period, which is defined as before the age of
2970	2970	12 22, that adversely affects a child's educational performance.
2971	2971	13 "Involuntarily admitted" has the meaning as prescribed in
2972	2972	14 Sections 1-119 and 1-119.1 of the Mental Health and
2973	2973	15 Developmental Disabilities Code.
2974	2974	16 "Mental health facility" means any licensed private
2975	2975	17 hospital or hospital affiliate, institution, or facility, or
2976	2976	18 part thereof, and any facility, or part thereof, operated by
2977	2977	19 the State or a political subdivision thereof which provides
2978	2978	20 treatment of persons with mental illness and includes all
2979	2979	21 hospitals, institutions, clinics, evaluation facilities,
2980	2980	22 mental health centers, colleges, universities, long-term care
2981	2981	23 facilities, and nursing homes, or parts thereof, which provide
2982	2982	24 treatment of persons with mental illness whether or not the
2983	2983	25 primary purpose is to provide treatment of persons with mental
2984	2984	26 illness.
2985	2985
2986	2986
2987	2987
2988	2988
2989	2989
2990	2990	SB2475 - 83 - LRB104 10922 KTG 21004 b
2991	2991
2992	2992
2993	2993	SB2475- 84 -LRB104 10922 KTG 21004 b SB2475 - 84 - LRB104 10922 KTG 21004 b
2994	2994	SB2475 - 84 - LRB104 10922 KTG 21004 b
2995	2995	1 "National governing body" means a group of persons who
2996	2996	2 adopt rules and formulate policy on behalf of a national
2997	2997	3 firearm sporting organization.
2998	2998	4 "Noncitizen" means a person who is not a citizen of the
2999	2999	5 United States, but is a person who is a foreign-born person who
3000	3000	6 lives in the United States, has not been naturalized, and is
3001	3001	7 still a citizen of a foreign country.
3002	3002	8 "Patient" means:
3003	3003	9 (1) a person who is admitted as an inpatient or
3004	3004	10 resident of a public or private mental health facility for
3005	3005	11 mental health treatment under Chapter III of the Mental
3006	3006	12 Health and Developmental Disabilities Code as an informal
3007	3007	13 admission, a voluntary admission, a minor admission, an
3008	3008	14 emergency admission, or an involuntary admission, unless
3009	3009	15 the treatment was solely for an alcohol abuse disorder; or
3010	3010	16 (2) a person who voluntarily or involuntarily receives
3011	3011	17 mental health treatment as an out-patient or is otherwise
3012	3012	18 provided services by a public or private mental health
3013	3013	19 facility and who poses a clear and present danger to
3014	3014	20 himself, herself, or others.
3015	3015	21 "Physician" has the meaning as defined in Section 1-120 of
3016	3016	22 the Mental Health and Developmental Disabilities Code.
3017	3017	23 "Protective order" means any orders of protection issued
3018	3018	24 under the Illinois Domestic Violence Act of 1986, stalking no
3019	3019	25 contact orders issued under the Stalking No Contact Order Act,
3020	3020	26 civil no contact orders issued under the Civil No Contact
3021	3021
3022	3022
3023	3023
3024	3024
3025	3025
3026	3026	SB2475 - 84 - LRB104 10922 KTG 21004 b
3027	3027
3028	3028
3029	3029	SB2475- 85 -LRB104 10922 KTG 21004 b SB2475 - 85 - LRB104 10922 KTG 21004 b
3030	3030	SB2475 - 85 - LRB104 10922 KTG 21004 b
3031	3031	1 Order Act, and firearms restraining orders issued under the
3032	3032	2 Firearms Restraining Order Act or a substantially similar
3033	3033	3 order issued by the court of another state, tribe, or United
3034	3034	4 States territory or military judge.
3035	3035	5 "Qualified examiner" has the meaning provided in Section
3036	3036	6 1-122 of the Mental Health and Developmental Disabilities
3037	3037	7 Code.
3038	3038	8 "Sanctioned competitive shooting event" means a shooting
3039	3039	9 contest officially recognized by a national or state shooting
3040	3040	10 sport association, and includes any sight-in or practice
3041	3041	11 conducted in conjunction with the event.
3042	3042	12 "School administrator" means the person required to report
3043	3043	13 under the School Administrator Reporting of Mental Health
3044	3044	14 Clear and Present Danger Determinations Law.
3045	3045	15 "Stun gun or taser" has the meaning ascribed to it in
3046	3046	16 Section 24-1 of the Criminal Code of 2012.
3047	3047	17 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3048	3048	18 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
3049	3049	19 1-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23;
3050	3050	20 103-407, eff. 7-28-23.)
3051	3051	21 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
3052	3052	22 Sec. 8. Grounds for denial and revocation. The Illinois
3053	3053	23 State Police has authority to deny an application for or to
3054	3054	24 revoke and seize a Firearm Owner's Identification Card
3055	3055	25 previously issued under this Act only if the Illinois State
3056	3056
3057	3057
3058	3058
3059	3059
3060	3060
3061	3061	SB2475 - 85 - LRB104 10922 KTG 21004 b
3062	3062
3063	3063
3064	3064	SB2475- 86 -LRB104 10922 KTG 21004 b SB2475 - 86 - LRB104 10922 KTG 21004 b
3065	3065	SB2475 - 86 - LRB104 10922 KTG 21004 b
3066	3066	1 Police finds that the applicant or the person to whom such card
3067	3067	2 was issued is or was at the time of issuance:
3068	3068	3 (a) A person under 21 years of age who has been
3069	3069	4 convicted of a misdemeanor other than a traffic offense or
3070	3070	5 adjudged delinquent;
3071	3071	6 (b) This subsection (b) applies through the 180th day
3072	3072	7 following July 12, 2019 (the effective date of Public Act
3073	3073	8 101-80). A person under 21 years of age who does not have
3074	3074	9 the written consent of his parent or guardian to acquire
3075	3075	10 and possess firearms and firearm ammunition, or whose
3076	3076	11 parent or guardian has revoked such written consent, or
3077	3077	12 where such parent or guardian does not qualify to have a
3078	3078	13 Firearm Owner's Identification Card;
3079	3079	14 (b-5) This subsection (b-5) applies on and after the
3080	3080	15 181st day following July 12, 2019 (the effective date of
3081	3081	16 Public Act 101-80). A person under 21 years of age who is
3082	3082	17 not an active duty member of the United States Armed
3083	3083	18 Forces or the Illinois National Guard and does not have
3084	3084	19 the written consent of his or her parent or guardian to
3085	3085	20 acquire and possess firearms and firearm ammunition, or
3086	3086	21 whose parent or guardian has revoked such written consent,
3087	3087	22 or where such parent or guardian does not qualify to have a
3088	3088	23 Firearm Owner's Identification Card;
3089	3089	24 (c) A person convicted of a felony under the laws of
3090	3090	25 this or any other jurisdiction;
3091	3091	26 (d) A person addicted to narcotics;
3092	3092
3093	3093
3094	3094
3095	3095
3096	3096
3097	3097	SB2475 - 86 - LRB104 10922 KTG 21004 b
3098	3098
3099	3099
3100	3100	SB2475- 87 -LRB104 10922 KTG 21004 b SB2475 - 87 - LRB104 10922 KTG 21004 b
3101	3101	SB2475 - 87 - LRB104 10922 KTG 21004 b
3102	3102	1 (e) A person who has been a patient of a mental health
3103	3103	2 facility within the past 5 years or a person who has been a
3104	3104	3 patient in a mental health facility more than 5 years ago
3105	3105	4 who has not received the certification required under
3106	3106	5 subsection (u) of this Section. An active law enforcement
3107	3107	6 officer employed by a unit of government or a Department
3108	3108	7 of Corrections employee authorized to possess firearms who
3109	3109	8 is denied, revoked, or has his or her Firearm Owner's
3110	3110	9 Identification Card seized under this subsection (e) may
3111	3111	10 obtain relief as described in subsection (c-5) of Section
3112	3112	11 10 of this Act if the officer or employee did not act in a
3113	3113	12 manner threatening to the officer or employee, another
3114	3114	13 person, or the public as determined by the treating
3115	3115	14 clinical psychologist or physician, and the officer or
3116	3116	15 employee seeks mental health treatment;
3117	3117	16 (f) A person whose mental condition is of such a
3118	3118	17 nature that it poses a clear and present danger to the
3119	3119	18 applicant, any other person or persons, or the community;
3120	3120	19 (g) A person who has an intellectual disability;
3121	3121	20 (h) A person who intentionally makes a false statement
3122	3122	21 in the Firearm Owner's Identification Card application or
3123	3123	22 endorsement affidavit;
3124	3124	23 (i) A noncitizen who is unlawfully present in the
3125	3125	24 United States under the laws of the United States;
3126	3126	25 (i-5) A noncitizen who has been admitted to the United
3127	3127	26 States under a non-immigrant visa (as that term is defined
3128	3128
3129	3129
3130	3130
3131	3131
3132	3132
3133	3133	SB2475 - 87 - LRB104 10922 KTG 21004 b
3134	3134
3135	3135
3136	3136	SB2475- 88 -LRB104 10922 KTG 21004 b SB2475 - 88 - LRB104 10922 KTG 21004 b
3137	3137	SB2475 - 88 - LRB104 10922 KTG 21004 b
3138	3138	1 in Section 101(a)(26) of the Immigration and Nationality
3139	3139	2 Act (8 U.S.C. 1101(a)(26))), except that this subsection
3140	3140	3 (i-5) does not apply to any noncitizen who has been
3141	3141	4 lawfully admitted to the United States under a
3142	3142	5 non-immigrant visa if that noncitizen is:
3143	3143	6 (1) admitted to the United States for lawful
3144	3144	7 hunting or sporting purposes;
3145	3145	8 (2) an official representative of a foreign
3146	3146	9 government who is:
3147	3147	10 (A) accredited to the United States Government
3148	3148	11 or the Government's mission to an international
3149	3149	12 organization having its headquarters in the United
3150	3150	13 States; or
3151	3151	14 (B) en route to or from another country to
3152	3152	15 which that noncitizen is accredited;
3153	3153	16 (3) an official of a foreign government or
3154	3154	17 distinguished foreign visitor who has been so
3155	3155	18 designated by the Department of State;
3156	3156	19 (4) a foreign law enforcement officer of a
3157	3157	20 friendly foreign government entering the United States
3158	3158	21 on official business; or
3159	3159	22 (5) one who has received a waiver from the
3160	3160	23 Attorney General of the United States pursuant to 18
3161	3161	24 U.S.C. 922(y)(3);
3162	3162	25 (j) (Blank);
3163	3163	26 (k) A person who has been convicted within the past 5
3164	3164
3165	3165
3166	3166
3167	3167
3168	3168
3169	3169	SB2475 - 88 - LRB104 10922 KTG 21004 b
3170	3170
3171	3171
3172	3172	SB2475- 89 -LRB104 10922 KTG 21004 b SB2475 - 89 - LRB104 10922 KTG 21004 b
3173	3173	SB2475 - 89 - LRB104 10922 KTG 21004 b
3174	3174	1 years of battery, assault, aggravated assault, violation
3175	3175	2 of an order of protection, or a substantially similar
3176	3176	3 offense in another jurisdiction, in which a firearm was
3177	3177	4 used or possessed;
3178	3178	5 (l) A person who has been convicted of domestic
3179	3179	6 battery, aggravated domestic battery, or a substantially
3180	3180	7 similar offense in another jurisdiction committed before,
3181	3181	8 on or after January 1, 2012 (the effective date of Public
3182	3182	9 Act 97-158). If the applicant or person who has been
3183	3183	10 previously issued a Firearm Owner's Identification Card
3184	3184	11 under this Act knowingly and intelligently waives the
3185	3185	12 right to have an offense described in this paragraph (l)
3186	3186	13 tried by a jury, and by guilty plea or otherwise, results
3187	3187	14 in a conviction for an offense in which a domestic
3188	3188	15 relationship is not a required element of the offense but
3189	3189	16 in which a determination of the applicability of 18 U.S.C.
3190	3190	17 922(g)(9) is made under Section 112A-11.1 of the Code of
3191	3191	18 Criminal Procedure of 1963, an entry by the court of a
3192	3192	19 judgment of conviction for that offense shall be grounds
3193	3193	20 for denying an application for and for revoking and
3194	3194	21 seizing a Firearm Owner's Identification Card previously
3195	3195	22 issued to the person under this Act;
3196	3196	23 (m) (Blank);
3197	3197	24 (n) A person who is prohibited from acquiring or
3198	3198	25 possessing firearms or firearm ammunition by any Illinois
3199	3199	26 State statute or by federal law;
3200	3200
3201	3201
3202	3202
3203	3203
3204	3204
3205	3205	SB2475 - 89 - LRB104 10922 KTG 21004 b
3206	3206
3207	3207
3208	3208	SB2475- 90 -LRB104 10922 KTG 21004 b SB2475 - 90 - LRB104 10922 KTG 21004 b
3209	3209	SB2475 - 90 - LRB104 10922 KTG 21004 b
3210	3210	1 (o) A minor subject to a petition filed under Section
3211	3211	2 5-520 of the Juvenile Court Act of 1987 alleging that the
3212	3212	3 minor is a delinquent minor for the commission of an
3213	3213	4 offense that if committed by an adult would be a felony;
3214	3214	5 (p) An adult who had been adjudicated a delinquent
3215	3215	6 minor under the Juvenile Court Act of 1987 for the
3216	3216	7 commission of an offense that if committed by an adult
3217	3217	8 would be a felony;
3218	3218	9 (q) A person who is not a resident of the State of
3219	3219	10 Illinois, except as provided in subsection (a-10) of
3220	3220	11 Section 4;
3221	3221	12 (r) A person who has been adjudicated as a person with
3222	3222	13 a mental disability;
3223	3223	14 (s) A person who has been found to have a
3224	3224	15 developmental disability;
3225	3225	16 (t) A person involuntarily admitted into a mental
3226	3226	17 health facility; or
3227	3227	18 (u) A person who has had his or her Firearm Owner's
3228	3228	19 Identification Card revoked or denied under subsection (e)
3229	3229	20 of this Section or item (iv) of paragraph (2) of
3230	3230	21 subsection (a) of Section 4 of this Act because he or she
3231	3231	22 was a patient in a mental health facility as provided in
3232	3232	23 subsection (e) of this Section, shall not be permitted to
3233	3233	24 obtain a Firearm Owner's Identification Card, after the
3234	3234	25 5-year period has lapsed, unless he or she has received a
3235	3235	26 mental health evaluation by a physician, clinical
3236	3236
3237	3237
3238	3238
3239	3239
3240	3240
3241	3241	SB2475 - 90 - LRB104 10922 KTG 21004 b
3242	3242
3243	3243
3244	3244	SB2475- 91 -LRB104 10922 KTG 21004 b SB2475 - 91 - LRB104 10922 KTG 21004 b
3245	3245	SB2475 - 91 - LRB104 10922 KTG 21004 b
3246	3246	1 psychologist, advanced practice psychiatric nurse, or
3247	3247	2 qualified examiner as those terms are defined in the
3248	3248	3 Mental Health and Developmental Disabilities Code, and has
3249	3249	4 received a certification that he or she is not a clear and
3250	3250	5 present danger to himself, herself, or others. The
3251	3251	6 physician, clinical psychologist, advanced practice
3252	3252	7 psychiatric nurse, or qualified examiner making the
3253	3253	8 certification and his or her employer shall not be held
3254	3254	9 criminally, civilly, or professionally liable for making
3255	3255	10 or not making the certification required under this
3256	3256	11 subsection, except for willful or wanton misconduct. This
3257	3257	12 subsection does not apply to a person whose firearm
3258	3258	13 possession rights have been restored through
3259	3259	14 administrative or judicial action under Section 10 or 11
3260	3260	15 of this Act.
3261	3261	16 Upon revocation of a person's Firearm Owner's
3262	3262	17 Identification Card, the Illinois State Police shall provide
3263	3263	18 notice to the person and the person shall comply with Section
3264	3264	19 9.5 of this Act.
3265	3265	20 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
3266	3266	21 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
3267	3267	22 5-27-22; 102-1116, eff. 1-10-23.)
3268	3268	23 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
3269	3269	24 Sec. 8.1. Notifications to the Illinois State Police.
3270	3270	25 (a) The Circuit Clerk shall, in the form and manner
3271	3271
3272	3272
3273	3273
3274	3274
3275	3275
3276	3276	SB2475 - 91 - LRB104 10922 KTG 21004 b
3277	3277
3278	3278
3279	3279	SB2475- 92 -LRB104 10922 KTG 21004 b SB2475 - 92 - LRB104 10922 KTG 21004 b
3280	3280	SB2475 - 92 - LRB104 10922 KTG 21004 b
3281	3281	1 required by the Supreme Court, notify the Illinois State
3282	3282	2 Police of all final dispositions of cases for which the
3283	3283	3 Department has received information reported to it under
3284	3284	4 Sections 2.1 and 2.2 of the Criminal Identification Act.
3285	3285	5 (b) Upon adjudication of any individual as a person with a
3286	3286	6 mental disability as defined in Section 1.1 of this Act or a
3287	3287	7 finding that a person has been involuntarily admitted, the
3288	3288	8 court shall direct the circuit court clerk to immediately
3289	3289	9 notify the Illinois State Police, Firearm Owner's
3290	3290	10 Identification (FOID) department, and shall forward a copy of
3291	3291	11 the court order to the Department.
3292	3292	12 (b-1) Beginning July 1, 2016, and each July 1 and December
3293	3293	13 30 of every year thereafter, the circuit court clerk shall, in
3294	3294	14 the form and manner prescribed by the Illinois State Police,
3295	3295	15 notify the Illinois State Police, Firearm Owner's
3296	3296	16 Identification (FOID) department if the court has not directed
3297	3297	17 the circuit court clerk to notify the Illinois State Police,
3298	3298	18 Firearm Owner's Identification (FOID) department under
3299	3299	19 subsection (b) of this Section, within the preceding 6 months,
3300	3300	20 because no person has been adjudicated as a person with a
3301	3301	21 mental disability by the court as defined in Section 1.1 of
3302	3302	22 this Act or if no person has been involuntarily admitted. The
3303	3303	23 Supreme Court may adopt any orders or rules necessary to
3304	3304	24 identify the persons who shall be reported to the Illinois
3305	3305	25 State Police under subsection (b), or any other orders or
3306	3306	26 rules necessary to implement the requirements of this Act.
3307	3307
3308	3308
3309	3309
3310	3310
3311	3311
3312	3312	SB2475 - 92 - LRB104 10922 KTG 21004 b
3313	3313
3314	3314
3315	3315	SB2475- 93 -LRB104 10922 KTG 21004 b SB2475 - 93 - LRB104 10922 KTG 21004 b
3316	3316	SB2475 - 93 - LRB104 10922 KTG 21004 b
3317	3317	1 (c) The Department of Human Services shall, in the form
3318	3318	2 and manner prescribed by the Illinois State Police, report all
3319	3319	3 information collected under subsection (b) of Section 12 of
3320	3320	4 the Mental Health and Developmental Disabilities
3321	3321	5 Confidentiality Act for the purpose of determining whether a
3322	3322	6 person who may be or may have been a patient in a mental health
3323	3323	7 facility is disqualified under State or federal law from
3324	3324	8 receiving or retaining a Firearm Owner's Identification Card,
3325	3325	9 or purchasing a weapon.
3326	3326	10 (d) If a person is determined to pose a clear and present
3327	3327	11 danger to himself, herself, or to others:
3328	3328	12 (1) by a physician, clinical psychologist, advanced
3329	3329	13 practice psychiatric nurse, or qualified examiner, or is
3330	3330	14 determined to have a developmental disability by a
3331	3331	15 physician, clinical psychologist, advanced practice
3332	3332	16 psychiatric nurse, or qualified examiner, whether employed
3333	3333	17 by the State or privately, then the physician, clinical
3334	3334	18 psychologist, advanced practice psychiatric nurse, or
3335	3335	19 qualified examiner shall, within 24 hours of making the
3336	3336	20 determination, notify the Department of Human Services
3337	3337	21 that the person poses a clear and present danger or has a
3338	3338	22 developmental disability; or
3339	3339	23 (2) by a law enforcement official or school
3340	3340	24 administrator, then the law enforcement official or school
3341	3341	25 administrator shall, within 24 hours of making the
3342	3342	26 determination, notify the Illinois State Police that the
3343	3343
3344	3344
3345	3345
3346	3346
3347	3347
3348	3348	SB2475 - 93 - LRB104 10922 KTG 21004 b
3349	3349
3350	3350
3351	3351	SB2475- 94 -LRB104 10922 KTG 21004 b SB2475 - 94 - LRB104 10922 KTG 21004 b
3352	3352	SB2475 - 94 - LRB104 10922 KTG 21004 b
3353	3353	1 person poses a clear and present danger.
3354	3354	2 The Department of Human Services shall immediately update
3355	3355	3 its records and information relating to mental health and
3356	3356	4 developmental disabilities, and if appropriate, shall notify
3357	3357	5 the Illinois State Police in a form and manner prescribed by
3358	3358	6 the Illinois State Police. The Illinois State Police shall
3359	3359	7 determine whether to revoke the person's Firearm Owner's
3360	3360	8 Identification Card under Section 8 of this Act. Any
3361	3361	9 information disclosed under this subsection shall remain
3362	3362	10 privileged and confidential, and shall not be redisclosed,
3363	3363	11 except as required under subsection (e) of Section 3.1 of this
3364	3364	12 Act, nor used for any other purpose. The method of providing
3365	3365	13 this information shall guarantee that the information is not
3366	3366	14 released beyond what is necessary for the purpose of this
3367	3367	15 Section and shall be provided by rule by the Department of
3368	3368	16 Human Services. The identity of the person reporting under
3369	3369	17 this Section shall not be disclosed to the subject of the
3370	3370	18 report. The physician, clinical psychologist, advanced
3371	3371	19 practice psychiatric nurse, qualified examiner, law
3372	3372	20 enforcement official, or school administrator making the
3373	3373	21 determination and his or her employer shall not be held
3374	3374	22 criminally, civilly, or professionally liable for making or
3375	3375	23 not making the notification required under this subsection,
3376	3376	24 except for willful or wanton misconduct.
3377	3377	25 (e) The Illinois State Police shall adopt rules to
3378	3378	26 implement this Section.
3379	3379
3380	3380
3381	3381
3382	3382
3383	3383
3384	3384	SB2475 - 94 - LRB104 10922 KTG 21004 b
3385	3385
3386	3386
3387	3387	SB2475- 95 -LRB104 10922 KTG 21004 b SB2475 - 95 - LRB104 10922 KTG 21004 b
3388	3388	SB2475 - 95 - LRB104 10922 KTG 21004 b
3389	3389	1 (Source: P.A. 102-538, eff. 8-20-21.)
3390	3390	2 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
3391	3391	3 Sec. 10. Appeals; hearing; relief from firearm
3392	3392	4 prohibitions.
3393	3393	5 (a) Whenever an application for a Firearm Owner's
3394	3394	6 Identification Card is denied or whenever such a Card is
3395	3395	7 revoked or seized as provided for in Section 8 of this Act, the
3396	3396	8 aggrieved party may (1) file a record challenge with the
3397	3397	9 Director regarding the record upon which the decision to deny
3398	3398	10 or revoke the Firearm Owner's Identification Card was based
3399	3399	11 under subsection (a-5); or (2) appeal to the Director of the
3400	3400	12 Illinois State Police through December 31, 2022, or beginning
3401	3401	13 January 1, 2023, the Firearm Owner's Identification Card
3402	3402	14 Review Board for a hearing seeking relief from such denial or
3403	3403	15 revocation unless the denial or revocation was based upon a
3404	3404	16 forcible felony, stalking, aggravated stalking, domestic
3405	3405	17 battery, any violation of the Illinois Controlled Substances
3406	3406	18 Act, the Methamphetamine Control and Community Protection Act,
3407	3407	19 or the Cannabis Control Act that is classified as a Class 2 or
3408	3408	20 greater felony, any felony violation of Article 24 of the
3409	3409	21 Criminal Code of 1961 or the Criminal Code of 2012, or any
3410	3410	22 adjudication as a delinquent minor for the commission of an
3411	3411	23 offense that if committed by an adult would be a felony, in
3412	3412	24 which case the aggrieved party may petition the circuit court
3413	3413	25 in writing in the county of his or her residence for a hearing
3414	3414
3415	3415
3416	3416
3417	3417
3418	3418
3419	3419	SB2475 - 95 - LRB104 10922 KTG 21004 b
3420	3420
3421	3421
3422	3422	SB2475- 96 -LRB104 10922 KTG 21004 b SB2475 - 96 - LRB104 10922 KTG 21004 b
3423	3423	SB2475 - 96 - LRB104 10922 KTG 21004 b
3424	3424	1 seeking relief from such denial or revocation.
3425	3425	2 (a-5) There is created a Firearm Owner's Identification
3426	3426	3 Card Review Board to consider any appeal under subsection (a)
3427	3427	4 beginning January 1, 2023, other than an appeal directed to
3428	3428	5 the circuit court and except when the applicant is challenging
3429	3429	6 the record upon which the decision to deny or revoke was based
3430	3430	7 as provided in subsection (a-10).
3431	3431	8 (0.05) In furtherance of the policy of this Act that
3432	3432	9 the Board shall exercise its powers and duties in an
3433	3433	10 independent manner, subject to the provisions of this Act
3434	3434	11 but free from the direction, control, or influence of any
3435	3435	12 other agency or department of State government. All
3436	3436	13 expenses and liabilities incurred by the Board in the
3437	3437	14 performance of its responsibilities hereunder shall be
3438	3438	15 paid from funds which shall be appropriated to the Board
3439	3439	16 by the General Assembly for the ordinary and contingent
3440	3440	17 expenses of the Board.
3441	3441	18 (1) The Board shall consist of 7 members appointed by
3442	3442	19 the Governor, with the advice and consent of the Senate,
3443	3443	20 with 3 members residing within the First Judicial District
3444	3444	21 and one member residing within each of the 4 remaining
3445	3445	22 Judicial Districts. No more than 4 members shall be
3446	3446	23 members of the same political party. The Governor shall
3447	3447	24 designate one member as the chairperson. The members shall
3448	3448	25 have actual experience in law, education, social work,
3449	3449	26 behavioral sciences, law enforcement, or community affairs
3450	3450
3451	3451
3452	3452
3453	3453
3454	3454
3455	3455	SB2475 - 96 - LRB104 10922 KTG 21004 b
3456	3456
3457	3457
3458	3458	SB2475- 97 -LRB104 10922 KTG 21004 b SB2475 - 97 - LRB104 10922 KTG 21004 b
3459	3459	SB2475 - 97 - LRB104 10922 KTG 21004 b
3460	3460	1 or in a combination of those areas.
3461	3461	2 (2) The terms of the members initially appointed after
3462	3462	3 January 1, 2022 (the effective date of Public Act 102-237)
3463	3463	4 shall be as follows: one of the initial members shall be
3464	3464	5 appointed for a term of one year, 3 shall be appointed for
3465	3465	6 terms of 2 years, and 3 shall be appointed for terms of 4
3466	3466	7 years. Thereafter, members shall hold office for 4 years,
3467	3467	8 with terms expiring on the second Monday in January
3468	3468	9 immediately following the expiration of their terms and
3469	3469	10 every 4 years thereafter. Members may be reappointed.
3470	3470	11 Vacancies in the office of member shall be filled in the
3471	3471	12 same manner as the original appointment, for the remainder
3472	3472	13 of the unexpired term. The Governor may remove a member
3473	3473	14 for incompetence, neglect of duty, malfeasance, or
3474	3474	15 inability to serve. Members shall receive compensation in
3475	3475	16 an amount equal to the compensation of members of the
3476	3476	17 Executive Ethics Commission and, beginning July 1, 2023,
3477	3477	18 shall be compensated from appropriations provided to the
3478	3478	19 Comptroller for this purpose. Members may be reimbursed,
3479	3479	20 from funds appropriated for such a purpose, for reasonable
3480	3480	21 expenses actually incurred in the performance of their
3481	3481	22 Board duties. The Illinois State Police shall designate an
3482	3482	23 employee to serve as Executive Director of the Board and
3483	3483	24 provide logistical and administrative assistance to the
3484	3484	25 Board.
3485	3485	26 (3) The Board shall meet at least quarterly each year
3486	3486
3487	3487
3488	3488
3489	3489
3490	3490
3491	3491	SB2475 - 97 - LRB104 10922 KTG 21004 b
3492	3492
3493	3493
3494	3494	SB2475- 98 -LRB104 10922 KTG 21004 b SB2475 - 98 - LRB104 10922 KTG 21004 b
3495	3495	SB2475 - 98 - LRB104 10922 KTG 21004 b
3496	3496	1 and at the call of the chairperson as often as necessary to
3497	3497	2 consider appeals of decisions made with respect to
3498	3498	3 applications for a Firearm Owner's Identification Card
3499	3499	4 under this Act. If necessary to ensure the participation
3500	3500	5 of a member, the Board shall allow a member to participate
3501	3501	6 in a Board meeting by electronic communication. Any member
3502	3502	7 participating electronically shall be deemed present for
3503	3503	8 purposes of establishing a quorum and voting.
3504	3504	9 (4) The Board shall adopt rules for the review of
3505	3505	10 appeals and the conduct of hearings. The Board shall
3506	3506	11 maintain a record of its decisions and all materials
3507	3507	12 considered in making its decisions. All Board decisions
3508	3508	13 and voting records shall be kept confidential and all
3509	3509	14 materials considered by the Board shall be exempt from
3510	3510	15 inspection except upon order of a court.
3511	3511	16 (5) In considering an appeal, the Board shall review
3512	3512	17 the materials received concerning the denial or revocation
3513	3513	18 by the Illinois State Police. By a vote of at least 4
3514	3514	19 members, the Board may request additional information from
3515	3515	20 the Illinois State Police or the applicant or the
3516	3516	21 testimony of the Illinois State Police or the applicant.
3517	3517	22 The Board may require that the applicant submit electronic
3518	3518	23 fingerprints to the Illinois State Police for an updated
3519	3519	24 background check if the Board determines it lacks
3520	3520	25 sufficient information to determine eligibility. The Board
3521	3521	26 may consider information submitted by the Illinois State
3522	3522
3523	3523
3524	3524
3525	3525
3526	3526
3527	3527	SB2475 - 98 - LRB104 10922 KTG 21004 b
3528	3528
3529	3529
3530	3530	SB2475- 99 -LRB104 10922 KTG 21004 b SB2475 - 99 - LRB104 10922 KTG 21004 b
3531	3531	SB2475 - 99 - LRB104 10922 KTG 21004 b
3532	3532	1 Police, a law enforcement agency, or the applicant. The
3533	3533	2 Board shall review each denial or revocation and determine
3534	3534	3 by a majority of members whether an applicant should be
3535	3535	4 granted relief under subsection (c).
3536	3536	5 (6) The Board shall by order issue summary decisions.
3537	3537	6 The Board shall issue a decision within 45 days of
3538	3538	7 receiving all completed appeal documents from the Illinois
3539	3539	8 State Police and the applicant. However, the Board need
3540	3540	9 not issue a decision within 45 days if:
3541	3541	10 (A) the Board requests information from the
3542	3542	11 applicant, including, but not limited to, electronic
3543	3543	12 fingerprints to be submitted to the Illinois State
3544	3544	13 Police, in accordance with paragraph (5) of this
3545	3545	14 subsection, in which case the Board shall make a
3546	3546	15 decision within 30 days of receipt of the required
3547	3547	16 information from the applicant;
3548	3548	17 (B) the applicant agrees, in writing, to allow the
3549	3549	18 Board additional time to consider an appeal; or
3550	3550	19 (C) the Board notifies the applicant and the
3551	3551	20 Illinois State Police that the Board needs an
3552	3552	21 additional 30 days to issue a decision. The Board may
3553	3553	22 only issue 2 extensions under this subparagraph (C).
3554	3554	23 The Board's notification to the applicant and the
3555	3555	24 Illinois State Police shall include an explanation for
3556	3556	25 the extension.
3557	3557	26 (7) If the Board determines that the applicant is
3558	3558
3559	3559
3560	3560
3561	3561
3562	3562
3563	3563	SB2475 - 99 - LRB104 10922 KTG 21004 b
3564	3564
3565	3565
3566	3566	SB2475- 100 -LRB104 10922 KTG 21004 b SB2475 - 100 - LRB104 10922 KTG 21004 b
3567	3567	SB2475 - 100 - LRB104 10922 KTG 21004 b
3568	3568	1 eligible for relief under subsection (c), the Board shall
3569	3569	2 notify the applicant and the Illinois State Police that
3570	3570	3 relief has been granted and the Illinois State Police
3571	3571	4 shall issue the Card.
3572	3572	5 (8) Meetings of the Board shall not be subject to the
3573	3573	6 Open Meetings Act and records of the Board shall not be
3574	3574	7 subject to the Freedom of Information Act.
3575	3575	8 (9) The Board shall report monthly to the Governor and
3576	3576	9 the General Assembly on the number of appeals received and
3577	3577	10 provide details of the circumstances in which the Board
3578	3578	11 has determined to deny Firearm Owner's Identification
3579	3579	12 Cards under this subsection (a-5). The report shall not
3580	3580	13 contain any identifying information about the applicants.
3581	3581	14 (a-10) Whenever an applicant or cardholder is not seeking
3582	3582	15 relief from a firearms prohibition under subsection (c) but
3583	3583	16 rather does not believe the applicant is appropriately denied
3584	3584	17 or revoked and is challenging the record upon which the
3585	3585	18 decision to deny or revoke the Firearm Owner's Identification
3586	3586	19 Card was based, or whenever the Illinois State Police fails to
3587	3587	20 act on an application within 30 days of its receipt, the
3588	3588	21 applicant shall file such challenge with the Director. The
3589	3589	22 Director shall render a decision within 60 business days of
3590	3590	23 receipt of all information supporting the challenge. The
3591	3591	24 Illinois State Police shall adopt rules for the review of a
3592	3592	25 record challenge.
3593	3593	26 (b) At least 30 days before any hearing in the circuit
3594	3594
3595	3595
3596	3596
3597	3597
3598	3598
3599	3599	SB2475 - 100 - LRB104 10922 KTG 21004 b
3600	3600
3601	3601
3602	3602	SB2475- 101 -LRB104 10922 KTG 21004 b SB2475 - 101 - LRB104 10922 KTG 21004 b
3603	3603	SB2475 - 101 - LRB104 10922 KTG 21004 b
3604	3604	1 court, the petitioner shall serve the relevant State's
3605	3605	2 Attorney with a copy of the petition. The State's Attorney may
3606	3606	3 object to the petition and present evidence. At the hearing,
3607	3607	4 the court shall determine whether substantial justice has been
3608	3608	5 done. Should the court determine that substantial justice has
3609	3609	6 not been done, the court shall issue an order directing the
3610	3610	7 Illinois State Police to issue a Card. However, the court
3611	3611	8 shall not issue the order if the petitioner is otherwise
3612	3612	9 prohibited from obtaining, possessing, or using a firearm
3613	3613	10 under federal law.
3614	3614	11 (c) Any person prohibited from possessing a firearm under
3615	3615	12 Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
3616	3616	13 acquiring a Firearm Owner's Identification Card under Section
3617	3617	14 8 of this Act may apply to the Firearm Owner's Identification
3618	3618	15 Card Review Board or petition the circuit court in the county
3619	3619	16 where the petitioner resides, whichever is applicable in
3620	3620	17 accordance with subsection (a) of this Section, requesting
3621	3621	18 relief from such prohibition and the Board or court may grant
3622	3622	19 such relief if it is established by the applicant to the
3623	3623	20 court's or the Board's satisfaction that:
3624	3624	21 (0.05) when in the circuit court, the State's Attorney
3625	3625	22 has been served with a written copy of the petition at
3626	3626	23 least 30 days before any such hearing in the circuit court
3627	3627	24 and at the hearing the State's Attorney was afforded an
3628	3628	25 opportunity to present evidence and object to the
3629	3629	26 petition;
3630	3630
3631	3631
3632	3632
3633	3633
3634	3634
3635	3635	SB2475 - 101 - LRB104 10922 KTG 21004 b
3636	3636
3637	3637
3638	3638	SB2475- 102 -LRB104 10922 KTG 21004 b SB2475 - 102 - LRB104 10922 KTG 21004 b
3639	3639	SB2475 - 102 - LRB104 10922 KTG 21004 b
3640	3640	1 (1) the applicant has not been convicted of a forcible
3641	3641	2 felony under the laws of this State or any other
3642	3642	3 jurisdiction within 20 years of the applicant's
3643	3643	4 application for a Firearm Owner's Identification Card, or
3644	3644	5 at least 20 years have passed since the end of any period
3645	3645	6 of imprisonment imposed in relation to that conviction;
3646	3646	7 (2) the circumstances regarding a criminal conviction,
3647	3647	8 where applicable, the applicant's criminal history and his
3648	3648	9 reputation are such that the applicant will not be likely
3649	3649	10 to act in a manner dangerous to public safety;
3650	3650	11 (3) granting relief would not be contrary to the
3651	3651	12 public interest; and
3652	3652	13 (4) granting relief would not be contrary to federal
3653	3653	14 law.
3654	3654	15 (c-5) (1) An active law enforcement officer employed by a
3655	3655	16 unit of government or a Department of Corrections employee
3656	3656	17 authorized to possess firearms who is denied, revoked, or has
3657	3657	18 his or her Firearm Owner's Identification Card seized under
3658	3658	19 subsection (e) of Section 8 of this Act may apply to the
3659	3659	20 Firearm Owner's Identification Card Review Board requesting
3660	3660	21 relief if the officer or employee did not act in a manner
3661	3661	22 threatening to the officer or employee, another person, or the
3662	3662	23 public as determined by the treating clinical psychologist or
3663	3663	24 physician, and as a result of his or her work is referred by
3664	3664	25 the employer for or voluntarily seeks mental health evaluation
3665	3665	26 or treatment by a licensed clinical psychologist,
3666	3666
3667	3667
3668	3668
3669	3669
3670	3670
3671	3671	SB2475 - 102 - LRB104 10922 KTG 21004 b
3672	3672
3673	3673
3674	3674	SB2475- 103 -LRB104 10922 KTG 21004 b SB2475 - 103 - LRB104 10922 KTG 21004 b
3675	3675	SB2475 - 103 - LRB104 10922 KTG 21004 b
3676	3676	1 psychiatrist, advanced practice psychiatric nurse, or
3677	3677	2 qualified examiner, and:
3678	3678	3 (A) the officer or employee has not received treatment
3679	3679	4 involuntarily at a mental health facility, regardless of
3680	3680	5 the length of admission; or has not been voluntarily
3681	3681	6 admitted to a mental health facility for more than 30 days
3682	3682	7 and not for more than one incident within the past 5 years;
3683	3683	8 and
3684	3684	9 (B) the officer or employee has not left the mental
3685	3685	10 institution against medical advice.
3686	3686	11 (2) The Firearm Owner's Identification Card Review Board
3687	3687	12 shall grant expedited relief to active law enforcement
3688	3688	13 officers and employees described in paragraph (1) of this
3689	3689	14 subsection (c-5) upon a determination by the Board that the
3690	3690	15 officer's or employee's possession of a firearm does not
3691	3691	16 present a threat to themselves, others, or public safety. The
3692	3692	17 Board shall act on the request for relief within 30 business
3693	3693	18 days of receipt of:
3694	3694	19 (A) a notarized statement from the officer or employee
3695	3695	20 in the form prescribed by the Board detailing the
3696	3696	21 circumstances that led to the hospitalization;
3697	3697	22 (B) all documentation regarding the admission,
3698	3698	23 evaluation, treatment and discharge from the treating
3699	3699	24 licensed clinical psychologist or psychiatrist of the
3700	3700	25 officer;
3701	3701	26 (C) a psychological fitness for duty evaluation of the
3702	3702
3703	3703
3704	3704
3705	3705
3706	3706
3707	3707	SB2475 - 103 - LRB104 10922 KTG 21004 b
3708	3708
3709	3709
3710	3710	SB2475- 104 -LRB104 10922 KTG 21004 b SB2475 - 104 - LRB104 10922 KTG 21004 b
3711	3711	SB2475 - 104 - LRB104 10922 KTG 21004 b
3712	3712	1 person completed after the time of discharge; and
3713	3713	2 (D) written confirmation in the form prescribed by the
3714	3714	3 Board from the treating licensed clinical psychologist or
3715	3715	4 psychiatrist that the provisions set forth in paragraph
3716	3716	5 (1) of this subsection (c-5) have been met, the person
3717	3717	6 successfully completed treatment, and their professional
3718	3718	7 opinion regarding the person's ability to possess
3719	3719	8 firearms.
3720	3720	9 (3) Officers and employees eligible for the expedited
3721	3721	10 relief in paragraph (2) of this subsection (c-5) have the
3722	3722	11 burden of proof on eligibility and must provide all
3723	3723	12 information required. The Board may not consider granting
3724	3724	13 expedited relief until the proof and information is received.
3725	3725	14 (4) "Clinical psychologist", "psychiatrist", advanced
3726	3726	15 practice psychiatric nurse, and "qualified examiner" shall
3727	3727	16 have the same meaning as provided in Chapter I of the Mental
3728	3728	17 Health and Developmental Disabilities Code.
3729	3729	18 (c-10) (1) An applicant, who is denied, revoked, or has
3730	3730	19 his or her Firearm Owner's Identification Card seized under
3731	3731	20 subsection (e) of Section 8 of this Act based upon a
3732	3732	21 determination of a developmental disability or an intellectual
3733	3733	22 disability may apply to the Firearm Owner's Identification
3734	3734	23 Card Review Board requesting relief.
3735	3735	24 (2) The Board shall act on the request for relief within 60
3736	3736	25 business days of receipt of written certification, in the form
3737	3737	26 prescribed by the Board, from a physician or clinical
3738	3738
3739	3739
3740	3740
3741	3741
3742	3742
3743	3743	SB2475 - 104 - LRB104 10922 KTG 21004 b
3744	3744
3745	3745
3746	3746	SB2475- 105 -LRB104 10922 KTG 21004 b SB2475 - 105 - LRB104 10922 KTG 21004 b
3747	3747	SB2475 - 105 - LRB104 10922 KTG 21004 b
3748	3748	1 psychologist, advanced practice psychiatric nurse, or
3749	3749	2 qualified examiner, that the aggrieved party's developmental
3750	3750	3 disability or intellectual disability condition is determined
3751	3751	4 by a physician, clinical psychologist, or qualified to be
3752	3752	5 mild. If a fact-finding conference is scheduled to obtain
3753	3753	6 additional information concerning the circumstances of the
3754	3754	7 denial or revocation, the 60 business days the Director has to
3755	3755	8 act shall be tolled until the completion of the fact-finding
3756	3756	9 conference.
3757	3757	10 (3) The Board may grant relief if the aggrieved party's
3758	3758	11 developmental disability or intellectual disability is mild as
3759	3759	12 determined by a physician, clinical psychologist, advanced
3760	3760	13 practice psychiatric nurse, or qualified examiner and it is
3761	3761	14 established by the applicant to the Board's satisfaction that:
3762	3762	15 (A) granting relief would not be contrary to the
3763	3763	16 public interest; and
3764	3764	17 (B) granting relief would not be contrary to federal
3765	3765	18 law.
3766	3766	19 (4) The Board may not grant relief if the condition is
3767	3767	20 determined by a physician, clinical psychologist, advanced
3768	3768	21 practice psychiatric nurse, or qualified examiner to be
3769	3769	22 moderate, severe, or profound.
3770	3770	23 (5) The changes made to this Section by Public Act 99-29
3771	3771	24 apply to requests for relief pending on or before July 10, 2015
3772	3772	25 (the effective date of Public Act 99-29), except that the
3773	3773	26 60-day period for the Director to act on requests pending
3774	3774
3775	3775
3776	3776
3777	3777
3778	3778
3779	3779	SB2475 - 105 - LRB104 10922 KTG 21004 b
3780	3780
3781	3781
3782	3782	SB2475- 106 -LRB104 10922 KTG 21004 b SB2475 - 106 - LRB104 10922 KTG 21004 b
3783	3783	SB2475 - 106 - LRB104 10922 KTG 21004 b
3784	3784	1 before the effective date shall begin on July 10, 2015 (the
3785	3785	2 effective date of Public Act 99-29). All appeals as provided
3786	3786	3 in subsection (a-5) pending on January 1, 2023 shall be
3787	3787	4 considered by the Board.
3788	3788	5 (d) When a minor is adjudicated delinquent for an offense
3789	3789	6 which if committed by an adult would be a felony, the court
3790	3790	7 shall notify the Illinois State Police.
3791	3791	8 (e) The court shall review the denial of an application or
3792	3792	9 the revocation of a Firearm Owner's Identification Card of a
3793	3793	10 person who has been adjudicated delinquent for an offense that
3794	3794	11 if committed by an adult would be a felony if an application
3795	3795	12 for relief has been filed at least 10 years after the
3796	3796	13 adjudication of delinquency and the court determines that the
3797	3797	14 applicant should be granted relief from disability to obtain a
3798	3798	15 Firearm Owner's Identification Card. If the court grants
3799	3799	16 relief, the court shall notify the Illinois State Police that
3800	3800	17 the disability has been removed and that the applicant is
3801	3801	18 eligible to obtain a Firearm Owner's Identification Card.
3802	3802	19 (f) Any person who is subject to the disabilities of 18
3803	3803	20 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
3804	3804	21 of 1968 because of an adjudication or commitment that occurred
3805	3805	22 under the laws of this State or who was determined to be
3806	3806	23 subject to the provisions of subsections (e), (f), or (g) of
3807	3807	24 Section 8 of this Act may apply to the Illinois State Police
3808	3808	25 requesting relief from that prohibition. The Board shall grant
3809	3809	26 the relief if it is established by a preponderance of the
3810	3810
3811	3811
3812	3812
3813	3813
3814	3814
3815	3815	SB2475 - 106 - LRB104 10922 KTG 21004 b
3816	3816
3817	3817
3818	3818	SB2475- 107 -LRB104 10922 KTG 21004 b SB2475 - 107 - LRB104 10922 KTG 21004 b
3819	3819	SB2475 - 107 - LRB104 10922 KTG 21004 b
3820	3820	1 evidence that the person will not be likely to act in a manner
3821	3821	2 dangerous to public safety and that granting relief would not
3822	3822	3 be contrary to the public interest. In making this
3823	3823	4 determination, the Board shall receive evidence concerning (i)
3824	3824	5 the circumstances regarding the firearms disabilities from
3825	3825	6 which relief is sought; (ii) the petitioner's mental health
3826	3826	7 and criminal history records, if any; (iii) the petitioner's
3827	3827	8 reputation, developed at a minimum through character witness
3828	3828	9 statements, testimony, or other character evidence; and (iv)
3829	3829	10 changes in the petitioner's condition or circumstances since
3830	3830	11 the disqualifying events relevant to the relief sought. If
3831	3831	12 relief is granted under this subsection or by order of a court
3832	3832	13 under this Section, the Director shall as soon as practicable
3833	3833	14 but in no case later than 15 business days, update, correct,
3834	3834	15 modify, or remove the person's record in any database that the
3835	3835	16 Illinois State Police makes available to the National Instant
3836	3836	17 Criminal Background Check System and notify the United States
3837	3837	18 Attorney General that the basis for the record being made
3838	3838	19 available no longer applies. The Illinois State Police shall
3839	3839	20 adopt rules for the administration of this Section.
3840	3840	21 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
3841	3841	22 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
3842	3842	23 1-9-23; 102-1129, eff. 2-10-23; 103-605, eff. 7-1-24.)
3843	3843	24 Section 40. The Mental Health and Developmental
3844	3844	25 Disabilities Confidentiality Act is amended by changing
3845	3845
3846	3846
3847	3847
3848	3848
3849	3849
3850	3850	SB2475 - 107 - LRB104 10922 KTG 21004 b
3851	3851
3852	3852
3853	3853	SB2475- 108 -LRB104 10922 KTG 21004 b SB2475 - 108 - LRB104 10922 KTG 21004 b
3854	3854	SB2475 - 108 - LRB104 10922 KTG 21004 b
3855	3855	1 Section 5 as follows:
3856	3856	2 (740 ILCS 110/5) (from Ch. 91 1/2, par. 805)
3857	3857	3 Sec. 5. Disclosure; consent.
3858	3858	4 (a) Except as provided in Sections 6 through 12.2 of this
3859	3859	5 Act, records and communications may be disclosed to someone
3860	3860	6 other than those persons listed in Section 4 of this Act only
3861	3861	7 with the written consent of those persons who are entitled to
3862	3862	8 inspect and copy a recipient's record pursuant to Section 4 of
3863	3863	9 this Act.
3864	3864	10 (b) Every consent form shall be in writing and shall
3865	3865	11 specify the following:
3866	3866	12 (1) the person or agency to whom disclosure is to be
3867	3867	13 made;
3868	3868	14 (2) the purpose for which disclosure is to be made;
3869	3869	15 (3) the nature of the information to be disclosed;
3870	3870	16 (4) the right to inspect and copy the information to
3871	3871	17 be disclosed;
3872	3872	18 (5) the consequences of a refusal to consent, if any; and
3873	3873	19 (6) the calendar date on which the consent expires,
3874	3874	20 provided that if no calendar date is stated, information
3875	3875	21 may be released only on the day the consent form is
3876	3876	22 received by the therapist; and
3877	3877	23 (7) the right to revoke the consent at any time.
3878	3878	24 The consent form shall be signed by the person entitled to
3879	3879	25 give consent and the signature shall be witnessed by a person
3880	3880
3881	3881
3882	3882
3883	3883
3884	3884
3885	3885	SB2475 - 108 - LRB104 10922 KTG 21004 b
3886	3886
3887	3887
3888	3888	SB2475- 109 -LRB104 10922 KTG 21004 b SB2475 - 109 - LRB104 10922 KTG 21004 b
3889	3889	SB2475 - 109 - LRB104 10922 KTG 21004 b
3890	3890	1 who can attest to the identity of the person so entitled. A
3891	3891	2 copy of the consent and a notation as to any action taken
3892	3892	3 thereon shall be entered in the recipient's record. Any
3893	3893	4 revocation of consent shall be in writing, signed by the
3894	3894	5 person who gave the consent and the signature shall be
3895	3895	6 witnessed by a person who can attest to the identity of the
3896	3896	7 person so entitled. No written revocation of consent shall be
3897	3897	8 effective to prevent disclosure of records and communications
3898	3898	9 until it is received by the person otherwise authorized to
3899	3899	10 disclose records and communications.
3900	3900	11 (c) Only information relevant to the purpose for which
3901	3901	12 disclosure is sought may be disclosed. Blanket consent to the
3902	3902	13 disclosure of unspecified information shall not be valid.
3903	3903	14 Advance consent may be valid only if the nature of the
3904	3904	15 information to be disclosed is specified in detail and the
3905	3905	16 duration of the consent is indicated. Consent may be revoked
3906	3906	17 in writing at any time; any such revocation shall have no
3907	3907	18 effect on disclosures made prior thereto.
3908	3908	19 (d) No person or agency to whom any information is
3909	3909	20 disclosed under this Section may redisclose such information
3910	3910	21 unless the person who consented to the disclosure specifically
3911	3911	22 consents to such redisclosure.
3912	3912	23 (e) Except as otherwise provided in this Act, records and
3913	3913	24 communications shall remain confidential after the death of a
3914	3914	25 recipient and shall not be disclosed unless the recipient's
3915	3915	26 representative, as defined in the Probate Act of 1975 and the
3916	3916
3917	3917
3918	3918
3919	3919
3920	3920
3921	3921	SB2475 - 109 - LRB104 10922 KTG 21004 b
3922	3922
3923	3923
3924	3924	SB2475- 110 -LRB104 10922 KTG 21004 b SB2475 - 110 - LRB104 10922 KTG 21004 b
3925	3925	SB2475 - 110 - LRB104 10922 KTG 21004 b
3926	3926	1 therapist consent to such disclosure or unless disclosure is
3927	3927	2 authorized by court order after in camera examination and upon
3928	3928	3 good cause shown.
3929	3929	4 (f) Paragraphs (a) through (e) of this Section shall not
3930	3930	5 apply to and shall not be construed to limit insurance
3931	3931	6 companies writing Life, Accident or Health insurance as
3932	3932	7 defined in Section 4 of the Illinois Insurance Code in
3933	3933	8 obtaining general consents for the release to them or their
3934	3934	9 designated representatives of any and all confidential
3935	3935	10 communications and records kept by agencies, hospitals,
3936	3936	11 therapists or record custodians, and utilizing such
3937	3937	12 information in connection with the underwriting of
3938	3938	13 applications for coverage for such policies or contracts, or
3939	3939	14 in connection with evaluating claims or liability under such
3940	3940	15 policies or contracts, or coordinating benefits pursuant to
3941	3941	16 policy or contract provisions.
3942	3942	17 (Source: P.A. 90-655, eff. 7-30-98)
3943	3943	18 (20 ILCS 1305/10-8 rep.)
3944	3944	19 Section 45. The Department of Human Services Act is
3945	3945	20 amended by repealing Section 10-8.
3946	3946	21 (30 ILCS 105/5.653 rep.)
3947	3947	22 Section 50. The State Finance Act is amended by repealing
3948	3948	23 Section 5.653.
3949	3949
3950	3950
3951	3951
3952	3952
3953	3953
3954	3954	SB2475 - 110 - LRB104 10922 KTG 21004 b
3955	3955
3956	3956
3957	3957	SB2475- 111 -LRB104 10922 KTG 21004 b SB2475 - 111 - LRB104 10922 KTG 21004 b
3958	3958	SB2475 - 111 - LRB104 10922 KTG 21004 b
3959	3959	1 (35 ILCS 5/507JJ rep.)
3960	3960	2 Section 55. The Illinois Income Tax Act is amended by
3961	3961	3 repealing Section 507JJ.
3962	3962	4 Section 99. Effective date. This Act takes effect upon
3963	3963	5 becoming law.
3964	3964	SB2475- 112 -LRB104 10922 KTG 21004 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 1305/1-174 20 ILCS 2405/11from Ch. 23, par. 34425 20 ILCS 2405/11a new6 20 ILCS 2405/17from Ch. 23, par. 34487 105 ILCS 5/14-8.02from Ch. 122, par. 14-8.028 210 ILCS 135/2from Ch. 91 1/2, par. 17029 210 ILCS 135/3from Ch. 91 1/2, par. 170310 210 ILCS 135/4from Ch. 91 1/2, par. 170411 210 ILCS 135/6from Ch. 91 1/2, par. 170612 210 ILCS 135/8from Ch. 91 1/2, par. 170813 210 ILCS 135/10from Ch. 91 1/2, par. 171014 225 ILCS 46/1515 325 ILCS 20/11from Ch. 23, par. 416116 405 ILCS 5/1-120.1 new17 405 ILCS 5/1-122from Ch. 91 1/2, par. 1-12218 405 ILCS 5/6-103from Ch. 91 1/2, par. 6-10319 405 ILCS 5/6-103.220 405 ILCS 5/6-103.321 430 ILCS 65/1.122 430 ILCS 65/8from Ch. 38, par. 83-823 430 ILCS 65/8.1from Ch. 38, par. 83-8.124 430 ILCS 65/10from Ch. 38, par. 83-1025 740 ILCS 110/5from Ch. 91 1/2, par. 805 SB2475- 113 -LRB104 10922 KTG 21004 b SB2475- 112 -LRB104 10922 KTG 21004 b SB2475 - 112 - LRB104 10922 KTG 21004 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 1305/1-17 4 20 ILCS 2405/11 from Ch. 23, par. 3442 5 20 ILCS 2405/11a new 6 20 ILCS 2405/17 from Ch. 23, par. 3448 7 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 8 210 ILCS 135/2 from Ch. 91 1/2, par. 1702 9 210 ILCS 135/3 from Ch. 91 1/2, par. 1703 10 210 ILCS 135/4 from Ch. 91 1/2, par. 1704 11 210 ILCS 135/6 from Ch. 91 1/2, par. 1706 12 210 ILCS 135/8 from Ch. 91 1/2, par. 1708 13 210 ILCS 135/10 from Ch. 91 1/2, par. 1710 14 225 ILCS 46/15 15 325 ILCS 20/11 from Ch. 23, par. 4161 16 405 ILCS 5/1-120.1 new 17 405 ILCS 5/1-122 from Ch. 91 1/2, par. 1-122 18 405 ILCS 5/6-103 from Ch. 91 1/2, par. 6-103 19 405 ILCS 5/6-103.2 20 405 ILCS 5/6-103.3 21 430 ILCS 65/1.1 22 430 ILCS 65/8 from Ch. 38, par. 83-8 23 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 24 430 ILCS 65/10 from Ch. 38, par. 83-10 25 740 ILCS 110/5 from Ch. 91 1/2, par. 805 SB2475- 113 -LRB104 10922 KTG 21004 b SB2475 - 113 - LRB104 10922 KTG 21004 b
3965	3965	SB2475- 112 -LRB104 10922 KTG 21004 b SB2475 - 112 - LRB104 10922 KTG 21004 b
3966	3966	SB2475 - 112 - LRB104 10922 KTG 21004 b
3967	3967	1 INDEX
3968	3968	2 Statutes amended in order of appearance
3969	3969	3 20 ILCS 1305/1-17
3970	3970	4 20 ILCS 2405/11 from Ch. 23, par. 3442
3971	3971	5 20 ILCS 2405/11a new
3972	3972	6 20 ILCS 2405/17 from Ch. 23, par. 3448
3973	3973	7 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
3974	3974	8 210 ILCS 135/2 from Ch. 91 1/2, par. 1702
3975	3975	9 210 ILCS 135/3 from Ch. 91 1/2, par. 1703
3976	3976	10 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
3977	3977	11 210 ILCS 135/6 from Ch. 91 1/2, par. 1706
3978	3978	12 210 ILCS 135/8 from Ch. 91 1/2, par. 1708
3979	3979	13 210 ILCS 135/10 from Ch. 91 1/2, par. 1710
3980	3980	14 225 ILCS 46/15
3981	3981	15 325 ILCS 20/11 from Ch. 23, par. 4161
3982	3982	16 405 ILCS 5/1-120.1 new
3983	3983	17 405 ILCS 5/1-122 from Ch. 91 1/2, par. 1-122
3984	3984	18 405 ILCS 5/6-103 from Ch. 91 1/2, par. 6-103
3985	3985	19 405 ILCS 5/6-103.2
3986	3986	20 405 ILCS 5/6-103.3
3987	3987	21 430 ILCS 65/1.1
3988	3988	22 430 ILCS 65/8 from Ch. 38, par. 83-8
3989	3989	23 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
3990	3990	24 430 ILCS 65/10 from Ch. 38, par. 83-10
3991	3991	25 740 ILCS 110/5 from Ch. 91 1/2, par. 805
3992	3992	SB2475- 113 -LRB104 10922 KTG 21004 b SB2475 - 113 - LRB104 10922 KTG 21004 b
3993	3993	SB2475 - 113 - LRB104 10922 KTG 21004 b
3994	3994
3995	3995
3996	3996
3997	3997
3998	3998
3999	3999	SB2475 - 111 - LRB104 10922 KTG 21004 b
4000	4000
4001	4001
4002	4002
4003	4003	SB2475- 112 -LRB104 10922 KTG 21004 b SB2475 - 112 - LRB104 10922 KTG 21004 b
4004	4004	SB2475 - 112 - LRB104 10922 KTG 21004 b
4005	4005	1 INDEX
4006	4006	2 Statutes amended in order of appearance
4007	4007	3 20 ILCS 1305/1-17
4008	4008	4 20 ILCS 2405/11 from Ch. 23, par. 3442
4009	4009	5 20 ILCS 2405/11a new
4010	4010	6 20 ILCS 2405/17 from Ch. 23, par. 3448
4011	4011	7 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
4012	4012	8 210 ILCS 135/2 from Ch. 91 1/2, par. 1702
4013	4013	9 210 ILCS 135/3 from Ch. 91 1/2, par. 1703
4014	4014	10 210 ILCS 135/4 from Ch. 91 1/2, par. 1704
4015	4015	11 210 ILCS 135/6 from Ch. 91 1/2, par. 1706
4016	4016	12 210 ILCS 135/8 from Ch. 91 1/2, par. 1708
4017	4017	13 210 ILCS 135/10 from Ch. 91 1/2, par. 1710
4018	4018	14 225 ILCS 46/15
4019	4019	15 325 ILCS 20/11 from Ch. 23, par. 4161
4020	4020	16 405 ILCS 5/1-120.1 new
4021	4021	17 405 ILCS 5/1-122 from Ch. 91 1/2, par. 1-122
4022	4022	18 405 ILCS 5/6-103 from Ch. 91 1/2, par. 6-103
4023	4023	19 405 ILCS 5/6-103.2
4024	4024	20 405 ILCS 5/6-103.3
4025	4025	21 430 ILCS 65/1.1
4026	4026	22 430 ILCS 65/8 from Ch. 38, par. 83-8
4027	4027	23 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
4028	4028	24 430 ILCS 65/10 from Ch. 38, par. 83-10
4029	4029	25 740 ILCS 110/5 from Ch. 91 1/2, par. 805
4030	4030
4031	4031
4032	4032
4033	4033
4034	4034
4035	4035	SB2475 - 112 - LRB104 10922 KTG 21004 b
4036	4036
4037	4037
4038	4038	SB2475- 113 -LRB104 10922 KTG 21004 b SB2475 - 113 - LRB104 10922 KTG 21004 b
4039	4039	SB2475 - 113 - LRB104 10922 KTG 21004 b
4040	4040
4041	4041
4042	4042
4043	4043
4044	4044
4045	4045	SB2475 - 113 - LRB104 10922 KTG 21004 b