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While the NASW-Illinois Chapter (NASW-IL) monitored or advocated for over 300 bills this session in the Illinois General Assembly that relate to social work or our clients, we wanted to provide an update on some of our initiatives and coalition-led legislation that we have worked on this spring. The below report only reflects some of the over 300 bills the NASW-Illinois Chapter took positions on this session.
DCFS-YOUTH IN CARE-FAFSA-APPLY (SEN. PETERS/REP. TARVER) NASW-IL Initiative - Amends the Children and Family Services Act. Requires the Department of Children and Family Services to ensure that every youth in care who is entering his or her final year of high school has completed a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid on or after October 1, but no later than November 1, of the youth's final year of high school. Requires the Department to assist a youth in care in identifying and obtaining all documents necessary to complete a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid.
Current Status:
5/26/2021 - Passed Both Houses
HIGHER ED-SOCIAL WORK/EDUCATOR (SEN. GILLESPIE/REP. LaPOINTE) NASW-IL Initiative Amends the Higher Education Student Assistance Act. Allows the Illinois Student Assistance Commission to award Post-Master of Social Work School Social Work Professional Educator License scholarships to an individual who has a valid Illinois-licensed clinical social work license or social work license and a Master of Social Work degree for the purpose of obtaining a Professional Educator License with an endorsement in social work. Sets forth various terms and conditions of the scholarship, including that a recipient of the scholarship must work at a public or nonpublic not-for-profit preschool, elementary school, or secondary school located in this State for at least 2 of the 5 years immediately following the recipient's graduation or termination of studies. Provides that the Illinois Student Assistance Commission shall give priority to those applicants who are members of a racial minority. Effective January 1, 2022.
Current Status:
5/30/2021 - Passed Both Houses
HIGHER ED-SOCIAL WORKER-GRANT (SEN. GILLESPIE/REP. CARROLL) NASW-IL Initiative - Amends the Higher Education Student Assistance Act. Creates the School Social Work Shortage Loan Repayment Program. Provides that the Illinois Student Assistance Commission shall, each year, receive and consider applications from eligible social workers who are employed by a public elementary or secondary school in this State to encourage a grant recipient to use the financial assistance for the repayment of educational loans. Provides that the Illinois Student Assistance Commission shall give priority to those applicants who are members of a racial minority. Sets forth eligibility and other requirements. Effective July 1, 2022.
Current Status:
5/30/2021 - Passed Both Houses
SCHOOL LAW ENFORCEMENT DRILLS (REP. HIRSCHAUER/SEN. VILLA ) NASW-IL Initiative - Amends the Active Shooter Drill. Provides that a law enforcement drill (i) must not include simulations that mimic an actual school shooting incident or active shooter event, (ii) must be announced in advance to all school personnel and students prior to the commencement of the drill, (iii) must include content that is age appropriate and developmentally appropriate, (iv) must include and involve school personnel, including school-based mental health professionals, and (v) must include trauma-informed approaches to address the concerns and well-being of students and school personnel. Requires a school district to include in its annual review of each school building's emergency and crisis response plans, protocols, and procedures an examination of the efficacy and effects of law enforcement drills. Provides that (i) school administrators and school support personnel may, in their discretion, exempt a student or students from participating in a walk-through lockdown drill; (ii) schools must provide sufficient information and notification to parents and guardians in advance of any walk-through lockdown drill that involves the participation of students and must also provide to parents and guardians an opportunity to exempt their child for any reason from participating in the walk-through lockdown drill; (iii) schools must provide alternative safety education and instruction related to an active threat or active shooter event to students who do not participate in a walk-through lockdown drill to provide them with essential information, training, and instruction through less sensorial safety training methods; (iv) during a drill, students must be allowed to ask questions related to the drill; and (v) law enforcement may choose to run an active shooter simulation, but only on school days when students are not present. Effective immediately.
Current Status:
5/27/2021 - Passed Both Houses
SOCIAL WORKER-EXAMINATION (SEN. VILLA/REP. LaPOINTE) NASW-IL Initiative -Amends the Clinical Social Work and Social Work Practice Act. Removes a provision requiring a person to pass the ASWB examination as authorized by the Department of Financial and Professional Regulation to be qualified to be licensed as a licensed social worker (LSW). Makes corresponding changes.
Current Status:
5/27/2021 – Passed Both Houses
SEXUAL HARASSMENT PREVENTION CEU (SEN. BUSH/REP. CASSIDY) NASW-IL Initiative -Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that the Department of Financial and Professional Regulation shall require each licensee to complete sexual harassment prevention training provided by the licensee's employer, the Department of Human Rights, or any continuing education provider authorized to provide continuing education under an Act administered by the Department in accordance of the Illinois Human Rights Act. Provides that the training shall be completed, at a minimum, prior to a licensee's renewal of his or her license. Removes requirement that the training be a CEU. Effective immediately.
Current Status:
5/27/2021 – Passed Both Houses
INS CD-HEALTH CARE RECOUPMENT (SEN. FINE/ REP MORGAN) NASW-IL Initiative Senate Committee Amendment No. 1 - In provisions concerning recoupment by an insurer, health maintenance organization, independent practice association, or physician hospital organization, provides that no recoupment or offset may be requested or withheld from future payments 12 months or more (rather than 18 months or more) after the original payment is made. Removes language that provides that an insurer, health maintenance organization, independent practice association, or physician hospital organization may not attempt a recoupment or offset until all appeal rights are exhausted. House Committee Amendment No. 1 - In provisions concerning recoupment by an insurer, health maintenance organization, independent practice association, or physician hospital organization, provides that no recoupment or offset may be requested or withheld from future payments 12 months or more after the original payment is made, except in cases in which an insurer contracted with the Department of Healthcare and Family Services is required by the Department of Healthcare and Family Services to recoup or offset payments due to a federal Medicaid requirement.
Current Status:
5/30/2021 - Passed Both Houses
DCFS-BAGGAGE FOR YOUTH-IN-CARE (SEN. SIMS/REP. BUCKNER) NASW-IL Initiative - Amends the Children and Family Services Act. Provides that no youth in care shall be required to store his or her belongings in plastic bags or in similar forms of disposable containers, including, but not limited to, trash bags, paper or plastic shopping bags, or pillow cases when relocating from one placement type to another placement type or when discharged from the custody or guardianship of the Department of Children and Family Services.
Current Status:
5/26/2021 - Passed Both Houses
SCH CD-TIME OUT-RESTRAINT (SEN. GILLESPIE/ REP. CARROLL) NASW-IL Lead Coalition Member - Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately. House Floor Amendment No. 2 - Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Senate Floor Amendment No. 2 - With respect to the grant program, requires the State Board of Education to prioritize grant funding to those school districts, special education nonpublic facilities, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. In provisions allowing the use of prone restraint if certain conditions are satisfied, allows the use of prone restraint if the use of prone restraint occurs within the 2021- 2022 school year (rather than within the schools years of 2021-2022 and 2022-2023).
Current Status:
5/30/2021 - Passed Both Houses
HB33
INS CD-SUBSTANCE USE TREATMENT (MASON J) House Floor Amendment No. 1 - Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a company authorized to transact life insurance in the State may not, based solely on whether an individual has participated in a substance use treatment or recovery support program no less than 5 years before application or whether an individual has been prescribed or has obtained through a standing order an opioid antagonist, deny coverage to an individual; limit the amount, extent, or kind of coverage available to the individual; or charge the individual or a group to which the individual belongs a rate that is different from the rate charged to other individuals or groups for the same coverage unless the charge is based on sound underwriting or actuarial principles reasonably related to actual or anticipated loss experience for a particular risk.
Current Status:
5/29/2021 - Passed Both Houses
HB53
VIDEO INTERVIEW DEMOGRAPHIC (ANDRADE, JR. J) Amends the Artificial Intelligence Video Interview Act. Provides that employers that rely solely upon artificial intelligence to determine whether an applicant will qualify for an in-person interview must gather and report certain demographic information to the Department of Commerce and Economic Opportunity. Requires the Department to analyze the data and report to the Governor and General Assembly whether the data discloses a racial bias in the use of artificial intelligence.
Current Status:
5/25/2021 - Passed Both Houses
HB68
HOSPITALS-FEMALE DEATHS (FLOWERS M) House Floor Amendment No. 1 - Replaces everything after the enacting clause. Amends the Hospital Licensing Act. Provides that any hospital licensed under the Act or any hospital organized under the University of Illinois Hospital Act shall, prior to the granting of any medical staff privileges to an applicant, or renewing a current medical staff member's privileges, request of the Director of Professional Regulation information concerning the proper credentials and required certificates of the applicant. Amends the Hospital Report Card Act. Provides that the quarterly report prepared by individual hospitals shall include (1) the number of female patients who have died within the reporting period and (2) the number of female patients admitted to the hospital with a diagnosis of COVID-19 and at least one known underlying condition identified by the United States Centers for Disease Control and Prevention as a condition that increases the risk of mortality from COVID-19 who subsequently died at the hospital within the reporting period. Senate Committee Amendment No. 1 - Replaces everything after the enacting clause with the provisions of the engrossed bill with the following change: Removes provisions amending the Hospital Licensing Act.
Current Status:
5/31/2021 - Passed Both Houses
HB88
TANF-ELIGIBILITY-DRUG OFFENSE (FLOWERS M) Amends the Illinois Public Aid Code. Provides that persons shall not be determined ineligible for cash assistance provided under the Temporary Assistance for Needy Families program based upon a conviction for any drug-related felony under State or federal law. House Floor Amendment No. 2 - Makes the bill effective 3 months after it becomes law.
Current Status:
5/27/2021 - Passed Both Houses
HB155
SNAP-MENSTRUAL HYGIENE PRODUCT (HERNANDEZ B) House Floor Amendment No. 2 - Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Provides that if the United States Department of Agriculture's Food and Nutrition Service creates and makes available to the states a waiver permitting recipients of benefits provided under the Supplemental Nutrition Assistance Program or the Special Supplemental Nutrition Program for Women, Infants, and Children to use their benefits to purchase diapers or menstrual hygiene products such as tampons, sanitary napkins, and feminine wipes, then the Department of Human Services shall apply for the waiver. Provides that if the United States Department of Agriculture approves the Department of Human Services' waiver application, then the Department of Human Services shall adopt rules and make other changes as necessary to implement the approved waiver.
Current Status:
5/27/2021 - Passed Both Houses
HB169
SCH CD-EXCUSED ABSENCE-HOLIDAY (DIDECH D) Amends the Compulsory Attendance of Pupils Article of the School Code. Provides that a child may be absent from a public school because of religious reasons, including the observance of a religious holiday or participation in religious instruction. Removes the provision that requires a school board to prescribe rules relative to absences for religious holidays, including a list of religious holidays on which it shall be mandatory to excuse a child's absence. Provides instead that a district superintendent shall develop and distribute to schools appropriate procedures with regard to an absence. Effective immediately.
Current Status:
5/27/2021 - Passed Both Houses
HB212
SCHCD-MENTAL HEALTH TASK FORCE (CONROY D) House Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Children's Mental Health Act of 2003. Provides that the Children's Mental Health Plan shall include recommendations for ensuring all Illinois youth receive mental health education and have access to mental health care in the school setting. Provides that in developing these recommendations, the Children's Mental Health Partnership shall consult with the State Board of Education, education practitioners, health care professionals, disability advocates, and other representatives as necessary to ensure the interests of all students are represented. Effective July 1, 2021.
Current Status:
5/29/2021 - Passed Both Houses
HB310
HOMELESS-MENSTRUAL PRODUCTS (GREENWOOD L) Creates the Feminine Hygiene Products for the Homeless Act. Provides that feminine hygiene products, including, but not limited to, sanitary napkins, tampons, and panty liners, shall be available free of charge at all homeless shelters that provide temporary housing assistance to women or youth. Provides that a homeless shelter's obligation to satisfy this requirement is subject to the availability of funds in the homeless shelter's general budget.
Current Status:
5/26/2021 - Passed Both Houses
HB376
SCH CD-ASIAN AMERICAN HISTORY (GONG-GERSHOWITZ J) Amends the Courses of Study Article of the School Code. Requires every public elementary school and high school to include in its curriculum a unit of instruction studying the events of Asian American history; contains provisions governing this instruction. Provides that the teaching of history of the United States shall include the study of the wrongful incarceration of Japanese Americans during World War II and the heroic service of the 100th Infantry Battalion and the 442nd Regimental Combat Team of the United States Army during World War II. Senate Floor Amendment No. 2 - Removes the provisions relating to the history of the United States.
Current Status:
5/31/2021 - Passed Both Houses
HB1746
STUDENT RECORD/CONFERENCE-DCFS (HOFFMAN J) Amends the School Code. Provides that each school board must (rather than may) appoint at least one employee to act as a liaison to facilitate enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services. Provides that a school district is required (rather than encouraged) to designate a liaison by the beginning of the 2022-2023 school year. Provides that, for any student who is in the legal custody of the Department of Children and Family Services, the liaison must inform the Department's Office of Education and Transition Services of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the student's caseworker to attend the conference or meeting. Amends the Illinois School Student Records Act. Provides that if a student is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services must be informed before a school student record is destroyed or any information in that record is deleted and shall have the right to inspect and copy all school student permanent and temporary records. Makes related changes. Effective July 1, 2022.
Current Status:
5/27/2021 - Passed Both Houses
HB1778
STUDENT ID-SUICIDE PREV INFO (YANG ROHR J) House Floor Amendment No. 2 - Replaces everything after the enacting clause. Provides that the Act may be referred to as the Beyond Charity Law. Amends the School Code. Provides that each school district that serves pupils in any of grades 6 through 12 and that issues an identification card to pupils in any of grades 6 through 12 shall provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and either the Safe2Help Illinois helpline or a local suicide prevention hotline or both on the identification card. Amends the Mental Health Early Action on Campus Act. Provides that if a public higher education institution issues student identification cards to its students, the institution must provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and a local suicide prevention hotline on the identification card. Requires the contact information on the school's or institution's card to identify each helpline that may be contacted through text messaging. Provides that the contact information shall also be included in the student handbook and student planner if a student planner is custom printed by the school or institution. Effective July 1, 2022.
Current Status:
5/29/2021 - Passed Both Houses
HB2595
INSURANCE-MENTAL HEALTH (CONROY D) Amends the Illinois Insurance Code. Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance or a qualified health plan offered through the health insurance marketplace in the State and Medicaid managed care organizations providing coverage for hospital or medical treatment shall provide coverage for medically necessary treatment of mental, emotional, nervous, or substance use disorders or conditions on or after January 1, 2023 (rather than January 1, 2022). Provides that an insurer or Medicaid managed care organization shall not be required to pay for services if the individual was not the insurer's enrollee or eligible for Medicaid at the time the service was rendered. Provides that an insurer shall not be required to cover benefits that have been authorized and provided for a covered person by a public entitlement program. Provides that for medical necessity determinations (rather than in conducting utilization review of covered health care services and benefits) relating to level of care placement, continued stay, and transfer or discharge of insureds diagnosed with mental, emotional, and nervous disorders or conditions, insurers and Medicaid managed care organizations shall apply specified patient placement criteria. Makes various changes to provisions concerning requirements for insurers regarding education of the insurer's staff and other stakeholders, publishing of utilization review criteria, and documentation of interrater reliability testing and remediation actions. Further amends the Illinois Insurance Code. In provisions concerning mental, emotional, nervous, or substance use disorder or condition parity, provides that not later than January 1 (rather than August 1) of each year, the Department of Insurance shall issue a joint report to the General Assembly and provide an educational presentation to the General Assembly. Removes language that provides that insurers shall base the duration of treatment on the insured's individual needs; that an insurer shall only engage applicable qualified providers in the treatment of mental, emotional, nervous, or substance use disorders or conditions or the appropriate subspecialty and who possess an active professional license or certificate to review, approve, or deny services; and that every insurer shall sponsor a formal education program by nonprofit clinical specialty associations. Makes other changes. Effective January 1, 2022, except that specified provisions take effect immediately.
Current Status:
5/31/2021 - Passed Both Houses
HB2621
WEIGHTS&MEASURES-CONTINUING ED (GUZZARDI W) Senate Committee Amendment No. 3 - Replaces everything after the enacting clause. Creates the COVID-19 Affordable Housing Grant Program Act. Provides that the Illinois Housing Development Authority shall establish an affordable housing grant program to encourage the construction and rehabilitation of affordable multifamily rental housing in response to the COVID-19 pandemic. Contains provisions concerning financing. Amends the Illinois Procurement Code. Provides that the Code does not apply to certain contracts entered into by the Illinois Housing Development Authority. Amends the Illinois Housing Development Act. Makes changes concerning bonds and notes issued by the Illinois Housing Development Authority. Provides that the Illinois Housing Development Authority shall not have outstanding at any one time bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding $7,200,000,000 (rather than $3,600,000,000), excluding bonds and notes issued to refund outstanding bonds and notes. Provides that of the authorized aggregate principal amount of $7,200,000,000 (rather than $3,600,000,000), the amount of $150,000,000 shall be used for the specified purposes. Amends the Illinois Income Tax Act. Extends the tax credit for affordable housing donations until December 31, 2026. Amends the Illinois Housing Development Act. Provides that the amount of tax credits reserved by the administrative housing agency for an approved project under the affordable housing tax donation credit program is limited to $32,850,352 in State fiscal years 2022 and 2023 and shall be increased by 5% in each fiscal year thereafter. Amends the Property Tax Code. Makes changes concerning the valuation of low-income housing projects that qualify for the Low-Income Housing Tax Credit under Section 42 of the Internal Revenue Code. Provides for a reduction in assessed value for affordable rental housing construction or rehabilitation. Amends the Affordable Housing Planning and Appeal Act. Provides that, for the purposes of the Act, rent includes any required costs for parking, maintenance, or landlord-imposed fees. Provides that an affordable housing plan, or any revision thereof, shall not be adopted by a nonexempt local government until notice and opportunity for public hearing have first been afforded. Provides that any vacancies in the Housing Appeals Board shall be filled within 90 days of the vacancy. Makes other changes. Effective immediately. Senate Floor Amendment No. 4 - Makes a technical correction concerning a cross-reference.
Current Status:
Passed Both Houses
HB2784
MENTAL HEALTH-EMERGENCY (CASSIDY K) Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Creates the Community Emergency Services and Support Act. Provides that each 9-1-1 call center and provider of emergency services dispatched through a 9-1-1 system must coordinate with the mobile mental and behavioral health services established by the Division of Mental Health of the Department of Human Services so that the following State goals and State prohibitions are met whenever a person interacts with one of these entities for the purpose seeking emergency mental and behavioral health care or when one of these entities recognizes the appropriateness of providing mobile mental or behavioral health care to an individual with whom they have engaged. The Division of Mental Health is also directed to provide guidance regarding whether and how these entities should coordinate with mobile mental and behavioral health services when responding to individuals who appear to be in a mental or behavioral health emergency while engaged in conduct alleged to constitute a non-violent misdemeanor. Provides that 9-1-1 PSAPs, emergency services dispatched through 9-1-1 PSAPs, and the mobile mental and behavioral health service established by the Division of Mental Health must coordinate their services so that the State goals listed in this Section are achieved. Appropriate mobile response service for mental and behavioral health emergencies shall be available regardless of whether the initial contact was with 9-8-8, 9-1-1 or directly with an emergency service dispatched through 9-1-1. Provides that the Division of Mental Health shall establish a Statewide Advisory Committee to review and make recommendations for aspects of coordinating 9-1-1 and the 9-8-8 mobile mental health response system most appropriately addressed on a State level. Provides that the Division of Mental Health shall establish Regional Advisory Committees in each EMS Region to advise on regional issues related to emergency response systems for mental and behavioral health. Provides that the exemptions from civil liability in the Emergency Telephone Systems Act apply to any act or omission in the development, design, installation, operation, maintenance, performance, or provision of service directed by the Act. Provides that the Act applies to persons of all ages, both children and adults. This Act does not limit an individual's right to control his or her own medical care. No provision of this Act shall be interpreted in such a way as to limit an individual's right to choose his or her preferred course of care or to reject care. No provision of this Act shall be interpreted to promote or provide justification for the use of restraints when providing mental or behavioral health care. Senate Floor Amendment No. 2 - Make technical and stylistic changes in the bill as amended by Senate Amendment No. 1. Adds additional responsibilities for 9-1-1 Public Safety Answering Point telecommunicators and emergency service providers. Places the applicability and home rule preemption provisions in a separate Section of the bill.
Current Status:
5/31/2021 - Passed Both Houses
HB2877
COVID19-EMERG HOUSING ASSIST (RAMIREZ D) Creates the COVID-19 Federal Emergency Rental Assistance Program Act. Contains provisions for: the Federal Emergency Rental Assistance program; accessibility and transparency; process for further prioritizing applicants for financial assistance and housing stability services; and required notifications and correspondence. Amends the Code of Civil Procedure. Makes changes concerning the sealing of court files. Provides that certain new provisions concerning sealing of court files in a residential eviction action apply until August 1, 2022. Contains provisions for: the sealing of a court file in a residential eviction action; emergency sealing of a court file in a residential eviction action during the COVID-19 emergency and economic recovery period; and a temporary COVID-19 stay of certain foreclosure proceedings and filings. Makes corresponding changes to a provision regarding demand for rent and eviction actions. Makes corresponding changes in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately. House Committee Amendment No. 1 - Changes the definition of "administering State agency" to any agency or department of the State that is eligible to receive a direct federal allocation of federal Emergency Rental Assistance funds that will disburse funds and administer all or a portion of the Federal Emergency Rental Assistance Program. Deletes the definition of "recipient" or "program recipient". Provides that any State agency administering the program shall provide rental assistance (rather than "program recipients with relief payments") in an amount based on stated need rather than on a flat or fixed amount. Provides that the administering State agency shall make any joint program application forms available. Deletes language requiring the administering State agency to make program application forms for utility providers available.
Current Status:
5/17/2021 - Public Act . . . . . . . . . 102-0005
HB2914
DCFS-RACIAL DISPARITIES REPORT (FLOWERS M) Amends the Children and Family Services Act. Provides that no later than December 31, 2022, and no later than December 31 of each year thereafter, the Department of Children and Family Services shall prepare and submit an annual report, covering the previous fiscal year, to the General Assembly regarding racial disparities for children and families involved in the child welfare system. Provides that the report shall be conducted by a research institution at a public university and must include, at a minimum, the following de-aggregated data by race as compared, where appropriate, to population-level data: (1) education success, health and behavioral health, housing, jobs or economic justice, criminal justice, and other key metrics that serve as indicators of child and family well-being and can measure socioeconomic conditions in communities; and (2) children and families involved in a safety plan, the number of protective custodies, the number of investigations of each type of abuse and neglect allegation described in a specified provision of the Illinois Administrative Code and the findings of such investigations, the number of Department recommended court filings for each allegation type, the number of intakes into the foster care system, placement settings, lengths of stay, and permanency outcomes.
Current Status:
5/27/2021 - Passed Both Houses
HB3100
ANCRA-IMPLICIT BIAS TRAINING (RAMIREZ D) Amends the Abused and Neglected Child Reporting Act. Requires mandated reporters to complete an initial implicit bias training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, with certain exceptions, and at least every 3 years thereafter. Provides that the implicit bias trainings shall be in-person or web-based and shall include, at a minimum, information on implicit bias and racial and ethnic sensitivity. Requires the implicit bias trainings to provide tools to adjust automatic patterns of thinking and ultimately eliminate discriminatory behaviors. Provides that, during these trainings, mandated reporters shall complete a pretest to assess baseline implicit bias levels, an implicit bias training task, and a posttest to reevaluate bias levels after training. Provides that the implicit bias curriculum for mandated reporters shall be developed within one year after the effective date of the amendatory Act and shall be created in consultation with organizations demonstrating expertise and or experience in the areas of implicit bias, youth and adolescent developmental issues, prevention of child abuse, exploitation, and neglect, culturally diverse family systems, and the child welfare system. Provides that implicit bias training shall be provided through the Department of Children and Family Services, through authorized entities. House Floor Amendment No. 1 - Requires mandated reporters to complete an initial mandated reporter training, including a section on implicit bias training (rather than an initial mandated reporter training and an initial implicit bias training). Senate Committee Amendment No. 1 - Replaces all references to "implicit bias training" with "implicit bias". Provides that the implicit bias section (rather than the implicit bias trainings) shall be in-person or web-based and shall include information on certain topics. Provides that the mandated reporter training, including a section on implicit bias training, shall be provided through the Department of Children and Family Services (rather than the mandated reporter training and the implicit bias training shall be provided through the Department).
Current Status:
5/30/2021 - Passed Both Houses
HB3308
INS-TELEHEALTH SERVICES (JONES T) Amends the Illinois Insurance Code. Senate Committee Amendment No. 1 - Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Provides that an individual or group policy of accident or health insurance that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall cover telehealth services, e-visits, and virtual check-ins rendered by a health care professional when clinically appropriate and medically necessary to insureds, enrollees, and members in the same manner as any other benefits covered under the policy. Provides that an individual or group policy of accident or health insurance may provide reimbursement to a facility that serves as the originating site at the time a telehealth service is rendered. Sets forth provisions with which coverage for telehealth services shall comply. Provides that an individual or group policy of accident or health insurance shall notify health care professionals and facilities of any instructions necessary to facilitate billing for telehealth services, e-visits, and virtual check-ins. Provides that the Department of Insurance and the Department of Public Health shall commission a report to the General Assembly and shall submit the report by December 31, 2026. Provides that the Department of Insurance may adopt rules to implement the provisions. Provides that specified provisions are inoperative on and after January 1, 2028. Removes provisions concerning the Telehealth Payment Parity Task Force. Defines terms. Further amends the Telehealth Act. Changes a reference to "telehealth" to "telehealth services." Removes language that provides that health care professionals shall maintain documentation and recordkeeping in accordance with specified provisions of the Illinois Administrative Code. Defines terms. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Makes other changes. Effective immediately.
Current Status:
5/31/2021 - Passed Both Houses
HB3445
OPIOID OVERDOSE REDUCTION (YANG ROHR J) Senate Committee Amendment No. 2 - Replaces everything after the enacting clause. Creates the Opioid Overdose Reduction Act. Provides that the Act may be referred to as Alex's Law. Amends the Illinois Controlled Substances Act. In a provision concerning overdose and limited immunity, provides that specified violations must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, conditional discharge, a person's pretrial release, or furlough, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. Effective January 1, 2022.
Current Status:
5/31/2021 - Passed Both Houses
HB3461
SCH CD-SEXUAL ABUSE POLICY (CRESPO F) Amends the School Code. Makes changes to provisions relating to a school district's policy addressing the sexual abuse of children. Provides that the policy must be adopted and implemented by no later than July 1, 2022. Provides that the policy shall (rather than may) include an age-appropriate and evidence-based curriculum (rather than age-appropriate curriculum) for students in pre-K through 12th (rather than 5th) grade. Requires a school district to include in its policy and all training materials and instruction a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors to school authorities. Sets forth what the policy must address. Makes other changes. Effective immediately. House Floor Amendment No. 2 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the school district shall include in its policy and any relevant training materials a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors (instead of how to report these behaviors to school authorities). Makes conforming changes. Makes changes to provisions concerning the required policies addressing sexual abuse. Provides that a school district must provide training for school personnel on specified child sexual abuse and grooming behaviors no later than January 31 of each year. Effective immediately. Senate Floor Amendment No. 2 - Adds the definition of "grooming".
Current Status:
5/30/2021 - Passed Both Houses
HB3462
CHILD FORENSIC INTERVIEW (CRESPO F) Amends the Bill of Rights for Children. Provides that every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area, when such service is available. Provides that the right may be asserted by the child or the child's parent or guardian informing the investigating personnel at the Department of Children and Family Services or the law enforcement agency that the parent or guardian wants the child to have the child's interview conducted by the children's advocacy center. House Floor Amendment No. 1 - Provides that every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area or jurisdiction where the incident(s) occurred, rather than just serving the child's area, when such service is accessible based on the CAC's available resources. Provides that each local CAC protocol will outline a process to address situations in which it is deemed not possible for a forensic interview to occur, to ensure a trauma-informed response with follow up services from the CAC. Effective January 1, 2022.
Current Status:
5/29/2021 - Passed Both Houses
HB3821
DCFS-RACIAL DISPROPORTIONALITY (HARPER S) Creates the Racial Disproportionality in Child Welfare Task Force Act. Creates the Racial Disproportionality in Child Welfare Task Force within the Department of Children and Family Services. Requires the Task Force to examine the historical and current role of mandatory reporting and its impact on the racial and gender disparities of families involved with the Department of Children and Family Services; examine the underlying factors that bring families into contact with the Department and the factors that lead to child removal; review the Department's progress on the planning and implementation of the Family First Prevention Services Act; examine the current processes and policies, data, and data collection methods for families involved simultaneously in the child welfare, juvenile justice, or criminal justice systems; explore policies and protocols for race-blind child protection screenings and child removal reviews; and other duties. Contains provisions concerning the composition of the Task Force and Task Force meetings. Requires the Task Force to submit a report to the General Assembly and the Governor within one year after the Task Force has its first meeting. Provides that the report shall contain policy recommendations that seek to prioritize preserving and reunifying families involved in the child welfare system, particularly Black families; reduce child welfare system involvement, particularly for Black families; and eliminate racial disproportionality in system involvement and the disproportionate impact of system involvement on families. Provides that the Task Force is dissolved, and the Act repealed, on January 1, 2024. Effective immediately. House Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the Task Force shall include one member (rather than 2 members) from an organization with expertise in the child welfare system that advocates to preserve and reunify families, appointed by the Governor's Office; 2 members who provide legal representation on behalf of the State of Illinois in child protection cases, one from the Cook County State's Attorney's Office, appointed by the Governor's Office, and one from a State's Attorney's office outside of Cook County, appointed by the Governor's Office; and one member from a statewide organization advocating for the advancement of civil liberties for at least 80 years in Illinois, appointed by the Governor's Office. Provides that the Department of Children and Family Services shall facilitate the prompt and timely collection and provision of data as requested by or on behalf of the Task Force. Requires the Task Force to explore policies and protocols that honor language, culture, and heritage in identity formation and familial relationships, including, but not limited to, race-blind child protection screenings and child removal reviews, as implemented in other jurisdictions around the United States, and to make recommendations for implementation in Illinois. Effective immediately. House Floor Amendment No. 2 - Provides that any data provided by the Department of Children and Family Services to the Racial Disproportionality in Child Welfare Task Force shall not contain any personally identifiable information of any clients or families in accordance with the provisions of the Abused and Neglected Child Reporting Act.
Current Status:
5/29/2021 - Passed Both Houses
SB106
DCFS-ANNUAL RPTS-YOUTH IN CARE (FEIGENHOLTZ S) Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to submit annual reports to the General Assembly concerning youth in care who are awaiting placement or psychiatric hospitalization (rather than placement), provides that the reports are to be submitted no later than December 31 of each year (rather than on December 31 of each year through December 31, 2023). Requires the reports to be posted on the Department's website and to include specified information, including: (i) the number of youth in care placed in out-of-state residential treatment facilities, whether each youth was referred to any in-state programs for placement and, if so, the number of in-state referrals for each youth prior to referring the youth to out-of-state programs; (ii) the number of youth not in the temporary custody or guardianship of the Department who are the subjects of open child protection cases, intact family cases, or any other types of child welfare case, including, but not limited to, those youth for whom the Department is required to make medical assistance payments because they were hospitalized in inpatient psychiatric hospitals or units and were beyond medical necessity during the Department's involvement with the case; and (iii) the number of youth in care who remain in emergency rooms for longer than 24 hours waiting for admission to a psychiatric hospital bed. Effective immediately.
Current Status:
5/26/2021 - Passed Both Houses
SB136
CHILD WELFARE ED STIPEND PRGM (MORRISON J) Amends the Children and Family Services Act. Beginning with the 2021-2022 academic year, requires the Department of Children and Family Services to establish and administer the Child Welfare Education Stipend Pilot Program to provide financial assistance to students who commit to seek and maintain employment at an Illinois purchase of service agency that contracts with the Department following their graduation from a participating institution of higher education with a degree in social work. Sets forth provisions concerning an intergovernmental agreement, student eligibility and renewal, the stipend amount, the student's employment obligation, repayment of a stipend, Department and institution requirements, reporting, and rulemaking. Effective July 1, 2021. Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Renames the program as the Pat McGuire Child Welfare Education Fellowship Pilot Program. Makes changes concerning the General Assembly's findings, definitions, the duration of the pilot program, the purpose of the program, the stipend amount, eligibility for a stipend, employment requirements, repayment, and reporting, among other changes. Effective July 1, 2021.
Current Status:
5/21/2021 - Passed Both Houses
SB471
INS-MENTAL HEALTH TREATMENT (FINE L) Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Amends the Network Adequacy and Transparency Act. Sets forth provisions concerning timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions. Provides that network adequacy standards for timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions must satisfy specified minimum requirements. Provides that if there is no in-network facility or provider available for an insured to receive timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions in accordance with the minimum network adequacy standards, the insurer shall provide necessary exceptions to its network to ensure admission and treatment with a provider or at a treatment facility in accordance with those network adequacy standards. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the medical assistance program shall be subject to provisions of the Network Adequacy and Transparency Act concerning timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions. In provisions concerning network adequacy and transparency, provides that the Department of Healthcare and Family Services shall require managed care organizations to comply with provisions of the Network Adequacy and Transparency Act concerning timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions. Effective immediately.
Current Status:
5/26/2021 - Passed Both Houses
SB593
TRAFFICKING VICTIM-ADDRESS (HILTON S) Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Changes the name of the Act to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act. Makes the Act's requirements applicable to victims of human trafficking. Deletes language providing that: a program participant who is otherwise qualified to vote may apply to vote under the Election Code; the program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides; and the election authority shall transmit the absentee ballot to the program participant at the address designated by the participant in his or her application. Provides instead that a program participant who is otherwise qualified to vote may register to vote by submitting an Illinois Address Confidentiality Program Voter Registration Application created by the State Board of Elections to the appropriate election authority. Provides that the State Board of Elections (rather than the Attorney General) shall adopt rules to ensure the integrity of the voting process and the confidentiality of the program participant. In a provision regarding when disclosure of an address is prohibited, removes the exception requirement that a certification has been canceled. Exempts a program participant's address and phone number on file with the Attorney General from being disclosed under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act and the Election Code. House Committee Amendment No. 1 - Makes an additional corresponding change in the Election Code.
Current Status:
5/30/2021 - Passed Both Houses
SB817
SCHOOL CODE-HAIRSTYLES (SIMMONS M) Senate Floor Amendment No. 2 - Replaces everything after the enacting clause. Amends the School Code. Provides that a non-public elementary or secondary school registering with the State Board of Education must provide assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a non-public elementary or secondary school that has obtained or seeks to obtain recognition status from the State Board may not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a school uniform or dress code policy adopted by a school board or local school council shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture. Sets forth a penalty for noncompliance with the school uniform or dress code policy provisions. Requires the State Board to make available, on its Internet website, resource materials developed in consultation with stakeholders regarding hairstyles. Amends the Charter Schools Law of the School Code to require a charter school to comply with the school uniform or dress code policy provisions. Effective January 1, 2022. House Committee Amendment No. 1 - Provides that the Act may be referred to as the Jett Hawkins Law.
Current Status:
5/30/2021 – Passed Both Houses
SB967
HEALTHCARE-PREGNANT-POSTPARTUM (CASTRO C) Senate Floor Amendment No. 2 - Replaces everything after the enacting clause. Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Improving Health Care for Pregnant and Postpartum Individuals Act. Amends the Illinois Insurance Code. Provides that insurers shall allow hospitals separate reimbursement for a long-acting reversible contraceptive device provided immediately postpartum in the inpatient hospital setting before hospital discharge. Provides that an individual or group policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after the amendatory Act's effective date shall provide coverage for pregnancy and newborn care in accordance with specified federal provisions regarding essential health benefits. Contains requirements for pregnancy and postpartum coverage benefits. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Amends the Department of Human Services Act. Requires the Department of Human Services to expand and update its maternal child health programs to serve any pregnant or postpartum woman identified as high-risk by the individual's primary care provider or hospital according to specified standards. Contains other provisions. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. In provisions regarding obstetric hemorrhage and hypertension training, requires the Department of Public Health to ensure that all birthing facilities have a written policy and conduct continuing education yearly (rather than only conduct continuing education yearly) for providers and staff of obstetric medicine and of the emergency department and other staff that may care for pregnant or postpartum women. Requires the Department, in collaboration with the Department of Human Services and specified entities, and, on or before June 1, 2024, to revise or add to the rules of the Maternal and Child Health Services Code that govern the High Risk Infant Follow-up, using current scientific and national and State outcomes data, to expand existing services to improve both maternal and infant outcomes overall and to reduce racial disparities in outcomes and services provided. Contains other provisions. Amends the Illinois Public Aid Code. Provides that, on or after July 1, 2022, individuals who are otherwise eligible for medical assistance under specified provisions shall receive coverage for perinatal depression screenings for the 12-month period beginning on the last day of their pregnancy, subject to specified conditions. Provides that within 90 days of the amendatory Act's effective date, the Department of Healthcare and Family Services shall seek approval of a State Plan amendment to expand coverage for family planning services to individuals whose income is at or below 208% of the federal poverty level. Provides that the Department shall allow Medicaid providers to receive Medicaid reimbursement for a postpartum visit that is separate from Medicaid reimbursement for prenatal care and labor and delivery services. Makes other changes. Effective immediately.
Current Status:
5/27/2021 - Passed Both Houses
SB1599
HUMAN TRAFFICKING TASK FORCE (COLLINS J) Creates the Human Trafficking Task Force Act. Provides requirements regarding the composition and duties of the task force. Provides that the task force shall provide a report containing specified information to the General Assembly and Governor no later than June 30, 2024. Abolishes the task force and repeals the Act on July 1, 2024. Effective immediately. Senate Committee Amendment No. 1 - Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: adds a statement of findings; and includes additional duties for the Task Force. Effective immediately.
Current Status:
5/27/2021 - Passed Both Houses
SB2014
HIGHER ED-MENTAL HEALTH-STU ID (CULLERTON T) Amends the Mental Health Early Action on Campus Act. Provides that if a public higher education institution issues student identification cards to its students, the institution must provide contact information for certain suicide prevention and mental health resources on each student identification card. Provides that if an institution does not issue student identification cards to its students, the institution must publish the contact information on its website. Effective July 1, 2022. Senate Floor Amendment No. 1 - Requires the contact information to be provided on each student identification card issued by the public college or university after the effective date of the amendatory Act (rather than requiring the contact information to be provided on each student identification card issued by the public college or university).
Current Status:
5/21/2021 - Passed Both Houses
SB2136
EXPUNGEMENT-PROSTITUTION (COLLINS J) Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of a conviction for felony prostitution committed prior to the effective date of the amendatory Act. Establishes timelines for the automatic expungement of the records based on the date of the creation of the records. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief may be filed by a person confined, or subject to being confined by the State, local, or federal government as a result of a State criminal conviction (rather than only by persons imprisoned in the penitentiary). Strikes a provision concerning expungement procedures for drug tests. Effective immediately. Senate Floor Amendment No. 1 - Deletes a provision providing for the automatic expungement of felony prostitution convictions within a certain time frame. Provides that any individual may at any time institute proceedings under the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, notwithstanding that he or she is no longer imprisoned and notwithstanding that his or her liberties are not being currently curtailed by action of the State, if his or her conviction has potential consequences under federal immigration law. Defines "conviction". House Floor Amendment No. 1 - Deletes a new provision added to the Code of Criminal Procedure of 1963 concerning the institution of specified proceedings. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, provides that any individual may at any time file a petition and institute proceedings, if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. House Floor Amendment No. 2 - Reinserts a stricken provision relating to the petitioner passing a drug test.
Current Status:
5/31/2021 - Passed Both Houses
SB2323
DCFS-PROHIBITED RESTRAINTS (FEIGENHOLTZ S) Amends the Children and Family Services Act. Prohibits the use of restraints on youth in care, including chemical, manual, and mechanical restraints, during the provision of any transportation services provided or arranged by the Department of Children and Family Services or its contractual assigns. Provides that any known, alleged, or suspected violation of the prohibition shall immediately be reported to the Department's Office of the Inspector General, the court presiding over the youth's case in accordance with the Juvenile Court Act of 1987, and the youth's attorney and guardian ad litem. Requires the Department to make a significant events report for any known, alleged, or suspected violation of the prohibition. Sets forth a list of circumstances that require the Department to prepare a written individualized trauma-sensitive transportation plan for any youth in care. Requires the Department to obtain court approval of the transportation plan in accordance with the Juvenile Court Act of 1987 as well as written approval of the transportation plan from the Department's Chief Deputy Director and the Chief Deputy Director of its Clinical Division. Contains provisions concerning information that must be included in a written individualized trauma-sensitive transportation plan; and Department reporting requirements. Amends the Juvenile Court Act of 1987. Requires the Department to ensure the provision of trauma-sensitive transport to minors placed in its care. Contains provisions concerning factors a court must consider when determining whether to approve an individualized trauma-sensitive transportation plan submitted by the Department. Effective immediately. Senate Committee Amendment No. 1 - Changes the definition of "restraints" to provide that the term does not include child restraint systems or devices ordinarily worn by the youth during transport. Expands the definition of "youth" to include youth in the protective custody of the Department of Children and Family Services. In a provision concerning individualized trauma-sensitive transportation plans, provides that for youth who are psychiatrically hospitalized, discharge and placement planning shall begin from the moment of admission, including developing the transportation plan required under the amendatory Act and seeking court approval as necessary. House Committee Amendment No. 1 - Provides that the term "transport" does not include inter-hospital non-emergency transportation. Requires the Department of Children and Family Services to begin discharge and placement planning from the moment of admission for youth who are psychiatrically hospitalized.
Current Status:
5/30/2021 - Passed Both Houses
SB2339
PRIVACY OF CHILD VICTIMS (LIGHTFORD K) Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that law enforcement agency records and all circuit court records relating to any investigation or proceeding pertaining to a criminal sexual offense shall be restricted to exclude the identity of a child victim, and shall not be restricted to exclude the identity of any child who is a victim of such criminal sexual offense or alleged criminal sexual offense only if a court order is issued authorizing the disclosure of a particular case or particular cases records maintained by any circuit court clerk. Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of child victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 - Further amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records (in addition to the exemptions provided in current law). Provides that the copy of the criminal history record information to be provided under a specified provision shall exclude the identity of the child victim. Provides that, in a provision concerning criminal sexual offense and school districts, a superintendent shall be restricted from revealing the identity of the victim. Provides that nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act. House Floor Amendment No. 2 - Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.
Current Status:
5/31/2021 - Passed Both Houses
SB2340
ADULT VICTIM PRIVACY (LIGHTFORD K) Creates the Privacy of Adult Victims of Criminal Sexual Offenses Act. Defines "adult victim" and "criminal history record information." Provides that notwithstanding any other law to the contrary, inspection and copying of law enforcement records maintained by any law enforcement agency or all circuit court records maintained by any circuit clerk relating to any investigation or proceeding pertaining to a criminal sexual offense, by any person not exempted by this Act, shall be restricted to exclude the identity of the adult victim without a court order. Provides that when a criminal sexual offense is committed or alleged to have been committed by a school district employee or any individual contractually employed by a school district, a copy of the criminal history record information relating to the investigation of the offense or alleged offense shall be transmitted to the superintendent of schools if certain conditions are met. Makes other changes. Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following change: Clarifies language related to restricting the identity of victims of criminal sexual offenses or alleged criminal sexual offenses by providing that such identity shall be restricted unless a court order is issued authorizing the removal of such restriction of a particular case record or particular records of cases maintained by any circuit court clerk. House Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records, and removes "parent" from the list of exempt individuals. Provides that a court may for the adult victim's protection and for good cause shown, prohibit any person or agency present in court from further disclosing the adult victim's identity. Provides that a court may prohibit such disclosure only after giving notice and a hearing to all affected parties. Provides that in determining whether to prohibit disclosure of the adult victim's identity the court shall consider: (a) the best interest of the adult victim; and (b) whether such nondisclosure would further a compelling State interest. Provides that the copy of the criminal history record information that is to be provided under a provision concerning criminal sexual offense and school districts shall exclude the identity of the adult victim. Provides that the superintendent shall be restricted from revealing the identity of the adult victim. House Floor Amendment No. 2 - Provides that the Attorney General and Assistant Attorneys General may be exempt from a requirement to exclude a victim's identity in certain records.
Current Status:
5/31/2021 - Passed Both Houses