HB3801eng 94TH GENERAL ASSEMBLY

HB3801 Engrossed LRB094 03494 RAS 33497 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Medical School Applicant Criminal Background Check Act.

Section 5. "Sex offender" means any person:

(1) who is charged pursuant to Illinois law, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, with any of the following sex offenses set forth in the Criminal Code of 1961:

(A) indecent solicitation of a child;

(B) sexual exploitation of a child;

(C) custodial sexual misconduct;

(D) prostitution;

(E) soliciting for a juvenile prostitute;

(F) keeping a place of prostitution;

(G) keeping a place of juvenile prostitution;

(H) patronizing a juvenile prostitute;

(I) pimping;

(J) juvenile pimping;

(K) aggravated juvenile pimping;

(L) exploitation of a child; or

(M) child pornography;

and who is:

(A) convicted of such offense or an attempt to commit such offense;

(B) found not guilty by reason of insanity of such offense or an attempt to commit such offense;

(C) found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense;

(D) the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense;

(E) found not guilty by reason of insanity following a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense;

(2) who is certified as a sexually dangerous person pursuant to the Sexually Dangerous Persons Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law;

(3) who is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act;

(4) who is found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or

(5) who is adjudicated a juvenile delinquent as the result of committing or attempting to commit an act that, if committed by an adult, would constitute any of the sex offenses set forth in subdivision (1) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law or found guilty under Article V of the Juvenile Court Act of 1987 of committing or attempting to commit an act that, if committed by an adult, would constitute any of the offenses set forth in subdivision (1) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law.

Any conviction set aside pursuant to law is not a conviction for purposes of this definition.

"Violent felony" means any of the following offenses, as defined by the Criminal Code of 1961:

(1) First degree murder.

(2) Second degree murder.

(3) Aggravated arson.

(4) Aggravated kidnapping.

(5) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

Section 10. Criminal background check for applicants. An applicant for admission to a medical school located in Illinois must submit to, and each medical school located in Illinois must require, a criminal background check for violent felony convictions and any adjudication of an applicant as a sex offender conducted by the Department of State Police and the Federal Bureau of Investigation as part of the medical school admissions application process. A medical school shall forward the name, sex, race, date of birth, and social security number of each of its applicants to the Department of State Police to be searched against the Illinois criminal history records database and the Statewide Sex Offender Database in the form and manner prescribed by the Department of State Police. If a search of the Illinois criminal history records database and the Statewide Sex Offender Database indicates that the applicant has a conviction record or has been adjudicated a sex offender, a fingerprint-based criminal history records check shall be required. Each applicant requiring a fingerprint-based search shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall furnish, pursuant to positive identification, records of an applicant's violent felony convictions and any record of an applicant's adjudication as a sex offender to the medical school that requested the criminal background check.

Section 15. Fees. The Department of State Police shall charge each requesting medical school a fee for conducting the criminal background check, which shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. Each requesting medical school is solely responsible for payment of this fee to the Department of State Police. Each medical school may impose its own fee upon an applicant for admission to cover the cost of the criminal background check at the time the applicant submits to the criminal background check.

Section 20. Admissions decision. The information collected as a result of the criminal background check shall be considered by the requesting medical school in determining whether or not to admit the applicant. A violent felony conviction shall not preclude an applicant from gaining admission to any medical school located in Illinois. However, an applicant who has been adjudicated a sex offender shall be precluded from gaining admission to any medical school located in Illinois.

Section 90. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-327 as follows:

(20 ILCS 2605/2605-327 new)

Sec. 2605-327. Conviction and sex offender information for medical school. Upon the request of a medical school under the Medical School Applicant Criminal Background Check Act, to ascertain whether an applicant for admission has been convicted of any violent felony or has been adjudicated a sex offender. The Department shall furnish this information to the medical school that requested the information.

Section 99. Effective date. This Act takes effect upon becoming law.