Rep. Will Guzzardi

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Defines "reportable misconduct" as specified sexual and violent misconduct. Requires health professionals and health institutions to report reportable misconduct to the Department of Financial and Professional Regulation. Sets forth provisions concerning time lines for reporting, contents of the report, and confidentiality. Permits the Department to adopt rules to implement, administer, and enforce the reporting requirements, including, but not limited to, rules that define terms and are necessary and appropriate to interpret and implement provisions concerning health professionals and health institutions. Provides that a law enforcement agency shall make a report to the Department within 30 days after opening an investigation into, making an arrest of, or bringing charges of a felony or Class A misdemeanor violation against a person who is licensed or registered by the Department. Provides that the State's Attorney shall report to the Department within 5 days after the conviction for a felony or Class A misdemeanor of a person who is licensed or registered by the Department. Amends the Hospital Licensing Act. Adds reporting requirements for specified serious incidents or events. Creates the Sexual Assault Survivors Fund. Makes changes in provisions concerning the posting of information; reports to the Department; penalties for failure to comply with the Act; and patient protection from abuse. Amends the State Finance Act to make a conforming change. Amends the Illinois Adverse Health Care Events Reporting Law of 2005. Makes changes in provisions concerning the establishment of a reporting system. Amends various Acts pertaining to health professionals and health institutions. Adds the failure to report reportable misconduct to the causes that allow the Department to take disciplinary or non-disciplinary action as deemed appropriate by the Department with regard to a license. Makes conforming and other changes.

Amends the Illinois Insurance Code. Provides that no provision of the Illinois Insurance Code, or any other law, prohibits assignability rights to an insured under any policy of dental insurance (in addition to accident and health insurance). Provides that if an enrollee or insured of an insurer, health maintenance organization, managed care plan, health care plan, preferred provider organization, dental service plan corporation, dental insurer, or third party administrator assigns a claim to a health care professional, or health care facility, a dental care provider, or a dental care facility, then payment shall be made directly to the health care professional, or health care facility, dental care provider, or dental care facility, including any required interest. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that the court shall require a minor to participate in restorative justice programs, such as social service programs for high-risk youth, cognitive behavioral therapy, including family engagement and mentoring, and comply with referral recommendations if the minor: (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury.

Amends the Juvenile Court Act of 1987. Provides that, in proceedings under the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Article, initiated in a county, other than the county in which the minor who is subject of the proceedings resides, the court in which the proceedings were initiated may at any time before or after adjudication of wardship transfer the case to the county of the minor's residence. Provides that not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. Provides that the clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties. Provides that the receiving court shall review the court record immediately upon receipt. Provides that within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Provides that until the transferring court receives this notice it continues to have jurisdiction over the case. Provides that if for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. Provides that the transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days. Effective immediately.

Amends the Unified Code of Corrections. Provides that the rules and regulations of the Department of Corrections shall also provide that sentence credit may be provided to an inmate who was held in pretrial detention prior to his or her current commitment to the Department of Corrections and successfully completed a substance abuse program (rather than a full-time, 60-day or longer substance abuse program), county jail or detention facility work assignments, or parenting program, or re-entry planning facilitated (rather than provided) by the county department of corrections, county jail, or other provider. Provides that the rules and regulations shall also provide that sentence credit may be provided to a committed person who participated in supervised community work or activities in accordance with the Code prior to his or her commitment to the Department of Corrections.

Amends the Illinois Human Rights Act. Provides that in the Articles governing employment, financial credit, and public accommodations it is a civil rights violation to use criteria or methods including practices, policies, and groups of practices or policies that has the effect of subjecting individuals to discrimination prohibited under the Act. Changes the definition of "unlawful discrimination" to mean discrimination against a person, whether by purpose or effect, because of his or her actual or perceived: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service as those terms are defined in the Act.

Amends the Community Living Facilities Licensing Act, the MC/DD Act, the ID/DD Community Care Act, the Community-Integrated Living Arrangements Licensure and Certification Act, and the Child Care Act of 1969. Requires the State agencies responsible for licensing facilities under those Acts to adopt, by December 31, 2026, rules requiring a facility to disclose upon initial application for licensure and on a quarterly basis thereafter, whether the facility, its subsidiaries, affiliates, parent companies, or contractual service providers are owned, managed, or contained within a fund owned or managed by an asset management company; and if so, to make certain disclosures about the asset management company's assets, the facility's debt, and other matters. Requires the State agencies to also adopt rules requiring such a facility to provide written notice of transactions and copies of agreements which would (i) sell or otherwise dispose of a material amount of the facility's assets or (ii) transfer control, responsibility, or governance of a material amount of the facility's assets or operations. Prohibits facilities owned or managed by an asset management company from engaging in certain transactions or actions that would result in the facility issuing debt-funded dividends or perform any other similar action causing the facility to become financially distressed. Provides that a violation of these requirements and prohibitions constitutes an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Requires the State agencies to publish disclosures, written notices, and copies of agreements submitted by facilities on the agencies' public websites. Imposes similar requirements and prohibitions on adult day service providers serving individuals with developmental disabilities under the Illinois Act on the Aging and providers of adult developmental training services under the Mental Health and Developmental Disabilities Administrative Act. Effective immediately.

Amends the Digital Library Protection Act. Provides that no publisher shall enter into a contract or license agreement to distribute electronic literary materials to a library that: (1) restricts the library from performing customary operational functions; (2) restricts the library from performing customary lending functions; (3) restricts the library from disclosing the terms of the contract or license agreement to any other library in the State; or (4) requires the library to violate the Library Records Confidentiality Act. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that any contract to license electronic literary materials to a library that includes a provision prohibited under the Act is deemed unenforceable and void. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective immediately.

Provides that the Act may be referred to as the Safeguards to Ensure Continuity and Uphold Rights and Equity (SECURE) Act. Sets forth several legislative findings, including that (i) Illinois retains a non-delegable duty to safeguard the safety, health, dignity, and well-being of all youth in the care or custody of the Department of Children and Family Services, and (ii) the Department must respect and meaningfully consider a youth's expressed preferences in placement options while conducting transparent, individualized risk assessments. Amends the Children and Family Services Act. Adds provisions concerning case plans for youth in care and the specific tasks and responsibilities a caregiver must complete to ensure each youth is provided with safe, proper, and supportive care based on the youth's needs and best interests, including, but not limited to, the youth's protected characteristics as defined under the Illinois Human Rights Act. Contains provisions concerning requirements for interstate placements of youth age 8 or older, including, but not limited to: protecting a youth's access to lawful health care and civil immunities for Department employees who protect a youth's access to lawful health care; individualized assessments on the suitability and risks of the proposed interstate placement; ongoing Illinois-based case worker contact and monitoring; and a prohibition on consent to conversion therapy. Contains provisions on youth requested in-state or out-of-state placement and other related matters; annual Department reports on out-of-state placements; performance audits; private right of action; and other matters. Amends the Child Care Act of 1969 by adding provisions on supportive care for youth in care; youth-directed placement rights; licensure and contractual compliance. Amends the Juvenile Court Act of 1987. Adds provisions on the appointment of an attorney for a youth in care with special needs; required Department attestations on caregiver conduct when a youth is placed in an out-of-state residential treatment center; assessments and monitoring for minors in out-of-state placements; and other matters. Effective July 1, 2027.

Amends the School Code. Provides that early childhood programs receiving State funds shall restrict suspensions. Provides that the decision to suspend a student in preschool for 3 or more days may only be made by the superintendent of the school district, director of an early childhood program, or their equivalent and that the length of the suspension for any student in preschool may not be longer than the number of days required by the school district or early childhood program to develop and implement a behavior intervention plan or safety plan. Prohibits a student in kindergarten through grade 2 from being expelled unless otherwise required by federal or State law. Provides that the decision to suspend a student in kindergarten through grade 2 for 3 or more days may only be made by the superintendent of the school district and that the length of the suspension for any student in kindergarten through grade 2 may not be longer than the number of days required by the school district to develop and implement a behavior intervention plan or safety plan. Provides that a student who is suspended in excess of 20 school days may be immediately transferred to an alternative program. Provides that a student shall not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. Makes other changes.