Rep. Michelle Mussman

Amends the School Code. Provides that, upon knowledge of an incident of sexual assault by a student against another student, a school district shall report the incident to the State Board of Education; defines "sexual assault". Provides that the State Board shall post on its website for each school year the total number of reported incidents statewide and in each school district. Provides that the State Board shall also report the data annually to the General Assembly no later than September 1 of each year.

Amends the Public Defender and Appointed Counsel Division of the Counties Code. Creates the Public Defender Quality Defense Task Force. Provides that the Task Force is established to: (i) examine the current caseload and determine the optimal caseload for public defenders in the State; (ii) examine the quality of legal services being offered to defendants by public defenders of the State; and (iii) make recommendations to improve the caseload of public defenders and quality of legal services offered by public defenders. Provides that the Task Force shall hold a minimum of 2 public hearings and at other times of its choosing. Provides that the Task Force shall prepare a report that summarizes its work and makes recommendations resulting from its study to the General Assembly and Governor no later than December 31, 2020. Repeals the provisions on December 31, 2021. Effective immediately. Fiscal Note (Office of the State Appellate Defender) If the only responsibility to the Agency would be to provide space for meetings, the cost would be minimal because meetings could be held in our Chicago or Springfield office. If the Agency was responsible for administrative costs, travel reimbursement for board members, preparation of meeting materials or research and analysis, the cost could be significantly more. House Floor Amendment No. 1 Removes a requirement that the Governor appoint at least one Task Force member from the Legal Resources Division of the Office of the Cook County Public Defender. Provides that the Governor shall appoint 5 (rather than 3) public defenders or assistant public defenders to the Task Force from 5 (rather than 3) counties other than Cook County.

Amends the Sexual Assault Evidence Submission Act. Provides that the State Police shall by rule establish a sexual assault evidence tracking system that conforms to the recommendations made by the Sexual Assault Evidence Tracking and Reporting Commission in its report dated June 26, 2018. Provides that the Department of State Police shall design the criteria for the sexual assault evidence tracking system so that, to the extent reasonably possible, the system can use existing technologies and products. Provides that the sexual assault evidence tracking system shall be operational no later than than one year after the effective date of the amendatory Act. Provides that a treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Health to receive transfers of Illinois sexual assault survivors, or an approved pediatric health care facility must comply with rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police. Provides for the operations of the sexual assault tracking system to be funded by appropriations from the State Crime Laboratory Fund, together with asset forfeiture and other funds appropriated by the General Assembly. Authorizes emergency rulemaking. Exempts information in the sexual assault evidence tracking system from disclosure under the Freedom of Information Act. Amends the Illinois Administrative Procedure Act, the Freedom of Information Act, the Sexual Assault Survivors Emergency Treatment Act, and the Unified Code of Corrections to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Adds requirements and recommendations of the report created by the Sexual Assault Evidence Tracking and Reporting Commission issued on June 26, 2018 for implementation of the sexual assault evidence tracking system. Effective immediately.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities under the Act, including, but not limited to, intermediate care for the developmentally disabled facilities, medically complex for the developmentally disabled facilities, community-integrated living arrangements, community day services, employment, and other residential and day programs for persons with intellectual and developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Provides that on or before July 1, 2019, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $5.25 per hour above the highest applicable federal, State, county, or municipal minimum wage, and on or before that date, other front-line personnel shall earn a commensurate wage. Provides that on or before July 1, 2021, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $6.75 per hour above the highest applicable federal, State, county, or municipal minimum Wage, and on or before July 1, 2021, other front-line personnel shall earn a commensurate wage. Amends the Illinois Public Aid Code to make conforming changes. Effective immediately.

Amends the School Code. Provides that an approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years (rather than 5 school years like other mandate waivers) and may be renewed no more than 2 times upon application by an eligible applicant. Provides that an approved waiver from or modification to a physical education mandate may be changed within the 2-year period by the school board or regional superintendent of schools, whichever is applicable, following the procedure set forth in the Code for the initial waiver or modification request. Provides that a school board may determine the schedule or frequency of physical education courses, provided that an elementary school pupil engage in a course of physical education for a minimum of 150 minutes per week and a middle school, junior high school, or high school pupil engage in a course of physical education for a minimum of 225 minutes per week (rather than engage in a course of physical education for a minimum of 3 days per 5-day week). Provides that if a student non-attendance day is scheduled for a day that would otherwise include a physical education class or if the school building is not otherwise open to students on a day that would otherwise include a physical education class, a student is not required to make up the minutes from that class; defines "student non-attendance day". Effective July 1, 2019.

Amends the Criminal Code of 2012 relating to the offense of disorderly conduct at a funeral or memorial service. Increases the time that a specified place can be considered a "funeral site" from 30 minutes before and after a funeral to one hour before and after. Increases the distance from which the conduct at the funeral or memorial service is prohibited from 300 feet to 1,000 feet of any ingress or egress of the funeral site. Effective immediately.

Amends the Child Care Act of 1969. Provides that on or before January 1, 2020, the Department of Children and Family Services, in consultation with the Department of Public Health, shall adopt rules that require child care facilities to implement an emergency action plan for an active shooter scenario. Effective immediately.

Urges the Illinois Department of Public Health to adopt new guidelines for painkillers.

Amends the School Code. Creates the Make Sexual Abuse Fully Extinct Task Force to address issues concerning the sexual abuse of students in school-related settings. Provides for the membership, meetings, and support of the Task Force. Provides that the Task Force shall review the best practices for preventing the sexual abuse of students in a school-related setting or by school-related perpetrators, including school district employees or other students, how to best address that abuse, and the proper support for students who have suffered from that abuse. Provides that on or before January 1, 2020, the Task Force must report the findings of its review to the Governor and the General Assembly, at which time the Task Force is dissolved; specifies what the report must include. Repeals the provision on July 1, 2020. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change. Requires the Make Sexual Abuse Fully Extinct Task Force to report the findings of its review to the General Assembly on or before January 15, 2020 (rather than January 1, 2020). Effective immediately.

Amends the Illinois Public Labor Relations Act. Makes a technical change in a Section concerning security employees. House Committee Amendment No. 1 Deletes reference to: 5 ILCS 315/14 Adds reference to: 30 ILCS 708/77 new Replaces everything after the enacting clause. Amends the Grant Accountability and Transparency Act. Provides that Independent Service Coordination agencies shall be exempt from the provisions of the Act with respect to the grant application and notice of opportunity process. Provides that any award granted under the Act by the Division of Developmental Disabilities of the Department of Human Services to an Independent Service Coordination agency prior to the effective date of this amendatory Act is void. Provides that nothing in the provisions shall be construed to prevent the Division from providing grants to Independent Service Coordination agencies. Defines "Independent Service Coordination agency". Effective immediately.