Rep. Rita Mayfield

Amends the School Code. Makes changes concerning sex education, including changing the name to sexual health and changing course requirements. Makes changes concerning family life course requirements. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the educational areas a comprehensive health education program must include. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. With respect to the sexual health education provisions, makes changes to the definitions of "comprehensive", "identity", "personal safety", "pregnancy and reproduction", and "unintended pregnancy". Removes provisions limiting sexual health education criteria to grades 6 through 12. By August 1, 2022, requires the State Board of Education, in consultation with others, to develop and adopt rigorous learning standards in the area of sexual health education; sets forth other requirements. Makes changes to sexual health education course material and instruction and reporting requirements. Makes changes concerning the topics required to be included in a family life course and the Comprehensive Health Education Program. Makes other changes. Effective immediately. State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate.

Amends the Code of Civil Procedure. Provides that any person criminally prosecuted and incarcerated for 30 days or longer prior to trial for one or more felonies by the State which he or she did not commit may file a petition for a certificate of innocence. Provides that the petitioner must prove that: the petitioner was incarcerated prior to trial in a prosecution that resulted in an acquittal or dismissal; the prosecution did not result in a conviction of a lesser included offense; the petitioner is innocent of the charges on which the petitioner's pretrial detention was based, or the charges did not constitute a felony or misdemeanor; and the petitioner did not by his or her own conduct voluntarily cause or bring about the charges that resulted in his or her pretrial incarceration. Amends the Court of Claims Act. Provides that a person who has been issued a certificate of innocence may file a claim against the State for time unjustly served in pretrial incarceration in a county jail. Provides that the Court of Claims shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned (rather than "the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150"). Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination and an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Makes corresponding changes. Effective immediately. Fiscal Note (Court of Claims) House Bill 87 could have a cost to the State of Illinois, however no dollar estimate can be given. Under the current statute, award amounts for innocent individuals that were incarcerated are in three tiers, with maximum payouts based on the length of incarceration. The tiers are eliminated by this amendment, allowing payment of $50,000.00 per year of incarceration. It is not possible to forecast the number of future innocence claims that may be received by the Court of Claims, nor the lengths of incarceration or circumstances surrounding any individual future claim. The Court received approximately 50 certificates in fiscal year 2020 and, to date, over 70 certificates in fiscal year 2021.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department.

Amends the Medical Patient Rights Act. Requires that, during the pendency of a proclamation issued by the Governor under the Illinois Emergency Management Agency Act declaring that a public health-related emergency exists, a health professional: shall permit people eligible for critical or intensive care services to remain eligible regardless of a patient's age or disability; shall provide individual patient assessments based on the best available objective medical evidence; shall not deny a patient's care based on stereotypes, assessments of a patient's quality of life, or assessments related to disability or other identity factor; and shall not make decisions on health care resources based on age, ancestry, color, creed, disability, domestic partnership or civil union status, ethnicity, gender identity or expression, health insurance status, marital status, national origin, nationality, place of residence, race, sex, sexual orientation, or socioeconomic status if the characteristics are not relevant to the patient's medical diagnosis and treatment. Defines "health professional". Effective immediately.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Creates the Innovation, Automation, and Structural Pilot Program to be implemented and administered by the Department of Commerce and Economic Opportunity. Specifies the purpose of the Program. Provides Program qualification requirements. Provides Program certification requirements. Provides for the adoption of rules. Specifies the duration of the Program. Repeals provisions on January 1, 2029. Effective immediately.

Makes appropriations for the ordinary and contingent expenses of the Law Enforcement Training Standards Board for the fiscal year beginning July 1, 2021, as follows: General Funds $13,325,600; Other State Funds $29,700,000; Federal Funds $1,000,000; Total $44,025,600.

Amends the Environmental Protection Act. Provides that the Environmental Protection Agency shall ensure that possible adverse economic, social, and environmental effects on environmental justice communities relating to any permit or permit renewal have been fully considered prior to publishing a draft permit or permit renewal for public comment, and that the final decision on the permit or permit renewal is made in the best overall public interest. Provides that any person or entity seeking a permit or permit renewal in an environmental justice community shall give public notice with specified information to the residents of the environmental justice community. Provides that environmental justice community residents shall have 90 days following a community meeting to submit comments to the Agency. Provides that a permit applicant for permitted activity sited in an environmental justice community shall enter into a community benefits agreement with the unit of local government in whose jurisdiction the permit applicant has applied. Provides that the community benefits agreement must, at a minimum, contain provisions requiring the permit applicant to mitigate the environmental and public health impact of the permitted activity in the environmental justice community. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 415 ILCS 5/40.4 new Adds reference to: 415 ILCS 5/3.141-5 new 415 ILCS 5/3.141 rep. 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that, before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must satisfy specified notification requirements and obtain an Agency-approved air quality plan. Provides that, at least 30 days after providing notice, an owner or operator must hold at least one public meeting within the municipality in which the site is located to discuss the proposed demolition. Contains requirements for the public meeting and the air quality plan. Requires the air quality plan to include a dust mitigation plan, contingency plan, and site cleanup plan with specified requirements. Contains other provisions. Repeals a provision regarding the notice of power plant demolition. In provisions regarding civil penalties, provides that any person who engages in demolition of a thermal power plant via implosion in violation of the Act shall be liable for a civil penalty of up to $50,000 for the first violation and up to $250,000 for a second or subsequent violation. Effective immediately. House Floor Amendment No. 3 Provides that "thermal power plant" or "plant" includes (rather than includes, at a minimum) generation facilities creating power using coal or gas (rather than coal, gas, or nuclear fuel) as inputs.

Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports under the Act or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult may be the result of abuse or neglect, the matter shall be reported to an agency designated to receive such reports under the Act or to the Department for subsequent referral to the appropriate law enforcement agency and the coroner or medical examiner. Prohibits an employer from discriminating against any employee who reports information about the suspicious death of an eligible adult in accordance with the Act. Provides that any mandated reporter who is required under the Act to report a suspicious death due to abuse, neglect, or financial exploitation shall testify fully in any administrative hearing resulting from such report. Provides that a referral to law enforcement may be made after a report of a suspicious death, depending upon the circumstances. Provides that all records concerning reports of suspicious deaths due to abuse, neglect, financial exploitation, or self-neglect and all records generated as a result of such reports shall be confidential and shall not be disclosed, with some exceptions. Effective January 1, 2022.

Amends the Child Protective Investigator and Child Welfare Specialist Certification Act of 1987. Provides that a bachelor's degree in criminal justice may be used to satisfy the educational requirement under the Act for any person who applies for certification as a child protective investigator.

Amends the Illinois Public Aid Code. Provides that, beginning July 1, 2021, a family eligible for child care services whose income is at or below 185% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as a co-payment for child care services. Deletes a provision that: (i) requires the Department of Human Services to establish, by rule, a co-payment scale that provides for cost sharing by families that receive child care services, including parents whose only income is from assistance under this Code; and (ii) that require co-payments to be based on family income and family size and other factors as appropriate. Removes a provision that authorizes the Department to raise parent co-payments. Effective immediately.