Rep. Anne Stava

Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately. Fiscal Note (Dept. of Public Health) HB 2 would not pose any fiscal cost aside from standard staff time with the rulemaking. The cost would be negligible. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes: Removes language regarding a woman's rights to receive maternity care regarding social and behavioral factors, to receive continuous social, emotional, and physical support during labor and birth, and to receive full advance information about specified risks and benefits. Provides that a woman has the right to a certified nurse midwife as her maternity care professional and to examine and receive an explanation of her total bill for services rendered. Specifies that nothing in the provisions or any rules adopted under them shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources. Makes other changes. Effective January 1, 2020 (rather than immediately).

Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence. Senate Floor Amendment No. 2 Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.

Amends the Department of Human Services Act. Requires the Department of Human Services to ensure access to substance use and mental health services statewide for pregnant and postpartum women, and to ensure that programs are gender-responsive, are trauma-informed, serve women and young children, and prioritize justice-involved pregnant and postpartum women. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish a classification system for specified levels of maternal care. Requires the Department to implement substantive measures that benefit maternal care and provide a greater amount of available information in order to further medical research. Amends the Emergency Medical Services (EMS) Systems Act. Requires the Department of Public Health to ensure that EMS systems are transporting pregnant women to the appropriate facilities based on the Department of Public Health's classification system for levels of maternal care. Effective immediately. Senate Floor Amendment No. 1 Removes language requiring the Department to ensure access to mental health services, create or expand home visiting programs for high-risk mothers, and expand efforts to provide universal home visiting to all mothers within 3 weeks of giving birth. Requires the Department to adopt rules to implement the provisions.

Creates the Student Online Personal Protection Act of 2019. Provides for legislative intent and definitions. Provides for operator prohibitions, operator duties, school authority prohibitions, school authority duties, State Board of Education duties, and parent rights. Creates the Student Data Protection Oversight Committee and provides for the Committee's membership and support. Requires the Committee to submit an annual report to the General Assembly and the State Board of Education with recommendations, if any, for policy revisions and legislative amendments that would carry out the intent of the Act. Amends the Illinois School Student Records Act. Adds a definition of record. Requires written consent of a student's parent to publish student directories that list student names, addresses, and other identifying information and similar publications. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Repeals the Student Online Personal Protection Act. Effective immediately. House Floor Amendment No. 3 Deletes reference to: New Act 105 ILCS 10/2 105 ILCS 10/6 105 ILCS 85/Act rep. 815 ILCS 505/2Z Adds reference to: 105 ILCS 85/5 105 ILCS 85/10 105 ILCS 85/15 105 ILCS 85/26 new 105 ILCS 85/27 new 105 ILCS 85/28 new 105 ILCS 85/33 new Replaces everything after the enacting clause. Amends the Student Online Personal Protection Act. Defines "breach", "longitudinal data system", "parent", and "student". Adds to an operator's duties. Provides for school prohibitions and duties and the State Board of Education's duties. Provides for parent and student rights. Makes other changes. Effective July 1, 2021. Senate Committee Amendment No. 1 Adds reference to: 105 ILCS 85/30 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Changes the definition of "breach". Adds and makes changes to an operator's duties and a school's duties. Provides that at least once (rather than twice) annually, the State Board of Education must publish and maintain on its website a list of all of the entities or individuals that the State Board contracts with or has agreements with and that hold covered information and a copy of each contract or agreement. Provides that the Student Online Personal Protection Act does not prohibit an operator or school from producing and distributing, free or for consideration, student class photos and yearbooks to the school, students, parents, or individuals authorized by parents and to no others, in accordance with the terms of a written agreement between the operator and the school. Effective July 1, 2021. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Provides that certain information that is required to be posted on a school's website must be made available at a school's administrative office for inspection by the general public if the school does not maintain a website. Provides that a school may omit from its list of breaches of covered information any breach in which the date, estimated date, or estimated date range in which it occurred is earlier than July 1, 2021 or any breach previously posted on a list no more than 5 years prior to the school updating the current list. Provides that a notice of breach may be delayed if an appropriate law enforcement agency determines that the notification will interfere with a criminal investigation and provides the school with a written request for a delay of notice. Allows the State Board of Education to share, transfer, disclose, or provide covered information to its employees or officials acting within their official capacity. Removes a provision stating that a student's covered information is the sole property of the student's parent. Makes changes to a parent's and student's rights. Makes other changes. Effective July 1, 2021.

Amends the Code of Criminal Procedure of 1963. Provides that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Amends the Unified Code of Corrections. Provides that the defendant is the parent of a child or infant whose well-being will be affected by the parent's absence shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment. Provides circumstances to be considered in assessing this factor in mitigation. Makes other changes. House Committee Amendment No. 1 Deletes reference to: 725 ILCS 5/110-5.3 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Deletes language providing that at the initial bail hearing or any subsequent hearing, the defendant shall be released on recognizance if the judge finds that the defendant's pre-trial detention will harm any infant or child in the defendant's custody at the time of arrest, unless the harm is outweighed by a clear and serious risk of harm to a victim or the community. Provides circumstances that the court shall consider in favor of release. Removes a factor in mitigation. Makes other changes.

Amends the School Visitation Rights Act. Prohibits an employer from terminating an employee because of an absence from work due to employee's attendance at a school conference or activity. Effective immediately. House Committee Amendment No. 2 Provides that an employer may not terminate an employee for an absence from work if the absence is due to the employee's attendance at a school conference, behavioral meeting, or academic meeting (rather than a school conference or activity). Senate Floor Amendment No. 1 Adds reference to: 820 ILCS 147/15 Replaces everything after the enacting clause. Amends the School Visitation Rights Act. Provides that employees may use school visitation privileges for purposes of academic and behavioral meetings in addition to school conferences. Provides that an employee may not be terminated for the use of school visitation privileges. Effect August 1, 2020.

Amends the Sexual Assault Evidence Submission Act. Provides that the Department of State Police shall create and operate a statewide sexual assault evidence kit tracking system. Provides that on and after the effective date of the amendatory Act, each sexual assault evidence kit created shall have a tracking mechanism attached to the kit for input into the statewide sexual assault evidence kit tracking system. Provides that every sexual assault evidence kit shall have the tracking mechanism attached to the kit for input into the statewide sexual assault evidence kit tracking system on or before January 1, 2020. Provides that the statewide sexual assault evidence kit tracking system shall: (1) track the location and status of sexual assault evidence kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at local law enforcement agencies, and receipt and analysis at forensic laboratories; (2) allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, State and local crime laboratories, and other entities who have physical custody of sexual assault evidence kits to update and track the status and location of sexual assault evidence kits; (3) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault evidence kits; and (4) use technology to allow continuous access for appropriate personnel. Effective July 1, 2019.

Creates the Immigrant Tenant Protection Act. Defines terms. Provides that, with exceptions, a landlord shall not: (1) threaten to disclose or actually disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or any immigration or law enforcement agency with the intent of harassing or intimidating the tenant, retaliating against the tenant for exercising his or her rights, or influencing the tenant to surrender possession; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. Provides that the Act does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law; nor does the Act enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. Provides that waiver of a right under the Act by a tenant is void as a matter of public policy. Provides remedies. Provides that in a civil action involving a tenant's or occupant's housing rights, no inquiry shall be permitted into the tenant's or occupant's immigration or citizenship status, with exceptions. Amends the Eviction Article of the Code of Civil Procedure. Provides that, subject to specified conditions, it is an affirmative defense to an eviction that a landlord engaged in conduct on the basis of immigration status of the tenant. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that an eviction order may not be entered against a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Effective immediately.

Creates the Re-Entering Citizens Civics Education Act. Provides that the Department of Corrections and the Department of Juvenile Justice shall provide a nonpartisan peer-led civics program throughout the correctional institutions of the State to teach civics to soon-to-be released citizens who will be re-entering society. Provides for the curriculum and eligibility for the program. Provides that the program shall be taught by peer educators who are citizens incarcerated in the Department of Corrections and the Department of Juvenile Justice facilities and specially trained by experienced peer educators and established nonpartisan civic organizations. Provides that the nonpartisan civic organizations shall provide adequate training to peer educators on matters including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes, and shall provide periodic updates to program content and to peer educators. Provides that the Department of Corrections shall adopt rules to carry out the Act within 6 months after the effective date of the Act. Provides that the funding for the voting rights and registration peer education program shall be subject to appropriation by the General Assembly. Contains provisions regarding funding for the program. Effective January 1, 2020. Senate Floor Amendment No. 2 Provides that the civic education program must be offered by the Department of Corrections and the Department of Juvenile Justice to prisoners scheduled to be discharged within 12 months (rather than 6 months). Provides that established nonpartisan civic organizations may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. Provides that the Department of Corrections and the Department of Juvenile Justice should aim to include the peer reeducation workshop in conjunction with other pre-release procedures and movements. Adds references to "or superintendents" wherever "wardens" appear in the engrossed bill.

Amends the Election Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voting by mail for voters eligible to vote in the county who are confined or detained in the county jail. Provides that in a county with a population of 3,000,000 or more, the election authority in the county shall establish a temporary branch polling place in the county jail. Provides that a refusal by an eligible voter to participate in the voting process must be documented by the voter or witnessed by a pollwatcher. Provides that individuals who facilitate a vote by mail process must receive training on the process, responsibilities, and requirements of implementing a vote by mail program. Contains additional provisions concerning the temporary branch polling place in the county jail. Prohibits certain individuals from from being election judges in a temporary branch polling place in a county jail. Amends the Counties Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. Provides that a county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote. Amends the Unified Code of Corrections. Provides that upon release of a person who is eligible to vote, the Department of Corrections shall provide the person with a specified form that informs him or her that his or her voting rights have been restored. Amends the Unified Code of Corrections and Counties Code. Provides that upon discharge from a county jail or release from the Department of Corrections, a person shall be provided with a voter registration form. Provides that the Department, each county jail, and each county probation office shall provide an individual in its custody with specified information on voting rights. Makes other changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: In provisions amending the Election Code, removes language that requires a refusal by an eligible voter to participate in the voting process to be documented by the voter or witnessed by a pollwatcher. Removes language that prohibits active law enforcement officers, employees of the Department of Corrections, or employees of the head sheriff of the facility where voting occurs from being election judges in a temporary branch polling place in a county jail.