Rep. Avery Bourne

Amends various laws to include emergency medical dispatchers in references to first responders. House Floor Amendment No. 2 Deletes reference to: 820 ILCS 310/1 Deletes from the engrossed bill a proposed amendment to the Workers' Occupational Diseases Act that would have expressly provided that emergency medical dispatchers are COVID-19 first responders.

Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. Provides that solicitation of a sexual act from a person who is under the age of 18 or whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.

Amends the Illinois Vehicle Code. Removes language requiring the phrase "The Susan G. Komen Foundation" to be placed on mammogram license plates. Removes language requiring all money in the Mammogram Fund to be paid as grants to the Susan G. Komen Foundation for breast cancer research, education, screening, and treatment. Provides that all money in the Mammogram Fund shall be paid to the Illinois Breast and Cervical Cancer Program for patient navigation services specifically for populations with the highest rates of breast cancer mortality in the State. Senate Committee Amendment No. 1 Provides that all money in the Mammogram Fund shall be paid to the Illinois Department of Public Health for the Illinois Breast and Cervical Cancer Program. Senate Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the bill, as amended by Senate Amendment No. 1, with the following changes. Provides that all money in the Mammogram Fund shall be distributed by the Illinois Department of Public Health to the Illinois Breast and Cervical Cancer Program (rather than distribution by the Secretary of State to the Illinois Department of Public Health for the Illinois Breast and Cervical Cancer Program).

Amends the Community Mental Health Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 20/0.1 from Ch. 91 1/2, par. 300.1 Adds reference to: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Replaces everything after the enacting clause. Amends the Medical Patient Rights Act. Removes language providing that nothing in the Act shall restrict the ability of a health care facility to regulate the hours of visitation, the number of visitors per patient or the movement of visitors within the facility. Provides that, during a period for which the Governor has issued a proclamation declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the health care facility is located, a health care facility shall ensure an opportunity for at least one visitor, not counting a clergy person, to visit a resident or patient of the health care facility. Requires visitation to be subject to the guidelines, conditions, and limitations of the health care facility's visitation policy and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that visitors may be required by the health care facility to submit to health screenings necessary to prevent the spread of infectious disease. Provides that a health care facility may restrict a visitor who does not pass its health screening requirement and require a visitor to adhere to infection control procedures. Provides that a health care facility may deny visitation under the Act if the situation demands. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Authorizes a skilled nursing home, extended care facility, or intermediate care facility to prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Requires such a denial to be in writing and provided to the individual and the resident or patient with whom the individual was denied visitation. Requires each skilled nursing home, extended care facility, and intermediate care facility to inform each resident of the nursing home or facility (or that individual's representative) of the resident's visitation rights and the facility's visitation-related policies and procedures. Specifies that these nursing homes and facilities must not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Requires the nursing homes and facilities to ensure that all visitors enjoy full and equal visitation privileges, consistent with the residents' preferences.

Amends the Technology Advancement and Development Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 700/1001 Adds reference to: 20 ILCS 505/21.6 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a child protective investigator is authorized to carry and use personal protection spray devices, such as mace, pepper mace, or pepper gas, for self-defense purposes while investigating a report of child abuse or neglect if the child protective investigator has been trained on the proper use of such personal protection spray devices by the Illinois State Police. Requires the Illinois State Police to establish a training program for child protective investigators on the proper use of personal protection spray devices for self-defense purposes. Requires the Department of Children and Family Services to provide funding for the training program. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a front-line staff member is authorized to carry and use personal protection spray devices, as defined, for self-defense purposes while investigating a report of child abuse or neglect if the front-line staff member has been trained on the proper use of such personal protection spray devices by the Department of Children and Family Services, in consultation with the Illinois State Police. Provides that by January 1, 2023, the Department, in consultation with the Illinois State Police, shall (i) identify a list of approved personal protection spray devices and (ii) jointly develop and approve a training curriculum and program for front-line staff members on the proper use of such personal protection spray devices for self-defense purposes. Requires the Department to provide funding for the training program. Sets forth specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: (i) reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; (ii) uses the device to incapacitate a person attempting a physical assault in order to avoid imminent physical harm and to facilitate escape from danger when there is no other alternative available to the front-line staff member; and (iii) except in exigent circumstances, has issued a verbal warning to persons in close proximity to the spray area. Provides that a front-line staff member's use of personal protection spray devices during the performance of his or her professional duties in any manner other than as expressly authorized under the amendatory Act shall be prohibited by Department policy. Provides that whenever a front-line staff member discharges a personal protection spray device, the front-line staff member shall complete an incident report. Provides that, following the discharge of a personal protection spray device that results in exposure, the front-line staff member shall notify his or her supervisor and, if appropriate, call 9-1-1 for emergency response or responders as soon as reasonably practical and when safe to do so. Requires the Department to annually report and publish on its website, beginning January 1, 2024, the number of front-line staff members trained to carry personal protection spray devices, the number of front-line staff members reporting personal protection spray devices and the make or model of the devices, and the number of reported uses of personal protection spray devices by service region. Provides that, in addition, the Department shall report each incident involving the deployment of a personal protection spray device that occurred during the preceding calendar year, including: (1) the estimated age, gender, and race of the intended target of the personal protection spray device; (2) whether there were injuries to the intended target resulting from the deployment of the personal protection spray device; (3) the age, gender, and race of the front-line staff member who utilized the personal protection spray device; and (4) whether there were injuries to the front-line staff member resulting from the incident. Requires the Department to also report yearly data on the number of personal protection spray device deployments found to be against Department policy. Effective immediately.

Amends the Higher Education Student Assistance Act. Changes definition of qualified applicant. Provides that a qualifying condition requires that the person applying must have received an honorable discharge after leaving federal active duty service (instead of received an honorable discharge after leaving each period of federal active duty service). Effective immediately. House Floor Amendment No. 1 Adds reference to: 110 ILCS 805/6-4 from Ch. 122, par. 106-4 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Amends the Public Community College Act. Provides that if a person is on active duty (instead of active military duty) or is entitled to veterans' education assistance (instead of is receiving veterans' education benefits), then the board of trustees of a community college district shall deem that person an in-district (instead of Illinois) resident for tuition purposes for any academic quarter, semester, or term, as applicable. Effective immediately.

Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for hormone therapy treatment to treat menopause that has been induced by a hysterectomy. Makes conforming changes in The State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Medical Assistance Article of the Illinois Public Aid Code. House Floor Amendment No. 1 Deletes reference to: 215 ILCS 130/4003 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2024 (rather than the effective date of the amendatory Act) shall provide coverage for medically necessary hormone therapy treatment to treat menopause that has been induced by a hysterectomy. Removes provisions amending the Limited Health Service Organization Act.

Amends the Foster Children's Bill of Rights Act. Expands the list of rights under the Foster Children's Bill of Rights to include: (i) the right to participate in a formal intake process immediately after placement in the custody or guardianship of the Department of Children and Family Services during which the youth will be instructed on inappropriate acts of affection, discipline, and punishment by guardians, foster parents, foster siblings, or any other adult responsible for the youth's welfare; (ii) the right to have access to intervention and counseling services within the first 24 hours after removal from the home in order to assess whether the youth is exhibiting signs of a post-traumatic stress disorder, special needs, or mental illness; (iii) the right to have monthly assessment visits with a staff member of the Department's Division of Child Protection to determine the youth's well-being and emotional health following placement, to determine the youth's relationship with his or her guardian or foster parent or with any other adult responsible for the youth's welfare, and to determine what forms of discipline, if any, the youth's guardian or foster parent or any other responsible adult uses to correct the youth; (iv) the right to be gradually transitioned out of foster care and not systematically aged out of State care; (v) the right to be enrolled in an independent living program prior to his or her transition out of foster care where the youth will receive phased in classes and instruction on independent living and self-sufficiency in the areas of employment, finances, meals, and housing as well as help in developing life skills and long-term goals; and (vi) the right to be assessed by a third-party entity or agency prior to enrollment in any independent living program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition to adulthood. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Foster Children's Bill of Rights Act. Expands the list of rights under the Foster Children's Bill of Rights to include the following: (1) The right to participate in an age and developmentally appropriate intake process immediately after placement in the custody or guardianship of the Department of Children and Family Services, during which, the Department shall: (i) provide the youth a document describing inappropriate acts of affection, discipline, and punishment by guardians, foster parents, foster siblings, or any other adult responsible for the youth's welfare; and (ii) review and discuss the document with the child. (2) The right to participate in appropriate intervention and counseling services after removal from the home of origin in order to assess whether the youth is exhibiting signs of traumatic stress, special needs, or mental illness. (3) The right to receive a home visit by an assigned child welfare specialist, per existing Department policies and procedures, on a monthly basis or more frequently as needed. (4) The right to be enrolled in an independent living services program prior to transitioning out of foster care where the youth shall receive classes and instruction, appropriate to the youth's age and developmental capacity, on independent living and self-sufficiency in the areas of employment, finances, meals, and housing as well as help in developing life skills and long-term goals. (5) The right to be assessed by a third-party entity or agency prior to enrollment in any independent living program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition to adulthood.

Amends the School Safety Drill Act. Provides that each year prior to the start of the school year, a school board shall file its threat assessment procedure and a list identifying the members of the school district's threat assessment team or regional behavior threat assessment and intervention team with (i) a local law enforcement agency and (ii) the regional office of education or, with respect to the Chicago school district, the State Board of Education. Effective immediately. House Floor Amendment No. 3 Adds reference to: 5 ILCS 140/7 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Freedom of Information Act. Exempts from disclosure any threat assessment procedure under the School Safety Drill Act and any information contained in the procedure from inspection and copying. Effective immediately.

Amends the Electric Vehicle Act and the Electric Vehicle Rebate Act. Deletes language providing that "electric vehicle" does not include electric motorcycles. Effective immediately. Senate Floor Amendment No. 1 Adds reference to: 415 ILCS 120/27 In provisions amending the Electric Vehicle Act and the Electric Vehicle Rebate Act, provides that "electric vehicle" does not include electric mopeds or electric off-highway vehicles. Further amends the Electric Vehicle Rebate Act. Provides that only electric vehicles that are not an electric motorcycle qualify for specified rebates. Provides that, beginning July 1, 2022, each person shall be eligible to apply for a $1,500 rebate for the purchase of an electric vehicle that is an electric motorcycle. Provides that purchasers applying for a rebate must continue to reside in Illinois (rather than a covered area) for a minimum of 12 consecutive months immediately after the vehicle purchase date. Provides that rebates administered under the provisions shall be available for both new and used electric vehicles (rather than for new and used passenger electric vehicles). House Floor Amendment No. 2 In the Electric Vehicle Rebate Act, provides that beginning July 1, 2028, each person shall be eligible to apply for a $1,500 (rather than $1,000) rebate for the purchase of an electric vehicle that is not an electric motorcycle.