Sen. Cristina H. Pacione-Zayas

Amends the Criminal Code of 2012. Provides that for purposes of the Sex Offenses Article of the Code, "unable to give knowing consent" also includes when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance. House Floor Amendment No. 1 Replaces the amendatory language of the bill. Provides that "unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance.

Amends the Code of Criminal Procedure of 1963. Creates the Commission on Children of Incarcerated Parents, within the Department of Human Services, which shall reflect the diversity of the State of Illinois, including geographic, racial, ethnic, and diversity of life experience. Provides that the Commission shall be responsible for implementing and coordinating the recommendations of the Task Force on Children of Incarcerated Parents. Provides for appointments to the Commission. Provides that once all its members have been appointed as provided in this Act, the Commission may exercise any power, perform any function, take any action, or do anything in furtherance of its purposes and goals. Provides that the Commission shall: (1) meet at least 4 times per year beginning within 30 days after the appointment of a quorum of its members; (2) identify resources, strategies, and legislative proposals to support the full administration and implementation of the Task Force on Children of Incarcerated Parents recommendations; (3) develop a strategic plan that outlines specific goals, information-gathering activities, benchmarks, and timelines towards achieving the purpose of the Commission to fully implement the recommendation of the Task Force on Children of Incarcerated Parents; and (4) deliver an annual report to the General Assembly and to the Governor to be posted on the Governor's and General Assembly's websites and provide to the public an annual report on its progress. Provides that a draft of the report shall be released for public comment and feedback and shall be solicited from relevant stakeholders, including individuals impacted by parental incarceration, law enforcement, and advocates from local governmental family services agencies and non-profit service providers. Provides that the General Assembly may appropriate funds to the Department of Human Services for the purpose of funding the work of the Commission or services provided under these provisions. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Eliminates the legislative members of the Commission. Replaces these members with: (1) one member from an organization that facilitates visitation between incarcerated parents and children; (2) one member who is a researcher or member of an academic profession and has studied issues related to the impact of incarceration on youth; (3) one member who represents an organization with expertise in gender-responsive practices and assessing the impact of incarceration on women; and (4) one male who has previously been incarcerated and has been directly impacted by policies relating to children of incarcerated parents. Makes grammatical corrections.

Amends the Illinois Vehicle Code. Provides that the Secretary of State, in issuing professional sports teams license plates, shall include the option to display the logo of the Chicago Sky or the Chicago Red Stars. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Provides that professional sports teams license plates shall include the option to display the logo of the Chicago Fire. Removes the logo of the St. Louis Rams as an option for a professional sports teams license plate.

Amends the Food Handling Regulation Enforcement Act. Provides that a food service establishment may not permit employees to use latex gloves in the preparation and handling of food. Provides that, to encourage compliance, a food service establishment shall receive a notification of warning for the first violation. House Floor Amendment No. 1 Deletes reference to: 410 ILCS 625/3.09 new Adds reference to: New Act Replaces everything after the enacting clause. Creates the Latex Glove Ban Act. Provides that, on and after January 1, 2023, a food service establishment may not permit employees to use latex gloves in the preparation and handling of food. Provides that, if latex gloves must be used in the preparation of food due to a crisis that interrupts a food service establishment's ability to source nonlatex gloves, a sign shall be prominently placed at the point of order or point of purchase clearly notifying the public of the temporary change. Provides that, to encourage compliance, the Department of Public Health shall send a notice of warning to a food service establishment for its first violation of specified provisions. Prohibits the use of latex gloves by (1) EMS personnel on and after January 1, 2023 and (2) health care facility personnel on and after January 1, 2024. Provides that, if a crisis exists that interrupts the ability to reliably source nonlatex gloves, EMS personnel and health care facility personnel may use latex gloves upon a patient, but shall prioritize, to the extent possible, using nonlatex gloves for the treatment of specified patients. Defines terms.

Amends the Sexual Assault Survivors Emergency Treatment Act. Changes the definition of "follow-up healthcare" to mean specified healthcare services within 180 (instead of 90) days of the initial visit for medical forensic services. Makes corresponding changes. Senate Floor Amendment No. 1 Adds reference to: 410 ILCS 70/2-1 410 ILCS 70/5-1 410 ILCS 70/7.5 410 ILCS 70/9.5 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that the Department of Public Health shall not approve sexual assault treatment plans for more than 6 federally qualified health centers, which must be located in geographically diverse areas of the State. Provides that specified requirements apply to approved federally qualified health centers. Includes additional information that must be posted on signage at each public entrance to an approved federally qualified health center if it is not open 24 hours a day, 7 days a week. Prohibits approved federally qualified health centers from billing sexual assault survivors directly for certain services. Provides that, notwithstanding any other provision of law, a sexual assault survivor who is not the subscriber or primary policyholder of the sexual assault survivor's insurance policy may opt out of billing the sexual assault survivor's private insurance provider. Provides that if the sexual assault survivor opts out of billing the sexual assault survivor's private insurance provider, then the bill for medical forensic services shall be sent to the Department of Healthcare and Family Services' Sexual Assault Emergency Treatment Program for reimbursement for the services provided to the sexual assault survivor. Adds a member to the Sexual Assault Medical Forensic Services Implementation Task Force. Requires the Task Force's report to the General Assembly to be submitted by January 1, 2024 (rather than January 1, 2023) and to include additional specified information. Provides that the provisions regarding the Task Force are repealed on January 1, 2025 (rather than January 1, 2024). House Committee Amendment No. 1 Adds reference to: 410 ILCS 70/7.5-1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Removes language requiring specified medical forensic services to be provided by a physician, physician assistant, or advanced practice registered nurse who has received specified training. Provides that, if a federally qualified health center's treatment plan is terminated, the federally qualified health center must submit to the Department for approval, before providing medical forensic services, a new treatment plan and a list of qualified medical providers to ensure coverage for the days and hours of operation. Provides that a federally qualified health center must employ a Sexual Assault Nurse Examiner Coordinator who is a qualified medical provider and a Medical Director who is a qualified medical provider. Provides that an approved federally qualified health center must report each instance that a sexual assault survivor is transferred to a treatment hospital, treatment hospital with approved pediatric transfer, or an approved pediatric health care facility to the Department within 24 hours of the transfer, in a form and manner prescribed by the Department, including the reason for the transfer. Provides that each approved federally qualified health center shall ensure that specified physicians, physician assistants, advanced practice registered nurses, and registered professional nurses receive specified sexual assault training and continuing education. Provides that sexual assault training provided under the provisions may be provided in person or online and shall include specified information. Provides that an approved federally qualified health center that has a memorandum of understanding with a rape crisis center must notify the rape crisis center immediately if medical forensic services are not available during the approved federally qualified health center's hours of operation or if the approved federally qualified health center's treatment plan is terminated by the Department. Provides that changes to specified provisions are effective immediately. Makes other changes.

Creates the Uniform Electronic Transactions Act. Provides that a contract, record, of signature may not be denied legal effect or enforceability simply because it is in electronic form or an electronic record was used in its formation. Provides that if a law requires a record to be in writing, an electronic record satisfies the law. Provides that if a law requires a signature, an electronic signature satisfies the law. Repeals the Electronic Commerce Security Act. Makes corresponding changes in various laws to conform cross references. Effective immediately. House Floor Amendment No. 1 Excludes the Office of the Secretary of State from the scope of the term "governmental agency". House Floor Amendment No. 2 Deletes reference to: 15 ILCS 405/14.01 Adds reference to: 15 ILCS 405/14.01 rep. Removes provisions changing the definition of "digital signature" in the State Comptroller Act and repeals that definition. Senate Floor Amendment No. 3 Deletes reference to: 5 ILCS 70/1.15 from Ch. 1, par. 1016 5 ILCS 140/7 from Ch. 116, par. 207 5 ILCS 175/Act rep. 5 ILCS 315/6 from Ch. 48, par. 1606 15 ILCS 405/14.01 rep. 20 ILCS 35/20 20 ILCS 2310/2310-600 50 ILCS 55/10 115 ILCS 5/11.1 205 ILCS 305/10.2 205 ILCS 305/19 from Ch. 17, par. 4420 205 ILCS 305/20 from Ch. 17, par. 4421 215 ILCS 5/143.34 215 ILCS 5/513a13 325 ILCS 57/5 720 ILCS 5/17-3 from Ch. 38, par. 17-3 755 ILCS 35/5 from Ch. 110 1/2, par. 705 755 ILCS 35/9 from Ch. 110 1/2, par. 709 755 ILCS 40/70 755 ILCS 43/20 755 ILCS 43/50 755 ILCS 45/4-6 from Ch. 110 1/2, par. 804-6 755 ILCS 45/4-10 from Ch. 110 1/2, par. 804-10 805 ILCS 180/1-6 Replaces everything after the enacting clause. Creates the Fair Food and Retail Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the digital network, without first obtaining written consent from the merchant. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Provides that a merchant whose likeness is used, or pickup or delivery is arranged through a third-party delivery service in violation of the Act, may bring an action in the circuit court in the county in which the merchant conducts business to recover actual damages or up to $5,000, whichever is greater. Provides that the court may, in its discretion, award punitive damages and other equitable relief it deems appropriate. Defines terms.

Amends the Health Care Worker Background Check Act. Provides that individuals acting as an allied health professional shall be included on the Health Care Worker Registry. Provides that the Health Care Worker Registry shall include the individual's name, current address, and Social Security number or federal taxpayer identification number (rather than Social Security number only), the date and location of the training course completed by the individual, whether the individual has any disqualifying convictions from the date of the training course completed by the individual, and the date of the individual's last criminal records check. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following change. Removes the provision that provides that allied health professionals shall be included on the Health Care Worker Registry.

Creates the Task Force on Missing and Murdered Chicago Women Act. Creates the Task Force on Missing and Murdered Chicago Women. Provides for the composition of the Task Force and its appointment and meetings. Provides that the Task Force must examine and report on the following: (1) the systemic causes behind violence that Chicago women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against Chicago women and girls, including underlying historical, social, economic, institutional, and cultural factors that may contribute to the violence; (2) appropriate methods for tracking and collecting data on violence against Chicago women and girls, including data on missing and murdered Chicago women and girls; (3) policies and institutions such as policing, child welfare, medical examiner practices, and other governmental practices that impact violence against Chicago women and girls and the investigation and prosecution of crimes of gender-related violence against Chicago residents; (4) measures necessary to address and reduce violence against Chicago women and girls; and (5) measures to help victims, victims' families, and victims' communities prevent and heal from violence that occurs against Chicago women and girls. Provides that the Task Force shall report annually to the General Assembly and the Governor on the work of the Task Force. House Floor Amendment No. 1 Provides that the Executive Director of the Illinois Criminal Justice Information Authority or the Executive Director's designee, in consultation with the Director of the Illinois State Police and Chicago Police Superintendent, shall appoint the non-legislative members to the Task Force. Provides that the Illinois Criminal Justice Information Authority (rather than the Illinois State Police) shall provide meeting space and assistance as necessary for the Task Force to conduct its work. Provides that the chair of the Task Force may call electronic meetings of the Task Force. Provides that a member of the Task Force participating electronically shall be deemed present for purposes of establishing a quorum and voting. Senate Committee Amendment No. 1 Changes from December 31, 2021 to December 31, 2024 the date by which the Task Force must initially report its work to the Governor and General Assembly.

Amends the Military Code of Illinois. Provides that when any Illinois resident dies while on State Active Duty, the Adjutant General, the Assistant Adjutant General for Army, or the Assistant Adjutant General for Air shall present one State flag of Illinois to the next of kin of the deceased who receives the United States burial flag, or that person's designee, as soon as is practicable. Senate Committee Amendment No. 1 Provides that a representative designated by the Adjutant General, in addition to the Adjutant General, the Assistant Adjutant General for Army, or the Assistant Adjutant General for Air, may (instead of shall) present one State flag of Illinois to the next of kin of a deceased member of the Illinois National Guard or a deceased resident of Illinois who receives the United States burial flag.

Amends the School Code. Adds a provision that any parent who is deaf, or does not normally communicate using spoken English, who participates in a meeting with a representative of a local educational agency for the purposes of developing an individualized educational program, or attends a multidisciplinary conference, a 504 mediation session, or a due process hearing (instead of just a meeting with a representative of a local educational agency for the purposes of developing an individualized educational program) shall be entitled to the services of an interpreter. Requires the State Board of Education to adopt rules to implement the provisions. Effective immediately. House Committee Amendment No. 1 Replaces references to a 504 mediation session with references to a 504 meeting and a mediation session for when a parent is entitled to the services of an interpreter. Senate Floor Amendment No. 1 Adds reference to: 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/14-8.02a Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: In provisions concerning notification of services under Section 504 of the federal Rehabilitation Act of 1973, provides that the notice shall also state that any parent who is deaf or does not typically communicate using spoken English and who participates in a Section 504 meeting with a representative of a local educational agency shall be entitled to the services of an interpreter. Removes the amendatory language that provides that those who attend a 504 meeting, a mediation session, or a due process hearing shall be entitled to the services of an interpreter. Provides that at all stages of an impartial due process hearing or mediation, the hearing officer or mediator shall require that interpreters licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 be made available by the school district for persons who are deaf or qualified interpreters be made available by the school district for persons whose normally spoken language is other than English (rather than providing that at all stages of an impartial due process hearing, the hearing officer shall require that interpreters be made available by the school district for persons who are deaf or for persons whose normally spoken language is other than English). Effective immediately.