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.
Sponsored bills
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 Adult Protective Services Act. Provides that when conducting any investigation concerning a report of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult, the Department on Aging shall contact as many of the eligible adult's family members, neighbors, and friends as reasonably possible under the circumstances. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Adult Protective Services Act. In a provision concerning face-to-face assessments conducted by a provider agency designated to receive reports of alleged or suspected abuse, neglect, financial exploitation, or self-neglect under the Act, provides that the assessments shall (rather than may) include interviews or consultations regarding the allegations with service agencies, immediate family members, and individuals (rather than with service agencies or individuals) who may have knowledge of the eligible adult's circumstances based on the consent of the eligible adult in all instances, except where the provider agency is acting in the best interest of an eligible adult who is unable to seek assistance for himself or herself and where there are allegations against a caregiver who has assumed responsibilities in exchange for compensation.
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to ensure that those who draw blood from children and adults with intellectual and developmental disabilities are trained, at least once every 3 years, in the most current method of drawing blood from children and adults with developmental and intellectual disabilities. Provides that the training shall focus on drawing blood in a safe manner that is as comfortable as possible. Requires the Department to ensure that those facilities and providers review their training program at least once within each 3-year period to ensure that the training includes the most current methods available of drawing blood from children and adults with intellectual and developmental disabilities that is safe and comfortable for them and their families. Requires the Department to ensure that by July 1, 2020 all medical facilities are equipped to draw blood from children and adults with intellectual and developmental disabilities using finger-prick equipment, hemoglobin testing equipment, and all other related equipment that can be adapted to serve patients with intellectual and developmental disabilities. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall develop and make available training materials that ensure that all phlebotomists are trained in the most current methods of drawing blood from children and adults with intellectual and developmental disabilities. Provides that the materials shall conform to the best available practices used for drawing blood in a safe manner that is as comfortable as possible for the individual from whom blood is drawn and for the families, guardians, caretakers, or companions of the individual accompanying him or her while blood is drawn. Provides that the Department shall review the materials every 3 years to ensure that they conform with the best available practices. Provides that the Department shall ensure that health care providers and laboratories that employ a phlebotomist incorporate the training as part of a phlebotomist's initial employment training and as part of any ongoing training to maintain competencies and certifications as a phlebotomist. Defines "phlebotomist". House Floor Amendment No. 1 Removes language requiring the Department to develop training materials. House Floor Amendment No. 2 Defines "phlebotomist" as a person specifically trained to draw blood for diagnostic purposes in a health care setting (rather than a person who is certified to draw blood for diagnostic testing, transfusion, research, or blood donation). Exempts nonprofit blood banks or the affiliated laboratories of nonprofit blood banks from the provisions.
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 Illinois Public Aid Code. Makes technical changes to specify in provisions concerning provisional eligibility for long-term care services that: (i) the Department of Healthcare and Family Services must maintain the applicant's provisional Medicaid enrollment status until a final eligibility determination is approved or the applicant's appeal has been adjudicated and eligibility is denied; (ii) the Department of Healthcare and Family Services or the managed care organization, if applicable, must reimburse providers for services rendered during an applicant's provisional eligibility period; (iii) the Department of Healthcare and Family Services must submit payment vouchers for all retroactive reimbursement due to the Office of the Comptroller within 10 business days of issuing provisional eligibility to an applicant; and (iv) the Department of Healthcare and Family Services must adopt rules. House Floor Amendment No. 1 Adds reference to: 30 ILCS 772/25 new Amends the Equity in Long-term Care Quality Act. Provides that the Department of Public Health shall establish a nursing home labor force promotion, expansion, and retention program no later than January 1, 2020 using moneys appropriated from the Equity in Long-term Care Quality Fund. Provides for the components of the program. Provides that the Department shall establish partnerships with one or more community colleges or universities to execute the program. Provides for scholarship distribution and preferences. Provides that the Department shall report to the General Assembly no later than January 30, 2020 on the status of the establishment of the program. Provides that no later than January 1, 2021, and each January 1 thereafter, the Department shall report to the General Assembly the number of scholarships awarded during the preceding year and the demographics of the awardees. Makes the amendatory Act effective immediately. House Floor Amendment No. 2 Adds reference to: 30 ILCS 772/25 new Amends the Equity in Long-term Care Quality Act. Provides that the Department of Public Health, contingent upon approval by the Centers for Medicare and Medicaid Services, shall establish a nursing home labor force promotion, expansion, and retention program no later than January 1, 2020 using moneys appropriated from the Equity in Long-term Care Quality Fund. Provides for the components of the program. Provides that the Department shall establish partnerships with one or more community colleges or universities to execute the program. Provides for scholarship distribution and preferences. Provides that the Department shall report to the General Assembly no later than January 30, 2020 on the status of the establishment of the program. Provides that no later than January 1, 2021, and each January 1 thereafter, the Department shall report to the General Assembly the number of scholarships awarded during the preceding year and the demographics of the awardees. Makes the amendatory Act effective immediately.
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.
Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Senate Committee Amendment No. 1 Adds an effective date of July 1, 2020.
Creates the Asian American Family Commission Act. Creates the Asian American Family Commission. Provides for the appointment of members to the Commission and terms of membership. Provides that members shall serve without compensation, but shall be reimbursed for Commission-related expenses. Provides for the appointment of liaisons from specified State agencies to serve as ex officio members of the Commission. Provides that the Office of the Governor, in cooperation with the State agencies appointing liaisons to the Commission, shall provide administrative support to the Commission. Provides for funding to the Commission. Requires the Commission to annually report to the Governor and the General Assembly.