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| |  |  | SB3792 Enrolled |  | LRB102 25808 CMG 35148 b | 
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| 1 |  |  AN ACT concerning education.
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| 2 |  |  Be it enacted by the People of the State of Illinois,
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| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 5. The Children and Family Services Act is amended  | 
| 5 |  | by changing Sections 8 and 35.10 as follows:
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| 6 |  |  (20 ILCS 505/8) (from Ch. 23, par. 5008)
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| 7 |  |  Sec. 8. Scholarships and fee waivers; tuition waiver.  | 
| 8 |  |  (a) Each year the Department shall select a minimum of 53  | 
| 9 |  | students (at least 4 of whom shall be children of veterans) to  | 
| 10 |  | receive scholarships and fee waivers which will enable them to  | 
| 11 |  | attend and complete their post-secondary education at a  | 
| 12 |  | community college, university, or college. Youth shall be  | 
| 13 |  | selected from among the youth for whom the Department has  | 
| 14 |  | court-ordered legal responsibility, youth who aged out of care  | 
| 15 |  | at age 18 or older, or youth formerly under care
who have been  | 
| 16 |  | adopted or who have been placed in private guardianship.  | 
| 17 |  | Recipients must have earned a high school diploma from an  | 
| 18 |  | accredited institution or a State of Illinois High School  | 
| 19 |  | Diploma high school equivalency certificate or diploma or have  | 
| 20 |  | met the State criteria for high school graduation before the  | 
| 21 |  | start of the school year for which they are applying for the  | 
| 22 |  | scholarship and waiver. Scholarships and fee waivers shall be  | 
| 23 |  | available to students for at least 5 years, provided they are  | 
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| 1 |  | continuing to work toward graduation. Unused scholarship  | 
| 2 |  | dollars and fee waivers shall be reallocated to new  | 
| 3 |  | recipients. No later than January 1, 2015, the Department  | 
| 4 |  | shall promulgate rules identifying the criteria for  | 
| 5 |  | "continuing to work toward graduation" and for reallocating  | 
| 6 |  | unused scholarships and fee waivers. Selection shall be made  | 
| 7 |  | on the
basis of several factors, including, but not limited  | 
| 8 |  | to, scholastic record, aptitude, and general interest in  | 
| 9 |  | higher
education. The selection committee shall include at  | 
| 10 |  | least 2 individuals formerly under the care of the Department  | 
| 11 |  | who have completed their post-secondary education. In  | 
| 12 |  | accordance with this Act, tuition scholarships and fee waivers
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| 13 |  | shall be available to such students at any university or  | 
| 14 |  | college maintained by
the State of Illinois. The Department  | 
| 15 |  | shall provide maintenance and school
expenses, except tuition  | 
| 16 |  | and fees, during the academic years to supplement
the  | 
| 17 |  | students' earnings or other resources so long as they  | 
| 18 |  | consistently
maintain scholastic records which are acceptable  | 
| 19 |  | to their schools and to
the Department. Students may attend  | 
| 20 |  | other colleges and universities, if
scholarships are awarded  | 
| 21 |  | them, and receive the same benefits for maintenance
and other  | 
| 22 |  | expenses as those students attending any Illinois State  | 
| 23 |  | community
college, university, or college under this Section.  | 
| 24 |  | Beginning with recipients receiving scholarships and waivers  | 
| 25 |  | in August 2014, the Department shall collect data and report  | 
| 26 |  | annually to the General Assembly on measures of success,  | 
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| 1 |  | including (i) the number of youth applying for and receiving  | 
| 2 |  | scholarships or waivers, (ii) the percentage of scholarship or  | 
| 3 |  | waiver recipients who complete their college or university  | 
| 4 |  | degree within 5 years, (iii) the average length of time it  | 
| 5 |  | takes for scholarship or waiver recipients to complete their  | 
| 6 |  | college or university degree, (iv) the reasons that  | 
| 7 |  | scholarship or waiver recipients are discharged or fail to  | 
| 8 |  | complete their college or university degree, (v) when  | 
| 9 |  | available, youths' outcomes 5 years and 10 years after being  | 
| 10 |  | awarded the scholarships or waivers, and (vi) budget  | 
| 11 |  | allocations for maintenance and school expenses incurred by  | 
| 12 |  | the Department. 
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| 13 |  |  (b) Youth shall receive a tuition and fee waiver to assist  | 
| 14 |  | them in attending and completing their post-secondary  | 
| 15 |  | education at any community college, university, or college  | 
| 16 |  | maintained by the State of Illinois if they are youth for whom  | 
| 17 |  | the Department has court-ordered legal responsibility, youth  | 
| 18 |  | who aged out of care at age 18 or older, or youth formerly  | 
| 19 |  | under care who have been adopted and were the subject of an  | 
| 20 |  | adoption assistance agreement or who have been placed in  | 
| 21 |  | private guardianship and were the subject of a subsidized  | 
| 22 |  | guardianship agreement.  | 
| 23 |  |  To receive a waiver under this subsection, an applicant  | 
| 24 |  | must:  | 
| 25 |  |   (1) have earned a high school diploma from an
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| 26 |  | accredited institution or a State of Illinois High School  | 
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| 1 |  | Diploma high school equivalency
certificate or have met  | 
| 2 |  | the State criteria for high school
graduation before the  | 
| 3 |  | start of the school year for which the applicant is  | 
| 4 |  | applying for the waiver; | 
| 5 |  |   (2) enroll in a
qualifying post-secondary education  | 
| 6 |  | before the applicant reaches the age
of 26; and | 
| 7 |  |   (3) apply for federal and State grant assistance by  | 
| 8 |  | completing the Free Application for Federal Student Aid.  | 
| 9 |  |  The community college or public university
that an  | 
| 10 |  | applicant attends must waive any tuition and fee amounts that  | 
| 11 |  | exceed the amounts paid to the applicant under the federal  | 
| 12 |  | Pell Grant Program or the State's Monetary Award Program.  | 
| 13 |  |  Tuition and fee waivers shall be available to a student  | 
| 14 |  | for at least the first 5 years the student is enrolled in a  | 
| 15 |  | community college, university, or college maintained by the  | 
| 16 |  | State of Illinois so long as the student makes satisfactory  | 
| 17 |  | progress toward completing his or her degree. The age  | 
| 18 |  | requirement and 5-year cap on tuition and fee waivers under  | 
| 19 |  | this subsection shall be waived and eligibility for tuition  | 
| 20 |  | and fee waivers shall be extended for any applicant or student  | 
| 21 |  | who the Department determines was unable to enroll in a  | 
| 22 |  | qualifying post-secondary school or complete an academic term  | 
| 23 |  | because the applicant or student: (i) was called into active  | 
| 24 |  | duty with the United States Armed Forces; (ii) was deployed  | 
| 25 |  | for service in the United States Public Health Service  | 
| 26 |  | Commissioned Corps; or (iii) volunteered in the Peace Corps or  | 
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| 1 |  | the AmeriCorps. The Department shall extend eligibility for a  | 
| 2 |  | qualifying applicant or student by the total number of months  | 
| 3 |  | or years during which the applicant or student served on  | 
| 4 |  | active duty with the United States Armed Forces, was deployed  | 
| 5 |  | for service in the United States Public Health Service  | 
| 6 |  | Commissioned Corps, or volunteered in the Peace Corps or the  | 
| 7 |  | AmeriCorps. The number of months an applicant or student  | 
| 8 |  | served on active duty with the United States Armed Forces  | 
| 9 |  | shall be rounded up to the next higher year to determine the  | 
| 10 |  | maximum length of time to extend eligibility for the applicant  | 
| 11 |  | or student. | 
| 12 |  |  The Department may provide the student with a stipend to  | 
| 13 |  | cover maintenance and school expenses, except tuition and  | 
| 14 |  | fees, during the academic years to supplement the student's  | 
| 15 |  | earnings or other resources so long as the student  | 
| 16 |  | consistently maintains scholastic records which are acceptable  | 
| 17 |  | to the student's school and to the Department.  | 
| 18 |  |  The Department shall develop outreach programs to ensure  | 
| 19 |  | that youths who qualify for the tuition and fee waivers under  | 
| 20 |  | this subsection who are high school students in grades 9  | 
| 21 |  | through 12 or who are enrolled in a high school equivalency  | 
| 22 |  | testing program are aware of the availability of the tuition  | 
| 23 |  | and fee waivers.  | 
| 24 |  |  (c) Subject to appropriation, the Department shall provide  | 
| 25 |  | eligible youth an apprenticeship stipend to cover those costs  | 
| 26 |  | associated with entering and sustaining through completion an  | 
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| 1 |  | apprenticeship, including, but not limited to fees, tuition  | 
| 2 |  | for classes, work clothes, rain gear, boots, and  | 
| 3 |  | occupation-specific tools. The following youth may be eligible  | 
| 4 |  | for the apprenticeship stipend provided under this subsection:  | 
| 5 |  | youth for whom the Department has court-ordered legal  | 
| 6 |  | responsibility; youth who aged out of care at age 18 or older;  | 
| 7 |  | or youth formerly under care who have been adopted and were the  | 
| 8 |  | subject of an adoption assistance agreement or who have been  | 
| 9 |  | placed in private guardianship and were the subject of a  | 
| 10 |  | subsidized guardianship agreement.  | 
| 11 |  |  To receive a stipend under this subsection, an applicant  | 
| 12 |  | must:  | 
| 13 |  |   (1) be enrolled in an apprenticeship training program  | 
| 14 |  | approved or recognized by the Illinois Department of  | 
| 15 |  | Employment Security or an apprenticeship program approved  | 
| 16 |  | by the United States Department of Labor;  | 
| 17 |  |   (2) not be a recipient of a scholarship or fee waiver  | 
| 18 |  | under subsection (a) or (b); and  | 
| 19 |  |   (3) be under the age of 26 before enrolling in a  | 
| 20 |  | qualified apprenticeship program.  | 
| 21 |  |  Apprenticeship stipends shall be available to an eligible  | 
| 22 |  | youth for a maximum of 5 years after the youth enrolls in a  | 
| 23 |  | qualifying apprenticeship program so long as the youth makes  | 
| 24 |  | satisfactory progress toward completing his or her  | 
| 25 |  | apprenticeship. The age requirement and 5-year cap on the  | 
| 26 |  | apprenticeship stipend provided under this subsection shall be  | 
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| 1 |  | extended for any applicant who the Department determines was  | 
| 2 |  | unable to enroll in a qualifying apprenticeship program  | 
| 3 |  | because the applicant: (i) was called into active duty with  | 
| 4 |  | the United States Armed Forces; (ii) was deployed for service  | 
| 5 |  | in the United States Public Health Service Commissioned Corps;  | 
| 6 |  | or (iii) volunteered in the Peace Corps or the AmeriCorps. The  | 
| 7 |  | Department shall extend eligibility for a qualifying applicant  | 
| 8 |  | by the total number of months or years during which the  | 
| 9 |  | applicant served on active duty with the United States Armed  | 
| 10 |  | Forces, was deployed for service in the United States Public  | 
| 11 |  | Health Service Commissioned Corps, or volunteered in the Peace  | 
| 12 |  | Corps or the AmeriCorps. The number of months an applicant  | 
| 13 |  | served on active duty with the United States Armed Forces  | 
| 14 |  | shall be rounded up to the next higher year to determine the  | 
| 15 |  | maximum length of time to extend eligibility for the  | 
| 16 |  | applicant.  | 
| 17 |  |  The Department shall develop outreach programs to ensure  | 
| 18 |  | that youths who qualify for the apprenticeship stipends under  | 
| 19 |  | this subsection who are high school students in grades 9  | 
| 20 |  | through 12 or who are enrolled in a high school equivalency  | 
| 21 |  | testing program are aware of the availability of the  | 
| 22 |  | apprenticeship stipend.  | 
| 23 |  | (Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20.)
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| 24 |  |  (20 ILCS 505/35.10) | 
| 25 |  |  Sec. 35.10. Documents necessary for adult living. The  | 
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| 1 |  | Department shall assist a youth in care in identifying and  | 
| 2 |  | obtaining documents necessary to function as an independent  | 
| 3 |  | adult prior to the closure of the youth's case to terminate  | 
| 4 |  | wardship as provided in Section 2-31 of the Juvenile Court Act  | 
| 5 |  | of 1987. These necessary documents shall include, but not be  | 
| 6 |  | limited to, any of the following: | 
| 7 |  |   (1) State identification card or driver's license. | 
| 8 |  |   (2) Social Security card. | 
| 9 |  |   (3) Medical records, including, but not limited to,  | 
| 10 |  | health passport, dental records, immunization records,  | 
| 11 |  | name and contact information for all current medical,  | 
| 12 |  | dental, and mental health providers, and a signed  | 
| 13 |  | certification that the Department provided the youth with  | 
| 14 |  | education on executing a healthcare power of attorney. | 
| 15 |  |   (4) Medicaid card or other health eligibility  | 
| 16 |  | documentation. | 
| 17 |  |   (5) Certified copy of birth certificate. | 
| 18 |  |   (6) Any applicable religious documents. | 
| 19 |  |   (7) Voter registration card. | 
| 20 |  |   (8) Immigration, citizenship, or naturalization  | 
| 21 |  | documentation, if applicable. | 
| 22 |  |   (9) Death certificates of parents, if applicable. | 
| 23 |  |   (10) Life book or compilation of personal history and  | 
| 24 |  | photographs. | 
| 25 |  |   (11) List of known relatives with relationships,  | 
| 26 |  | addresses, telephone numbers, and other contact  | 
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| 1 |  | information, with the permission of the involved relative. | 
| 2 |  |   (12) Resume. | 
| 3 |  |   (13) Educational records, including list of schools  | 
| 4 |  | attended, and transcript, high school diploma, or State of  | 
| 5 |  | Illinois High School Diploma high school equivalency  | 
| 6 |  | certificate. | 
| 7 |  |   (14) List of placements while in care. | 
| 8 |  |   (15) List of community resources with referral  | 
| 9 |  | information, including the Midwest Adoption Center for  | 
| 10 |  | search and reunion services for former youth in care,  | 
| 11 |  | whether or not they were adopted, and the Illinois Chapter  | 
| 12 |  | of Foster Care Alumni of America. | 
| 13 |  |   (16) All documents necessary to complete a Free  | 
| 14 |  | Application for Federal Student Aid form, if applicable,  | 
| 15 |  | or an application for State financial aid.  | 
| 16 |  | If a court determines that a youth in care no longer requires  | 
| 17 |  | wardship of the court and orders the wardship terminated and  | 
| 18 |  | all proceedings under the Juvenile Court Act of 1987  | 
| 19 |  | respecting the youth in care finally closed and discharged,  | 
| 20 |  | the Department shall ensure that the youth in care receives a  | 
| 21 |  | copy of the court's order. 
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| 22 |  | (Source: P.A. 102-70, eff. 1-1-22.) | 
| 23 |  |  Section 10. The Illinois Youthbuild Act is amended by  | 
| 24 |  | changing Section 25 as follows:
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| 1 |  |  (20 ILCS 1315/25)
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| 2 |  |  Sec. 25. Eligible participants. Eligible participants are  | 
| 3 |  | youth
16 to 24 years old who are economically disadvantaged as  | 
| 4 |  | defined in United
States Code, Title 29, Section 1503, and who  | 
| 5 |  | are part of one of the following
groups:
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| 6 |  |   (a) Persons who are not attending any school and have  | 
| 7 |  | not received a
secondary school diploma or its equivalent.
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| 8 |  |   (b) Persons currently enrolled in a traditional or  | 
| 9 |  | alternative school
setting or a high school equivalency  | 
| 10 |  | testing program and who are in danger of dropping out of  | 
| 11 |  | school.
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| 12 |  |   (c) A member of a low-income family, a youth in foster  | 
| 13 |  | care (including a youth aging-out of foster care), a youth  | 
| 14 |  | offender, a youth with a disability, a child of  | 
| 15 |  | incarcerated parents, or a migrant youth.
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| 16 |  |  Not more than 25% of the participants in the program may be
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| 17 |  | individuals who do not meet the requirements of subsections  | 
| 18 |  | (a) or (b),
but who are deficient in basic skills despite  | 
| 19 |  | having attained a secondary school diploma, State of Illinois  | 
| 20 |  | High School Diploma high school equivalency certificate, or  | 
| 21 |  | other State-recognized equivalent, or who have been referred  | 
| 22 |  | by a local secondary school for participation in a Youthbuild  | 
| 23 |  | program leading to the attainment of a secondary school  | 
| 24 |  | diploma.
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| 25 |  | (Source: P.A. 98-718, eff. 1-1-15.)
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| 1 |  |  Section 15. The Mental Health and Developmental  | 
| 2 |  | Disabilities Administrative Act is amended by changing Section  | 
| 3 |  | 15.4 as follows:
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| 4 |  |  (20 ILCS 1705/15.4)
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| 5 |  |  Sec. 15.4. Authorization for nursing delegation to permit  | 
| 6 |  | direct care
staff to
administer medications. | 
| 7 |  |  (a) This Section applies to (i) all residential programs  | 
| 8 |  | for persons
with a
developmental disability in settings of 16  | 
| 9 |  | persons or fewer that are funded or
licensed by the Department  | 
| 10 |  | of Human
Services and that distribute or administer  | 
| 11 |  | medications, (ii) all
intermediate care
facilities for persons  | 
| 12 |  | with developmental disabilities with 16 beds or fewer that are
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| 13 |  | licensed by the
Department of Public Health, and (iii) all day  | 
| 14 |  | programs certified to serve persons with developmental  | 
| 15 |  | disabilities by the Department of Human Services. The  | 
| 16 |  | Department of Human Services shall develop a
training program  | 
| 17 |  | for authorized direct care staff to administer
medications  | 
| 18 |  | under the
supervision and monitoring of a registered  | 
| 19 |  | professional nurse.
The training program for authorized direct  | 
| 20 |  | care staff shall include educational and oversight components  | 
| 21 |  | for staff who work in day programs that are similar to those  | 
| 22 |  | for staff who work in residential programs. This training  | 
| 23 |  | program shall be developed in consultation with professional
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| 24 |  | associations representing (i) physicians licensed to practice  | 
| 25 |  | medicine in all
its branches, (ii) registered professional  | 
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| 1 |  | nurses, and (iii) pharmacists.
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| 2 |  |  (b) For the purposes of this Section:
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| 3 |  |  "Authorized direct care staff" means non-licensed persons  | 
| 4 |  | who have
successfully completed a medication administration  | 
| 5 |  | training program
approved by the Department of Human Services  | 
| 6 |  | and conducted by a nurse-trainer.
This authorization is  | 
| 7 |  | specific to an individual receiving service in
a
specific  | 
| 8 |  | agency and does not transfer to another agency.
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| 9 |  |  "Medications" means oral and topical medications, insulin  | 
| 10 |  | in an injectable form, oxygen, epinephrine auto-injectors, and  | 
| 11 |  | vaginal and rectal creams and suppositories. "Oral" includes  | 
| 12 |  | inhalants and medications administered through enteral tubes,  | 
| 13 |  | utilizing aseptic technique. "Topical" includes eye, ear, and  | 
| 14 |  | nasal medications. Any controlled substances must be packaged  | 
| 15 |  | specifically for an identified individual. | 
| 16 |  |  "Insulin in an injectable form" means a subcutaneous  | 
| 17 |  | injection via an insulin pen pre-filled by the manufacturer.  | 
| 18 |  | Authorized direct care staff may administer insulin, as  | 
| 19 |  | ordered by a physician, advanced practice registered nurse, or  | 
| 20 |  | physician assistant, if: (i) the staff has successfully  | 
| 21 |  | completed a Department-approved advanced training program  | 
| 22 |  | specific to insulin administration developed in consultation  | 
| 23 |  | with professional associations listed in subsection (a) of  | 
| 24 |  | this Section, and (ii) the staff consults with the registered  | 
| 25 |  | nurse, prior to administration, of any insulin dose that is  | 
| 26 |  | determined based on a blood glucose test result. The  | 
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| 1 |  | authorized direct care staff shall not: (i) calculate the  | 
| 2 |  | insulin dosage needed when the dose is dependent upon a blood  | 
| 3 |  | glucose test result, or (ii) administer insulin to individuals  | 
| 4 |  | who require blood glucose monitoring greater than 3 times  | 
| 5 |  | daily, unless directed to do so by the registered nurse.  | 
| 6 |  |  "Nurse-trainer training program" means a standardized,  | 
| 7 |  | competency-based
medication administration train-the-trainer  | 
| 8 |  | program provided by the
Department of Human Services and  | 
| 9 |  | conducted by a Department of Human
Services master  | 
| 10 |  | nurse-trainer for the purpose of training nurse-trainers to
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| 11 |  | train persons employed or under contract to provide direct  | 
| 12 |  | care or
treatment to individuals receiving services to  | 
| 13 |  | administer
medications and provide self-administration of  | 
| 14 |  | medication training to
individuals under the supervision and  | 
| 15 |  | monitoring of the nurse-trainer. The
program incorporates  | 
| 16 |  | adult learning styles, teaching strategies, classroom
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| 17 |  | management, and a curriculum overview, including the ethical  | 
| 18 |  | and legal
aspects of supervising those administering  | 
| 19 |  | medications.
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| 20 |  |  "Self-administration of medications" means an individual  | 
| 21 |  | administers
his or her own medications. To be considered  | 
| 22 |  | capable to self-administer
their own medication, individuals  | 
| 23 |  | must, at a minimum, be able to identify
their medication by  | 
| 24 |  | size, shape, or color, know when they should take
the  | 
| 25 |  | medication, and know the amount of medication to be taken each  | 
| 26 |  | time.
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| 1 |  |  "Training program" means a standardized medication  | 
| 2 |  | administration
training program approved by the Department of  | 
| 3 |  | Human Services and
conducted by a registered professional  | 
| 4 |  | nurse for the purpose of training
persons employed or under  | 
| 5 |  | contract to provide direct care or treatment to
individuals  | 
| 6 |  | receiving services to administer medications
and provide  | 
| 7 |  | self-administration of medication training to individuals  | 
| 8 |  | under
the delegation and supervision of a nurse-trainer. The  | 
| 9 |  | program incorporates
adult learning styles, teaching  | 
| 10 |  | strategies, classroom management,
curriculum overview,  | 
| 11 |  | including ethical-legal aspects, and standardized
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| 12 |  | competency-based evaluations on administration of medications  | 
| 13 |  | and
self-administration of medication training programs.
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| 14 |  |  (c) Training and authorization of non-licensed direct care  | 
| 15 |  | staff by
nurse-trainers must meet the requirements of this  | 
| 16 |  | subsection.
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| 17 |  |   (1) Prior to training non-licensed direct care staff  | 
| 18 |  | to administer
medication, the nurse-trainer shall perform  | 
| 19 |  | the following for each
individual to whom medication will  | 
| 20 |  | be administered by non-licensed
direct care staff:
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| 21 |  |    (A) An assessment of the individual's health  | 
| 22 |  | history and
physical and mental status.
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| 23 |  |    (B) An evaluation of the medications prescribed.
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| 24 |  |   (2) Non-licensed authorized direct care staff shall  | 
| 25 |  | meet the
following criteria:
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| 26 |  |    (A) Be 18 years of age or older.
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| 1 |  |    (B) Have completed high school or have a State of  | 
| 2 |  | Illinois High School Diploma high school equivalency  | 
| 3 |  | certificate.
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| 4 |  |    (C) Have demonstrated functional literacy.
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| 5 |  |    (D) Have satisfactorily completed the Health and  | 
| 6 |  | Safety
component of a Department of Human Services  | 
| 7 |  | authorized
direct care staff training program.
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| 8 |  |    (E) Have successfully completed the training  | 
| 9 |  | program,
pass the written portion of the comprehensive  | 
| 10 |  | exam, and score
100% on the competency-based  | 
| 11 |  | assessment specific to the
individual and his or her  | 
| 12 |  | medications.
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| 13 |  |    (F) Have received additional competency-based  | 
| 14 |  | assessment
by the nurse-trainer as deemed necessary by  | 
| 15 |  | the nurse-trainer
whenever a change of medication  | 
| 16 |  | occurs or a new individual
that requires medication  | 
| 17 |  | administration enters the program.
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| 18 |  |   (3) Authorized direct care staff shall be re-evaluated  | 
| 19 |  | by a
nurse-trainer at least annually or more frequently at  | 
| 20 |  | the discretion of
the registered professional nurse. Any  | 
| 21 |  | necessary retraining shall be
to the extent that is  | 
| 22 |  | necessary to ensure competency of the authorized
direct  | 
| 23 |  | care staff to administer medication.
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| 24 |  |   (4) Authorization of direct care staff to administer  | 
| 25 |  | medication
shall be revoked if, in the opinion of the  | 
| 26 |  | registered professional nurse,
the authorized direct care  | 
|     | 
| |  |  | SB3792 Enrolled | - 16 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | staff is no longer competent to administer
medication.
 | 
| 2 |  |   (5) The registered professional nurse shall assess an
 | 
| 3 |  | individual's health status at least annually or more  | 
| 4 |  | frequently at the
discretion of the registered  | 
| 5 |  | professional nurse.
 | 
| 6 |  |  (d) Medication self-administration shall meet the  | 
| 7 |  | following
requirements:
 | 
| 8 |  |   (1) As part of the normalization process, in order for  | 
| 9 |  | each
individual to attain the highest possible level of  | 
| 10 |  | independent
functioning, all individuals shall be  | 
| 11 |  | permitted to participate in their
total health care  | 
| 12 |  | program. This program shall include, but not be
limited  | 
| 13 |  | to, individual training in preventive health and  | 
| 14 |  | self-medication
procedures.
 | 
| 15 |  |    (A) Every program shall adopt written policies and
 | 
| 16 |  | procedures for assisting individuals in obtaining  | 
| 17 |  | preventative
health and self-medication skills in  | 
| 18 |  | consultation with a
registered professional nurse,  | 
| 19 |  | advanced practice registered nurse,
physician  | 
| 20 |  | assistant, or physician licensed to practice medicine
 | 
| 21 |  | in all its branches.
 | 
| 22 |  |    (B) Individuals shall be evaluated to determine  | 
| 23 |  | their
ability to self-medicate by the nurse-trainer  | 
| 24 |  | through the use of
the Department's required,  | 
| 25 |  | standardized screening and assessment
instruments.
 | 
| 26 |  |    (C) When the results of the screening and  | 
|     | 
| |  |  | SB3792 Enrolled | - 17 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | assessment
indicate an individual not to be capable to  | 
| 2 |  | self-administer his or her
own medications, programs  | 
| 3 |  | shall be developed in consultation
with the Community  | 
| 4 |  | Support Team or Interdisciplinary
Team to provide  | 
| 5 |  | individuals with self-medication
administration.
 | 
| 6 |  |   (2) Each individual shall be presumed to be competent  | 
| 7 |  | to self-administer
medications if:
 | 
| 8 |  |    (A) authorized by an order of a physician licensed  | 
| 9 |  | to
practice medicine in all its branches, an advanced  | 
| 10 |  | practice registered nurse, or a physician assistant;  | 
| 11 |  | and
 | 
| 12 |  |    (B) approved to self-administer medication by the
 | 
| 13 |  | individual's Community Support Team or
 | 
| 14 |  | Interdisciplinary Team, which includes a registered
 | 
| 15 |  | professional nurse or an advanced practice registered  | 
| 16 |  | nurse.
 | 
| 17 |  |  (e) Quality Assurance.
 | 
| 18 |  |   (1) A registered professional nurse, advanced practice  | 
| 19 |  | registered nurse,
licensed practical nurse, physician  | 
| 20 |  | licensed to practice medicine in all
its branches,  | 
| 21 |  | physician assistant, or pharmacist shall review the
 | 
| 22 |  | following for all individuals:
 | 
| 23 |  |    (A) Medication orders.
 | 
| 24 |  |    (B) Medication labels, including medications  | 
| 25 |  | listed on
the medication administration record for  | 
| 26 |  | persons who are not
self-medicating to ensure the  | 
|     | 
| |  |  | SB3792 Enrolled | - 18 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | labels match the orders issued by
the physician  | 
| 2 |  | licensed to practice medicine in all its branches,
 | 
| 3 |  | advanced practice registered nurse, or physician  | 
| 4 |  | assistant.
 | 
| 5 |  |    (C) Medication administration records for persons  | 
| 6 |  | who
are not self-medicating to ensure that the records  | 
| 7 |  | are completed
appropriately for:
 | 
| 8 |  |     (i) medication administered as prescribed;
 | 
| 9 |  |     (ii) refusal by the individual; and
 | 
| 10 |  |     (iii) full signatures provided for all  | 
| 11 |  | initials used.
 | 
| 12 |  |   (2) Reviews shall occur at least quarterly, but may be  | 
| 13 |  | done
more frequently at the discretion of the registered  | 
| 14 |  | professional nurse
or advanced practice registered nurse.
 | 
| 15 |  |   (3) A quality assurance review of medication errors  | 
| 16 |  | and data
collection for the purpose of monitoring and  | 
| 17 |  | recommending
corrective action shall be conducted within 7  | 
| 18 |  | days and included in the
required annual review.
 | 
| 19 |  |  (f) Programs using authorized direct care
staff to  | 
| 20 |  | administer medications are responsible for documenting and  | 
| 21 |  | maintaining
records
on the training that is completed.
 | 
| 22 |  |  (g) The absence of this training program constitutes a  | 
| 23 |  | threat to the
public interest,
safety, and welfare and  | 
| 24 |  | necessitates emergency rulemaking by
the Departments of Human  | 
| 25 |  | Services and
Public Health
under Section 5-45
of
the
Illinois  | 
| 26 |  | Administrative Procedure Act.
 | 
|     | 
| |  |  | SB3792 Enrolled | - 19 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |  (h) Direct care staff who fail to qualify for delegated  | 
| 2 |  | authority to
administer medications pursuant to the provisions  | 
| 3 |  | of this Section shall be
given
additional education and  | 
| 4 |  | testing to meet criteria for
delegation authority to  | 
| 5 |  | administer medications.
Any direct care staff person who fails  | 
| 6 |  | to qualify as an authorized direct care
staff
after initial  | 
| 7 |  | training and testing must within 3 months be given another
 | 
| 8 |  | opportunity for retraining and retesting. A direct care staff  | 
| 9 |  | person who fails
to
meet criteria for delegated authority to  | 
| 10 |  | administer medication, including, but
not limited to, failure  | 
| 11 |  | of the written test on 2 occasions shall be given
 | 
| 12 |  | consideration for shift transfer or reassignment, if possible.  | 
| 13 |  | No employee
shall be terminated for failure to qualify during  | 
| 14 |  | the 3-month time period
following initial testing. Refusal to  | 
| 15 |  | complete training and testing required
by this Section may be  | 
| 16 |  | grounds for immediate dismissal.
 | 
| 17 |  |  (i) No authorized direct care staff person delegated to  | 
| 18 |  | administer
medication shall be subject to suspension or  | 
| 19 |  | discharge for errors
resulting from the staff
person's acts or  | 
| 20 |  | omissions when performing the functions unless the staff
 | 
| 21 |  | person's actions or omissions constitute willful and wanton  | 
| 22 |  | conduct.
Nothing in this subsection is intended to supersede  | 
| 23 |  | paragraph (4) of subsection
(c).
 | 
| 24 |  |  (j) A registered professional nurse, advanced practice  | 
| 25 |  | registered nurse,
physician licensed to practice medicine in  | 
| 26 |  | all its branches, or physician
assistant shall be on
duty or
on  | 
|     | 
| |  |  | SB3792 Enrolled | - 20 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | call at all times in any program covered by this Section.
 | 
| 2 |  |  (k) The employer shall be responsible for maintaining  | 
| 3 |  | liability insurance
for any program covered by this Section.
 | 
| 4 |  |  (l) Any direct care staff person who qualifies as  | 
| 5 |  | authorized direct care
staff pursuant to this Section shall be  | 
| 6 |  | granted consideration for a one-time
additional
salary  | 
| 7 |  | differential. The Department shall determine and provide the  | 
| 8 |  | necessary
funding for
the differential in the base. This  | 
| 9 |  | subsection (l) is inoperative on and after
June 30, 2000.
 | 
| 10 |  | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;  | 
| 11 |  | 99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff.  | 
| 12 |  | 1-1-18; 100-863, eff. 8-14-18.)
 | 
| 13 |  |  Section 20. The School Code is amended by changing  | 
| 14 |  | Sections 3-15.12, 13-40, and 26-2 as follows: | 
| 15 |  |  (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
 | 
| 16 |  |  Sec. 3-15.12. High school equivalency. 
The regional
 | 
| 17 |  | superintendent of schools and the Illinois Community College  | 
| 18 |  | Board shall make available for qualified individuals
residing  | 
| 19 |  | within the region a High School Equivalency Testing Program  | 
| 20 |  | and alternative methods of credentialing, as identified under  | 
| 21 |  | this Section.
For that purpose the regional superintendent  | 
| 22 |  | alone or with other
regional superintendents may establish and  | 
| 23 |  | supervise a testing center or
centers to administer the secure  | 
| 24 |  | forms for high school equivalency testing to qualified  | 
|     | 
| |  |  | SB3792 Enrolled | - 21 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | persons. Such centers
shall be under the supervision of the  | 
| 2 |  | regional superintendent in whose
region such centers are  | 
| 3 |  | located, subject to the approval
of the
Executive Director of  | 
| 4 |  | the Illinois Community College Board.
The Illinois Community  | 
| 5 |  | College Board shall also establish criteria and make available  | 
| 6 |  | alternative methods of credentialing throughout the State.  | 
| 7 |  |  An individual is eligible to apply to the regional  | 
| 8 |  | superintendent of schools
for the region in which he or she
 | 
| 9 |  | resides if he or she is: (a) a person who is 17 years
of age or  | 
| 10 |  | older, has maintained residence in the State of Illinois,
and  | 
| 11 |  | is
not a high school graduate; (b)
a person who is successfully  | 
| 12 |  | completing an
alternative education program under Section  | 
| 13 |  | 2-3.81, Article 13A,
or Article 13B; or (c) a
person who is
 | 
| 14 |  | enrolled in a youth education program sponsored by the  | 
| 15 |  | Illinois National
Guard.
For purposes of this Section,  | 
| 16 |  | residence is that abode which the applicant
considers his or  | 
| 17 |  | her home. Applicants may provide as sufficient proof of such
 | 
| 18 |  | residence and as an acceptable form of identification a  | 
| 19 |  | driver's license, valid passport, military ID, or other form  | 
| 20 |  | of government-issued national or foreign identification that  | 
| 21 |  | shows the applicant's name, address, date of birth, signature,  | 
| 22 |  | and photograph or other acceptable identification as may be  | 
| 23 |  | allowed by law or as regulated by the Illinois Community  | 
| 24 |  | College Board. Such regional superintendent shall determine if  | 
| 25 |  | the
applicant meets statutory and regulatory state standards.  | 
| 26 |  |  If qualified the
applicant shall at the time of such  | 
|     | 
| |  |  | SB3792 Enrolled | - 22 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | application pay a fee established by the
Illinois Community  | 
| 2 |  | College Board, which fee shall be paid into a special
fund
 | 
| 3 |  | under the control and supervision of the regional  | 
| 4 |  | superintendent. Such moneys
received by the regional  | 
| 5 |  | superintendent shall be used, first, for the
expenses incurred
 | 
| 6 |  | in administering and scoring the examination, and next for  | 
| 7 |  | other educational
programs that are developed and designed by  | 
| 8 |  | the regional superintendent of
schools to assist those who  | 
| 9 |  | successfully complete high school equivalency testing or meet  | 
| 10 |  | the criteria for alternative methods of credentialing in  | 
| 11 |  | furthering their academic development or
their ability to  | 
| 12 |  | secure and retain gainful employment, including programs for
 | 
| 13 |  | the competitive award based on test scores of college or adult  | 
| 14 |  | education
scholarship grants or similar educational  | 
| 15 |  | incentives. Any excess moneys shall
be paid into the institute  | 
| 16 |  | fund.
 | 
| 17 |  |  Any applicant who has achieved the minimum passing  | 
| 18 |  | standards as
established by the
Illinois Community College  | 
| 19 |  | Board shall be
notified in writing by the regional  | 
| 20 |  | superintendent and shall be
issued a State of Illinois High  | 
| 21 |  | School Diploma high school equivalency certificate on the  | 
| 22 |  | forms provided by the
Illinois Community College Board. The  | 
| 23 |  | regional superintendent shall
then certify to the Illinois  | 
| 24 |  | Community College Board
the score of the applicant and such  | 
| 25 |  | other and additional information
that may be required by the  | 
| 26 |  | Illinois Community College Board. The
moneys received  | 
|     | 
| |  |  | SB3792 Enrolled | - 23 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | therefrom shall be used in the same manner as provided
for in  | 
| 2 |  | this Section.
 | 
| 3 |  |  The Illinois Community College Board shall establish  | 
| 4 |  | alternative methods of credentialing for the issuance of a  | 
| 5 |  | State of Illinois High School Diploma high school equivalency  | 
| 6 |  | certification. In addition to high school equivalency testing,  | 
| 7 |  | the following alternative methods of receiving a State of  | 
| 8 |  | Illinois High School Diploma high school equivalency  | 
| 9 |  | credential shall be made available to qualified individuals on  | 
| 10 |  | or after January 1, 2018:  | 
| 11 |  |   (A) High School Equivalency based on High School  | 
| 12 |  | Credit. A qualified candidate may petition to have his or  | 
| 13 |  | her high school transcripts evaluated to determine what  | 
| 14 |  | the candidate needs to meet criteria as established by the  | 
| 15 |  | Illinois Community College Board. | 
| 16 |  |   (B) High School Equivalency based on Post-Secondary  | 
| 17 |  | Credit. A qualified candidate may petition to have his or  | 
| 18 |  | her post-secondary transcripts evaluated to determine what  | 
| 19 |  | the candidate needs to meet criteria established by the  | 
| 20 |  | Illinois Community College Board. | 
| 21 |  |   (C) High School Equivalency based on a Foreign  | 
| 22 |  | Diploma. A qualified candidate may petition to have his or  | 
| 23 |  | her foreign high school or post-secondary transcripts  | 
| 24 |  | evaluated to determine what the candidate needs to meet  | 
| 25 |  | criteria established by the Illinois Community College  | 
| 26 |  | Board. | 
|     | 
| |  |  | SB3792 Enrolled | - 24 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |   (D) High School Equivalency based on Completion of a  | 
| 2 |  | Competency-Based Program as approved by the Illinois  | 
| 3 |  | Community College Board. The Illinois Community College  | 
| 4 |  | Board shall establish guidelines for competency-based high  | 
| 5 |  | school equivalency programs.  | 
| 6 |  |  Any applicant who has attained the age of 17 years and  | 
| 7 |  | maintained
residence in the State of Illinois and is not a high  | 
| 8 |  | school graduate, any person who has enrolled in a youth  | 
| 9 |  | education program sponsored by the Illinois National Guard, or  | 
| 10 |  | any person who has successfully completed
an
alternative  | 
| 11 |  | education program under Section 2-3.81,
Article 13A, or  | 
| 12 |  | Article 13B is eligible to apply for a State of Illinois High  | 
| 13 |  | School Diploma high school equivalency
certificate (if he or  | 
| 14 |  | she meets the requirements prescribed by the Illinois  | 
| 15 |  | Community College Board) upon showing evidence that he or she  | 
| 16 |  | has completed, successfully, high school equivalency testing,  | 
| 17 |  | administered by the United
States Armed Forces Institute,  | 
| 18 |  | official high school equivalency testing centers established  | 
| 19 |  | in other
states, Veterans' Administration Hospitals, or the  | 
| 20 |  | office of the State
Superintendent of Education for the  | 
| 21 |  | Illinois State Penitentiary
System and the Department of  | 
| 22 |  | Corrections. Such applicant shall apply to the
regional  | 
| 23 |  | superintendent of the region wherein he or she has maintained  | 
| 24 |  | residence, and,
upon payment of a fee established by the  | 
| 25 |  | Illinois Community College Board,
the regional superintendent  | 
| 26 |  | shall issue a State of Illinois High School Diploma high  | 
|     | 
| |  |  | SB3792 Enrolled | - 25 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | school
equivalency certificate and immediately thereafter  | 
| 2 |  | certify to the Illinois Community College Board the score of  | 
| 3 |  | the applicant and such other and
additional information as may  | 
| 4 |  | be required by the Illinois Community College Board.
 | 
| 5 |  |  Notwithstanding the provisions of this Section, any  | 
| 6 |  | applicant who has
been out of school for at least one year may  | 
| 7 |  | request the regional
superintendent of schools to administer  | 
| 8 |  | restricted high school equivalency testing upon
written  | 
| 9 |  | request of: the director of a program who certifies to the  | 
| 10 |  | Chief
Examiner of an official high school equivalency testing  | 
| 11 |  | center that the applicant has completed a
program of  | 
| 12 |  | instruction provided by such agencies as the Job Corps, the
 | 
| 13 |  | Postal Service Academy, or an apprenticeship training program;  | 
| 14 |  | an employer
or program director for purposes of entry into  | 
| 15 |  | apprenticeship programs;
another state's department of  | 
| 16 |  | education in order to meet regulations
established by that  | 
| 17 |  | department of education; or a post high school
educational  | 
| 18 |  | institution for purposes of admission, the Department of  | 
| 19 |  | Financial and
Professional Regulation for licensing purposes,  | 
| 20 |  | or the Armed Forces
for induction purposes. The regional  | 
| 21 |  | superintendent shall administer
such testing, and the  | 
| 22 |  | applicant shall be notified in writing that he or she is
 | 
| 23 |  | eligible to receive a State of Illinois High School Diploma  | 
| 24 |  | high school equivalency certificate
upon reaching age 17,  | 
| 25 |  | provided he or she meets the standards established by the  | 
| 26 |  | Illinois Community College Board.
 | 
|     | 
| |  |  | SB3792 Enrolled | - 26 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |  Any test administered under this Section to an applicant  | 
| 2 |  | who does not
speak and understand English may at the  | 
| 3 |  | discretion of the administering
agency be given and answered  | 
| 4 |  | in any language in which the test is
printed. The regional  | 
| 5 |  | superintendent of schools may waive any fees required
by this  | 
| 6 |  | Section in case of hardship.
The regional superintendent of  | 
| 7 |  | schools and the Illinois Community College Board shall waive  | 
| 8 |  | any fees required by this Section for an applicant who meets  | 
| 9 |  | all of the following criteria:
 | 
| 10 |  |   (1) The applicant qualifies as a homeless person,  | 
| 11 |  | child, or youth as defined in the Education for Homeless  | 
| 12 |  | Children Act. | 
| 13 |  |   (2) The applicant has not attained 25 years of age as  | 
| 14 |  | of the date of the scheduled test. | 
| 15 |  |   (3) The applicant can verify his or her status as a  | 
| 16 |  | homeless person, child, or youth. A homeless services  | 
| 17 |  | provider that is qualified to verify an individual's  | 
| 18 |  | housing status, as determined by the Illinois Community  | 
| 19 |  | College Board, and that has knowledge of the applicant's  | 
| 20 |  | housing status may verify the applicant's status for  | 
| 21 |  | purposes of this subdivision (3). | 
| 22 |  |   (4) The applicant has completed a high school  | 
| 23 |  | equivalency preparation course through an Illinois  | 
| 24 |  | Community College Board-approved provider. | 
| 25 |  |   (5) The applicant is taking the test at a testing  | 
| 26 |  | center operated by a regional superintendent of schools or  | 
|     | 
| |  |  | SB3792 Enrolled | - 27 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | the Cook County High School Equivalency Office. | 
| 2 |  |  In counties of over 3,000,000 population, a State of  | 
| 3 |  | Illinois High School Diploma high school equivalency  | 
| 4 |  | certificate
shall contain the signatures of the Executive  | 
| 5 |  | Director of the Illinois Community College Board and the  | 
| 6 |  | superintendent, president, or other chief
executive officer of  | 
| 7 |  | the institution where high school equivalency testing  | 
| 8 |  | instruction occurred and any
other signatures authorized by  | 
| 9 |  | the Illinois Community College Board.
 | 
| 10 |  |  The regional superintendent of schools shall furnish the  | 
| 11 |  | Illinois
Community College Board with any information that the  | 
| 12 |  | Illinois
Community College Board requests with regard to  | 
| 13 |  | testing and diplomas certificates under this
Section.
  | 
| 14 |  |   A State of Illinois High School Diploma is a recognized  | 
| 15 |  | high school equivalency certificate for purposes of  | 
| 16 |  | reciprocity with other states. A high school equivalency  | 
| 17 |  | certificate from another state is equivalent to a State of  | 
| 18 |  | Illinois High School Diploma. | 
| 19 |  | (Source: P.A. 99-78, eff. 7-20-15; 99-742, eff. 1-1-17;  | 
| 20 |  | 100-130, eff. 1-1-18.)
 | 
| 21 |  |  (105 ILCS 5/13-40) (from Ch. 122, par. 13-40)
 | 
| 22 |  |  Sec. 13-40. To increase the effectiveness of the  | 
| 23 |  | Department of
Juvenile Justice and
thereby to better serve the  | 
| 24 |  | interests of the people of Illinois the
following bill is  | 
| 25 |  | presented.
 | 
|     | 
| |  |  | SB3792 Enrolled | - 28 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |  Its purpose is to enhance the quality and scope of  | 
| 2 |  | education for
inmates and wards within the Department of
 | 
| 3 |  | Juvenile Justice so that they will
be better motivated and  | 
| 4 |  | better equipped to restore themselves to
constructive and law  | 
| 5 |  | abiding lives in the community. The specific
measure sought is  | 
| 6 |  | the creation of a school district within the
Department so  | 
| 7 |  | that its educational programs can meet the needs of
persons  | 
| 8 |  | committed and so the resources of public education at the  | 
| 9 |  | state
and federal levels are best used, all of the same being  | 
| 10 |  | contemplated
within the provisions of the Illinois State  | 
| 11 |  | Constitution of 1970 which
provides that "A fundamental goal  | 
| 12 |  | of the People of the State is the
educational development of  | 
| 13 |  | all persons to the limits of their
capacities." Therefore, on  | 
| 14 |  | July 1, 2006, the Department of
Corrections
school district  | 
| 15 |  | shall be transferred to the Department of Juvenile Justice. It  | 
| 16 |  | shall be responsible for the education of youth
within the  | 
| 17 |  | Department of
Juvenile Justice and inmates age 21 or under  | 
| 18 |  | within the Department of Corrections who have not yet earned a  | 
| 19 |  | high school diploma or a State of Illinois High School Diploma  | 
| 20 |  | high school equivalency certificate, and the district may  | 
| 21 |  | establish
primary, secondary, vocational, adult, special, and  | 
| 22 |  | advanced educational
schools as provided in this Act. The  | 
| 23 |  | Department of Corrections retains authority as provided for in  | 
| 24 |  | subsection (d) of Section 3-6-2 of the Unified Code of  | 
| 25 |  | Corrections. The
Board of Education for this district shall  | 
| 26 |  | with the aid and advice of
professional educational personnel  | 
|     | 
| |  |  | SB3792 Enrolled | - 29 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | of the Department of
Juvenile Justice and
the State Board of  | 
| 2 |  | Education determine the
needs and type of schools and the  | 
| 3 |  | curriculum for each school within the
school district and may  | 
| 4 |  | proceed to establish the same through existing
means within  | 
| 5 |  | present and future appropriations, federal and state school
 | 
| 6 |  | funds, vocational rehabilitation grants and funds and all  | 
| 7 |  | other funds,
gifts and grants, private or public, including  | 
| 8 |  | federal funds, but not
exclusive to the said sources but  | 
| 9 |  | inclusive of all funds which might be
available for school  | 
| 10 |  | purposes.
 | 
| 11 |  | (Source: P.A. 98-718, eff. 1-1-15.)
 | 
| 12 |  |  (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 
| 13 |  |  Sec. 26-2. Enrolled pupils not of compulsory school age.
 | 
| 14 |  |  (a) For school years before the 2014-2015 school year, any  | 
| 15 |  | person having custody or
control of a child who is below the  | 
| 16 |  | age of 7 years or is 17 years of age or above
and who is  | 
| 17 |  | enrolled in any of grades kindergarten through 12
in the  | 
| 18 |  | public school shall
cause him to attend the public school in  | 
| 19 |  | the district wherein he resides when
it is in session during  | 
| 20 |  | the regular school term, unless he is excused under
paragraph  | 
| 21 |  | 2, 3, 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015  | 
| 22 |  | school year, any person having
custody or control of a child  | 
| 23 |  | who is below the age of 6 years or is 17 years of age or above  | 
| 24 |  | and who is enrolled in any of grades kindergarten
through 12 in  | 
| 25 |  | the public school shall cause the child to attend the public
 | 
|     | 
| |  |  | SB3792 Enrolled | - 30 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | school in the district wherein he or she resides when it is in  | 
| 2 |  | session
during the regular school term, unless the child is  | 
| 3 |  | excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of  | 
| 4 |  | this Code.
 | 
| 5 |  |  (b) A school district shall deny reenrollment in its  | 
| 6 |  | secondary schools
to any
child 19 years of age or above who has  | 
| 7 |  | dropped out of school
and who could
not, because of age and  | 
| 8 |  | lack of credits, attend classes during the normal
school year  | 
| 9 |  | and graduate before his or her twenty-first birthday.
A  | 
| 10 |  | district may, however, enroll the child in a graduation  | 
| 11 |  | incentives program under Section 26-16 of this Code or an  | 
| 12 |  | alternative learning
opportunities program established
under  | 
| 13 |  | Article 13B.
No
child shall be denied reenrollment for the  | 
| 14 |  | above reasons
unless the school district first offers the  | 
| 15 |  | child
due process as required in cases of expulsion under  | 
| 16 |  | Section
10-22.6. If a child is denied reenrollment after being  | 
| 17 |  | provided with due
process, the school district must provide  | 
| 18 |  | counseling to that child and
must direct that child to
 | 
| 19 |  | alternative educational
programs, including adult education  | 
| 20 |  | programs, that lead to graduation or
receipt of a State of  | 
| 21 |  | Illinois High School Diploma high school equivalency  | 
| 22 |  | certificate.
 | 
| 23 |  |  (c)
A school or school district may deny enrollment to a  | 
| 24 |  | student 17 years of age
or
older for one semester for failure  | 
| 25 |  | to meet minimum attendance standards if all
of the
following  | 
| 26 |  | conditions are met:
 | 
|     | 
| |  |  | SB3792 Enrolled | - 31 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |   (1) The student was absent without valid cause for 20%  | 
| 2 |  | or more of the
attendance
days in the semester immediately  | 
| 3 |  | prior to the current semester.
 | 
| 4 |  |   (2) The student and the student's parent or guardian  | 
| 5 |  | are given written
notice
warning that the student is  | 
| 6 |  | subject to denial from enrollment for one
semester
unless  | 
| 7 |  | the student is absent without valid cause less than 20% of  | 
| 8 |  | the
attendance days
in the current semester.
 | 
| 9 |  |   (3) The student's parent or guardian is provided with  | 
| 10 |  | the right to appeal
the
notice, as determined by the State  | 
| 11 |  | Board of Education in accordance with due
process.
 | 
| 12 |  |   (4) The student is provided with attendance  | 
| 13 |  | remediation services,
including
without limitation  | 
| 14 |  | assessment, counseling, and support services.
 | 
| 15 |  |   (5) The student is absent without valid cause for 20%  | 
| 16 |  | or more of the
attendance
days in the current semester.
 | 
| 17 |  |  A school or school district may not deny enrollment to a  | 
| 18 |  | student (or
reenrollment
to a dropout) who is at least 17
years  | 
| 19 |  | of age or older but below 19
years for more
than one  | 
| 20 |  | consecutive semester for failure to meet attendance
standards.
 | 
| 21 |  |  (d) No child may be denied reenrollment under this
Section  | 
| 22 |  | in violation
of the federal Individuals with Disabilities  | 
| 23 |  | Education Act or the Americans with
Disabilities Act.
 | 
| 24 |  |  (e) In this subsection (e), "reenrolled student" means a  | 
| 25 |  | dropout who has
reenrolled
full-time in a public school. Each  | 
| 26 |  | school district shall identify, track, and
report on the
 | 
|     | 
| |  |  | SB3792 Enrolled | - 32 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | educational progress and outcomes of reenrolled students as a  | 
| 2 |  | subset of the
district's
required reporting on all  | 
| 3 |  | enrollments.
A reenrolled student who again drops out must not  | 
| 4 |  | be counted again
against a district's dropout rate performance  | 
| 5 |  | measure.
The State
Board of Education shall set performance  | 
| 6 |  | standards for programs serving
reenrolled
students.
 | 
| 7 |  |  (f) The State Board of Education shall adopt any rules  | 
| 8 |  | necessary to
implement the
changes to this Section made by  | 
| 9 |  | Public Act 93-803.
 | 
| 10 |  | (Source: P.A. 100-825, eff. 8-13-18.)
 | 
| 11 |  |  Section 25. The Public University Uniform Admission Pilot  | 
| 12 |  | Program Act is amended by changing Section 25 as follows: | 
| 13 |  |  (110 ILCS 118/25) | 
| 14 |  |  (Section scheduled to be repealed on July 1, 2027)
 | 
| 15 |  |  Sec. 25. Graduates of nonaccredited private schools.  | 
| 16 |  |  (a) As used in this Section, "nonaccredited secondary  | 
| 17 |  | education" means a course of study at the secondary school  | 
| 18 |  | level in a nonaccredited private school setting. | 
| 19 |  |  (b) Because the State of Illinois considers successful  | 
| 20 |  | completion of a nonaccredited secondary education to be  | 
| 21 |  | equivalent to graduation from a public high school, an  | 
| 22 |  | institution, in complying with this Act and for all other  | 
| 23 |  | purposes, must treat an applicant for admission to the  | 
| 24 |  | institution as an undergraduate student who presents evidence  | 
|     | 
| |  |  | SB3792 Enrolled | - 33 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | that he or she has successfully completed a nonaccredited  | 
| 2 |  | secondary education according to the same general standards,  | 
| 3 |  | including specific standardized testing score requirements, as  | 
| 4 |  | other applicants for undergraduate admission who have  | 
| 5 |  | graduated from a public high school. | 
| 6 |  |  (c) An institution may not require an applicant for  | 
| 7 |  | admission to the institution as an undergraduate student who  | 
| 8 |  | presents evidence that he or she has successfully completed a  | 
| 9 |  | nonaccredited secondary education to: | 
| 10 |  |   (1) obtain or submit evidence that the person has  | 
| 11 |  | obtained a general educational development certificate,  | 
| 12 |  | State of Illinois High School Diploma certificate of high  | 
| 13 |  | school equivalency, or other credentials equivalent to a  | 
| 14 |  | public high school degree; or | 
| 15 |  |   (2) take an examination or comply with any other  | 
| 16 |  | application or admission requirement not generally  | 
| 17 |  | applicable to other applicants for undergraduate admission  | 
| 18 |  | to the institution. | 
| 19 |  |  (d) In complying with this Act or otherwise, when an  | 
| 20 |  | institution in its undergraduate admission review process  | 
| 21 |  | sorts or is required to sort applicants by high school  | 
| 22 |  | graduating class rank, the institution shall place any  | 
| 23 |  | applicant who presents evidence that the applicant has  | 
| 24 |  | successfully completed a nonaccredited secondary education  | 
| 25 |  | that does not include a high school graduating class ranking  | 
| 26 |  | at the average high school graduating class rank of  | 
|     | 
| |  |  | SB3792 Enrolled | - 34 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | undergraduate applicants to the institution who have  | 
| 2 |  | equivalent standardized testing scores as the applicant. | 
| 3 |  |  (e) Notwithstanding any other provision of this Act, with  | 
| 4 |  | respect to admission into the institution or any program  | 
| 5 |  | within the institution, with respect to scholarship programs,  | 
| 6 |  | and with respect to other terms and conditions, and in  | 
| 7 |  | complying with this Act, an institution may not treat an  | 
| 8 |  | applicant who has successfully completed a nonaccredited  | 
| 9 |  | secondary education that does not include a high school  | 
| 10 |  | graduating class ranking differently than an applicant who  | 
| 11 |  | graduated from an accredited public school.
 | 
| 12 |  | (Source: P.A. 101-448, eff. 1-1-20.) | 
| 13 |  |  Section 30. The Public Community College Act is amended by  | 
| 14 |  | changing Section 2-22 as follows: | 
| 15 |  |  (110 ILCS 805/2-22)
 | 
| 16 |  |  Sec. 2-22. High school equivalency testing certificates.  | 
| 17 |  | On the effective date
of this amendatory Act of the 94th  | 
| 18 |  | General Assembly, all powers and
duties of the State Board of  | 
| 19 |  | Education and State Superintendent of
Education with regard to  | 
| 20 |  | high school equivalency testing certificates under the
School  | 
| 21 |  | Code shall be transferred to the Illinois Community College
 | 
| 22 |  | Board. Within a reasonable period of time after that date, all  | 
| 23 |  | assets, liabilities, contracts, property, records, pending  | 
| 24 |  | business, and unexpended appropriations of the State Board of  | 
|     | 
| |  |  | SB3792 Enrolled | - 35 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | Education with regard to high school equivalency testing  | 
| 2 |  | certificates shall be transferred to the Illinois Community  | 
| 3 |  | College Board. The Illinois Community College Board may adopt  | 
| 4 |  | any rules
necessary to carry out its responsibilities under  | 
| 5 |  | the School Code with
regard to high school equivalency testing  | 
| 6 |  | certificates and to carry into efficient and uniform effect  | 
| 7 |  | the provisions for the issuance of State of Illinois High  | 
| 8 |  | School Diplomas high school equivalency certificates in this  | 
| 9 |  | State. All rules, standards, and
procedures adopted by the  | 
| 10 |  | State Board of Education under the
School Code with regard to  | 
| 11 |  | high school equivalency testing certificates shall
continue in  | 
| 12 |  | effect as the rules, standards, and procedures of the
Illinois  | 
| 13 |  | Community College Board, until they are modified by the
 | 
| 14 |  | Illinois Community College Board.
 | 
| 15 |  | (Source: P.A. 94-108, eff. 7-1-05.) | 
| 16 |  |  Section 35. The Higher Education Student Assistance Act is  | 
| 17 |  | amended by changing Sections 50, 52, and 62 as follows: | 
| 18 |  |  (110 ILCS 947/50)
 | 
| 19 |  |  Sec. 50. Minority Teachers of Illinois scholarship  | 
| 20 |  | program.
 | 
| 21 |  |  (a) As used in this Section:
 | 
| 22 |  |   "Eligible applicant" means a minority student who has  | 
| 23 |  | graduated
from high school or has received a State of  | 
| 24 |  | Illinois High School Diploma high school equivalency  | 
|     | 
| |  |  | SB3792 Enrolled | - 36 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | certificate
and has
maintained a cumulative grade point  | 
| 2 |  | average of
no
less than 2.5 on a 4.0 scale, and who by  | 
| 3 |  | reason thereof is entitled to
apply for scholarships to be  | 
| 4 |  | awarded under this Section.
 | 
| 5 |  |   "Minority student" means a student who is any of the  | 
| 6 |  | following: | 
| 7 |  |    (1) American Indian or Alaska Native (a person  | 
| 8 |  | having origins in any of the original peoples of North  | 
| 9 |  | and South America, including Central America, and who  | 
| 10 |  | maintains tribal affiliation or community attachment). | 
| 11 |  |    (2) Asian (a person having origins in any of the  | 
| 12 |  | original peoples of the Far East, Southeast Asia, or  | 
| 13 |  | the Indian subcontinent, including, but not limited  | 
| 14 |  | to, Cambodia, China, India, Japan, Korea, Malaysia,  | 
| 15 |  | Pakistan, the Philippine Islands, Thailand, and  | 
| 16 |  | Vietnam). | 
| 17 |  |    (3) Black or African American (a person having  | 
| 18 |  | origins in any of the black racial groups of Africa). | 
| 19 |  |    (4) Hispanic or Latino (a person of Cuban,  | 
| 20 |  | Mexican, Puerto Rican, South or Central American, or  | 
| 21 |  | other Spanish culture or origin, regardless of race). | 
| 22 |  |    (5) Native Hawaiian or Other Pacific Islander (a  | 
| 23 |  | person having origins in any of the original peoples  | 
| 24 |  | of Hawaii, Guam, Samoa, or other Pacific Islands).
 | 
| 25 |  |   "Qualified bilingual minority applicant" means a  | 
| 26 |  | qualified student who demonstrates proficiency in a  | 
|     | 
| |  |  | SB3792 Enrolled | - 37 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | language other than English by (i) receiving a State Seal  | 
| 2 |  | of Biliteracy from the State Board of Education or (ii)  | 
| 3 |  | receiving a passing score on an educator licensure target  | 
| 4 |  | language proficiency test.  | 
| 5 |  |   "Qualified student" means a person (i) who is a  | 
| 6 |  | resident of this State
and a citizen or permanent resident  | 
| 7 |  | of the United States; (ii) who is a
minority student, as  | 
| 8 |  | defined in this Section; (iii) who, as an eligible
 | 
| 9 |  | applicant, has made a timely application for a minority  | 
| 10 |  | teaching
scholarship under this Section; (iv) who is  | 
| 11 |  | enrolled on at least a
half-time basis at a
qualified  | 
| 12 |  | Illinois institution of
higher learning; (v) who is  | 
| 13 |  | enrolled in a course of study leading to
teacher  | 
| 14 |  | licensure, including alternative teacher licensure, or, if  | 
| 15 |  | the student is already licensed to teach, in a course of  | 
| 16 |  | study leading to an additional teaching endorsement or a  | 
| 17 |  | master's degree in an academic field in which he or she is  | 
| 18 |  | teaching or plans to teach or who has received one or more  | 
| 19 |  | College and Career Pathway Endorsements pursuant to  | 
| 20 |  | Section 80 of the Postsecondary and Workforce Readiness  | 
| 21 |  | Act and commits to enrolling in a course of study leading  | 
| 22 |  | to teacher licensure, including alternative teacher  | 
| 23 |  | licensure; (vi)
who maintains a grade point average of no
 | 
| 24 |  | less than 2.5 on a 4.0 scale;
and (vii) who continues to  | 
| 25 |  | advance satisfactorily toward the attainment
of a degree.
 | 
| 26 |  |  (b) In order to encourage academically talented Illinois  | 
|     | 
| |  |  | SB3792 Enrolled | - 38 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | minority
students to pursue teaching careers at the preschool  | 
| 2 |  | or elementary or
secondary
school
level and to address and  | 
| 3 |  | alleviate the teacher shortage crisis in this State described  | 
| 4 |  | under the provisions of the Transitions in Education Act, each  | 
| 5 |  | qualified student shall be awarded a minority teacher
 | 
| 6 |  | scholarship to any qualified Illinois institution of higher  | 
| 7 |  | learning.
However, preference may be given to qualified  | 
| 8 |  | applicants enrolled at or above
the
junior level.
 | 
| 9 |  |  (c) Each minority teacher scholarship awarded under this  | 
| 10 |  | Section shall
be in an amount sufficient to pay the tuition and  | 
| 11 |  | fees and room and board
costs of the qualified Illinois  | 
| 12 |  | institution of higher learning at which the
recipient is  | 
| 13 |  | enrolled, up to an annual maximum of $5,000;
except that
in
the  | 
| 14 |  | case of a recipient who does not reside on-campus at the  | 
| 15 |  | institution at
which he or she is enrolled, the amount of the  | 
| 16 |  | scholarship shall be
sufficient to pay tuition and fee  | 
| 17 |  | expenses and a commuter allowance, up to
an annual maximum of  | 
| 18 |  | $5,000.
However, if at least $2,850,000 is appropriated in a  | 
| 19 |  | given fiscal year for the Minority Teachers of Illinois  | 
| 20 |  | scholarship program, then, in each fiscal year thereafter,  | 
| 21 |  | each scholarship awarded under this Section shall
be in an  | 
| 22 |  | amount sufficient to pay the tuition and fees and room and  | 
| 23 |  | board
costs of the qualified Illinois institution of higher  | 
| 24 |  | learning at which the
recipient is enrolled, up to an annual  | 
| 25 |  | maximum of $7,500;
except that
in
the case of a recipient who  | 
| 26 |  | does not reside on-campus at the institution at
which he or she  | 
|     | 
| |  |  | SB3792 Enrolled | - 39 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | is enrolled, the amount of the scholarship shall be
sufficient  | 
| 2 |  | to pay tuition and fee expenses and a commuter allowance, up to
 | 
| 3 |  | an annual maximum of $7,500. 
 | 
| 4 |  |  (d) The total amount of minority teacher scholarship  | 
| 5 |  | assistance awarded by
the Commission under this Section to an  | 
| 6 |  | individual in any given fiscal
year, when added to other  | 
| 7 |  | financial assistance awarded to that individual
for that year,  | 
| 8 |  | shall not exceed the cost of attendance at the institution
at  | 
| 9 |  | which the student is enrolled. If the amount of minority  | 
| 10 |  | teacher
scholarship to be awarded to a qualified student as  | 
| 11 |  | provided in
subsection (c) of this Section exceeds the cost of  | 
| 12 |  | attendance at the
institution at which the student is  | 
| 13 |  | enrolled, the minority teacher
scholarship shall be reduced by  | 
| 14 |  | an amount equal to the amount by which the
combined financial  | 
| 15 |  | assistance available to the student exceeds the cost
of  | 
| 16 |  | attendance.
 | 
| 17 |  |  (e) The maximum number of academic terms for which a  | 
| 18 |  | qualified
student
can receive minority teacher scholarship  | 
| 19 |  | assistance shall be 8 semesters or
12 quarters.
 | 
| 20 |  |  (f) In any academic year for which an eligible applicant  | 
| 21 |  | under this
Section accepts financial assistance through the  | 
| 22 |  | Paul Douglas Teacher
Scholarship Program, as authorized by  | 
| 23 |  | Section 551 et seq. of the Higher
Education Act of 1965, the  | 
| 24 |  | applicant shall not be eligible for scholarship
assistance  | 
| 25 |  | awarded under this Section.
 | 
| 26 |  |  (g) All applications for minority teacher scholarships to  | 
|     | 
| |  |  | SB3792 Enrolled | - 40 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | be awarded
under this Section shall be made to the Commission  | 
| 2 |  | on forms which the
Commission shall provide for eligible  | 
| 3 |  | applicants. The form of applications
and the information  | 
| 4 |  | required to be set forth therein shall be determined by
the  | 
| 5 |  | Commission, and the Commission shall require eligible  | 
| 6 |  | applicants to
submit with their applications such supporting  | 
| 7 |  | documents or recommendations
as the Commission deems  | 
| 8 |  | necessary.
 | 
| 9 |  |  (h) Subject to a separate appropriation for such purposes,  | 
| 10 |  | payment of
any minority teacher scholarship awarded under this  | 
| 11 |  | Section shall be
determined by the Commission. All scholarship  | 
| 12 |  | funds distributed in
accordance with this subsection shall be  | 
| 13 |  | paid to the institution and used
only for payment of the  | 
| 14 |  | tuition and fee and room and board expenses
incurred by the  | 
| 15 |  | student in connection with his or her attendance at a  | 
| 16 |  | qualified Illinois institution of higher
learning. Any  | 
| 17 |  | minority teacher scholarship awarded under this Section
shall  | 
| 18 |  | be applicable to 2 semesters or 3 quarters of enrollment. If a
 | 
| 19 |  | qualified student withdraws from enrollment prior to  | 
| 20 |  | completion of the
first semester or quarter for which the  | 
| 21 |  | minority teacher scholarship is
applicable, the school shall  | 
| 22 |  | refund to the Commission the full amount of the
minority  | 
| 23 |  | teacher scholarship.
 | 
| 24 |  |  (i) The Commission shall administer the minority teacher  | 
| 25 |  | scholarship aid
program established by this Section and shall  | 
| 26 |  | make all necessary and proper
rules not inconsistent with this  | 
|     | 
| |  |  | SB3792 Enrolled | - 41 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | Section for its effective implementation.
 | 
| 2 |  |  (j) When an appropriation to the Commission for a given  | 
| 3 |  | fiscal year is
insufficient to provide scholarships to all  | 
| 4 |  | qualified students, the
Commission shall allocate the  | 
| 5 |  | appropriation in accordance with this
subsection. If funds are  | 
| 6 |  | insufficient to provide all qualified students
with a  | 
| 7 |  | scholarship as authorized by this Section, the Commission  | 
| 8 |  | shall
allocate the available scholarship funds for that fiscal  | 
| 9 |  | year to qualified students who submit a complete application  | 
| 10 |  | form on or before a date specified by the Commission based on  | 
| 11 |  | the following order of priority: | 
| 12 |  |   (1) To students who received a scholarship under this  | 
| 13 |  | Section in the prior academic year and who remain eligible  | 
| 14 |  | for a minority teacher scholarship under this Section. | 
| 15 |  |   (2) Except as otherwise provided in subsection (k), to  | 
| 16 |  | students who demonstrate financial need, as determined by  | 
| 17 |  | the Commission.
 | 
| 18 |  |  (k) Notwithstanding paragraph (2) of subsection (j), at  | 
| 19 |  | least 35% of the funds appropriated for
scholarships awarded  | 
| 20 |  | under this Section in each fiscal year shall be reserved
for  | 
| 21 |  | qualified male minority applicants, with priority being given  | 
| 22 |  | to qualified Black male applicants beginning with fiscal year  | 
| 23 |  | 2023.
If the Commission does not receive enough applications  | 
| 24 |  | from qualified male
minorities on or before
January 1 of each  | 
| 25 |  | fiscal year to award 35% of the funds appropriated for these
 | 
| 26 |  | scholarships to qualified
male minority applicants, then the  | 
|     | 
| |  |  | SB3792 Enrolled | - 42 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | Commission may award a portion of the
reserved funds to  | 
| 2 |  | qualified
female minority applicants in accordance with  | 
| 3 |  | subsection (j).
 | 
| 4 |  |  Beginning with fiscal year 2023, if at least $2,850,000  | 
| 5 |  | but less than $4,200,000 is appropriated in a given fiscal  | 
| 6 |  | year for scholarships awarded under this Section, then at  | 
| 7 |  | least 10% of the funds appropriated shall be reserved for  | 
| 8 |  | qualified bilingual minority applicants, with priority being  | 
| 9 |  | given to qualified bilingual minority applicants who are  | 
| 10 |  | enrolled in an educator preparation program with a  | 
| 11 |  | concentration in bilingual, bicultural education. Beginning  | 
| 12 |  | with fiscal year 2023, if at least $4,200,000 is appropriated  | 
| 13 |  | in a given fiscal year for the Minority Teachers of Illinois  | 
| 14 |  | scholarship program, then at least 30% of the funds  | 
| 15 |  | appropriated shall be reserved for qualified bilingual  | 
| 16 |  | minority applicants, with priority being given to qualified  | 
| 17 |  | bilingual minority applicants who are enrolled in an educator  | 
| 18 |  | preparation program with a concentration in bilingual,  | 
| 19 |  | bicultural education. Beginning with fiscal year 2023, if at  | 
| 20 |  | least $2,850,000 is appropriated in a given fiscal year for  | 
| 21 |  | scholarships awarded under this Section but the Commission  | 
| 22 |  | does not receive enough applications from qualified bilingual  | 
| 23 |  | minority applicants on or before January 1 of that fiscal year  | 
| 24 |  | to award at least 10% of the funds appropriated to qualified  | 
| 25 |  | bilingual minority applicants, then the Commission may, in its  | 
| 26 |  | discretion, award a portion of the reserved funds to other  | 
|     | 
| |  |  | SB3792 Enrolled | - 43 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | qualified students in accordance with subsection (j). 
 | 
| 2 |  |  (l) Prior to receiving scholarship assistance for any  | 
| 3 |  | academic year,
each recipient of a minority teacher  | 
| 4 |  | scholarship awarded under this Section
shall be required by  | 
| 5 |  | the Commission to sign an agreement under which the
recipient  | 
| 6 |  | pledges that, within the one-year period following the
 | 
| 7 |  | termination
of the program for which the recipient was awarded  | 
| 8 |  | a minority
teacher scholarship, the recipient (i) shall begin  | 
| 9 |  | teaching for a
period of not less
than one year for each year  | 
| 10 |  | of scholarship assistance he or she was awarded
under this  | 
| 11 |  | Section; (ii) shall fulfill this teaching obligation at a
 | 
| 12 |  | nonprofit Illinois public, private, or parochial preschool,  | 
| 13 |  | elementary school,
or secondary school at which no less than  | 
| 14 |  | 30% of the enrolled students are
minority students in the year  | 
| 15 |  | during which the recipient begins teaching at the
school or  | 
| 16 |  | may instead, if the recipient received a scholarship as a  | 
| 17 |  | qualified bilingual minority applicant, fulfill this teaching  | 
| 18 |  | obligation in a program in transitional bilingual education  | 
| 19 |  | pursuant to Article 14C of the School Code or in a school in  | 
| 20 |  | which 20 or more English learner students in the same language  | 
| 21 |  | classification are enrolled; and (iii) shall, upon request by  | 
| 22 |  | the Commission, provide the Commission
with evidence that he  | 
| 23 |  | or she is fulfilling or has fulfilled the terms of the
teaching  | 
| 24 |  | agreement provided for in this subsection.
 | 
| 25 |  |  (m) If a recipient of a minority teacher scholarship  | 
| 26 |  | awarded under this
Section fails to fulfill the teaching  | 
|     | 
| |  |  | SB3792 Enrolled | - 44 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | obligation set forth in subsection
(l) of this Section, the  | 
| 2 |  | Commission shall require the recipient to repay
the amount of  | 
| 3 |  | the scholarships received, prorated according to the fraction
 | 
| 4 |  | of the teaching obligation not completed, at a rate of  | 
| 5 |  | interest equal to
5%, and, if applicable, reasonable  | 
| 6 |  | collection fees.
The Commission is authorized to establish  | 
| 7 |  | rules relating to its collection
activities for repayment of  | 
| 8 |  | scholarships under this Section. All repayments
collected  | 
| 9 |  | under this Section shall be forwarded to the State Comptroller  | 
| 10 |  | for
deposit into the State's General Revenue Fund.
 | 
| 11 |  |  (n) A recipient of minority teacher scholarship shall not  | 
| 12 |  | be considered
in violation of the agreement entered into  | 
| 13 |  | pursuant to subsection (l) if
the recipient (i) enrolls on a  | 
| 14 |  | full time basis as a graduate student in a
course of study  | 
| 15 |  | related to the field of teaching at a qualified Illinois
 | 
| 16 |  | institution of higher learning; (ii) is serving, not in excess  | 
| 17 |  | of 3 years,
as a member of the armed services of the United  | 
| 18 |  | States; (iii) is
a person with a temporary total disability  | 
| 19 |  | for a period of time not to exceed 3 years as
established by  | 
| 20 |  | sworn affidavit of a qualified physician; (iv) is seeking
and  | 
| 21 |  | unable to find full time employment as a teacher at an Illinois  | 
| 22 |  | public,
private, or parochial preschool or elementary or  | 
| 23 |  | secondary school that
satisfies the
criteria set forth in  | 
| 24 |  | subsection (l) of this Section and is able to provide
evidence  | 
| 25 |  | of that fact; (v) becomes a person with a permanent total  | 
| 26 |  | disability as
established by sworn affidavit of a qualified  | 
|     | 
| |  |  | SB3792 Enrolled | - 45 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | physician; (vi) is taking additional courses, on at least a  | 
| 2 |  | half-time basis, needed to obtain licensure as a teacher in  | 
| 3 |  | Illinois; or (vii) is fulfilling teaching requirements  | 
| 4 |  | associated with other programs administered by the Commission  | 
| 5 |  | and cannot concurrently fulfill them under this Section in a  | 
| 6 |  | period of time equal to the length of the teaching obligation.
 | 
| 7 |  |  (o) Scholarship recipients under this Section who withdraw  | 
| 8 |  | from
a program of teacher education but remain enrolled in  | 
| 9 |  | school
to continue their postsecondary studies in another  | 
| 10 |  | academic discipline shall
not be required to commence  | 
| 11 |  | repayment of their Minority Teachers of Illinois
scholarship  | 
| 12 |  | so long as they remain enrolled in school on a full-time basis  | 
| 13 |  | or
if they can document for the Commission special  | 
| 14 |  | circumstances that warrant
extension of repayment.
 | 
| 15 |  |  (p) If the Minority Teachers of Illinois scholarship  | 
| 16 |  | program does not expend at least 90% of the amount  | 
| 17 |  | appropriated for the program in a given fiscal year for 3  | 
| 18 |  | consecutive fiscal years and the Commission does not receive  | 
| 19 |  | enough applications from the groups identified in subsection  | 
| 20 |  | (k) on or before January 1 in each of those fiscal years to  | 
| 21 |  | meet the percentage reserved for those groups under subsection  | 
| 22 |  | (k), then up to 3% of amount appropriated for the program for  | 
| 23 |  | each of next 3 fiscal years shall be allocated to increasing  | 
| 24 |  | awareness of the program and for the recruitment of Black male  | 
| 25 |  | applicants. The Commission shall make a recommendation to the  | 
| 26 |  | General Assembly by January 1 of the year immediately  | 
|     | 
| |  |  | SB3792 Enrolled | - 46 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | following the end of that third fiscal year regarding whether  | 
| 2 |  | the amount allocated to increasing awareness and recruitment  | 
| 3 |  | should continue. | 
| 4 |  |  (q) Each qualified Illinois institution of higher learning  | 
| 5 |  | that receives funds from the Minority Teachers of Illinois  | 
| 6 |  | scholarship program shall host an annual information session  | 
| 7 |  | at the institution about the program for teacher candidates of  | 
| 8 |  | color in accordance with rules adopted by the Commission.  | 
| 9 |  | Additionally, the institution shall ensure that each  | 
| 10 |  | scholarship recipient enrolled at the institution meets with  | 
| 11 |  | an academic advisor at least once per academic year to  | 
| 12 |  | facilitate on-time completion of the recipient's educator  | 
| 13 |  | preparation program.  | 
| 14 |  |  (r) The changes made to this Section by Public Act 101-654  | 
| 15 |  | this amendatory Act of the 101st General Assembly will first  | 
| 16 |  | take effect with awards made for the 2022-2023 academic year.  | 
| 17 |  | (Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22;  | 
| 18 |  | revised 9-28-21.)
 | 
| 19 |  |  (110 ILCS 947/52)
 | 
| 20 |  |  Sec. 52. Golden Apple Scholars of Illinois Program; Golden  | 
| 21 |  | Apple Foundation for Excellence in Teaching. 
 | 
| 22 |  |  (a) In this Section, "Foundation" means the Golden Apple  | 
| 23 |  | Foundation for Excellence in Teaching, a registered 501(c)(3)  | 
| 24 |  | not-for-profit corporation.  | 
| 25 |  |  (a-2) In order to encourage academically talented Illinois  | 
|     | 
| |  |  | SB3792 Enrolled | - 47 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | students,
especially minority students, to pursue teaching  | 
| 2 |  | careers, especially in
teacher shortage
disciplines
(which  | 
| 3 |  | shall be defined to include early childhood education) or at
 | 
| 4 |  | hard-to-staff schools (as defined by the Commission in  | 
| 5 |  | consultation with the
State Board of Education), to provide  | 
| 6 |  | those students with the crucial mentoring, guidance, and  | 
| 7 |  | in-service support that will significantly increase the  | 
| 8 |  | likelihood that they will complete their full teaching  | 
| 9 |  | commitments and elect to continue teaching in targeted  | 
| 10 |  | disciplines and hard-to-staff schools, and to ensure that  | 
| 11 |  | students in this State will continue to have access to a pool  | 
| 12 |  | of highly-qualified teachers, each qualified student shall be  | 
| 13 |  | awarded a Golden Apple Scholars of Illinois Program  | 
| 14 |  | scholarship to any Illinois institution of higher learning.  | 
| 15 |  | The Commission shall administer the Golden Apple Scholars of  | 
| 16 |  | Illinois Program, which shall be managed by the Foundation  | 
| 17 |  | pursuant to the terms of a grant agreement meeting the  | 
| 18 |  | requirements of Section 4 of the Illinois Grant Funds Recovery  | 
| 19 |  | Act. | 
| 20 |  |  (a-3) For purposes of this Section, a qualified student  | 
| 21 |  | shall be a student who meets the following qualifications: | 
| 22 |  |   (1) is a resident of this State and a citizen or  | 
| 23 |  | eligible noncitizen of the United States; | 
| 24 |  |   (2) is a high school graduate or a person who has  | 
| 25 |  | received a State of Illinois High School Diploma high  | 
| 26 |  | school equivalency certificate; | 
|     | 
| |  |  | SB3792 Enrolled | - 48 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |   (3) is enrolled or accepted, on at least a half-time  | 
| 2 |  | basis, at an institution of higher learning; | 
| 3 |  |   (4) is pursuing a postsecondary course of study  | 
| 4 |  | leading to initial certification or pursuing additional  | 
| 5 |  | course work needed to gain State Board of Education  | 
| 6 |  | approval to teach, including alternative teacher  | 
| 7 |  | licensure; and | 
| 8 |  |   (5) is a participant in programs managed by and is  | 
| 9 |  | approved to receive a scholarship from the Foundation. | 
| 10 |  |  (a-5) (Blank).
 | 
| 11 |  |  (b) (Blank).
 | 
| 12 |  |  (b-5) Funds designated for the Golden Apple Scholars of  | 
| 13 |  | Illinois Program shall be used by the Commission for the  | 
| 14 |  | payment of scholarship assistance under this Section or for  | 
| 15 |  | the award of grant funds, subject to the Illinois Grant Funds  | 
| 16 |  | Recovery Act, to the Foundation. Subject to appropriation,  | 
| 17 |  | awards of grant funds to the Foundation shall be made on an  | 
| 18 |  | annual basis and following an application for grant funds by  | 
| 19 |  | the Foundation. | 
| 20 |  |  (b-10) Each year, the Foundation shall include in its  | 
| 21 |  | application to the Commission for grant funds an estimate of  | 
| 22 |  | the amount of scholarship assistance to be provided to  | 
| 23 |  | qualified students during the grant period. Any amount of  | 
| 24 |  | appropriated funds exceeding the estimated amount of  | 
| 25 |  | scholarship assistance may be awarded by the Commission to the  | 
| 26 |  | Foundation for management expenses expected to be incurred by  | 
|     | 
| |  |  | SB3792 Enrolled | - 49 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | the Foundation in providing the mentoring, guidance, and  | 
| 2 |  | in-service supports that will increase the likelihood that  | 
| 3 |  | qualified students will complete their teaching commitments  | 
| 4 |  | and elect to continue teaching in hard-to-staff schools. If  | 
| 5 |  | the estimate of the amount of scholarship assistance described  | 
| 6 |  | in the Foundation's application is less than the actual amount  | 
| 7 |  | required for the award of scholarship assistance to qualified  | 
| 8 |  | students, the Foundation shall be responsible for using  | 
| 9 |  | awarded grant funds to ensure all qualified students receive  | 
| 10 |  | scholarship assistance under this Section. | 
| 11 |  |  (b-15) All grant funds not expended or legally obligated  | 
| 12 |  | within the time specified in a grant agreement between the  | 
| 13 |  | Foundation and the Commission shall be returned to the  | 
| 14 |  | Commission within 45 days. Any funds legally obligated by the  | 
| 15 |  | end of a grant agreement shall be liquidated within 45 days or  | 
| 16 |  | otherwise returned to the Commission within 90 days after the  | 
| 17 |  | end of the grant agreement that resulted in the award of grant  | 
| 18 |  | funds.  | 
| 19 |  |  (c) Each scholarship awarded under this Section shall be  | 
| 20 |  | in an amount
sufficient to pay the tuition and fees and room  | 
| 21 |  | and board costs of the Illinois
institution of higher learning  | 
| 22 |  | at which the recipient is enrolled, up to
an annual maximum of  | 
| 23 |  | $5,000; except that in the case of a
recipient who
does not
 | 
| 24 |  | reside
on-campus at the institution of higher learning at  | 
| 25 |  | which he or she is enrolled,
the amount of the scholarship  | 
| 26 |  | shall be sufficient to pay tuition and fee
expenses and a  | 
|     | 
| |  |  | SB3792 Enrolled | - 50 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | commuter allowance, up to an annual maximum of $5,000. All  | 
| 2 |  | scholarship funds distributed in accordance with this Section  | 
| 3 |  | shall be paid to the institution on behalf of recipients.
 | 
| 4 |  |  (d) The total amount of scholarship assistance awarded by  | 
| 5 |  | the Commission
under this Section to an individual in any  | 
| 6 |  | given fiscal year, when added to
other financial assistance  | 
| 7 |  | awarded to that individual for that year, shall not
exceed the  | 
| 8 |  | cost of attendance at the institution of higher learning at  | 
| 9 |  | which
the student is enrolled. In any academic year for which a  | 
| 10 |  | qualified student under this Section accepts financial  | 
| 11 |  | assistance through any other teacher scholarship program  | 
| 12 |  | administered by the Commission, a qualified student shall not  | 
| 13 |  | be eligible for scholarship assistance awarded under this  | 
| 14 |  | Section. 
 | 
| 15 |  |  (e) A recipient may receive up to 8 semesters or 12
 | 
| 16 |  | quarters of scholarship
assistance under this Section.  | 
| 17 |  | Scholarship funds are applicable toward 2 semesters or 3  | 
| 18 |  | quarters of enrollment each academic year. 
 | 
| 19 |  |  (f) All applications for scholarship assistance to be  | 
| 20 |  | awarded under this
Section shall be made to the Foundation in a  | 
| 21 |  | form determined by the Foundation. Each year, the Foundation  | 
| 22 |  | shall notify the Commission of the individuals awarded  | 
| 23 |  | scholarship assistance under this Section. Each year, at least  | 
| 24 |  | 30% of the Golden Apple Scholars of Illinois Program  | 
| 25 |  | scholarships shall be awarded to students residing in counties  | 
| 26 |  | having a population of less than 500,000.
 | 
|     | 
| |  |  | SB3792 Enrolled | - 51 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |  (g) (Blank).
 | 
| 2 |  |  (h) The Commission shall administer the payment of
 | 
| 3 |  | scholarship assistance provided through the Golden Apple  | 
| 4 |  | Scholars of Illinois Program and shall make all necessary
and
 | 
| 5 |  | proper rules not inconsistent with this Section for the  | 
| 6 |  | effective
implementation of this Section.
 | 
| 7 |  |  (i) Prior to receiving scholarship assistance for any  | 
| 8 |  | academic year, each
recipient of a scholarship awarded under  | 
| 9 |  | this
Section shall be required by the Foundation to sign an  | 
| 10 |  | agreement under which
the
recipient pledges that, within the  | 
| 11 |  | 2-year period following the
termination
of the academic  | 
| 12 |  | program for which the recipient was awarded a scholarship, the
 | 
| 13 |  | recipient: (i) shall begin teaching for a period of not
less  | 
| 14 |  | than 5 years, (ii) shall fulfill this teaching obligation at a  | 
| 15 |  | nonprofit
Illinois public,
private, or parochial
preschool or  | 
| 16 |  | an Illinois public elementary or secondary school that  | 
| 17 |  | qualifies for teacher loan cancellation under Section  | 
| 18 |  | 465(a)(2)(A) of the federal Higher Education Act of 1965 (20  | 
| 19 |  | U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed  | 
| 20 |  | eligible for fulfilling the teaching commitment as designated  | 
| 21 |  | by the Foundation, and (iii)
shall, upon request of
the  | 
| 22 |  | Foundation, provide the Foundation with evidence that he or  | 
| 23 |  | she is fulfilling
or has fulfilled the terms of the teaching  | 
| 24 |  | agreement provided for in this
subsection. Upon request, the  | 
| 25 |  | Foundation shall provide evidence of teacher fulfillment to  | 
| 26 |  | the Commission. 
 | 
|     | 
| |  |  | SB3792 Enrolled | - 52 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |  (j) If a recipient of a scholarship awarded under this  | 
| 2 |  | Section fails to
fulfill the teaching obligation set forth in  | 
| 3 |  | subsection (i) of this Section,
the Commission shall require  | 
| 4 |  | the recipient to repay the amount of the
scholarships  | 
| 5 |  | received, prorated according to the fraction of the teaching
 | 
| 6 |  | obligation not completed, plus interest at a rate of 5% and if  | 
| 7 |  | applicable, reasonable
collection fees.
Payments received by  | 
| 8 |  | the Commission under this subsection (j)
shall be remitted to  | 
| 9 |  | the State Comptroller for deposit into
the General Revenue  | 
| 10 |  | Fund, except that that portion of a
recipient's repayment that  | 
| 11 |  | equals the amount in expenses that
the Commission has  | 
| 12 |  | reasonably incurred in attempting
collection from that  | 
| 13 |  | recipient shall be remitted to the State
Comptroller for  | 
| 14 |  | deposit into the Commission's Accounts
Receivable Fund.  | 
| 15 |  |  (k) A recipient of a scholarship awarded by the Foundation  | 
| 16 |  | under this
Section shall not be considered to have failed to  | 
| 17 |  | fulfill the teaching obligations of the agreement entered into  | 
| 18 |  | pursuant to
subsection (i) if the recipient (i) enrolls on a  | 
| 19 |  | full-time basis as a graduate
student in a course of study  | 
| 20 |  | related to the field of teaching at an institution
of higher  | 
| 21 |  | learning; (ii) is serving as a member of the armed services of  | 
| 22 |  | the
United States; (iii) is a person with a temporary total  | 
| 23 |  | disability, as established by sworn
affidavit of a qualified  | 
| 24 |  | physician; (iv) is seeking and unable to find
full-time  | 
| 25 |  | employment as a teacher at a school that satisfies the  | 
| 26 |  | criteria set
forth
in subsection (i) and is able to provide  | 
|     | 
| |  |  | SB3792 Enrolled | - 53 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | evidence of that fact; (v) is taking additional courses, on at  | 
| 2 |  | least a half-time basis, needed to obtain certification as a  | 
| 3 |  | teacher in Illinois; (vi) is fulfilling teaching requirements  | 
| 4 |  | associated with other programs administered by the Commission  | 
| 5 |  | and cannot concurrently fulfill them under this Section in a  | 
| 6 |  | period of time equal to the length of the teaching obligation;  | 
| 7 |  | or (vii) is participating in a program established under  | 
| 8 |  | Executive Order 10924 of the President of the United States or  | 
| 9 |  | the federal National Community Service Act of 1990 (42 U.S.C.  | 
| 10 |  | 12501 et seq.). Any such
extension of the period during which  | 
| 11 |  | the teaching requirement must be fulfilled
shall be subject to  | 
| 12 |  | limitations of duration as established by the Commission.
 | 
| 13 |  |  (l) A recipient who fails to fulfill the teaching  | 
| 14 |  | obligations of the agreement entered into pursuant to  | 
| 15 |  | subsection (i) of this Section shall repay the amount of  | 
| 16 |  | scholarship assistance awarded to them under this Section  | 
| 17 |  | within 10 years. | 
| 18 |  |  (m) Annually, at a time determined by the Commission in  | 
| 19 |  | consultation with the Foundation, the Foundation shall submit  | 
| 20 |  | a report to assist the Commission in monitoring the  | 
| 21 |  | Foundation's performance of grant activities. The report shall  | 
| 22 |  | describe the following: | 
| 23 |  |   (1) the Foundation's anticipated expenditures for the  | 
| 24 |  | next fiscal year; | 
| 25 |  |   (2) the number of qualified students receiving  | 
| 26 |  | scholarship assistance at each institution of higher  | 
|     | 
| |  |  | SB3792 Enrolled | - 54 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | learning where a qualified student was enrolled under this  | 
| 2 |  | Section during the previous fiscal year; | 
| 3 |  |   (3) the total monetary value of scholarship funds paid  | 
| 4 |  | to each institution of higher learning at which a  | 
| 5 |  | qualified student was enrolled during the previous fiscal  | 
| 6 |  | year; | 
| 7 |  |   (4) the number of scholarship recipients who completed  | 
| 8 |  | a baccalaureate degree during the previous fiscal year; | 
| 9 |  |   (5) the number of scholarship recipients who fulfilled  | 
| 10 |  | their teaching obligation during the previous fiscal year; | 
| 11 |  |   (6) the number of scholarship recipients who failed to  | 
| 12 |  | fulfill their teaching obligation during the previous  | 
| 13 |  | fiscal year; | 
| 14 |  |   (7) the number of scholarship recipients granted an  | 
| 15 |  | extension described in subsection (k) of this Section  | 
| 16 |  | during the previous fiscal year; | 
| 17 |  |   (8) the number of scholarship recipients required to  | 
| 18 |  | repay scholarship assistance in accordance with subsection  | 
| 19 |  | (j) of this Section during the previous fiscal year; | 
| 20 |  |   (9) the number of scholarship recipients who  | 
| 21 |  | successfully repaid scholarship assistance in full during  | 
| 22 |  | the previous fiscal year; | 
| 23 |  |   (10) the number of scholarship recipients who  | 
| 24 |  | defaulted on their obligation to repay scholarship  | 
| 25 |  | assistance during the previous fiscal year; | 
| 26 |  |   (11) the amount of scholarship assistance subject to  | 
|     | 
| |  |  | SB3792 Enrolled | - 55 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | collection in accordance with subsection (j) of this  | 
| 2 |  | Section at the end of the previous fiscal year; | 
| 3 |  |   (12) the amount of collected funds to be remitted to  | 
| 4 |  | the Comptroller in accordance with subsection (j) of this  | 
| 5 |  | Section at the end of the previous fiscal year; and | 
| 6 |  |   (13) other information that the Commission may  | 
| 7 |  | reasonably request.  | 
| 8 |  |  (n) Nothing in this Section shall affect the rights of the  | 
| 9 |  | Commission to collect moneys owed to it by recipients of  | 
| 10 |  | scholarship assistance through the Illinois Future Teacher  | 
| 11 |  | Corps Program, repealed by this amendatory Act of the 98th  | 
| 12 |  | General Assembly. | 
| 13 |  |  (o) The Auditor General shall prepare an annual audit of  | 
| 14 |  | the operations and finances of the Golden Apple Scholars of  | 
| 15 |  | Illinois Program. This audit shall be provided to the  | 
| 16 |  | Governor, General Assembly, and the Commission. | 
| 17 |  |  (p) The suspension of grant making authority found in  | 
| 18 |  | Section 4.2 of the Illinois Grant Funds Recovery Act shall not  | 
| 19 |  | apply to grants made pursuant to this Section.  | 
| 20 |  | (Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15;  | 
| 21 |  | 99-143, eff. 7-27-15.)
 | 
| 22 |  |  (110 ILCS 947/62) | 
| 23 |  |  Sec. 62. Grants for exonerated persons.  | 
| 24 |  |  (a) In this Section: | 
| 25 |  |  "Exonerated person" means an individual who has received a  | 
|     | 
| |  |  | SB3792 Enrolled | - 56 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | pardon from the Governor of the State of Illinois stating that  | 
| 2 |  | such a pardon is issued on the grounds of innocence of the  | 
| 3 |  | crime for which he or she was imprisoned or an individual who  | 
| 4 |  | has received a certificate of innocence from a circuit court  | 
| 5 |  | pursuant to Section 2-702 of the Code of Civil Procedure. | 
| 6 |  |  "Satisfactory academic progress" means the qualified  | 
| 7 |  | applicant's maintenance of minimum standards of academic  | 
| 8 |  | performance, consistent with requirements for maintaining  | 
| 9 |  | federal financial aid eligibility, as determined by the  | 
| 10 |  | institution of higher learning. | 
| 11 |  |  (b) Subject to a separate appropriation for this purpose,  | 
| 12 |  | the Commission shall, each year, receive and consider  | 
| 13 |  | applications for grant assistance under this Section.  | 
| 14 |  | Recipients of grants issued by the Commission in accordance  | 
| 15 |  | with this Section must be exonerated persons. Provided that  | 
| 16 |  | the recipient is maintaining satisfactory academic progress,  | 
| 17 |  | the funds from the grant may be used to pay up to 8 semesters  | 
| 18 |  | or 12 quarters of full payment of tuition and mandatory fees at  | 
| 19 |  | any public university or public community college located in  | 
| 20 |  | this State for either full or part-time study. This benefit  | 
| 21 |  | may be used for undergraduate or graduate study. | 
| 22 |  |  In addition, an exonerated person who has not yet received  | 
| 23 |  | a high school diploma or a State of Illinois High School  | 
| 24 |  | Diploma high school equivalency certificate and completes a  | 
| 25 |  | high school equivalency preparation course through an Illinois  | 
| 26 |  | Community College Board-approved provider may use grant funds  | 
|     | 
| |  |  | SB3792 Enrolled | - 57 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | to pay costs associated with obtaining a State of Illinois  | 
| 2 |  | High School Diploma high school equivalency certificate,  | 
| 3 |  | including payment of the cost of the high school equivalency  | 
| 4 |  | test and up to one retest on each test module, and any  | 
| 5 |  | additional fees that may be required in order to obtain a State  | 
| 6 |  | of Illinois High School Diploma an Illinois High School  | 
| 7 |  | Equivalency Certificate or an official transcript of test  | 
| 8 |  | scores after successful completion of the high school  | 
| 9 |  | equivalency test. | 
| 10 |  |  (c) An applicant for a grant under this Section need not  | 
| 11 |  | demonstrate financial need to qualify for the benefits. | 
| 12 |  |  (d) The Commission may adopt any rules necessary to  | 
| 13 |  | implement and administer this Section.
 | 
| 14 |  | (Source: P.A. 99-199, eff. 1-1-16.) | 
| 15 |  |  Section 40. The Illinois Insurance Code is amended by  | 
| 16 |  | changing Section 500-50 as follows:
 | 
| 17 |  |  (215 ILCS 5/500-50)
 | 
| 18 |  |  (Section scheduled to be repealed on January 1, 2027)
 | 
| 19 |  |  Sec. 500-50. Insurance producers; examination statistics. 
 | 
| 20 |  |  (a) The use of examinations for the purpose of determining  | 
| 21 |  | qualifications of
persons
to be licensed as insurance  | 
| 22 |  | producers has a direct and far-reaching effect on
persons  | 
| 23 |  | seeking
those licenses, on insurance companies, and on the  | 
| 24 |  | public. It is in the public
interest and it will
further the  | 
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|  | 
| 1 |  | public welfare to insure that examinations for licensing do  | 
| 2 |  | not
have the effect of
unlawfully discriminating against  | 
| 3 |  | applicants for licensing as insurance
producers on the basis  | 
| 4 |  | of
race, color, national origin, or sex.
 | 
| 5 |  |  (b) As used in this Section, the following words have the  | 
| 6 |  | meanings given in
this
subsection.
 | 
| 7 |  |  Examination. "Examination" means the examination in each  | 
| 8 |  | line of insurance
administered pursuant to Section 500-30.
 | 
| 9 |  |  Examinee. "Examinee" means a person who takes an  | 
| 10 |  | examination.
 | 
| 11 |  |  Part. "Part" means a portion of an examination for which a  | 
| 12 |  | score is
calculated.
 | 
| 13 |  |  Operational item. "Operational item" means a test question  | 
| 14 |  | considered in
determining an
examinee's score.
 | 
| 15 |  |  Test form. "Test form" means the test booklet or  | 
| 16 |  | instrument used for a part
of
an
examination.
 | 
| 17 |  |  Pretest item. "Pretest item" means a prospective test  | 
| 18 |  | question that is
included
in a test
form in order to assess its  | 
| 19 |  | performance, but is not considered in determining
an  | 
| 20 |  | examinee's score.
 | 
| 21 |  |  Minority group or examinees. "Minority group" or "minority  | 
| 22 |  | examinees" means
examinees who are American Indian or Alaska  | 
| 23 |  | Native, Asian, Black or African American, Hispanic or Latino,  | 
| 24 |  | or Native Hawaiian or Other Pacific Islander.
 | 
| 25 |  |  Correct-answer rate. "Correct-answer rate" for an item  | 
| 26 |  | means the number of
examinees
who provided the correct answer  | 
|     | 
| |  |  | SB3792 Enrolled | - 59 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | on an item divided by the number of examinees
who answered
the  | 
| 2 |  | item.
 | 
| 3 |  |  Correlation. "Correlation" means a statistical measure of  | 
| 4 |  | the relationship
between
performance on an item and  | 
| 5 |  | performance on a part of the examination.
 | 
| 6 |  |  (c) The Director shall ask each examinee to self-report on  | 
| 7 |  | a voluntary basis
on the
answer sheet, application form, or by  | 
| 8 |  | other appropriate means, the following
information:
 | 
| 9 |  |   (1) race or ethnicity (American Indian or Alaska  | 
| 10 |  | Native, Asian, Black or African American, Hispanic or  | 
| 11 |  | Latino, Native Hawaiian or Other Pacific Islander, or  | 
| 12 |  | White);
 | 
| 13 |  |   (2) education (8th grade or less; less than 12th  | 
| 14 |  | grade; high school
diploma or State of Illinois High  | 
| 15 |  | School Diploma high school equivalency certificate; some  | 
| 16 |  | college, but no 4-year degree; or 4-year degree or more);  | 
| 17 |  | and
 | 
| 18 |  |   (3) gender (male or female).
 | 
| 19 |  |  The Director must advise all examinees that they are not  | 
| 20 |  | required to provide
this
information, that they will not be  | 
| 21 |  | penalized for not doing so, and that the
Director will use the
 | 
| 22 |  | information provided exclusively for research and statistical  | 
| 23 |  | purposes and to
improve the quality
and fairness of the  | 
| 24 |  | examinations.
 | 
| 25 |  |  (d) No later than May 1 of each year, the Director must  | 
| 26 |  | prepare, publicly
announce,
and publish an Examination Report  | 
|     | 
| |  |  | SB3792 Enrolled | - 60 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | of summary statistical information relating
to each
 | 
| 2 |  | examination administered during the preceding calendar year.  | 
| 3 |  | Each Examination
Report shall
show with respect to each  | 
| 4 |  | examination:
 | 
| 5 |  |   (1) For all examinees combined and separately by race  | 
| 6 |  | or ethnicity, by
educational level, by gender, by  | 
| 7 |  | educational level within race or ethnicity, by
education
 | 
| 8 |  | level within gender, and by race or ethnicity within  | 
| 9 |  | gender:
 | 
| 10 |  |    (A) number of examinees;
 | 
| 11 |  |    (B) percentage and number of examinees who passed  | 
| 12 |  | each part;
 | 
| 13 |  |    (C) percentage and number of examinees who passed  | 
| 14 |  | all parts;
 | 
| 15 |  |    (D) mean scaled scores on each part; and
 | 
| 16 |  |    (E) standard deviation of scaled scores on each  | 
| 17 |  | part.
 | 
| 18 |  |   (2) For male examinees, female examinees, Black or  | 
| 19 |  | African American examinees,
white examinees, American  | 
| 20 |  | Indian or Alaska Native examinees, Asian examinees,  | 
| 21 |  | Hispanic or Latino
examinees, and Native Hawaiian or Other  | 
| 22 |  | Pacific Islander, respectively, with a high school diploma  | 
| 23 |  | or State of Illinois High School Diploma high school  | 
| 24 |  | equivalency certificate, the distribution
of scaled
scores  | 
| 25 |  | on each part.
 | 
| 26 |  |  No later than May 1 of each year, the Director must prepare  | 
|     | 
| |  |  | SB3792 Enrolled | - 61 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | and make
available on
request an Item Report of summary  | 
| 2 |  | statistical information relating to each
operational item on
 | 
| 3 |  | each test form administered during the preceding calendar  | 
| 4 |  | year. The Item Report
shall show, for
each operational item,  | 
| 5 |  | for all examinees combined and separately for Black or African
 | 
| 6 |  | American
examinees, white examinees, American Indian or Alaska  | 
| 7 |  | Native examinees, Asian examinees,
Hispanic or Latino  | 
| 8 |  | examinees, and Native Hawaiian or Other Pacific Islander, the  | 
| 9 |  | correct-answer rates and correlations.
 | 
| 10 |  |  The Director is not required to report separate  | 
| 11 |  | statistical information
for any group or
subgroup comprising  | 
| 12 |  | fewer than 50 examinees.
 | 
| 13 |  |  (e) The Director must obtain a regular analysis of the  | 
| 14 |  | data collected under
this
Section, and any other relevant  | 
| 15 |  | information, for purposes of the development of
new test  | 
| 16 |  | forms.
The analysis shall continue the implementation of the  | 
| 17 |  | item selection
methodology as
recommended in the Final Report  | 
| 18 |  | of the Illinois Insurance Producer's Licensing
Examination
 | 
| 19 |  | Advisory Committee dated November 19, 1991, and filed with the  | 
| 20 |  | Department
unless some other
methodology is determined by the  | 
| 21 |  | Director to be as effective in minimizing
differences between
 | 
| 22 |  | white and minority examinee pass-fail rates.
 | 
| 23 |  |  (f) The Director has the discretion to set cutoff scores  | 
| 24 |  | for the
examinations, provided
that scaled scores on test  | 
| 25 |  | forms administered after July 1, 1993, shall be made
 | 
| 26 |  | comparable to
scaled scores on test forms administered in 1991  | 
|     | 
| |  |  | SB3792 Enrolled | - 62 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | by use of professionally
acceptable methods so
as to minimize  | 
| 2 |  | changes in passing rates related to the presence or absence of
 | 
| 3 |  | or changes in
equating or scaling equations or methods or  | 
| 4 |  | content outlines. Each calendar
year, the scaled
cutoff score  | 
| 5 |  | for each part of each examination shall fluctuate by no more  | 
| 6 |  | than
the standard error
of measurement from the scaled cutoff  | 
| 7 |  | score employed during the preceding year.
 | 
| 8 |  |  (g) No later than May 1, 2003 and no later than May 1 of  | 
| 9 |  | every fourth year
thereafter,
the Director must release to the  | 
| 10 |  | public and make generally available one
representative test  | 
| 11 |  | form
and set of answer keys for each part of each examination.
 | 
| 12 |  |  (h) The Director must maintain, for a period of 3 years  | 
| 13 |  | after they are
prepared or
used, all registration forms, test  | 
| 14 |  | forms, answer sheets, operational items and
pretest items,  | 
| 15 |  | item
analyses, and other statistical analyses relating to the  | 
| 16 |  | examinations. All
personal identifying
information regarding  | 
| 17 |  | examinees and the content of test items must be
maintained  | 
| 18 |  | confidentially
as necessary for purposes of protecting the  | 
| 19 |  | personal privacy of examinees and
the maintenance of
test  | 
| 20 |  | security.
 | 
| 21 |  |  (i) In administering the examinations, the Director must  | 
| 22 |  | make such
accommodations
for examinees with disabilities as  | 
| 23 |  | are reasonably warranted by the particular disability
 | 
| 24 |  | involved,
including the provision of additional time if  | 
| 25 |  | necessary to complete an
examination or special
assistance in  | 
| 26 |  | taking an examination. | 
|     | 
| |  |  | SB3792 Enrolled | - 63 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |  (j) For the purposes of this Section: 
 | 
| 2 |  |   (1) "American Indian or Alaska Native" means a person  | 
| 3 |  | having origins in any of the original peoples of North and  | 
| 4 |  | South America, including Central America, and who  | 
| 5 |  | maintains tribal affiliation or community attachment. | 
| 6 |  |   (2) "Asian" means a person having origins in any of  | 
| 7 |  | the original peoples of the Far East, Southeast Asia, or  | 
| 8 |  | the Indian subcontinent, including, but not limited to,  | 
| 9 |  | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,  | 
| 10 |  | the Philippine Islands, Thailand, and Vietnam. | 
| 11 |  |   (3) "Black or African American" means a person having  | 
| 12 |  | origins in any of the black racial groups of Africa. | 
| 13 |  |   (4) "Hispanic or Latino" means a person of Cuban,  | 
| 14 |  | Mexican, Puerto Rican, South or Central American, or other  | 
| 15 |  | Spanish culture or origin, regardless of race. | 
| 16 |  |   (5) "Native Hawaiian or Other Pacific Islander" means  | 
| 17 |  | a person having origins in any of the original peoples of  | 
| 18 |  | Hawaii, Guam, Samoa, or other Pacific Islands. | 
| 19 |  |   (6) "White" means a person having origins in any of  | 
| 20 |  | the original peoples of Europe, the Middle East, or North  | 
| 21 |  | Africa. | 
| 22 |  | (Source: P.A. 102-465, eff. 1-1-22.)
 | 
| 23 |  |  Section 45. The Nurse Practice Act is amended by changing  | 
| 24 |  | Section 80-40 as follows: | 
|     | 
| |  |  | SB3792 Enrolled | - 64 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |  (225 ILCS 65/80-40) | 
| 2 |  |  (Section scheduled to be repealed on January 1, 2028) | 
| 3 |  |  Sec. 80-40. Licensure by examination. An applicant for  | 
| 4 |  | licensure by examination to practice as a licensed medication  | 
| 5 |  | aide
must: | 
| 6 |  |   (1) submit a completed written application on forms  | 
| 7 |  | provided by the Department and fees
as established by the  | 
| 8 |  | Department; | 
| 9 |  |   (2) be age 18 or older; | 
| 10 |  |   (3) have a high school diploma or a State of Illinois  | 
| 11 |  | High School Diploma high school equivalency certificate; | 
| 12 |  |   (4) demonstrate the ability to speak, read, and write  | 
| 13 |  | the English language, as determined by
rule; | 
| 14 |  |   (5) demonstrate competency in math, as determined by  | 
| 15 |  | rule; | 
| 16 |  |   (6) be currently certified in good standing as a  | 
| 17 |  | certified nursing assistant and provide
proof of 2,000  | 
| 18 |  | hours of practice as a certified nursing assistant within  | 
| 19 |  | 3 years before
application for licensure; | 
| 20 |  |   (7) submit to the criminal history records check  | 
| 21 |  | required under Section 50-35 of this Act; | 
| 22 |  |   (8) have not engaged in conduct or behavior determined  | 
| 23 |  | to be grounds for discipline under
this Act; | 
| 24 |  |   (9) be currently certified to perform cardiopulmonary  | 
| 25 |  | resuscitation by the American Heart
Association or  | 
| 26 |  | American Red Cross; | 
|     | 
| |  |  | SB3792 Enrolled | - 65 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |   (10) have successfully completed a course of study  | 
| 2 |  | approved by the Department as defined
by rule; to be  | 
| 3 |  | approved, the program must include a minimum of 60 hours  | 
| 4 |  | of classroom-based medication aide education, a minimum of  | 
| 5 |  | 10 hours of simulation laboratory study, and
a minimum of  | 
| 6 |  | 30 hours of registered nurse-supervised clinical practicum  | 
| 7 |  | with progressive responsibility
of patient medication  | 
| 8 |  | assistance; | 
| 9 |  |   (11) have successfully completed the Medication Aide  | 
| 10 |  | Certification Examination or other
examination authorized  | 
| 11 |  | by the Department; and | 
| 12 |  |   (12) submit proof of employment by a qualifying  | 
| 13 |  | facility.
 | 
| 14 |  | (Source: P.A. 98-990, eff. 8-18-14; 99-78, eff. 7-20-15.) | 
| 15 |  |  Section 50. The Pharmacy Practice Act is amended by  | 
| 16 |  | changing Section 9 as follows:
 | 
| 17 |  |  (225 ILCS 85/9) (from Ch. 111, par. 4129)
 | 
| 18 |  |  (Section scheduled to be repealed on January 1, 2023)
 | 
| 19 |  |  Sec. 9. Licensure as registered pharmacy technician.  | 
| 20 |  |  (a) Any person shall be entitled
to licensure as a  | 
| 21 |  | registered pharmacy technician who is of the age of 16
or over,  | 
| 22 |  | has not engaged in conduct or behavior determined to be  | 
| 23 |  | grounds for
discipline under this Act, is attending or has
 | 
| 24 |  | graduated from an accredited high school or comparable school  | 
|     | 
| |  |  | SB3792 Enrolled | - 66 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | or educational
institution or received a State of Illinois  | 
| 2 |  | High School Diploma high school equivalency certificate, and  | 
| 3 |  | has filed a written or electronic application for licensure on  | 
| 4 |  | a form
to be prescribed and furnished by the Department for  | 
| 5 |  | that purpose. The
Department shall issue a license as a  | 
| 6 |  | registered pharmacy technician to any applicant who has
 | 
| 7 |  | qualified as aforesaid, and such license shall be the sole  | 
| 8 |  | authority
required to assist licensed pharmacists in the  | 
| 9 |  | practice of pharmacy, under
the supervision of a licensed  | 
| 10 |  | pharmacist. A registered pharmacy technician may be delegated  | 
| 11 |  | to perform any task within the practice of pharmacy if  | 
| 12 |  | specifically trained for that task, except for patient  | 
| 13 |  | counseling, drug regimen review, or clinical conflict  | 
| 14 |  | resolution. | 
| 15 |  |  (b) Beginning on January 1, 2017, within 2 years after  | 
| 16 |  | initial licensure as a registered pharmacy technician, the  | 
| 17 |  | licensee must meet the requirements described in Section 9.5  | 
| 18 |  | of this Act and become licensed as a registered certified  | 
| 19 |  | pharmacy technician. If the licensee has not yet attained the  | 
| 20 |  | age of 18, then upon the next renewal as a registered pharmacy  | 
| 21 |  | technician, the licensee must meet the requirements described  | 
| 22 |  | in Section 9.5 of this Act and become licensed as a registered  | 
| 23 |  | certified pharmacy technician. This requirement does not apply  | 
| 24 |  | to pharmacy technicians registered prior to January 1, 2008.
 | 
| 25 |  |  (c) Any person registered
as a pharmacy technician who is  | 
| 26 |  | also enrolled in a first professional
degree program in  | 
|     | 
| |  |  | SB3792 Enrolled | - 67 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | pharmacy in a school or college of pharmacy or a
department of  | 
| 2 |  | pharmacy of a university approved by the Department or has  | 
| 3 |  | graduated from such a program within the last 18 months, shall  | 
| 4 |  | be
considered a "student pharmacist"
and entitled to use the  | 
| 5 |  | title "student pharmacist". A student pharmacist must meet all  | 
| 6 |  | of the requirements for licensure as a registered pharmacy  | 
| 7 |  | technician set forth in this Section excluding the requirement  | 
| 8 |  | of certification prior to the second license renewal and pay  | 
| 9 |  | the required registered pharmacy technician license fees. A  | 
| 10 |  | student pharmacist may, under the supervision of a pharmacist,  | 
| 11 |  | assist in the practice of pharmacy and perform any and all  | 
| 12 |  | functions delegated to him or her by the pharmacist.  | 
| 13 |  |  (d) Any person seeking licensure as a pharmacist who has  | 
| 14 |  | graduated from a pharmacy program outside the United States  | 
| 15 |  | must register as a pharmacy technician and shall be considered  | 
| 16 |  | a "student pharmacist" and be entitled to use the title  | 
| 17 |  | "student pharmacist" while completing the 1,200 clinical hours  | 
| 18 |  | of training approved by the Board of Pharmacy described and  | 
| 19 |  | for no more than 18 months after completion of these hours.  | 
| 20 |  | These individuals are not required to become registered  | 
| 21 |  | certified pharmacy technicians while completing their Board  | 
| 22 |  | approved clinical training, but must become licensed as a  | 
| 23 |  | pharmacist or become licensed as a registered certified  | 
| 24 |  | pharmacy technician before the second pharmacy technician  | 
| 25 |  | license renewal following completion of the Board approved  | 
| 26 |  | clinical training.  | 
|     | 
| |  |  | SB3792 Enrolled | - 68 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  |  (e) The Department shall not renew the registered pharmacy  | 
| 2 |  | technician license of any person who has been licensed as a  | 
| 3 |  | registered pharmacy technician with the designation "student  | 
| 4 |  | pharmacist" who: (1) has dropped out of or been expelled from  | 
| 5 |  | an ACPE accredited college of pharmacy; (2) has failed to  | 
| 6 |  | complete his or her 1,200 hours of Board approved clinical  | 
| 7 |  | training within 24 months; or (3) has failed the pharmacist  | 
| 8 |  | licensure examination 3 times. The Department shall require  | 
| 9 |  | these individuals to meet the requirements of and become  | 
| 10 |  | licensed as a registered certified pharmacy technician.  | 
| 11 |  |  (f) The Department may
take any action set forth in  | 
| 12 |  | Section 30 of this Act with regard to a license
pursuant to  | 
| 13 |  | this Section.
 | 
| 14 |  |  (g) Any person who is enrolled in a non-traditional  | 
| 15 |  | Pharm.D.
program at an ACPE accredited college of pharmacy and  | 
| 16 |  | is licensed as a registered pharmacist
under the laws of  | 
| 17 |  | another United States jurisdiction shall be permitted to
 | 
| 18 |  | engage in the program of practice experience required in the  | 
| 19 |  | academic program
by virtue of such license. Such person shall  | 
| 20 |  | be exempt from the requirement
of licensure as a registered  | 
| 21 |  | pharmacy technician or registered certified pharmacy  | 
| 22 |  | technician while engaged in the
program of practice experience  | 
| 23 |  | required in the academic program.
 | 
| 24 |  |  An applicant for licensure as a registered pharmacy  | 
| 25 |  | technician may assist a
pharmacist in the practice of pharmacy  | 
| 26 |  | for a period of up to
60 days prior to the issuance of a  | 
|     | 
| |  |  | SB3792 Enrolled | - 69 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | license if the
applicant has submitted the required fee and an  | 
| 2 |  | application for licensure
to the Department. The applicant  | 
| 3 |  | shall keep a copy of the submitted
application on the premises  | 
| 4 |  | where the applicant is assisting in the
practice of pharmacy.  | 
| 5 |  | The Department shall forward confirmation of receipt of the  | 
| 6 |  | application with start and expiration dates of practice  | 
| 7 |  | pending licensure.
 | 
| 8 |  | (Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 | 
| 9 |  |  Section 55. The Structural Pest Control Act is amended by  | 
| 10 |  | changing Section 5 as follows:
 | 
| 11 |  |  (225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
 | 
| 12 |  |  (Section scheduled to be repealed on December 31, 2029)
 | 
| 13 |  |  Sec. 5. Certification requirements. No individual shall  | 
| 14 |  | apply any
general use or restricted pesticide while engaged in  | 
| 15 |  | commercial structural
pest control in this State unless the  | 
| 16 |  | individual is engaged in or has completed the training  | 
| 17 |  | requirements prescribed by the Department and is certified, or  | 
| 18 |  | supervised by someone who
is certified, by the Department in  | 
| 19 |  | accordance with this Section.
 | 
| 20 |  |  No individual shall apply any restricted pesticide while  | 
| 21 |  | engaged in
non-commercial structural pest control in this  | 
| 22 |  | State unless the individual is engaged in or has completed the  | 
| 23 |  | training requirements prescribed by the Department and is  | 
| 24 |  | certified or
supervised by someone who is certified in  | 
|     | 
| |  |  | SB3792 Enrolled | - 70 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | accordance
with this Section. In addition, any individual at  | 
| 2 |  | any non-commercial
structural pest control location using  | 
| 3 |  | general use pesticides shall comply
with the labeling  | 
| 4 |  | requirements of the pesticides used at that location.
 | 
| 5 |  |  Each commercial structural pest control location shall be  | 
| 6 |  | required to
employ at least one certified technician at each  | 
| 7 |  | location. In addition,
each non-commercial structural pest  | 
| 8 |  | control location utilizing restricted
pesticides shall be  | 
| 9 |  | required to employ at least one certified technician at
each  | 
| 10 |  | location. Individuals who are not certified technicians may  | 
| 11 |  | work
under the supervision of a certified technician employed  | 
| 12 |  | at the commercial
or non-commercial location who shall be  | 
| 13 |  | responsible for their pest control
activities. Any technician  | 
| 14 |  | providing supervision for the use of restricted
pesticides  | 
| 15 |  | must be certified in the sub-category for which he is  | 
| 16 |  | providing
supervision.
 | 
| 17 |  |  A. Any individual engaging in commercial structural pest  | 
| 18 |  | control and
utilizing general use pesticides must:
 | 
| 19 |  |   1. be at least 18 years of age;  | 
| 20 |  |   2. hold a high school diploma or State of Illinois  | 
| 21 |  | High School Diploma high school equivalency certificate;  | 
| 22 |  | and 
 | 
| 23 |  |   3. have filed an original application, paid the
fee  | 
| 24 |  | required for examination, and have passed the
General  | 
| 25 |  | Standards examination.
 | 
| 26 |  |  B. Any individual engaging in commercial or non-commercial  | 
|     | 
| |  |  | SB3792 Enrolled | - 71 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | structural
pest control and supervising the use of restricted  | 
| 2 |  | pesticides in any one of the
sub-categories in Section 7 of  | 
| 3 |  | this Act must:
 | 
| 4 |  |   1. be at least 18 years of age;  | 
| 5 |  |   2. hold a high school diploma or a State of Illinois  | 
| 6 |  | High School Diploma high school equivalency certificate;  | 
| 7 |  | and 
 | 
| 8 |  |   3. have:
 | 
| 9 |  |    a. six months of practical experience in  | 
| 10 |  | structural pest control; or
 | 
| 11 |  |    b. successfully completed a minimum of 16 semester  | 
| 12 |  | hours,
or their equivalent, in entomology or related  | 
| 13 |  | fields from a
recognized college or university; or
 | 
| 14 |  |    c. successfully completed a pest control course,
 | 
| 15 |  | approved by the Department, from a recognized  | 
| 16 |  | educational
institution or other entity.
 | 
| 17 |  |  Each applicant shall have filed an original application  | 
| 18 |  | and paid the
fee required for examination. Every applicant who  | 
| 19 |  | successfully passes the
General Standards examination and at  | 
| 20 |  | least one sub-category examination
shall be certified in each  | 
| 21 |  | sub-category which he has successfully passed.
 | 
| 22 |  |  A certified technician who wishes to be certified in
 | 
| 23 |  | sub-categories for which he has not been previously certified
 | 
| 24 |  | may apply for any sub-category examination provided he meets  | 
| 25 |  | the
requirements set forth in this Section, files an original  | 
| 26 |  | application,
and pays the fee for examination.
 | 
|     | 
| |  |  | SB3792 Enrolled | - 72 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |  An applicant who fails to pass the General Standards  | 
| 2 |  | examination
or any sub-category examination may reapply for  | 
| 3 |  | that examination, provided
that he files an application and  | 
| 4 |  | pays the fee required for an original
examination.  | 
| 5 |  | Re-examination applications shall be on forms prescribed
by  | 
| 6 |  | the Department.
 | 
| 7 |  | (Source: P.A. 100-716, eff. 8-3-18.)
 | 
| 8 |  |  Section 60. The Community Association Manager Licensing  | 
| 9 |  | and Disciplinary Act is amended by changing Section 40 as  | 
| 10 |  | follows: | 
| 11 |  |  (225 ILCS 427/40) | 
| 12 |  |  (Section scheduled to be repealed on January 1, 2027) | 
| 13 |  |  Sec. 40. Qualifications for licensure as a community  | 
| 14 |  | association manager.  | 
| 15 |  |  (a) No person shall be qualified for licensure as a  | 
| 16 |  | community association manager under this Act unless the person  | 
| 17 |  | has applied in writing on the prescribed forms and has paid the  | 
| 18 |  | required, nonrefundable fees and has met all of the following  | 
| 19 |  | qualifications: | 
| 20 |  |   (1) Is at least 18 years of age. | 
| 21 |  |   (1.5) Successfully completed a 4-year course of study  | 
| 22 |  | in a high school, secondary school, or an equivalent  | 
| 23 |  | course of study approved by the state in which the school  | 
| 24 |  | is located, or possess a State of Illinois High School  | 
|     | 
| |  |  | SB3792 Enrolled | - 73 - | LRB102 25808 CMG 35148 b | 
 | 
|  | 
| 1 |  | Diploma high school equivalency certificate, which shall  | 
| 2 |  | be verified under oath by the applicant.  | 
| 3 |  |   (2) Provided satisfactory evidence of having completed  | 
| 4 |  | at least 20 classroom hours in community association  | 
| 5 |  | management courses approved by the Board. | 
| 6 |  |   (3) Passed an examination authorized by the  | 
| 7 |  | Department.
 | 
| 8 |  |   (4) Has not committed an act or acts, in this or any  | 
| 9 |  | other jurisdiction, that would be a violation of this Act. | 
| 10 |  |   (5) Is of good moral character. In determining moral  | 
| 11 |  | character under this Section, the Department may take into  | 
| 12 |  | consideration whether the applicant has engaged in conduct  | 
| 13 |  | or activities that would constitute grounds for discipline  | 
| 14 |  | under this Act. Good moral character is a continuing  | 
| 15 |  | requirement of licensure. Conviction of crimes may be used  | 
| 16 |  | in determining moral character, but shall not constitute  | 
| 17 |  | an absolute bar to licensure. | 
| 18 |  |   (6) Has not been declared by any court of competent  | 
| 19 |  | jurisdiction to be incompetent by reason of mental or  | 
| 20 |  | physical defect or disease, unless subsequently declared  | 
| 21 |  | by a court to be competent. | 
| 22 |  |   (7) Complies with any additional qualifications for  | 
| 23 |  | licensure as determined by rule of the Department. | 
| 24 |  |  (b) (Blank). | 
| 25 |  |  (c) (Blank). | 
| 26 |  |  (d) Applicants have 3 years from the date of application  | 
|     | 
| |  |  | SB3792 Enrolled | - 74 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | to complete the application process. If the process has not  | 
| 2 |  | been completed within the 3 years, the application shall be  | 
| 3 |  | denied, the fee shall be forfeited, and the applicant must  | 
| 4 |  | reapply and meet the requirements in effect at the time of  | 
| 5 |  | re-application. | 
| 6 |  |  (e) The Department shall not require applicants to report  | 
| 7 |  | the following information and shall not consider the following  | 
| 8 |  | criminal history records in connection with an application for  | 
| 9 |  | licensure: | 
| 10 |  |   (1) juvenile adjudications of delinquent minors as  | 
| 11 |  | defined in Section 5-105 of the Juvenile Court Act of 1987  | 
| 12 |  | subject to the restrictions set forth in Section 5-130 of  | 
| 13 |  | that Act; | 
| 14 |  |   (2) law enforcement records, court records, and  | 
| 15 |  | conviction records of an individual who was 17 years old  | 
| 16 |  | at the time of the offense and before January 1, 2014,  | 
| 17 |  | unless the nature of the offense required the individual  | 
| 18 |  | to be tried as an adult; | 
| 19 |  |   (3) records of arrest not followed by a charge or  | 
| 20 |  | conviction; | 
| 21 |  |   (4) records of arrest in which the charges were  | 
| 22 |  | dismissed unless related to the practice of the  | 
| 23 |  | profession; however, applicants shall not be asked to  | 
| 24 |  | report any arrests, and an arrest not followed by a  | 
| 25 |  | conviction shall not be the basis of a denial and may be  | 
| 26 |  | used only to assess an applicant's rehabilitation; | 
|     | 
| |  |  | SB3792 Enrolled | - 75 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |   (5) convictions overturned by a higher court; or | 
| 2 |  |   (6) convictions or arrests that have been sealed or  | 
| 3 |  | expunged. | 
| 4 |  |  (f) An applicant or licensee shall report to the  | 
| 5 |  | Department, in a manner prescribed by the Department, and  | 
| 6 |  | within 30 days after the occurrence if during the term of  | 
| 7 |  | licensure: (i) any conviction of or plea of guilty or nolo  | 
| 8 |  | contendere to forgery, embezzlement, obtaining money under  | 
| 9 |  | false pretenses, larceny, extortion, conspiracy to defraud, or  | 
| 10 |  | any similar offense or offenses or any conviction of a felony  | 
| 11 |  | involving moral turpitude; (ii) the entry of an administrative  | 
| 12 |  | sanction by a government agency in this State or any other  | 
| 13 |  | jurisdiction that has as an essential element dishonesty or  | 
| 14 |  | fraud or involves larceny, embezzlement, or obtaining money,  | 
| 15 |  | property, or credit by false pretenses; or (iii) any  | 
| 16 |  | conviction of or plea of guilty or nolo contendere to a crime  | 
| 17 |  | that subjects the licensee to compliance with the requirements  | 
| 18 |  | of the Sex Offender Registration Act. 
 | 
| 19 |  | (Source: P.A. 102-20, eff. 1-1-22.) | 
| 20 |  |  Section 65. The Home Inspector License Act is amended by  | 
| 21 |  | changing Section 5-10 as follows:
 | 
| 22 |  |  (225 ILCS 441/5-10)
 | 
| 23 |  |  (Section scheduled to be repealed on January 1, 2027)
 | 
| 24 |  |  Sec. 5-10. Application for home inspector license.  | 
|     | 
| |  |  | SB3792 Enrolled | - 76 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |  (a) Every natural person
who
desires to obtain a home  | 
| 2 |  | inspector license shall:
 | 
| 3 |  |   (1) apply to the Department in a manner prescribed by  | 
| 4 |  | the Department and accompanied by the required
fee; all  | 
| 5 |  | applications shall contain the information that, in the  | 
| 6 |  | judgment of the Department, enables the Department to pass  | 
| 7 |  | on the qualifications of the applicant for a license to  | 
| 8 |  | practice as a home inspector as set by rule;
 | 
| 9 |  |   (2) be at least 18 years of age;
 | 
| 10 |  |   (3) successfully complete a 4-year course of study in  | 
| 11 |  | a high school or secondary school or an equivalent course  | 
| 12 |  | of study approved by the state in which the school is  | 
| 13 |  | located, or possess a State of Illinois High School  | 
| 14 |  | Diploma high school equivalency certificate, which shall  | 
| 15 |  | be verified under oath by the applicant;
 | 
| 16 |  |   (4) personally take and pass a written examination and  | 
| 17 |  | a field examination authorized by the Department; and
 | 
| 18 |  |   (5) prior to taking the examination, provide evidence
 | 
| 19 |  | to the Department that the applicant has
successfully  | 
| 20 |  | completed the prerequisite classroom hours of instruction  | 
| 21 |  | in home
inspection, as established by rule.
 | 
| 22 |  |  (b) The Department shall not require applicants to report  | 
| 23 |  | the following information and shall not consider the following  | 
| 24 |  | criminal history records in connection with an application for  | 
| 25 |  | licensure or registration: | 
| 26 |  |   (1) juvenile adjudications of delinquent minors as  | 
|     | 
| |  |  | SB3792 Enrolled | - 77 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | defined in Section 5-105 of the Juvenile Court Act of 1987  | 
| 2 |  | subject to the restrictions set forth in Section 5-130 of  | 
| 3 |  | that Act; | 
| 4 |  |   (2) law enforcement records, court records, and  | 
| 5 |  | conviction records of an individual who was 17 years old  | 
| 6 |  | at the time of the offense and before January 1, 2014,  | 
| 7 |  | unless the nature of the offense required the individual  | 
| 8 |  | to be tried as an adult; | 
| 9 |  |   (3) records of arrest not followed by a charge or  | 
| 10 |  | conviction; | 
| 11 |  |   (4) records of arrest where the charges were dismissed  | 
| 12 |  | unless related to the practice of the profession; however,  | 
| 13 |  | applicants shall not be asked to report any arrests, and  | 
| 14 |  | an arrest not followed by a conviction shall not be the  | 
| 15 |  | basis of denial and may be used only to assess an  | 
| 16 |  | applicant's rehabilitation; | 
| 17 |  |   (5) convictions overturned by a higher court; or | 
| 18 |  |   (6) convictions or arrests that have been sealed or  | 
| 19 |  | expunged. | 
| 20 |  |  (c) An applicant or licensee shall report to the  | 
| 21 |  | Department, in a manner prescribed by the Department, upon  | 
| 22 |  | application and within 30 days after the occurrence, if during  | 
| 23 |  | the term of licensure, (i) any conviction of or plea of guilty  | 
| 24 |  | or nolo contendere to forgery, embezzlement, obtaining money  | 
| 25 |  | under false pretenses, larceny, extortion, conspiracy to  | 
| 26 |  | defraud, or any similar offense or offenses or any conviction  | 
|     | 
| |  |  | SB3792 Enrolled | - 78 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | of a felony involving moral turpitude, (ii) the entry of an  | 
| 2 |  | administrative sanction by a government agency in this State  | 
| 3 |  | or any other jurisdiction that has as an essential element  | 
| 4 |  | dishonesty or fraud or involves larceny, embezzlement, or  | 
| 5 |  | obtaining money, property, or credit by false pretenses, or  | 
| 6 |  | (iii) a crime that subjects the licensee to compliance with  | 
| 7 |  | the requirements of the Sex Offender Registration Act. | 
| 8 |  |  (d) Applicants have 3 years after the date of the  | 
| 9 |  | application to complete the application process. If the  | 
| 10 |  | process has not been completed within 3 years, the application  | 
| 11 |  | shall be denied, the fee forfeited, and the applicant must  | 
| 12 |  | reapply and meet the requirements in effect at the time of  | 
| 13 |  | reapplication.  | 
| 14 |  | (Source: P.A. 102-20, eff. 1-1-22.)
 | 
| 15 |  |  Section 70. The Real Estate License Act of 2000 is amended  | 
| 16 |  | by changing Sections 5-10, 5-27, and 5-28 as follows:
 | 
| 17 |  |  (225 ILCS 454/5-10)
 | 
| 18 |  |  (Section scheduled to be repealed on January 1, 2030)
 | 
| 19 |  |  Sec. 5-10. Requirements for license as a residential  | 
| 20 |  | leasing agent; continuing education.  | 
| 21 |  |  (a) Every applicant for licensure as a residential leasing  | 
| 22 |  | agent must meet the following qualifications: | 
| 23 |  |   (1) be at least 18 years of age; | 
| 24 |  |   (2) be of good moral
character; | 
|     | 
| |  |  | SB3792 Enrolled | - 79 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |   (3) successfully complete
a 4-year course of study in  | 
| 2 |  | a high school or secondary school or an
equivalent course  | 
| 3 |  | of
study approved by the state in which the school is  | 
| 4 |  | located, or possess a State of Illinois High School  | 
| 5 |  | Diploma high school equivalency certificate, which shall  | 
| 6 |  | be verified under oath by the applicant; | 
| 7 |  |   (4) personally take and pass a written
examination  | 
| 8 |  | authorized by the Department sufficient to demonstrate the  | 
| 9 |  | applicant's
knowledge of the
provisions of this Act  | 
| 10 |  | relating to residential leasing agents and the applicant's
 | 
| 11 |  | competence to engage in the
activities of a licensed  | 
| 12 |  | residential leasing agent; | 
| 13 |  |   (5) provide satisfactory evidence of having completed  | 
| 14 |  | 15 hours of
instruction in an approved course of study  | 
| 15 |  | relating to the leasing of residential real property. The  | 
| 16 |  | Board may recommend to the Department the number of hours  | 
| 17 |  | each topic of study shall require. The
course of study  | 
| 18 |  | shall, among other topics, cover
the provisions of this  | 
| 19 |  | Act
applicable to residential leasing agents; fair housing  | 
| 20 |  | and human rights issues relating to residential
leasing;  | 
| 21 |  | advertising and marketing issues;
leases, applications,  | 
| 22 |  | and credit and criminal background reports; owner-tenant  | 
| 23 |  | relationships and
owner-tenant laws; the handling of  | 
| 24 |  | funds; and
environmental issues relating
to residential  | 
| 25 |  | real
property; | 
| 26 |  |   (6) complete any other requirements as set forth by  | 
|     | 
| |  |  | SB3792 Enrolled | - 80 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | rule; and
 | 
| 2 |  |   (7) present a valid application for issuance of an  | 
| 3 |  | initial license accompanied by fees specified by rule. | 
| 4 |  |  (b) No applicant shall engage in any of the activities  | 
| 5 |  | covered by this Act without a valid license and until a valid  | 
| 6 |  | sponsorship has been registered with the Department. | 
| 7 |  |  (c) Successfully completed course work, completed pursuant  | 
| 8 |  | to the
requirements of this
Section, may be applied to the  | 
| 9 |  | course work requirements to obtain a managing
broker's or
 | 
| 10 |  | broker's license as provided by rule. The Board may
recommend  | 
| 11 |  | to the Department and the Department may adopt requirements  | 
| 12 |  | for approved courses, course
content, and the
approval of  | 
| 13 |  | courses, instructors, and education providers, as well as  | 
| 14 |  | education provider and instructor
fees. The Department may
 | 
| 15 |  | establish continuing education requirements for residential  | 
| 16 |  | licensed leasing agents, by
rule, consistent with the language  | 
| 17 |  | and intent of this Act, with the advice of
the Board.
 | 
| 18 |  |  (d) The continuing education requirement for residential  | 
| 19 |  | leasing agents shall consist of a single core curriculum to be  | 
| 20 |  | prescribed by the Department as recommended by the Board.  | 
| 21 |  | Leasing agents shall be required to complete no less than 8  | 
| 22 |  | hours of continuing education in the core curriculum for each  | 
| 23 |  | 2-year renewal period. The curriculum shall, at a minimum,  | 
| 24 |  | consist of a single course or courses on the subjects of fair  | 
| 25 |  | housing and human rights issues related to residential  | 
| 26 |  | leasing, advertising and marketing issues, leases,  | 
|     | 
| |  |  | SB3792 Enrolled | - 81 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | applications, credit reports, and criminal history, the  | 
| 2 |  | handling of funds, owner-tenant relationships and owner-tenant  | 
| 3 |  | laws, and environmental issues relating to residential real  | 
| 4 |  | estate.  | 
| 5 |  | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
 | 
| 6 |  |  (225 ILCS 454/5-27) | 
| 7 |  |  (Section scheduled to be repealed on January 1, 2030) | 
| 8 |  |  Sec. 5-27. Requirements for licensure as a broker.  | 
| 9 |  |  (a) Every applicant for licensure as a broker must meet  | 
| 10 |  | the following qualifications: | 
| 11 |  |   (1) Be at least 18 years of age; | 
| 12 |  |   (2) Be of good moral character; | 
| 13 |  |   (3) Successfully complete a 4-year course of study in  | 
| 14 |  | a high school or secondary school approved by the state in  | 
| 15 |  | which the school is located, or possess a State of  | 
| 16 |  | Illinois High School Diploma high school equivalency  | 
| 17 |  | certificate, which shall be verified under oath by the  | 
| 18 |  | applicant; | 
| 19 |  |   (4) (Blank); | 
| 20 |  |   (5) Provide satisfactory evidence of having completed  | 
| 21 |  | 75 hours of instruction in real estate courses approved by  | 
| 22 |  | the Department, 15 hours of which must consist of  | 
| 23 |  | situational and case studies presented in the classroom or  | 
| 24 |  | by live, interactive webinar or online distance education  | 
| 25 |  | courses; | 
|     | 
| |  |  | SB3792 Enrolled | - 82 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |   (6) Personally take and pass a written examination  | 
| 2 |  | authorized by the Department; | 
| 3 |  |   (7) Present a valid application for issuance of a  | 
| 4 |  | license accompanied by the fees specified by rule.  | 
| 5 |  |  (b) The requirements specified in items (3) and (5) of  | 
| 6 |  | subsection (a) of this Section do not apply to applicants who  | 
| 7 |  | are currently admitted to practice law by the Supreme Court of  | 
| 8 |  | Illinois and are currently in active standing. | 
| 9 |  |  (c) No applicant shall engage in any of the activities  | 
| 10 |  | covered by this Act until a valid sponsorship has been  | 
| 11 |  | registered with the Department. | 
| 12 |  |  (d) All licenses should be readily available to the public  | 
| 13 |  | at the licensee's place of business. 
 | 
| 14 |  |  (e) An individual holding an active license as a managing  | 
| 15 |  | broker may, upon written request to the Department,  | 
| 16 |  | permanently and irrevocably place his or her managing broker  | 
| 17 |  | license on inactive status and shall be issued a broker's  | 
| 18 |  | license in exchange. Any individual obtaining a broker's  | 
| 19 |  | license under this subsection (e) shall be considered as  | 
| 20 |  | having obtained a broker's license by education and passing  | 
| 21 |  | the required test and shall be treated as such in determining  | 
| 22 |  | compliance with this Act.  | 
| 23 |  | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.) | 
| 24 |  |  (225 ILCS 454/5-28) | 
| 25 |  |  (Section scheduled to be repealed on January 1, 2030) | 
|     | 
| |  |  | SB3792 Enrolled | - 83 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |  Sec. 5-28. Requirements for licensure as a managing  | 
| 2 |  | broker.  | 
| 3 |  |  (a) Every applicant for licensure as a managing broker  | 
| 4 |  | must meet the following qualifications: | 
| 5 |  |   (1) be at least 20 years of age; | 
| 6 |  |   (2) be of good moral character; | 
| 7 |  |   (3) have been licensed at least 2 consecutive years  | 
| 8 |  | out of the preceding 3 years as a broker; | 
| 9 |  |   (4) successfully complete a 4-year course of study in  | 
| 10 |  | high school or secondary school approved by the state in  | 
| 11 |  | which the school is located, or a State of Illinois High  | 
| 12 |  | School Diploma high school equivalency certificate, which  | 
| 13 |  | shall be verified under oath by the applicant; | 
| 14 |  |   (5) provide satisfactory evidence of having completed  | 
| 15 |  | at least 165 hours, 120 of which shall be those hours  | 
| 16 |  | required pre-licensure and post-licensure to obtain a  | 
| 17 |  | broker's license, and 45 additional hours completed within  | 
| 18 |  | the year immediately preceding the filing of an  | 
| 19 |  | application for a managing broker's license, which hours  | 
| 20 |  | shall focus on brokerage administration and management and  | 
| 21 |  | residential leasing agent management and include at least  | 
| 22 |  | 15 hours in the classroom or by live, interactive webinar  | 
| 23 |  | or online distance education courses; | 
| 24 |  |   (6) personally take and pass a written examination  | 
| 25 |  | authorized by the Department; and | 
| 26 |  |   (7) submit a valid application for issuance of a  | 
|     | 
| |  |  | SB3792 Enrolled | - 84 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | license accompanied by the fees specified by rule.  | 
| 2 |  |  (b) The requirements specified in item (5) of subsection  | 
| 3 |  | (a) of this Section do not apply to applicants who are  | 
| 4 |  | currently admitted to practice law by the Supreme Court of  | 
| 5 |  | Illinois and are currently in active standing. 
 | 
| 6 |  | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.) | 
| 7 |  |  Section 75. The Illinois Public Aid Code is amended by  | 
| 8 |  | changing Sections 4-1.9 and 9A-8 as follows:
 | 
| 9 |  |  (305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9)
 | 
| 10 |  |  Sec. 4-1.9. Participation in Educational and Vocational  | 
| 11 |  | Training Programs. 
 | 
| 12 |  |  (a) A parent or parents and a child age 16 or over not in  | 
| 13 |  | regular
attendance
in school, as defined in Section 4-1.1 as  | 
| 14 |  | that Section existed on August 26,
1969 (the effective date of  | 
| 15 |  | Public Act 76-1047), for whom education and
training is  | 
| 16 |  | suitable, must participate in the educational and vocational
 | 
| 17 |  | training programs provided pursuant to Article IXA.
 | 
| 18 |  |  (b) A parent who is less than 20 years of age and who has  | 
| 19 |  | not
received a
high school diploma or State of Illinois High  | 
| 20 |  | School Diploma high school equivalency certificate is required  | 
| 21 |  | to be
enrolled in school or in an educational program that is  | 
| 22 |  | expected to result in
the receipt of a high school diploma or  | 
| 23 |  | State of Illinois High School Diploma high school equivalency  | 
| 24 |  | certificate,
except 18 and 19 year old parents may be assigned  | 
|     | 
| |  |  | SB3792 Enrolled | - 85 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | to work activities or
training if it is determined based on an  | 
| 2 |  | individualized assessment that
secondary school is  | 
| 3 |  | inappropriate.
 | 
| 4 |  | (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
 | 
| 5 |  |  (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
 | 
| 6 |  |  Sec. 9A-8. Operation of program. 
 | 
| 7 |  |  (a) At the time of application or redetermination of  | 
| 8 |  | eligibility under
Article IV, as determined by rule, the  | 
| 9 |  | Illinois Department shall provide
information in writing and  | 
| 10 |  | orally regarding the education, training and
employment  | 
| 11 |  | program to all applicants and recipients. The information
 | 
| 12 |  | required shall be established by rule and shall include, but  | 
| 13 |  | need not be
limited to:
 | 
| 14 |  |   (1) education (including literacy training),  | 
| 15 |  | employment and training
opportunities available, the  | 
| 16 |  | criteria for approval of those opportunities,
and the  | 
| 17 |  | right to request changes in the personal responsibility  | 
| 18 |  | and
services plan to include those opportunities;
 | 
| 19 |  |   (1.1) a complete list of all activities that are  | 
| 20 |  | approvable activities, and
the circumstances under which  | 
| 21 |  | they are
approvable, including work activities, substance  | 
| 22 |  | use disorder or mental health
treatment, activities to  | 
| 23 |  | escape and prevent domestic
violence, caring for a  | 
| 24 |  | medically impaired family member, and any other
approvable  | 
| 25 |  | activities, together with the right to and
procedures for  | 
|     | 
| |  |  | SB3792 Enrolled | - 86 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | amending the responsibility and services plan to include  | 
| 2 |  | these
activities;
 | 
| 3 |  |   (1.2) the rules concerning the lifetime limit on  | 
| 4 |  | eligibility, including
the current status of the applicant  | 
| 5 |  | or recipient in
terms of the months of remaining  | 
| 6 |  | eligibility, the criteria under which a month
will not  | 
| 7 |  | count towards the lifetime limit, and the
criteria under  | 
| 8 |  | which a recipient may receive benefits beyond the end of  | 
| 9 |  | the
lifetime limit;
 | 
| 10 |  |   (2) supportive services including child care
and the  | 
| 11 |  | rules regarding eligibility for and access to the child
 | 
| 12 |  | care assistance program, transportation, initial expenses  | 
| 13 |  | of employment, job
retention, books and fees, and any  | 
| 14 |  | other supportive
services;
 | 
| 15 |  |   (3) the obligation of the Department to provide  | 
| 16 |  | supportive services;
 | 
| 17 |  |   (4) the rights and responsibilities of participants,  | 
| 18 |  | including
exemption, sanction, reconciliation, and good  | 
| 19 |  | cause criteria and
procedures, termination for  | 
| 20 |  | non-cooperation
and reinstatement rules and procedures,  | 
| 21 |  | and appeal and grievance procedures;
and
 | 
| 22 |  |   (5) the types and locations of child care services.
 | 
| 23 |  |  (b) The Illinois
Department shall notify the recipient in  | 
| 24 |  | writing of the opportunity to
volunteer to participate in the  | 
| 25 |  | program.
 | 
| 26 |  |  (c) (Blank).
 | 
|     | 
| |  |  | SB3792 Enrolled | - 87 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |  (d) As part of the personal plan for achieving employment  | 
| 2 |  | and
self-sufficiency, the Department shall conduct an  | 
| 3 |  | individualized assessment
of
the
participant's employability.  | 
| 4 |  | No participant may be assigned to any
component of the  | 
| 5 |  | education, training and employment activity
prior to such
 | 
| 6 |  | assessment. The plan shall
include collection of
information
 | 
| 7 |  | on the individual's background, proficiencies, skills  | 
| 8 |  | deficiencies,
education level, work history, employment goals,  | 
| 9 |  | interests, aptitudes, and
employment preferences, as well as  | 
| 10 |  | factors affecting employability or
ability to meet  | 
| 11 |  | participation requirements (e.g., health, physical or
mental  | 
| 12 |  | limitations, child care, family circumstances, domestic  | 
| 13 |  | violence, sexual violence,
substance use disorders, and  | 
| 14 |  | special needs of any child of the individual). As part
of the  | 
| 15 |  | plan,
individuals and Department staff shall work together to  | 
| 16 |  | identify any
supportive service needs required to enable the  | 
| 17 |  | client to participate and
meet the objectives of his or her  | 
| 18 |  | employability plan. The
assessment may be conducted through  | 
| 19 |  | various methods such as interviews,
testing, counseling, and  | 
| 20 |  | self-assessment instruments. In the
assessment process, the  | 
| 21 |  | Department shall offer to include standard
literacy testing
 | 
| 22 |  | and a determination of
English language proficiency and shall  | 
| 23 |  | provide it for those who accept the
offer.
Based on the  | 
| 24 |  | assessment,
the
individual will be assigned to the appropriate  | 
| 25 |  | activity. The
decision will be based on a determination of the  | 
| 26 |  | individual's level of
preparation for employment as defined by  | 
|     | 
| |  |  | SB3792 Enrolled | - 88 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | rule. 
 | 
| 2 |  |  (e) Recipients determined to be exempt may volunteer to  | 
| 3 |  | participate
pursuant to Section 9A-4 and must be assessed.
 | 
| 4 |  |  (f) As part of the personal plan for achieving employment  | 
| 5 |  | and
self-sufficiency under Section 4-1, an employability plan  | 
| 6 |  | for recipients
shall be
developed in
consultation with the  | 
| 7 |  | participant. The Department shall have final
responsibility  | 
| 8 |  | for approving the employability plan. The employability
plan  | 
| 9 |  | shall:
 | 
| 10 |  |   (1) contain an employment goal of the participant;
 | 
| 11 |  |   (2) describe the services to be provided by the  | 
| 12 |  | Department, including
child care and other support  | 
| 13 |  | services;
 | 
| 14 |  |   (3) describe the activities, such as component  | 
| 15 |  | assignment, that will be
undertaken by the participant to  | 
| 16 |  | achieve the employment goal. The Department shall treat  | 
| 17 |  | participation in high school and high school equivalency  | 
| 18 |  | programs as a core activity and count participation in  | 
| 19 |  | high school and high school equivalency programs toward  | 
| 20 |  | the first 20 hours per week of participation. The  | 
| 21 |  | Department shall approve participation in high school or  | 
| 22 |  | high school equivalency programs upon written or oral  | 
| 23 |  | request of the participant if he or she has not already  | 
| 24 |  | earned a high school diploma or a State of Illinois High  | 
| 25 |  | School Diploma high school equivalency certificate.  | 
| 26 |  | However, participation in high school or high school  | 
|     | 
| |  |  | SB3792 Enrolled | - 89 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | equivalency programs may be delayed as part of an  | 
| 2 |  | applicant's or recipient's personal plan for achieving  | 
| 3 |  | employment and self-sufficiency if it is determined that  | 
| 4 |  | the benefit from participating in another activity, such  | 
| 5 |  | as, but not limited to, treatment for a substance use  | 
| 6 |  | disorder or an English proficiency program, would be  | 
| 7 |  | greater to the applicant or recipient than participation  | 
| 8 |  | in high school or a high school equivalency program. The  | 
| 9 |  | availability of high school and high school equivalency  | 
| 10 |  | programs may also delay enrollment in those programs. The  | 
| 11 |  | Department shall treat such activities as a core activity  | 
| 12 |  | as long as satisfactory progress is made, as determined by  | 
| 13 |  | the high school or high school equivalency program. Proof  | 
| 14 |  | of satisfactory progress shall be provided by the  | 
| 15 |  | participant or the school at the end of each academic  | 
| 16 |  | term; and
 | 
| 17 |  |   (4) describe any other needs of the family that might  | 
| 18 |  | be met by
the Department.
 | 
| 19 |  |  (g) The employability plan shall take into account:
 | 
| 20 |  |   (1) available program resources;
 | 
| 21 |  |   (2) the participant's support service needs;
 | 
| 22 |  |   (3) the participant's skills level and aptitudes;
 | 
| 23 |  |   (4) local employment opportunities; and
 | 
| 24 |  |   (5) the preferences of the
participant.
 | 
| 25 |  |  (h) A reassessment shall be conducted to assess a  | 
| 26 |  | participant's
progress and to review the employability plan on  | 
|     | 
| |  |  | SB3792 Enrolled | - 90 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | the following occasions:
 | 
| 2 |  |   (1) upon completion of an activity and before
 | 
| 3 |  | assignment to an activity;
 | 
| 4 |  |   (2) upon the request of the participant;
 | 
| 5 |  |   (3) if the individual is not cooperating with the  | 
| 6 |  | requirements of
the program; and
 | 
| 7 |  |   (4) if the individual has failed to make satisfactory  | 
| 8 |  | progress in an
education or training program.
 | 
| 9 |  |  Based on the reassessment, the Department may revise the  | 
| 10 |  | employability
plan of the participant.
 | 
| 11 |  | (Source: P.A. 99-746, eff. 1-1-17; 100-759, eff. 1-1-19.)
 | 
| 12 |  |  Section 80. The Firearm Concealed Carry Act is amended by  | 
| 13 |  | changing Section 80 as follows: | 
| 14 |  |  (430 ILCS 66/80) | 
| 15 |  |  Sec. 80. Certified firearms instructors.  | 
| 16 |  |  (a) Within 60 days of the effective date of this Act, the  | 
| 17 |  | Illinois State Police shall begin approval of certified  | 
| 18 |  | firearms instructors and enter certified firearms instructors  | 
| 19 |  | into an online registry on the Illinois State Police's  | 
| 20 |  | website. | 
| 21 |  |  (b) A person who is not a certified firearms instructor  | 
| 22 |  | shall not teach applicant training courses or advertise or  | 
| 23 |  | otherwise represent courses they teach as qualifying their  | 
| 24 |  | students to meet the requirements to receive a license under  | 
|     | 
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|  | 
| 1 |  | this Act. Each violation of this subsection is a business  | 
| 2 |  | offense with a fine of at least $1,000 per violation. | 
| 3 |  |  (c) A person seeking to become a certified firearms  | 
| 4 |  | instructor shall: | 
| 5 |  |   (1) be at least 21 years of age; | 
| 6 |  |   (2) be a legal resident of the United States; and | 
| 7 |  |   (3) meet the requirements of Section 25 of this Act,  | 
| 8 |  | except for the Illinois residency
requirement in item  | 
| 9 |  | (xiv) of paragraph (2) of subsection (a) of Section 4 of  | 
| 10 |  | the Firearm
Owners Identification Card Act; and any  | 
| 11 |  | additional uniformly applied requirements established by  | 
| 12 |  | the Illinois State Police. | 
| 13 |  |  (d) A person seeking to become a certified firearms  | 
| 14 |  | instructor, in addition to the requirements of subsection (c)  | 
| 15 |  | of this Section, shall: | 
| 16 |  |   (1) possess a high school diploma or State of Illinois  | 
| 17 |  | High School Diploma high school equivalency certificate;  | 
| 18 |  | and | 
| 19 |  |   (2) have at least one of the following valid firearms  | 
| 20 |  | instructor certifications: | 
| 21 |  |    (A) certification from a law enforcement agency; | 
| 22 |  |    (B) certification from a firearm instructor course  | 
| 23 |  | offered by a State or federal governmental agency; | 
| 24 |  |    (C) certification from a firearm instructor  | 
| 25 |  | qualification course offered by the Illinois Law  | 
| 26 |  | Enforcement Training Standards Board; or | 
|     | 
| |  |  | SB3792 Enrolled | - 92 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |    (D) certification from an entity approved by the  | 
| 2 |  | Illinois State Police that offers firearm instructor  | 
| 3 |  | education and training in the use and safety of  | 
| 4 |  | firearms. | 
| 5 |  |  (e) A person may have his or her firearms instructor  | 
| 6 |  | certification denied or revoked if he or she does not meet the  | 
| 7 |  | requirements to obtain a license under this Act, provides  | 
| 8 |  | false or misleading information to the Illinois State Police,  | 
| 9 |  | or has had a prior instructor certification revoked or denied  | 
| 10 |  | by the Illinois State Police.
 | 
| 11 |  | (Source: P.A. 102-538, eff. 8-20-21.) | 
| 12 |  |  Section 85. The Illinois Vehicle Code is amended by  | 
| 13 |  | changing Sections 6-107 and 6-408.5 as follows:
 | 
| 14 |  |  (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
 | 
| 15 |  |  Sec. 6-107. Graduated license. 
 | 
| 16 |  |  (a) The purpose of the Graduated
Licensing Program is to  | 
| 17 |  | develop safe and mature driving habits in young,
inexperienced  | 
| 18 |  | drivers and reduce or prevent motor vehicle accidents,
 | 
| 19 |  | fatalities,
and injuries by:
 | 
| 20 |  |   (1) providing for an increase in the time of practice  | 
| 21 |  | period before
granting
permission to obtain a driver's  | 
| 22 |  | license;
 | 
| 23 |  |   (2) strengthening driver licensing and testing  | 
| 24 |  | standards for persons under
the age of 21 years;
 | 
|     | 
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|  | 
| 1 |  |   (3) sanctioning driving privileges of drivers under  | 
| 2 |  | age 21 who have
committed serious traffic violations or  | 
| 3 |  | other specified offenses; and
 | 
| 4 |  |   (4) setting stricter standards to promote the public's  | 
| 5 |  | health and
safety.
 | 
| 6 |  |  (b) The application of any person under
the age of 18  | 
| 7 |  | years, and not legally emancipated, for a drivers
license or  | 
| 8 |  | permit to operate a motor vehicle issued under the laws of this
 | 
| 9 |  | State, shall be accompanied by the written consent of either  | 
| 10 |  | parent of the
applicant; otherwise by the guardian having  | 
| 11 |  | custody of the applicant, or
in the event there is no parent or  | 
| 12 |  | guardian, then by another responsible adult. The written  | 
| 13 |  | consent must accompany any application for a driver's license  | 
| 14 |  | under this subsection (b), regardless of whether or not the  | 
| 15 |  | required written consent also accompanied the person's  | 
| 16 |  | previous application for an instruction permit.
 | 
| 17 |  |  No graduated driver's license shall be issued to any  | 
| 18 |  | applicant under 18
years
of age, unless the applicant is at  | 
| 19 |  | least 16 years of age and has:
 | 
| 20 |  |   (1) Held a valid instruction permit for a minimum of 9  | 
| 21 |  | months.
 | 
| 22 |  |   (2) Passed an approved driver education course
and  | 
| 23 |  | submits proof of having passed the course as may
be  | 
| 24 |  | required.
 | 
| 25 |  |   (3) Certification by the parent, legal guardian, or  | 
| 26 |  | responsible adult that
the applicant has had a minimum of  | 
|     | 
| |  |  | SB3792 Enrolled | - 94 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | 50 hours of behind-the-wheel practice time, at least 10  | 
| 2 |  | hours of which have been at night,
and is sufficiently  | 
| 3 |  | prepared and able to safely operate a motor vehicle.
 | 
| 4 |  |  (b-1) No graduated
driver's license shall be issued to any  | 
| 5 |  | applicant who is under 18 years of age
and not legally  | 
| 6 |  | emancipated, unless the applicant has graduated
from a  | 
| 7 |  | secondary school of this State or any other state, is enrolled  | 
| 8 |  | in a
course leading to a State of Illinois High School Diploma  | 
| 9 |  | high school equivalency certificate, has
obtained a State of  | 
| 10 |  | Illinois High School Diploma high school equivalency  | 
| 11 |  | certificate, is enrolled in an elementary or secondary school  | 
| 12 |  | or college or university
of this State or any other state and  | 
| 13 |  | is not a chronic or habitual truant as provided in Section  | 
| 14 |  | 26-2a of the School Code, or is receiving home instruction and  | 
| 15 |  | submits proof of meeting any of those
requirements at the time  | 
| 16 |  | of application.
 | 
| 17 |  |  An applicant under 18 years of age who provides proof  | 
| 18 |  | acceptable to the Secretary that the applicant has resumed  | 
| 19 |  | regular school attendance or home instruction or that his or  | 
| 20 |  | her application was denied in error shall be eligible to  | 
| 21 |  | receive a graduated license if other requirements are met. The  | 
| 22 |  | Secretary shall adopt rules for implementing this subsection  | 
| 23 |  | (b-1).
 | 
| 24 |  |  (c) No graduated driver's license or permit shall be  | 
| 25 |  | issued to
any applicant under 18
years of age who has committed  | 
| 26 |  | the offense of operating a motor vehicle
without a valid  | 
|     | 
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|  | 
| 1 |  | license or permit in violation of Section 6-101 of this Code
or  | 
| 2 |  | a similar out of state offense and no graduated driver's
 | 
| 3 |  | license or permit shall be issued to any applicant under 18  | 
| 4 |  | years of age
who has committed an offense that would otherwise  | 
| 5 |  | result in a
mandatory revocation of a license or permit as  | 
| 6 |  | provided in Section 6-205 of
this Code or who has been either  | 
| 7 |  | convicted of or adjudicated a delinquent based
upon a  | 
| 8 |  | violation of the Cannabis Control Act, the Illinois Controlled
 | 
| 9 |  | Substances Act, the Use of Intoxicating Compounds Act, or the  | 
| 10 |  | Methamphetamine Control and Community Protection Act while  | 
| 11 |  | that individual was in actual physical control of a motor
 | 
| 12 |  | vehicle. For purposes of this Section, any person placed on  | 
| 13 |  | probation under
Section 10 of the Cannabis Control Act,  | 
| 14 |  | Section 410 of the Illinois
Controlled Substances Act, or  | 
| 15 |  | Section 70 of the Methamphetamine Control and Community  | 
| 16 |  | Protection Act shall not be considered convicted. Any person  | 
| 17 |  | found
guilty of this offense, while in actual physical control  | 
| 18 |  | of a motor vehicle,
shall have an entry made in the court  | 
| 19 |  | record by the judge that this offense did
occur while the  | 
| 20 |  | person was in actual physical control of a motor vehicle and
 | 
| 21 |  | order the clerk of the court to report the violation to the  | 
| 22 |  | Secretary of State
as such.
 | 
| 23 |  |  (d) No graduated driver's license shall be issued for 9  | 
| 24 |  | months to any
applicant
under
the
age of 18 years who has  | 
| 25 |  | committed and subsequently been convicted of an offense  | 
| 26 |  | against traffic regulations governing the movement of  | 
|     | 
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|  | 
| 1 |  | vehicles, any violation of this Section or Section 12-603.1 of  | 
| 2 |  | this Code, or who has received a disposition of court  | 
| 3 |  | supervision for a violation of Section 6-20 of the Illinois  | 
| 4 |  | Liquor Control Act of 1934 or a similar provision of a local  | 
| 5 |  | ordinance.
 | 
| 6 |  |  (e) No graduated driver's license holder under the age
of  | 
| 7 |  | 18 years shall operate any
motor vehicle, except a motor  | 
| 8 |  | driven cycle or motorcycle, with
more than one passenger in  | 
| 9 |  | the front seat of the motor vehicle
and no more passengers in  | 
| 10 |  | the back seats than the number of available seat
safety belts  | 
| 11 |  | as set forth in Section 12-603 of this Code. If a graduated  | 
| 12 |  | driver's license holder over the age of 18 committed an  | 
| 13 |  | offense against traffic regulations governing the movement of  | 
| 14 |  | vehicles or any violation of this Section or Section 12-603.1  | 
| 15 |  | of this Code in the 6 months prior to the graduated driver's  | 
| 16 |  | license holder's 18th birthday, and was subsequently convicted  | 
| 17 |  | of the violation, the provisions of this paragraph shall  | 
| 18 |  | continue to apply until such time as a period of 6 consecutive  | 
| 19 |  | months has elapsed without an additional violation and  | 
| 20 |  | subsequent conviction of an offense against traffic  | 
| 21 |  | regulations governing the movement of vehicles or any  | 
| 22 |  | violation of this Section or Section 12-603.1 of this Code.
 | 
| 23 |  |  (f) (Blank).
 | 
| 24 |  |  (g) If a graduated driver's license holder is under the  | 
| 25 |  | age of 18 when he
or she receives the license, for the first 12  | 
| 26 |  | months he or she holds the license
or
until he or she reaches  | 
|     | 
| |  |  | SB3792 Enrolled | - 97 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | the age of 18, whichever occurs sooner, the graduated
license
 | 
| 2 |  | holder may not operate a motor vehicle with more than one  | 
| 3 |  | passenger in the
vehicle
who is under the age of 20, unless any  | 
| 4 |  | additional passenger or passengers are
siblings,  | 
| 5 |  | step-siblings, children, or stepchildren of the driver. If a  | 
| 6 |  | graduated driver's license holder committed an offense against  | 
| 7 |  | traffic regulations governing the movement of vehicles or any  | 
| 8 |  | violation of this Section or Section 12-603.1 of this Code  | 
| 9 |  | during the first 12 months the license is held and  | 
| 10 |  | subsequently is convicted of the violation, the provisions of  | 
| 11 |  | this paragraph shall remain in effect until such time as a  | 
| 12 |  | period of 6 consecutive months has elapsed without an  | 
| 13 |  | additional violation and subsequent conviction of an offense  | 
| 14 |  | against traffic regulations governing the movement of vehicles  | 
| 15 |  | or any violation of this Section or Section 12-603.1 of this  | 
| 16 |  | Code.
 | 
| 17 |  |  (h) It shall be an offense for a person that is age 15, but  | 
| 18 |  | under age 20, to be a passenger in a vehicle operated by a  | 
| 19 |  | driver holding a graduated driver's license during the first  | 
| 20 |  | 12 months the driver holds the license or until the driver  | 
| 21 |  | reaches the age of 18, whichever occurs sooner, if another  | 
| 22 |  | passenger under the age of 20 is present, excluding a sibling,  | 
| 23 |  | step-sibling, child, or step-child of the driver.
 | 
| 24 |  |  (i) No graduated driver's license shall be issued to any  | 
| 25 |  | applicant under the age of 18 years if the applicant has been  | 
| 26 |  | issued a traffic citation for which a disposition has not been  | 
|     | 
| |  |  | SB3792 Enrolled | - 98 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | rendered at the time of application.  | 
| 2 |  | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12;  | 
| 3 |  | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15.)
 | 
| 4 |  |  (625 ILCS 5/6-408.5)
 | 
| 5 |  |  Sec. 6-408.5. Courses for students or high school  | 
| 6 |  | dropouts; limitation. 
 | 
| 7 |  |  (a) No driver training school
or driving training  | 
| 8 |  | instructor licensed under this Act may request a
certificate  | 
| 9 |  | of completion from the Secretary of State as provided in  | 
| 10 |  | Section
6-411 for any person who is enrolled as a
student in  | 
| 11 |  | any public or non-public secondary school at the time such
 | 
| 12 |  | instruction is to be provided, or who was so enrolled during  | 
| 13 |  | the semester last
ended if that instruction is to be provided  | 
| 14 |  | between semesters or during the
summer after the regular  | 
| 15 |  | school term ends, unless that student has received a
passing  | 
| 16 |  | grade in at least 8 courses during the 2 semesters last ending  | 
| 17 |  | prior to
requesting a certificate of completion from the  | 
| 18 |  | Secretary of State for the
student. 
 | 
| 19 |  |  (b) No driver training school or driving training  | 
| 20 |  | instructor licensed under
this Act may request a certificate  | 
| 21 |  | of completion from the Secretary of State as
provided in  | 
| 22 |  | Section 6-411 for any person who has dropped out of school and  | 
| 23 |  | has
not yet attained the age of 18 years unless the driver  | 
| 24 |  | training school or
driving training instructor has: 1)  | 
| 25 |  | obtained written documentation verifying
the
dropout's  | 
|     | 
| |  |  | SB3792 Enrolled | - 99 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | enrollment in a high school equivalency testing or alternative  | 
| 2 |  | education program or has obtained
a copy of the dropout's  | 
| 3 |  | State of Illinois High School Diploma high school equivalency  | 
| 4 |  | certificate; 2) obtained verification that the
student prior  | 
| 5 |  | to dropping out had received a passing grade in at least 8
 | 
| 6 |  | courses during the 2 previous
semesters last ending prior to  | 
| 7 |  | requesting a certificate of completion; or 3)
obtained written  | 
| 8 |  | consent from the dropout's parents or guardians and the
 | 
| 9 |  | regional superintendent.
 | 
| 10 |  |  (c) Students shall be informed of the
eligibility  | 
| 11 |  | requirements of this Act
in writing at the time of  | 
| 12 |  | registration.
 | 
| 13 |  |  (d) The superintendent of schools of the
school district  | 
| 14 |  | in which the student resides and attends school or in which
the  | 
| 15 |  | student resides at the time he or she drops out of school (with  | 
| 16 |  | respect
to a public high school student or a dropout from the  | 
| 17 |  | public high school)
or the chief school administrator (with
 | 
| 18 |  | respect to a student who attends a non-public high school or a  | 
| 19 |  | dropout from a
non-public high school) may waive the  | 
| 20 |  | requirements of this Section if the superintendent
or chief  | 
| 21 |  | school administrator, as the case
may be, deems it to be in the  | 
| 22 |  | best interests of the student or dropout.
Before requesting a  | 
| 23 |  | certificate of completion from the Secretary of State
for any  | 
| 24 |  | person who is enrolled
as
a student in any public or non-public  | 
| 25 |  | secondary school or who was so enrolled
in the semester last  | 
| 26 |  | ending prior to the request for a certificate of
completion  | 
|     | 
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|  | 
| 1 |  | from the Secretary of State or who is of high school age, the  | 
| 2 |  | driver
training school shall
determine from the school  | 
| 3 |  | district in which that person resides or resided at
the time of  | 
| 4 |  | dropping out of school, or from the
chief administrator of the  | 
| 5 |  | non-public high school attended or last
attended by such  | 
| 6 |  | person, as
the case may be, that such person is not ineligible  | 
| 7 |  | to receive a certificate
of completion under this Section.
 | 
| 8 |  | (Source: P.A. 98-718, eff. 1-1-15.)
 | 
| 9 |  |  Section 90. The Unified Code of Corrections is amended by  | 
| 10 |  | changing Sections 3-6-3, 3-6-8, and 5-8-1.3 as follows:
 | 
| 11 |  |  (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
 | 
| 12 |  |  Sec. 3-6-3. Rules and regulations for sentence credit. 
 | 
| 13 |  |  (a)(1) The Department of Corrections shall prescribe rules
 | 
| 14 |  | and regulations for awarding and revoking sentence credit for  | 
| 15 |  | persons committed to the Department which shall
be subject to  | 
| 16 |  | review by the Prisoner Review Board.
 | 
| 17 |  |  (1.5) As otherwise provided by law, sentence credit may be  | 
| 18 |  | awarded for the following:  | 
| 19 |  |   (A) successful completion of programming while in  | 
| 20 |  | custody of the Department or while in custody prior to  | 
| 21 |  | sentencing;  | 
| 22 |  |   (B) compliance with the rules and regulations of the  | 
| 23 |  | Department; or  | 
| 24 |  |   (C) service to the institution, service to a  | 
|     | 
| |  |  | SB3792 Enrolled | - 101 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | community, or service to the State.  | 
| 2 |  |  (2) Except as provided in paragraph (4.7) of this  | 
| 3 |  | subsection (a), the rules and regulations on sentence credit  | 
| 4 |  | shall provide, with
respect to offenses listed in clause (i),  | 
| 5 |  | (ii), or (iii) of this paragraph (2) committed on or after June  | 
| 6 |  | 19, 1998 or with respect to the offense listed in clause (iv)  | 
| 7 |  | of this paragraph (2) committed on or after June 23, 2005 (the  | 
| 8 |  | effective date of Public Act 94-71) or with
respect to offense  | 
| 9 |  | listed in clause (vi)
committed on or after June 1, 2008 (the  | 
| 10 |  | effective date of Public Act 95-625)
or with respect to the  | 
| 11 |  | offense of being an armed habitual criminal committed on or  | 
| 12 |  | after August 2, 2005 (the effective date of Public Act 94-398)  | 
| 13 |  | or with respect to the offenses listed in clause (v) of this  | 
| 14 |  | paragraph (2) committed on or after August 13, 2007 (the  | 
| 15 |  | effective date of Public Act 95-134) or with respect to the  | 
| 16 |  | offense of aggravated domestic battery committed on or after  | 
| 17 |  | July 23, 2010 (the effective date of Public Act 96-1224) or  | 
| 18 |  | with respect to the offense of attempt to commit terrorism  | 
| 19 |  | committed on or after January 1, 2013 (the effective date of  | 
| 20 |  | Public Act 97-990), the following:
 | 
| 21 |  |   (i) that a prisoner who is serving a term of  | 
| 22 |  | imprisonment for first
degree murder or for the offense of  | 
| 23 |  | terrorism shall receive no sentence
credit and shall serve  | 
| 24 |  | the entire
sentence imposed by the court;
 | 
| 25 |  |   (ii) that a prisoner serving a sentence for attempt to  | 
| 26 |  | commit terrorism, attempt to commit first
degree murder,  | 
|     | 
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|  | 
| 1 |  | solicitation of murder, solicitation of murder for hire,
 | 
| 2 |  | intentional homicide of an unborn child, predatory  | 
| 3 |  | criminal sexual assault of a
child, aggravated criminal  | 
| 4 |  | sexual assault, criminal sexual assault, aggravated
 | 
| 5 |  | kidnapping, aggravated battery with a firearm as described  | 
| 6 |  | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),  | 
| 7 |  | or (e)(4) of Section 12-3.05, heinous battery as described  | 
| 8 |  | in Section 12-4.1 or subdivision (a)(2) of Section  | 
| 9 |  | 12-3.05, being an armed habitual criminal, aggravated
 | 
| 10 |  | battery of a senior citizen as described in Section 12-4.6  | 
| 11 |  | or subdivision (a)(4) of Section 12-3.05, or aggravated  | 
| 12 |  | battery of a child as described in Section 12-4.3 or  | 
| 13 |  | subdivision (b)(1) of Section 12-3.05 shall receive no
 | 
| 14 |  | more than 4.5 days of sentence credit for each month of his  | 
| 15 |  | or her sentence
of imprisonment;
 | 
| 16 |  |   (iii) that a prisoner serving a sentence
for home  | 
| 17 |  | invasion, armed robbery, aggravated vehicular hijacking,
 | 
| 18 |  | aggravated discharge of a firearm, or armed violence with  | 
| 19 |  | a category I weapon
or category II weapon, when the court
 | 
| 20 |  | has made and entered a finding, pursuant to subsection  | 
| 21 |  | (c-1) of Section 5-4-1
of this Code, that the conduct  | 
| 22 |  | leading to conviction for the enumerated offense
resulted  | 
| 23 |  | in great bodily harm to a victim, shall receive no more  | 
| 24 |  | than 4.5 days
of sentence credit for each month of his or  | 
| 25 |  | her sentence of imprisonment;
 | 
| 26 |  |   (iv) that a prisoner serving a sentence for aggravated  | 
|     | 
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|  | 
| 1 |  | discharge of a firearm, whether or not the conduct leading  | 
| 2 |  | to conviction for the offense resulted in great bodily  | 
| 3 |  | harm to the victim, shall receive no more than 4.5 days of  | 
| 4 |  | sentence credit for each month of his or her sentence of  | 
| 5 |  | imprisonment;
 | 
| 6 |  |   (v) that a person serving a sentence for gunrunning,  | 
| 7 |  | narcotics racketeering, controlled substance trafficking,  | 
| 8 |  | methamphetamine trafficking, drug-induced homicide,  | 
| 9 |  | aggravated methamphetamine-related child endangerment,  | 
| 10 |  | money laundering pursuant to clause (c) (4) or (5) of  | 
| 11 |  | Section 29B-1 of the Criminal Code of 1961 or the Criminal  | 
| 12 |  | Code of 2012, or a Class X felony conviction for delivery  | 
| 13 |  | of a controlled substance, possession of a controlled  | 
| 14 |  | substance with intent to manufacture or deliver,  | 
| 15 |  | calculated criminal drug conspiracy, criminal drug  | 
| 16 |  | conspiracy, street gang criminal drug conspiracy,  | 
| 17 |  | participation in methamphetamine manufacturing,  | 
| 18 |  | aggravated participation in methamphetamine  | 
| 19 |  | manufacturing, delivery of methamphetamine, possession  | 
| 20 |  | with intent to deliver methamphetamine, aggravated  | 
| 21 |  | delivery of methamphetamine, aggravated possession with  | 
| 22 |  | intent to deliver methamphetamine, methamphetamine  | 
| 23 |  | conspiracy when the substance containing the controlled  | 
| 24 |  | substance or methamphetamine is 100 grams or more shall  | 
| 25 |  | receive no more than 7.5 days sentence credit for each  | 
| 26 |  | month of his or her sentence of imprisonment;
 | 
|     | 
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|  | 
| 1 |  |   (vi)
that a prisoner serving a sentence for a second  | 
| 2 |  | or subsequent offense of luring a minor shall receive no  | 
| 3 |  | more than 4.5 days of sentence credit for each month of his  | 
| 4 |  | or her sentence of imprisonment; and
 | 
| 5 |  |   (vii) that a prisoner serving a sentence for  | 
| 6 |  | aggravated domestic battery shall receive no more than 4.5  | 
| 7 |  | days of sentence credit for each month of his or her  | 
| 8 |  | sentence of imprisonment.  | 
| 9 |  |  (2.1) For all offenses, other than those enumerated in  | 
| 10 |  | subdivision (a)(2)(i), (ii), or (iii)
committed on or after  | 
| 11 |  | June 19, 1998 or subdivision (a)(2)(iv) committed on or after  | 
| 12 |  | June 23, 2005 (the effective date of Public Act 94-71) or  | 
| 13 |  | subdivision (a)(2)(v) committed on or after August 13, 2007  | 
| 14 |  | (the effective date of Public Act 95-134)
or subdivision  | 
| 15 |  | (a)(2)(vi) committed on or after June 1, 2008 (the effective  | 
| 16 |  | date of Public Act 95-625) or subdivision (a)(2)(vii)  | 
| 17 |  | committed on or after July 23, 2010 (the effective date of  | 
| 18 |  | Public Act 96-1224), and other than the offense of aggravated  | 
| 19 |  | driving under the influence of alcohol, other drug or drugs,  | 
| 20 |  | or
intoxicating compound or compounds, or any combination  | 
| 21 |  | thereof as defined in
subparagraph (F) of paragraph (1) of  | 
| 22 |  | subsection (d) of Section 11-501 of the
Illinois Vehicle Code,  | 
| 23 |  | and other than the offense of aggravated driving under the  | 
| 24 |  | influence of alcohol,
other drug or drugs, or intoxicating  | 
| 25 |  | compound or compounds, or any combination
thereof as defined  | 
| 26 |  | in subparagraph (C) of paragraph (1) of subsection (d) of
 | 
|     | 
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|  | 
| 1 |  | Section 11-501 of the Illinois Vehicle Code committed on or  | 
| 2 |  | after January 1, 2011 (the effective date of Public Act  | 
| 3 |  | 96-1230),
the rules and regulations shall
provide that a  | 
| 4 |  | prisoner who is serving a term of
imprisonment shall receive  | 
| 5 |  | one day of sentence credit for each day of
his or her sentence  | 
| 6 |  | of imprisonment or recommitment under Section 3-3-9.
Each day  | 
| 7 |  | of sentence credit shall reduce by one day the prisoner's  | 
| 8 |  | period
of imprisonment or recommitment under Section 3-3-9.
 | 
| 9 |  |  (2.2) A prisoner serving a term of natural life  | 
| 10 |  | imprisonment or a
prisoner who has been sentenced to death  | 
| 11 |  | shall receive no sentence
credit.
 | 
| 12 |  |  (2.3) Except as provided in paragraph (4.7) of this  | 
| 13 |  | subsection (a), the rules and regulations on sentence credit  | 
| 14 |  | shall provide that
a prisoner who is serving a sentence for  | 
| 15 |  | aggravated driving under the influence of alcohol,
other drug  | 
| 16 |  | or drugs, or intoxicating compound or compounds, or any  | 
| 17 |  | combination
thereof as defined in subparagraph (F) of  | 
| 18 |  | paragraph (1) of subsection (d) of
Section 11-501 of the  | 
| 19 |  | Illinois Vehicle Code, shall receive no more than 4.5
days of  | 
| 20 |  | sentence credit for each month of his or her sentence of
 | 
| 21 |  | imprisonment.
 | 
| 22 |  |  (2.4) Except as provided in paragraph (4.7) of this  | 
| 23 |  | subsection (a), the rules and regulations on sentence credit  | 
| 24 |  | shall provide with
respect to the offenses of aggravated  | 
| 25 |  | battery with a machine gun or a firearm
equipped with any  | 
| 26 |  | device or attachment designed or used for silencing the
report  | 
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|  | 
| 1 |  | of a firearm or aggravated discharge of a machine gun or a  | 
| 2 |  | firearm
equipped with any device or attachment designed or  | 
| 3 |  | used for silencing the
report of a firearm, committed on or  | 
| 4 |  | after
July 15, 1999 (the effective date of Public Act 91-121),
 | 
| 5 |  | that a prisoner serving a sentence for any of these offenses  | 
| 6 |  | shall receive no
more than 4.5 days of sentence credit for each  | 
| 7 |  | month of his or her sentence
of imprisonment.
 | 
| 8 |  |  (2.5) Except as provided in paragraph (4.7) of this  | 
| 9 |  | subsection (a), the rules and regulations on sentence credit  | 
| 10 |  | shall provide that a
prisoner who is serving a sentence for  | 
| 11 |  | aggravated arson committed on or after
July 27, 2001 (the  | 
| 12 |  | effective date of Public Act 92-176) shall receive no more  | 
| 13 |  | than
4.5 days of sentence credit for each month of his or her  | 
| 14 |  | sentence of
imprisonment.
 | 
| 15 |  |  (2.6) Except as provided in paragraph (4.7) of this  | 
| 16 |  | subsection (a), the rules and regulations on sentence credit  | 
| 17 |  | shall provide that a
prisoner who is serving a sentence for  | 
| 18 |  | aggravated driving under the influence of alcohol,
other drug  | 
| 19 |  | or drugs, or intoxicating compound or compounds or any  | 
| 20 |  | combination
thereof as defined in subparagraph (C) of  | 
| 21 |  | paragraph (1) of subsection (d) of
Section 11-501 of the  | 
| 22 |  | Illinois Vehicle Code committed on or after January 1, 2011  | 
| 23 |  | (the effective date of Public Act 96-1230) shall receive no  | 
| 24 |  | more than 4.5
days of sentence credit for each month of his or  | 
| 25 |  | her sentence of
imprisonment. | 
| 26 |  |  (3) In addition to the sentence credits earned under  | 
|     | 
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|  | 
| 1 |  | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this  | 
| 2 |  | subsection (a), the rules and regulations shall also provide  | 
| 3 |  | that
the Director may award up to 180 days of earned sentence
 | 
| 4 |  | credit for prisoners serving a sentence of incarceration of  | 
| 5 |  | less than 5 years, and up to 365 days of earned sentence credit  | 
| 6 |  | for prisoners serving a sentence of 5 years or longer. The  | 
| 7 |  | Director may grant this credit for good conduct in specific  | 
| 8 |  | instances as the
Director deems proper. The good conduct may  | 
| 9 |  | include, but is not limited to, compliance with the rules and  | 
| 10 |  | regulations of the Department, service to the Department,  | 
| 11 |  | service to a community, or service to the State.
 | 
| 12 |  |  Eligible inmates for an award of earned sentence credit  | 
| 13 |  | under
this paragraph (3) may be selected to receive the credit  | 
| 14 |  | at
the Director's or his or her designee's sole discretion.
 | 
| 15 |  | Eligibility for the additional earned sentence credit under  | 
| 16 |  | this paragraph (3) may be based on, but is not limited to,  | 
| 17 |  | participation in programming offered by the Department as  | 
| 18 |  | appropriate for the prisoner based on the results of any  | 
| 19 |  | available risk/needs assessment or other relevant assessments  | 
| 20 |  | or evaluations administered by the Department using a  | 
| 21 |  | validated instrument, the circumstances of the crime,  | 
| 22 |  | demonstrated commitment to rehabilitation by a prisoner with a  | 
| 23 |  | history of conviction for a forcible felony enumerated in  | 
| 24 |  | Section 2-8 of the Criminal Code of 2012, the inmate's  | 
| 25 |  | behavior and improvements in disciplinary history while  | 
| 26 |  | incarcerated, and the inmate's commitment to rehabilitation,  | 
|     | 
| |  |  | SB3792 Enrolled | - 108 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | including participation in programming offered by the  | 
| 2 |  | Department.  | 
| 3 |  |  The Director shall not award sentence credit under this  | 
| 4 |  | paragraph (3) to an inmate unless the inmate has served a  | 
| 5 |  | minimum of 60 days of the sentence; except nothing in this  | 
| 6 |  | paragraph shall be construed to permit the Director to extend  | 
| 7 |  | an inmate's sentence beyond that which was imposed by the  | 
| 8 |  | court. Prior to awarding credit under this paragraph (3), the  | 
| 9 |  | Director shall make a written determination that the inmate: | 
| 10 |  |   (A) is eligible for the earned sentence credit; | 
| 11 |  |   (B) has served a minimum of 60 days, or as close to 60  | 
| 12 |  | days as the sentence will allow; | 
| 13 |  |   (B-1) has received a risk/needs assessment or other  | 
| 14 |  | relevant evaluation or assessment administered by the  | 
| 15 |  | Department using a validated instrument; and | 
| 16 |  |   (C) has met the eligibility criteria established by  | 
| 17 |  | rule for earned sentence credit. | 
| 18 |  |  The Director shall determine the form and content of the  | 
| 19 |  | written determination required in this subsection. | 
| 20 |  |  (3.5) The Department shall provide annual written reports  | 
| 21 |  | to the Governor and the General Assembly on the award of earned  | 
| 22 |  | sentence credit no later than February 1 of each year. The  | 
| 23 |  | Department must publish both reports on its website within 48  | 
| 24 |  | hours of transmitting the reports to the Governor and the  | 
| 25 |  | General Assembly. The reports must include: | 
| 26 |  |   (A) the number of inmates awarded earned sentence  | 
|     | 
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|  | 
| 1 |  | credit; | 
| 2 |  |   (B) the average amount of earned sentence credit  | 
| 3 |  | awarded; | 
| 4 |  |   (C) the holding offenses of inmates awarded earned  | 
| 5 |  | sentence credit; and | 
| 6 |  |   (D) the number of earned sentence credit revocations.  | 
| 7 |  |  (4)(A) Except as provided in paragraph (4.7) of this  | 
| 8 |  | subsection (a), the rules and regulations shall also provide  | 
| 9 |  | that any prisoner who is engaged full-time in substance abuse  | 
| 10 |  | programs, correctional
industry assignments, educational  | 
| 11 |  | programs, work-release programs or activities in accordance  | 
| 12 |  | with Article 13 of Chapter III of this Code, behavior  | 
| 13 |  | modification programs, life skills courses, or re-entry  | 
| 14 |  | planning provided by the Department
under this paragraph (4)  | 
| 15 |  | and satisfactorily completes the assigned program as
 | 
| 16 |  | determined by the standards of the Department, shall receive  | 
| 17 |  | one day of sentence credit for each day in which that prisoner  | 
| 18 |  | is engaged in the activities described in this paragraph.
The  | 
| 19 |  | rules and regulations shall also provide that sentence credit  | 
| 20 |  | may be provided to an inmate who was held in pre-trial  | 
| 21 |  | detention prior to his or her current commitment to the  | 
| 22 |  | Department of Corrections and successfully completed a  | 
| 23 |  | full-time, 60-day or longer substance abuse program,  | 
| 24 |  | educational program, behavior modification program, life  | 
| 25 |  | skills course, or re-entry planning provided by the county  | 
| 26 |  | department of corrections or county jail. Calculation of this  | 
|     | 
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|  | 
| 1 |  | county program credit shall be done at sentencing as provided  | 
| 2 |  | in Section 5-4.5-100 of this Code and shall be included in the  | 
| 3 |  | sentencing order. The rules and regulations shall also provide  | 
| 4 |  | that sentence credit may be provided to an inmate who is in  | 
| 5 |  | compliance with programming requirements in an adult  | 
| 6 |  | transition center.
 | 
| 7 |  |  (B) The Department shall award sentence credit under this  | 
| 8 |  | paragraph (4) accumulated prior to January 1, 2020 (the  | 
| 9 |  | effective date of Public Act 101-440) in an amount specified  | 
| 10 |  | in subparagraph (C) of this paragraph (4) to an inmate serving  | 
| 11 |  | a sentence for an offense committed prior to June 19, 1998, if  | 
| 12 |  | the Department determines that the inmate is entitled to this  | 
| 13 |  | sentence credit, based upon: | 
| 14 |  |   (i) documentation provided by the Department that the  | 
| 15 |  | inmate engaged in any full-time substance abuse programs,  | 
| 16 |  | correctional industry assignments, educational programs,  | 
| 17 |  | behavior modification programs, life skills courses, or  | 
| 18 |  | re-entry planning provided by the Department under this  | 
| 19 |  | paragraph (4) and satisfactorily completed the assigned  | 
| 20 |  | program as determined by the standards of the Department  | 
| 21 |  | during the inmate's current term of incarceration; or | 
| 22 |  |   (ii) the inmate's own testimony in the form of an  | 
| 23 |  | affidavit or documentation, or a third party's  | 
| 24 |  | documentation or testimony in the form of an affidavit  | 
| 25 |  | that the inmate likely engaged in any full-time substance  | 
| 26 |  | abuse programs, correctional industry assignments,  | 
|     | 
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|  | 
| 1 |  | educational programs, behavior modification programs, life  | 
| 2 |  | skills courses, or re-entry planning provided by the  | 
| 3 |  | Department under paragraph (4) and satisfactorily  | 
| 4 |  | completed the assigned program as determined by the  | 
| 5 |  | standards of the Department during the inmate's current  | 
| 6 |  | term of incarceration. | 
| 7 |  |  (C) If the inmate can provide documentation that he or she  | 
| 8 |  | is entitled to sentence credit under subparagraph (B) in  | 
| 9 |  | excess of 45 days of participation in those programs, the  | 
| 10 |  | inmate shall receive 90 days of sentence credit. If the inmate  | 
| 11 |  | cannot provide documentation of more than 45 days of  | 
| 12 |  | participation in those programs, the inmate shall receive 45  | 
| 13 |  | days of sentence credit. In the event of a disagreement  | 
| 14 |  | between the Department and the inmate as to the amount of  | 
| 15 |  | credit accumulated under subparagraph (B), if the Department  | 
| 16 |  | provides documented proof of a lesser amount of days of  | 
| 17 |  | participation in those programs, that proof shall control. If  | 
| 18 |  | the Department provides no documentary proof, the inmate's  | 
| 19 |  | proof as set forth in clause (ii) of subparagraph (B) shall  | 
| 20 |  | control as to the amount of sentence credit provided. | 
| 21 |  |  (D) If the inmate has been convicted of a sex offense as  | 
| 22 |  | defined in Section 2 of the Sex Offender Registration Act,  | 
| 23 |  | sentencing credits under subparagraph (B) of this paragraph  | 
| 24 |  | (4) shall be awarded by the Department only if the conditions  | 
| 25 |  | set forth in paragraph (4.6) of subsection (a) are satisfied.  | 
| 26 |  | No inmate serving a term of natural life imprisonment shall  | 
|     | 
| |  |  | SB3792 Enrolled | - 112 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | receive sentence credit under subparagraph (B) of this  | 
| 2 |  | paragraph (4). | 
| 3 |  |  Educational, vocational, substance abuse, behavior  | 
| 4 |  | modification programs, life skills courses, re-entry planning,  | 
| 5 |  | and correctional
industry programs under which sentence credit  | 
| 6 |  | may be earned under
this paragraph (4) and paragraph (4.1) of  | 
| 7 |  | this subsection (a) shall be evaluated by the Department on  | 
| 8 |  | the basis of
documented standards. The Department shall report  | 
| 9 |  | the results of these
evaluations to the Governor and the  | 
| 10 |  | General Assembly by September 30th of each
year. The reports  | 
| 11 |  | shall include data relating to the recidivism rate among
 | 
| 12 |  | program participants.
 | 
| 13 |  |  Availability of these programs shall be subject to the
 | 
| 14 |  | limits of fiscal resources appropriated by the General  | 
| 15 |  | Assembly for these
purposes. Eligible inmates who are denied  | 
| 16 |  | immediate admission shall be
placed on a waiting list under  | 
| 17 |  | criteria established by the Department. The rules and  | 
| 18 |  | regulations shall provide that a prisoner who has been placed  | 
| 19 |  | on a waiting list but is transferred for non-disciplinary  | 
| 20 |  | reasons before beginning a program shall receive priority  | 
| 21 |  | placement on the waitlist for appropriate programs at the new  | 
| 22 |  | facility.
The inability of any inmate to become engaged in any  | 
| 23 |  | such programs
by reason of insufficient program resources or  | 
| 24 |  | for any other reason
established under the rules and  | 
| 25 |  | regulations of the Department shall not be
deemed a cause of  | 
| 26 |  | action under which the Department or any employee or
agent of  | 
|     | 
| |  |  | SB3792 Enrolled | - 113 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | the Department shall be liable for damages to the inmate. The  | 
| 2 |  | rules and regulations shall provide that a prisoner who begins  | 
| 3 |  | an educational, vocational, substance abuse, work-release  | 
| 4 |  | programs or activities in accordance with Article 13 of  | 
| 5 |  | Chapter III of this Code, behavior modification program, life  | 
| 6 |  | skills course, re-entry planning, or correctional industry  | 
| 7 |  | programs but is unable to complete the program due to illness,  | 
| 8 |  | disability, transfer, lockdown, or another reason outside of  | 
| 9 |  | the prisoner's control shall receive prorated sentence credits  | 
| 10 |  | for the days in which the prisoner did participate. 
 | 
| 11 |  |  (4.1) Except as provided in paragraph (4.7) of this  | 
| 12 |  | subsection (a), the rules and regulations shall also provide  | 
| 13 |  | that an additional 90 days of sentence credit shall be awarded  | 
| 14 |  | to any prisoner who passes high school equivalency testing  | 
| 15 |  | while the prisoner is committed to the Department of  | 
| 16 |  | Corrections. The sentence credit awarded under this paragraph  | 
| 17 |  | (4.1) shall be in addition to, and shall not affect, the award  | 
| 18 |  | of sentence credit under any other paragraph of this Section,  | 
| 19 |  | but shall also be pursuant to the guidelines and restrictions  | 
| 20 |  | set forth in paragraph (4) of subsection (a) of this Section.
 | 
| 21 |  | The sentence credit provided for in this paragraph shall be  | 
| 22 |  | available only to those prisoners who have not previously  | 
| 23 |  | earned a high school diploma or a State of Illinois High School  | 
| 24 |  | Diploma high school equivalency certificate. If, after an  | 
| 25 |  | award of the high school equivalency testing sentence credit  | 
| 26 |  | has been made, the Department determines that the prisoner was  | 
|     | 
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|  | 
| 1 |  | not eligible, then the award shall be revoked.
The Department  | 
| 2 |  | may also award 90 days of sentence credit to any committed  | 
| 3 |  | person who passed high school equivalency testing while he or  | 
| 4 |  | she was held in pre-trial detention prior to the current  | 
| 5 |  | commitment to the Department of Corrections. Except as  | 
| 6 |  | provided in paragraph (4.7) of this subsection (a), the rules  | 
| 7 |  | and regulations shall provide that an additional 120 days of  | 
| 8 |  | sentence credit shall be awarded to any prisoner who obtains  | 
| 9 |  | an associate degree while the prisoner is committed to the  | 
| 10 |  | Department of Corrections, regardless of the date that the  | 
| 11 |  | associate degree was obtained, including if prior to July 1,  | 
| 12 |  | 2021 (the effective date of Public Act 101-652). The sentence  | 
| 13 |  | credit awarded under this paragraph (4.1) shall be in addition  | 
| 14 |  | to, and shall not affect, the award of sentence credit under  | 
| 15 |  | any other paragraph of this Section, but shall also be under  | 
| 16 |  | the guidelines and restrictions set forth in paragraph (4) of  | 
| 17 |  | subsection (a) of this Section. The sentence credit provided  | 
| 18 |  | for in this paragraph (4.1) shall be available only to those  | 
| 19 |  | prisoners who have not previously earned an associate degree  | 
| 20 |  | prior to the current commitment to the Department of  | 
| 21 |  | Corrections. If, after an award of the associate degree  | 
| 22 |  | sentence credit has been made and the Department determines  | 
| 23 |  | that the prisoner was not eligible, then the award shall be  | 
| 24 |  | revoked. The Department may also award 120 days of sentence  | 
| 25 |  | credit to any committed person who earned an associate degree  | 
| 26 |  | while he or she was held in pre-trial detention prior to the  | 
|     | 
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|  | 
| 1 |  | current commitment to the Department of Corrections.  | 
| 2 |  |  Except as provided in paragraph (4.7) of this subsection  | 
| 3 |  | (a), the rules and regulations shall provide that an  | 
| 4 |  | additional 180 days of sentence credit shall be awarded to any  | 
| 5 |  | prisoner who obtains a bachelor's degree while the prisoner is  | 
| 6 |  | committed to the Department of Corrections. The sentence  | 
| 7 |  | credit awarded under this paragraph (4.1) shall be in addition  | 
| 8 |  | to, and shall not affect, the award of sentence credit under  | 
| 9 |  | any other paragraph of this Section, but shall also be under  | 
| 10 |  | the guidelines and restrictions set forth in paragraph (4) of  | 
| 11 |  | this subsection (a). The sentence credit provided for in this  | 
| 12 |  | paragraph shall be available only to those prisoners who have  | 
| 13 |  | not earned a bachelor's degree prior to the current commitment  | 
| 14 |  | to the Department of Corrections. If, after an award of the  | 
| 15 |  | bachelor's degree sentence credit has been made, the  | 
| 16 |  | Department determines that the prisoner was not eligible, then  | 
| 17 |  | the award shall be revoked. The Department may also award 180  | 
| 18 |  | days of sentence credit to any committed person who earned a  | 
| 19 |  | bachelor's degree while he or she was held in pre-trial  | 
| 20 |  | detention prior to the current commitment to the Department of  | 
| 21 |  | Corrections. | 
| 22 |  |  Except as provided in paragraph (4.7) of this subsection  | 
| 23 |  | (a), the rules and regulations shall provide that an  | 
| 24 |  | additional 180 days of sentence credit shall be awarded to any  | 
| 25 |  | prisoner who obtains a master's or professional degree while  | 
| 26 |  | the prisoner is committed to the Department of Corrections.  | 
|     | 
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|  | 
| 1 |  | The sentence credit awarded under this paragraph (4.1) shall  | 
| 2 |  | be in addition to, and shall not affect, the award of sentence  | 
| 3 |  | credit under any other paragraph of this Section, but shall  | 
| 4 |  | also be under the guidelines and restrictions set forth in  | 
| 5 |  | paragraph (4) of this subsection (a). The sentence credit  | 
| 6 |  | provided for in this paragraph shall be available only to  | 
| 7 |  | those prisoners who have not previously earned a master's or  | 
| 8 |  | professional degree prior to the current commitment to the  | 
| 9 |  | Department of Corrections. If, after an award of the master's  | 
| 10 |  | or professional degree sentence credit has been made, the  | 
| 11 |  | Department determines that the prisoner was not eligible, then  | 
| 12 |  | the award shall be revoked. The Department may also award 180  | 
| 13 |  | days of sentence credit to any committed person who earned a  | 
| 14 |  | master's or professional degree while he or she was held in  | 
| 15 |  | pre-trial detention prior to the current commitment to the  | 
| 16 |  | Department of Corrections. | 
| 17 |  |  (4.2) The rules and regulations shall also provide that  | 
| 18 |  | any prisoner engaged in self-improvement programs, volunteer  | 
| 19 |  | work, or work assignments that are not otherwise eligible  | 
| 20 |  | activities under paragraph (4), shall receive up to 0.5 days  | 
| 21 |  | of sentence credit for each day in which the prisoner is  | 
| 22 |  | engaged in activities described in this paragraph.  | 
| 23 |  |  (4.5) The rules and regulations on sentence credit shall  | 
| 24 |  | also provide that
when the court's sentencing order recommends  | 
| 25 |  | a prisoner for substance abuse treatment and the
crime was  | 
| 26 |  | committed on or after September 1, 2003 (the effective date of
 | 
|     | 
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|  | 
| 1 |  | Public Act 93-354), the prisoner shall receive no sentence  | 
| 2 |  | credit awarded under clause (3) of this subsection (a) unless  | 
| 3 |  | he or she participates in and
completes a substance abuse  | 
| 4 |  | treatment program. The Director may waive the requirement to  | 
| 5 |  | participate in or complete a substance abuse treatment program  | 
| 6 |  | in specific instances if the prisoner is not a good candidate  | 
| 7 |  | for a substance abuse treatment program for medical,  | 
| 8 |  | programming, or operational reasons. Availability of
substance  | 
| 9 |  | abuse treatment shall be subject to the limits of fiscal  | 
| 10 |  | resources
appropriated by the General Assembly for these  | 
| 11 |  | purposes. If treatment is not
available and the requirement to  | 
| 12 |  | participate and complete the treatment has not been waived by  | 
| 13 |  | the Director, the prisoner shall be placed on a waiting list  | 
| 14 |  | under criteria
established by the Department. The Director may  | 
| 15 |  | allow a prisoner placed on
a waiting list to participate in and  | 
| 16 |  | complete a substance abuse education class or attend substance
 | 
| 17 |  | abuse self-help meetings in lieu of a substance abuse  | 
| 18 |  | treatment program. A prisoner on a waiting list who is not  | 
| 19 |  | placed in a substance abuse program prior to release may be  | 
| 20 |  | eligible for a waiver and receive sentence credit under clause  | 
| 21 |  | (3) of this subsection (a) at the discretion of the Director.
 | 
| 22 |  |  (4.6) The rules and regulations on sentence credit shall  | 
| 23 |  | also provide that a prisoner who has been convicted of a sex  | 
| 24 |  | offense as defined in Section 2 of the Sex Offender  | 
| 25 |  | Registration Act shall receive no sentence credit unless he or  | 
| 26 |  | she either has successfully completed or is participating in  | 
|     | 
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|  | 
| 1 |  | sex offender treatment as defined by the Sex Offender  | 
| 2 |  | Management Board. However, prisoners who are waiting to  | 
| 3 |  | receive treatment, but who are unable to do so due solely to  | 
| 4 |  | the lack of resources on the part of the Department, may, at  | 
| 5 |  | the Director's sole discretion, be awarded sentence credit at  | 
| 6 |  | a rate as the Director shall determine. | 
| 7 |  |  (4.7) On or after January 1, 2018 (the effective date of  | 
| 8 |  | Public Act 100-3), sentence credit under paragraph (3), (4),  | 
| 9 |  | or (4.1) of this subsection (a) may be awarded to a prisoner  | 
| 10 |  | who is serving a sentence for an offense described in  | 
| 11 |  | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned  | 
| 12 |  | on or after January 1, 2018 (the effective date of Public Act  | 
| 13 |  | 100-3); provided, the award of the credits under this  | 
| 14 |  | paragraph (4.7) shall not reduce the sentence of the prisoner  | 
| 15 |  | to less than the following amounts: | 
| 16 |  |   (i) 85% of his or her sentence if the prisoner is  | 
| 17 |  | required to serve 85% of his or her sentence; or  | 
| 18 |  |   (ii) 60% of his or her sentence if the prisoner is  | 
| 19 |  | required to serve 75% of his or her sentence, except if the  | 
| 20 |  | prisoner is serving a sentence for gunrunning his or her  | 
| 21 |  | sentence shall not be reduced to less than 75%. | 
| 22 |  |   (iii) 100% of his or her sentence if the prisoner is  | 
| 23 |  | required to serve 100% of his or her sentence. | 
| 24 |  |  (5) Whenever the Department is to release any inmate  | 
| 25 |  | earlier than it
otherwise would because of a grant of earned  | 
| 26 |  | sentence credit under paragraph (3) of subsection (a) of this  | 
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|  | 
| 1 |  | Section given at any time during the term, the Department  | 
| 2 |  | shall give
reasonable notice of the impending release not less  | 
| 3 |  | than 14 days prior to the date of the release to the State's
 | 
| 4 |  | Attorney of the county where the prosecution of the inmate  | 
| 5 |  | took place, and if applicable, the State's Attorney of the  | 
| 6 |  | county into which the inmate will be released. The Department  | 
| 7 |  | must also make identification information and a recent photo  | 
| 8 |  | of the inmate being released accessible on the Internet by  | 
| 9 |  | means of a hyperlink labeled "Community Notification of Inmate  | 
| 10 |  | Early Release" on the Department's World Wide Web homepage.
 | 
| 11 |  | The identification information shall include the inmate's:  | 
| 12 |  | name, any known alias, date of birth, physical  | 
| 13 |  | characteristics, commitment offense, and county where  | 
| 14 |  | conviction was imposed. The identification information shall  | 
| 15 |  | be placed on the website within 3 days of the inmate's release  | 
| 16 |  | and the information may not be removed until either:  | 
| 17 |  | completion of the first year of mandatory supervised release  | 
| 18 |  | or return of the inmate to custody of the Department.
 | 
| 19 |  |  (b) Whenever a person is or has been committed under
 | 
| 20 |  | several convictions, with separate sentences, the sentences
 | 
| 21 |  | shall be construed under Section 5-8-4 in granting and
 | 
| 22 |  | forfeiting of sentence credit.
 | 
| 23 |  |  (c) (1) The Department shall prescribe rules and  | 
| 24 |  | regulations
for revoking sentence credit, including revoking  | 
| 25 |  | sentence credit awarded under paragraph (3) of subsection (a)  | 
| 26 |  | of this Section. The Department shall prescribe rules and  | 
|     | 
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|  | 
| 1 |  | regulations establishing and requiring the use of a sanctions  | 
| 2 |  | matrix for revoking sentence credit. The Department shall  | 
| 3 |  | prescribe rules and regulations for suspending or reducing
the  | 
| 4 |  | rate of accumulation of sentence credit for specific
rule  | 
| 5 |  | violations, during imprisonment. These rules and regulations
 | 
| 6 |  | shall provide that no inmate may be penalized more than one
 | 
| 7 |  | year of sentence credit for any one infraction.
 | 
| 8 |  |  (2) When the Department seeks to revoke, suspend, or  | 
| 9 |  | reduce
the rate of accumulation of any sentence credits for
an  | 
| 10 |  | alleged infraction of its rules, it shall bring charges
 | 
| 11 |  | therefor against the prisoner sought to be so deprived of
 | 
| 12 |  | sentence credits before the Prisoner Review Board as
provided  | 
| 13 |  | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the  | 
| 14 |  | amount of credit at issue exceeds 30 days, whether from one  | 
| 15 |  | infraction or cumulatively from multiple infractions arising  | 
| 16 |  | out of a single event, or
when, during any 12-month period, the  | 
| 17 |  | cumulative amount of
credit revoked exceeds 30 days except  | 
| 18 |  | where the infraction is committed
or discovered within 60 days  | 
| 19 |  | of scheduled release. In those cases,
the Department of  | 
| 20 |  | Corrections may revoke up to 30 days of sentence credit.
The  | 
| 21 |  | Board may subsequently approve the revocation of additional  | 
| 22 |  | sentence credit, if the Department seeks to revoke sentence  | 
| 23 |  | credit in
excess of 30 days. However, the Board shall not be  | 
| 24 |  | empowered to review the
Department's decision with respect to  | 
| 25 |  | the loss of 30 days of sentence
credit within any calendar year  | 
| 26 |  | for any prisoner or to increase any penalty
beyond the length  | 
|     | 
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|  | 
| 1 |  | requested by the Department.
 | 
| 2 |  |  (3) The Director of the Department of Corrections, in  | 
| 3 |  | appropriate cases, may
restore sentence credits which have  | 
| 4 |  | been revoked, suspended,
or reduced. The Department shall  | 
| 5 |  | prescribe rules and regulations governing the restoration of  | 
| 6 |  | sentence credits. These rules and regulations shall provide  | 
| 7 |  | for the automatic restoration of sentence credits following a  | 
| 8 |  | period in which the prisoner maintains a record without a  | 
| 9 |  | disciplinary violation.
 | 
| 10 |  |  Nothing contained in this Section shall prohibit the  | 
| 11 |  | Prisoner Review Board
from ordering, pursuant to Section  | 
| 12 |  | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the  | 
| 13 |  | sentence imposed by the court that was not served due to the
 | 
| 14 |  | accumulation of sentence credit.
 | 
| 15 |  |  (d) If a lawsuit is filed by a prisoner in an Illinois or  | 
| 16 |  | federal court
against the State, the Department of  | 
| 17 |  | Corrections, or the Prisoner Review Board,
or against any of
 | 
| 18 |  | their officers or employees, and the court makes a specific  | 
| 19 |  | finding that a
pleading, motion, or other paper filed by the  | 
| 20 |  | prisoner is frivolous, the
Department of Corrections shall  | 
| 21 |  | conduct a hearing to revoke up to
180 days of sentence credit  | 
| 22 |  | by bringing charges against the prisoner
sought to be deprived  | 
| 23 |  | of the sentence credits before the Prisoner Review
Board as  | 
| 24 |  | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
 | 
| 25 |  | If the prisoner has not accumulated 180 days of sentence  | 
| 26 |  | credit at the
time of the finding, then the Prisoner Review  | 
|     | 
| |  |  | SB3792 Enrolled | - 122 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  | Board may revoke all
sentence credit accumulated by the  | 
| 2 |  | prisoner.
 | 
| 3 |  |  For purposes of this subsection (d):
 | 
| 4 |  |   (1) "Frivolous" means that a pleading, motion, or  | 
| 5 |  | other filing which
purports to be a legal document filed  | 
| 6 |  | by a prisoner in his or her lawsuit meets
any or all of the  | 
| 7 |  | following criteria:
 | 
| 8 |  |    (A) it lacks an arguable basis either in law or in  | 
| 9 |  | fact;
 | 
| 10 |  |    (B) it is being presented for any improper  | 
| 11 |  | purpose, such as to harass or
to cause unnecessary  | 
| 12 |  | delay or needless increase in the cost of litigation;
 | 
| 13 |  |    (C) the claims, defenses, and other legal  | 
| 14 |  | contentions therein are not
warranted by existing law  | 
| 15 |  | or by a nonfrivolous argument for the extension,
 | 
| 16 |  | modification, or reversal of existing law or the  | 
| 17 |  | establishment of new law;
 | 
| 18 |  |    (D) the allegations and other factual contentions  | 
| 19 |  | do not have
evidentiary
support or, if specifically so  | 
| 20 |  | identified, are not likely to have evidentiary
support  | 
| 21 |  | after a reasonable opportunity for further  | 
| 22 |  | investigation or discovery;
or
 | 
| 23 |  |    (E) the denials of factual contentions are not  | 
| 24 |  | warranted on the
evidence, or if specifically so  | 
| 25 |  | identified, are not reasonably based on a lack
of  | 
| 26 |  | information or belief.
 | 
|     | 
| |  |  | SB3792 Enrolled | - 123 - | LRB102 25808 CMG 35148 b | 
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|  | 
| 1 |  |   (2) "Lawsuit" means a motion pursuant to Section
116-3  | 
| 2 |  | of the Code of Criminal Procedure of 1963, a habeas corpus  | 
| 3 |  | action under
Article X of the Code of Civil Procedure or  | 
| 4 |  | under federal law (28 U.S.C. 2254),
a petition for claim  | 
| 5 |  | under the Court of Claims Act, an action under the
federal  | 
| 6 |  | Civil Rights Act (42 U.S.C. 1983), or a second or  | 
| 7 |  | subsequent petition for post-conviction relief under  | 
| 8 |  | Article 122 of the Code of Criminal Procedure of 1963  | 
| 9 |  | whether filed with or without leave of court or a second or  | 
| 10 |  | subsequent petition for relief from judgment under Section  | 
| 11 |  | 2-1401 of the Code of Civil Procedure.
 | 
| 12 |  |  (e) Nothing in Public Act 90-592 or 90-593 affects the  | 
| 13 |  | validity of Public Act 89-404.
 | 
| 14 |  |  (f) Whenever the Department is to release any inmate who  | 
| 15 |  | has been convicted of a violation of an order of protection  | 
| 16 |  | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or  | 
| 17 |  | the Criminal Code of 2012, earlier than it
otherwise would  | 
| 18 |  | because of a grant of sentence credit, the Department, as a  | 
| 19 |  | condition of release, shall require that the person, upon  | 
| 20 |  | release, be placed under electronic surveillance as provided  | 
| 21 |  | in Section 5-8A-7 of this Code.  | 
| 22 |  | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;  | 
| 23 |  | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
 | 
| 24 |  |  (730 ILCS 5/3-6-8) | 
| 25 |  |  Sec. 3-6-8. High school equivalency testing programs. The  | 
|     | 
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|  | 
| 1 |  | Department of Corrections shall develop and establish a  | 
| 2 |  | program in the Adult Division designed to increase the number  | 
| 3 |  | of committed persons enrolled in programs for high school  | 
| 4 |  | equivalency testing and pursuing State of Illinois High School  | 
| 5 |  | Diplomas high school equivalency certificates by at least 100%  | 
| 6 |  | over the 4-year period following the effective date of this  | 
| 7 |  | amendatory Act of the 94th General Assembly. Pursuant to the  | 
| 8 |  | program, each adult institution and facility shall report  | 
| 9 |  | annually to the Director of Corrections on the number of  | 
| 10 |  | committed persons enrolled in high school equivalency testing  | 
| 11 |  | programs and those who pass high school equivalency testing,  | 
| 12 |  | and the number of committed persons in the Adult Division who  | 
| 13 |  | are on waiting lists for participation in the high school  | 
| 14 |  | equivalency testing programs.
 | 
| 15 |  | (Source: P.A. 98-718, eff. 1-1-15.)
 | 
| 16 |  |  (730 ILCS 5/5-8-1.3)
 | 
| 17 |  |  Sec. 5-8-1.3. Pilot residential and transition treatment  | 
| 18 |  | program for women. 
 | 
| 19 |  |  (a) The General Assembly recognizes:
 | 
| 20 |  |   (1) that drug-offending women with children who have  | 
| 21 |  | been in and out of
the criminal justice system for years  | 
| 22 |  | are a serious problem;
 | 
| 23 |  |   (2) that the intergenerational cycle of women  | 
| 24 |  | continuously
being part of the criminal justice system  | 
| 25 |  | needs to be broken;
 | 
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|  | 
| 1 |  |   (3) that the effects of drug offending women with  | 
| 2 |  | children
disrupts family harmony and creates an atmosphere  | 
| 3 |  | that is
not conducive to healthy childhood development;
 | 
| 4 |  |   (4) that there is a need for an effective residential
 | 
| 5 |  | community supervision model to provide help to women to
 | 
| 6 |  | become drug free, recover from trauma, focus on healthy
 | 
| 7 |  | mother-child relationships, and establish economic
 | 
| 8 |  | independence and long-term support;
 | 
| 9 |  |   (5) that certain non-violent women offenders with  | 
| 10 |  | children
eligible for sentences of incarceration, may  | 
| 11 |  | benefit from
the rehabilitative aspects of gender  | 
| 12 |  | responsive
treatment programs and services. This Section  | 
| 13 |  | shall
not be construed to allow violent offenders to
 | 
| 14 |  | participate in a treatment program.
 | 
| 15 |  |  (b) Under the direction of the sheriff and with the  | 
| 16 |  | approval of
the county board of commissioners, the sheriff, in  | 
| 17 |  | any county with more
than 3,000,000 inhabitants, may operate a  | 
| 18 |  | residential and
transition treatment program for women  | 
| 19 |  | established by the Illinois Department
of Corrections if  | 
| 20 |  | funding has been provided by federal, local or private
 | 
| 21 |  | entities. If the court finds during the
sentencing hearing  | 
| 22 |  | conducted under Section 5-4-1 that a woman convicted
of a  | 
| 23 |  | felony meets the eligibility requirements of the sheriff's
 | 
| 24 |  | residential and transition treatment program for women, the  | 
| 25 |  | court may
refer the offender to the sheriff's residential and  | 
| 26 |  | transition
treatment program for women for consideration as a  | 
|     | 
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|  | 
| 1 |  | participant as an
alternative to incarceration in the  | 
| 2 |  | penitentiary. The sheriff shall be
responsible for supervising  | 
| 3 |  | all women who are placed in the residential
and transition  | 
| 4 |  | treatment program for women for the 12-month period. In
the  | 
| 5 |  | event that the woman is not accepted for placement in the  | 
| 6 |  | sheriff's
residential and transition treatment program for  | 
| 7 |  | women, the court shall
proceed to sentence the woman to any  | 
| 8 |  | other disposition authorized by
this Code. If the woman does  | 
| 9 |  | not successfully complete the residential
and transition  | 
| 10 |  | treatment program for women, the woman's failure to do
so  | 
| 11 |  | shall constitute a violation of the sentence to the  | 
| 12 |  | residential and
transition treatment program for women.
 | 
| 13 |  |  (c) In order to be eligible to be a participant in the  | 
| 14 |  | pilot
residential and transition treatment program for women,  | 
| 15 |  | the participant
shall meet all of the following conditions:
 | 
| 16 |  |   (1) The woman has not been convicted of a violent  | 
| 17 |  | crime as
defined in subsection (c) of Section 3 of the  | 
| 18 |  | Rights of Crime
Victims and Witnesses Act, a Class X  | 
| 19 |  | felony, first or second
degree murder, armed violence,  | 
| 20 |  | aggravated kidnapping,
criminal sexual assault, aggravated  | 
| 21 |  | criminal sexual
abuse or a subsequent conviction for  | 
| 22 |  | criminal sexual abuse,
forcible detention, or arson and  | 
| 23 |  | has not been previously
convicted of any of those  | 
| 24 |  | offenses.
 | 
| 25 |  |   (2) The woman must undergo an initial assessment  | 
| 26 |  | evaluation
to determine the treatment and program plan.
 | 
|     | 
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|  | 
| 1 |  |   (3) The woman was recommended and accepted for  | 
| 2 |  | placement in
the pilot residential and transition  | 
| 3 |  | treatment program for
women by the Department of  | 
| 4 |  | Corrections and has consented in writing to
participation  | 
| 5 |  | in the program under the terms and conditions
of the  | 
| 6 |  | program. The Department of Corrections may consider  | 
| 7 |  | whether space is
available.
 | 
| 8 |  |  (d) The program may include a substance abuse treatment  | 
| 9 |  | program
designed for women offenders, mental health, trauma,  | 
| 10 |  | and medical
treatment; parenting skills and family  | 
| 11 |  | relationship counseling, preparation for
a State of Illinois  | 
| 12 |  | High School Diploma high school equivalency or vocational  | 
| 13 |  | certificate; life skills program; job readiness and job
skill  | 
| 14 |  | training, and a community transition development plan.
 | 
| 15 |  |  (e) With the approval of the Department of Corrections,  | 
| 16 |  | the sheriff shall
issue requirements for the program and
 | 
| 17 |  | inform the participants who shall sign an agreement to adhere  | 
| 18 |  | to all
rules and all requirements for the pilot residential  | 
| 19 |  | and transition
treatment program.
 | 
| 20 |  |  (f) Participation in the pilot residential and transition
 | 
| 21 |  | treatment program for women shall be for a period not to exceed  | 
| 22 |  | 12
months. The period may not be reduced by accumulation of  | 
| 23 |  | good time.
 | 
| 24 |  |  (g) If the woman successfully completes the pilot  | 
| 25 |  | residential
and transition treatment program for women, the  | 
| 26 |  | sheriff shall notify
the Department of Corrections, the court,  | 
|     | 
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|  | 
| 1 |  | and
the State's
Attorney of the county of the woman's  | 
| 2 |  | successful completion.
 | 
| 3 |  |  (h) A woman may be removed from the pilot residential and
 | 
| 4 |  | transition treatment program for women for violation of the  | 
| 5 |  | terms and
conditions of the program or in the event she is  | 
| 6 |  | unable to participate.
The failure to complete the program  | 
| 7 |  | shall be deemed a violation of the
conditions of the program.  | 
| 8 |  | The sheriff shall give notice to the Department of
 | 
| 9 |  | Corrections, the court, and the
State's Attorney of the  | 
| 10 |  | woman's failure to complete the program.
The
Department of  | 
| 11 |  | Corrections or its designee shall file a petition alleging  | 
| 12 |  | that
the woman has violated the
conditions of the program with  | 
| 13 |  | the court. The State's Attorney may
proceed on the petition  | 
| 14 |  | under Section 5-4-1 of this Code.
 | 
| 15 |  |  (i) The conditions of the pilot residential and transition  | 
| 16 |  | treatment
program for women shall include that the woman while  | 
| 17 |  | in the program:
 | 
| 18 |  |   (1) not violate any criminal statute of any  | 
| 19 |  | jurisdiction;
 | 
| 20 |  |   (2) report or appear in person before any person or
 | 
| 21 |  | agency as directed by the court, the sheriff, or  | 
| 22 |  | Department of Corrections;
 | 
| 23 |  |   (3) refrain from possessing a firearm or other  | 
| 24 |  | dangerous
weapon;
 | 
| 25 |  |   (4) consent to drug testing;
 | 
| 26 |  |   (5) not leave the State without the consent of the  | 
|     | 
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|  | 
| 1 |  | court or,
in circumstances in which reason for the absence  | 
| 2 |  | is of such an
emergency nature that prior consent by the  | 
| 3 |  | court is not possible,
without prior notification and  | 
| 4 |  | approval of the Department of Corrections;
 | 
| 5 |  |   (6) upon placement in the program, must agree to  | 
| 6 |  | follow all
requirements of the program.
 | 
| 7 |  |  (j) The Department of Corrections or the sheriff may  | 
| 8 |  | terminate the program
at any time by mutual agreement or with  | 
| 9 |  | 30 days prior written notice by either
the Department of  | 
| 10 |  | Corrections or the sheriff.
 | 
| 11 |  |  (k) The Department of Corrections may enter into a joint  | 
| 12 |  | contract with a
county with more than 3,000,000 inhabitants to  | 
| 13 |  | establish and operate a pilot
residential and treatment  | 
| 14 |  | program for women.
 | 
| 15 |  |  (l) The Director
of the Department of Corrections shall  | 
| 16 |  | have the authority to develop rules to
establish and operate a  | 
| 17 |  | pilot residential and treatment program for women that
shall  | 
| 18 |  | include criteria for selection of the participants of the  | 
| 19 |  | program in
conjunction and approval by the sentencing court.  | 
| 20 |  | Violent crime offenders are
not eligible to participate in the  | 
| 21 |  | program.
 | 
| 22 |  |  (m) The Department shall report to the Governor and the  | 
| 23 |  | General Assembly
before September 30th of each year on the  | 
| 24 |  | pilot residential and treatment
program for women, including  | 
| 25 |  | the composition of the program by offenders,
sentence, age,  | 
| 26 |  | offense, and race. Reporting is only required if the pilot  | 
|     | 
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|  | 
| 1 |  | residential and treatment program for women is operational. 
 | 
| 2 |  |  (n) The Department of Corrections or the sheriff may  | 
| 3 |  | terminate the program
with 30 days prior written notice.
 | 
| 4 |  |  (o) A county with more than 3,000,000 inhabitants is  | 
| 5 |  | authorized to apply
for funding from federal, local or private  | 
| 6 |  | entities to create a Residential
and Treatment Program for  | 
| 7 |  | Women. This sentencing option may not go into
effect until the  | 
| 8 |  | funding is secured for the program and the program has been
 | 
| 9 |  | established.
 | 
| 10 |  | (Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15.)
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| |     |  | |  |  | SB3792 Enrolled | - 131 - | LRB102 25808 CMG 35148 b | 
 |  |  |  | 1 |  | INDEX |  | 2 |  | Statutes amended in order of appearance |    |  | 3 |  |  20 ILCS 505/8 | from Ch. 23, par. 5008 |   |  |  | 4 |  |  20 ILCS 505/35.10 |  |    |  | 5 |  |  20 ILCS 1315/25 |   |    |  | 6 |  |  20 ILCS 1705/15.4 |   |  |  |  | 7 |  |  105 ILCS 5/3-15.12 | from Ch. 122, par. 3-15.12 |    |  | 8 |  |  105 ILCS 5/13-40 | from Ch. 122, par. 13-40 |   |  |  | 9 |  |  105 ILCS 5/26-2 | from Ch. 122, par. 26-2 |  |  |  | 10 |  |  110 ILCS 118/25 |  |  |  |  | 11 |  |  110 ILCS 805/2-22 |  |  |  |  | 12 |  |  110 ILCS 947/50 |   |    |  | 13 |  |  110 ILCS 947/52 |   |  |  |  | 14 |  |  110 ILCS 947/62 |  |    |  | 15 |  |  215 ILCS 5/500-50 |   |  |  |  | 16 |  |  225 ILCS 65/80-40 |  |    |  | 17 |  |  225 ILCS 85/9 | from Ch. 111, par. 4129 |     |  | 18 |  |  225 ILCS 235/5 | from Ch. 111 1/2, par. 2205 |   |  |  | 19 |  |  225 ILCS 427/40 |  |    |  | 20 |  |  225 ILCS 441/5-10 |   |    |  | 21 |  |  225 ILCS 454/5-10 |   |  |  |  | 22 |  |  225 ILCS 454/5-27 |  |  |  |  | 23 |  |  225 ILCS 454/5-28 |  |    |  | 24 |  |  305 ILCS 5/4-1.9 | from Ch. 23, par. 4-1.9 |     |  | 25 |  |  305 ILCS 5/9A-8 | from Ch. 23, par. 9A-8 |   |  | 
 |     |  | |  |  | SB3792 Enrolled | - 132 - | LRB102 25808 CMG 35148 b | 
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