Rep. William Davis
Filed: 5/17/2018
 
 

 

 

 
10000HB1446ham001LRB100 03172 RLC 38923 a



1
AMENDMENT TO HOUSE BILL 1446 




2    AMENDMENT NO. ______. Amend House Bill 1446 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Mental Health and Developmental 
5Disabilities Code is amended  by adding Section 4-211 as 
6follows:
 
7    (405 ILCS 5/4-211 new)
8    Sec. 4-211. Sex education for persons admitted to a 
9developmental disability facility. A person
admitted to a 
10developmental disability facility shall have access to sex 
11education, related
resources and treatment planning that 
12supports his or her right to sexual expression, including

13access reviews of whether the admitted person is capable of 
14giving consent to sexual activity.
The Department shall approve 
15course material in sex education. Course material and

16instruction in sex education shall: (1) be appropriate to the 
 
 
10000HB1446ham001- 2 -LRB100 03172 RLC 38923 a

1developmental disability level of
the recipient, medically 
2accurate, and complete; (2) present identity as a part of 
3mature
adulthood; (3) replicate evidence-based programs or 
4substantially incorporate elements of
evidence-based programs; 
5(4) place substantial emphasis on the prevention of pregnancy 
6and
sexually transmitted diseases and shall stress that 
7abstinence is the ensured method of
avoiding unintended 
8pregnancy, sexually transmitted diseases, and HIV/AIDS; (S) 
9include a
discussion of the possible emotional and 
10psychological consequences of sexual intercourse
and the 
11consequences of unwanted pregnancy; (6) stress that sexually 
12transmitted diseases
are serious possible health hazards of 
13sexual intercourse; (7) provide statistics based on the
latest 
14medical information citing the failure and success rates of 
15condoms in preventing
HIV/AIDS and other sexually transmitted 
16diseases; (8) teach recipients to avoid behavior that
could be 
17interpreted as unwanted sexual advances, and how to reject 
18unwanted sexual
advances; and (9) signs of possible dangers 
19from potential predators. The Department shall
not withhold 
20approval of materials that otherwise meet the criteria 
21specified in this Section on the basis that
they include or 
22refer to a religious or faith based perspective.".