Illinois General Assembly - Full Text of HB3299
Illinois General Assembly

Previous General Assemblies

Full Text of HB3299  101st General Assembly




HB3299 EnrolledLRB101 08670 RLC 53754 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 4-211 as
7    (405 ILCS 5/4-211 new)
8    Sec. 4-211. Sex education for persons admitted to a
9developmental disability facility and receiving habilitation.
10In this Section, "healthy sexual practices" means a state of
11physical, emotional, mental, and social well-being in relation
12to sexuality. A person admitted to a developmental disability
13facility and receiving habilitation shall have access to sex
14education, related resources, and treatment planning that
15supports his or her right to sexual health and healthy sexual
16practices and to be free from sexual exploitation and abuse.
17The person receiving habilitation shall be assessed:
18        (1) on whether he or she has decision making capacity
19    to give consent to sexual activity; and
20        (2) for developmentally appropriate sex education
21    materials and resources.
22    As part of the assessments, consideration shall be given to
23medical, psychological, and psycho-social evaluations. The



HB3299 Enrolled- 2 -LRB101 08670 RLC 53754 b

1person's decision making capacity to consent to sexual activity
2and the developmentally appropriate sex education materials
3and resources shall be determined by the treatment team that
4includes the individual, professionals who have knowledge of
5the individual, and the individual's guardian, if appointed.
6Guardian decision making shall be made in accordance with the
7court order of appointment and the standards of decision making
8established by Section 11a-17 of the Probate Act of 1975. The
9Department shall approve course material in sex education.
10Course material and instruction in sex education shall:
11        (A) be appropriate to the developmental disability of
12    the recipient;
13        (B) present identity as a part of mature adulthood;
14        (C) replicate evidence-based programs or substantially
15    incorporate elements of evidence-based programs;
16        (D) place substantial emphasis on the prevention of
17    pregnancy and sexually transmitted infections and diseases
18    and shall stress that abstinence is the ensured method of
19    avoiding unintended pregnancy and sexually transmitted
20    infections and diseases, including HIV/AIDS;
21        (E) include a discussion of the possible emotional and
22    psychological consequences of sexual intercourse and the
23    consequences of unwanted pregnancy;
24        (F) stress that sexually transmitted infections and
25    diseases are serious possible health hazards of unwanted
26    pregnancy;



HB3299 Enrolled- 3 -LRB101 08670 RLC 53754 b

1        (G) provide information on the use or effectiveness of
2    condoms in preventing pregnancy, HIV/AIDS, and other
3    sexually transmitted infections and diseases;
4        (H) teach recipients to avoid behavior that could be
5    interpreted as unwanted sexual advances, and how to reject
6    unwanted sexual advances; and
7        (I) explain signs of possible dangers from potential
8    predators.
9    The Department may not withhold approval of materials that
10otherwise meet the criteria specified in this Section on the
11basis that they include or refer to a religious or faith based