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| [ Engrossed ] | [ Senate Amendment 002 ] |
90_SB1430
210 ILCS 50/34 new
Amends the Emergency Medical Services (EMS) Systems Act.
Requires criminal background checks for persons who are
employed as an emergency medical technician, first responder,
trauma nurse specialist, or prehospital registered nurse.
Provides that a person who has been convicted of certain
provisions of the Criminal Code of 1961, the Wrongs to
Children Act, Cannabis Control Act, or the Illinois
Controlled Substances Act may not be employed as an emergency
medical technician, first responder, trauma nurse specialist,
or prehospital registered nurse. Among the specified
offenses are homicide, kidnapping, sex offenses, assaults,
batteries, financial crimes against the elderly, theft,
alcohol related offenses involving a motor vehicle, and
various drug violations. Effective immediately.
LRB9011375JSmg
LRB9011375JSmg
1 AN ACT to amend the Emergency Medical Services (EMS)
2 Systems Act by adding Section 34.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Emergency Medical Services (EMS) Systems
6 Act is amended by adding Section 34 as follows:
7 (210 ILCS 50/34 new)
8 Sec. 34. Emergency medical personnel criminal history
9 records.
10 (a) Applicability. This Section applies to all persons
11 who are employed or who provide volunteer services as an
12 emergency medical technician (EMT), first responder, trauma
13 nurse specialist (TNS), or prehospital RN.
14 (b) Persons ineligible to be hired or to volunteer
15 services as an EMT, first responder, TNS, or prehospital RN.
16 (1) Persons ineligible to be hired by health care
17 employers. After January 1, 1999, or January 1, 2000, as
18 applicable, no employer shall knowingly hire, employ, or
19 retain an EMT, first responder, TNS, or prehospital RN
20 who has been convicted of committing or attempting to
21 commit one or more of the offenses defined in Section
22 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2,
23 9-3.3, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6,
24 11-9.1, 11-19.2, 11-20.1, 12-2, 12-4, 12-4.1, 12-4.2,
25 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11,
26 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21,
27 12-21.6, 12-32, 12-33, 16-1.3, 17-3, 18-2, 18-3, 18-4,
28 18-5, 20-1, 20-1.1, 24-1.2, 24-1.5, or 33A-2 of the
29 Criminal Code of 1961; those provided in Section 4 of the
30 Wrongs to Children Act; or those defined in Sections 401,
31 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
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1 Controlled Substances Act, unless the applicant or
2 employee obtains a waiver pursuant to subsection (e) of
3 this Section.
4 (2) After January 1, 1999 or January 1, 2000, as
5 applicable, no employer shall knowingly hire or use the
6 volunteer services of any EMT, first responder, TNS, or
7 prehospital RN who has been convicted of committing, or
8 attempting to commit within the last 2 years one or more
9 of the offenses defined in Section 12-1, 12-3, 12-3.1,
10 12-3.2, 12-11, 16-1, 16A-3, 17-3, 18-1, 19-1, 19-3, 19-4,
11 24-1, or 33A-2 of the Criminal Code of 1961, unless the
12 applicant or employee obtains a waiver pursuant to
13 subsection (e) of this Section.
14 (3) After January 1, 1999 or January 1, 2000, as
15 applicable, no employer shall knowingly hire or use the
16 volunteer services of any EMT, first responder, TNS, or
17 prehospital RN who has been convicted of committing one
18 or more of the offenses defined in Section 11-501 of the
19 Illinois Vehicle Code, those defined in Section 4 of the
20 Cannabis Control Act, or those defined in Section 402 of
21 the Illinois Controlled Substances Act unless both of the
22 following are met:
23 (A) the date of the conviction was 12 months or
24 more before the date of the criminal history records
25 check; and
26 (B) the applicant or employee provides
27 documentation of participation in a recognized
28 alcohol drug recovery program.
29 (c) Periodic criminal records checks.
30 (1) An employer may choose to accept an authentic
31 UCIA criminal history records check result that is less
32 than 12 months old instead of initiating a background
33 check at the time of employment.
34 (2) The employer must send a copy of the UCIA
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1 criminal history record check to the Department for the
2 EMT, first responder, TNS or prehospital RN, noting the
3 individual's Social Security number, within 30 days of
4 receipt.
5 (3) At the time of license renewal, an EMT must
6 submit a UCIA criminal records check result that is less
7 than 12 months old, or a UCIA criminal records check and
8 a statement from the employer verifying that the
9 individual has been continuously employed with the
10 employer since the date of the UCIA criminal records
11 check result or before.
12 (d) UCIA records check.
13 (1) An educational entity, other than a secondary
14 school, conducting a training program for EMTs, first
15 responders, TNSs, or prehospital RNs must initiate a UCIA
16 criminal history records check within 10 days of the
17 student's first day of class.
18 (2) Beginning, January 1, 1999, an employer who
19 makes a conditional offer of employment to an applicant
20 must initiate or have initiated on his or her behalf,
21 within 10 days of employment, a UCIA criminal history
22 record check for that applicant.
23 (3) No later than January 1, 2000, an employer must
24 initiate or have initiated on his or her behalf a UCIA
25 criminal history record check for all EMTs, first
26 responders, TNSs, or prehospital RNs other than those
27 enumerated in paragraphs (1) and (2) of this subsection.
28 (4) A fingerprint-based UCIA background check may
29 be used instead of or in addition to a nonfingerprint
30 based check.
31 (5) An employer having actual knowledge from a
32 source other than a nonfingerprint based check that an
33 EMT, first responder, TNS, or prehospital RN has been
34 convicted of committing or attempting to commit one of
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1 the offenses enumerated in subsection (b) of this Section
2 must initiate a fingerprint-based background check, or
3 obtain a copy of court records verifying a conviction or
4 not, within 10 working days of acquiring that knowledge.
5 The employer may continue to employ that individual in a
6 direct care position, may reassign that individual to a
7 non-direct care position, or may suspend the individual
8 until the results of the fingerprint-based background
9 check or the court records are received.
10 (6) The request for a UCIA criminal history record
11 check must be in the form prescribed by the Department of
12 State Police.
13 (7) The applicant or employee must be notified of
14 the following, whenever a nonfingerprint check search is
15 made:
16 (A) that the employer shall request or have
17 requested on his or her behalf a UCIA criminal
18 history record check pursuant to this Act;
19 (B) that the applicant or employee has a right
20 to obtain a copy of the criminal records report,
21 challenge the accuracy and completeness of the
22 report, and request a waiver under subsection (e) of
23 this Section;
24 (C) that the applicant, if hired
25 conditionally, may be terminated if the criminal
26 records report indicates that the applicant has a
27 record of conviction of any of the criminal offenses
28 enumerated in subsection (b) of this Section unless
29 that applicant's identity is validated and it is
30 determined that the applicant does not have a
31 disqualifying criminal history record based on a
32 fingerprint-based records check;
33 (D) that the applicant, if not hired
34 conditionally, shall not be hired if the criminal
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1 record report indicates that the applicant has a
2 record of conviction of any of the criminal offenses
3 enumerated in subsection (b) of this Section unless
4 the applicant's record is cleared based on a
5 fingerprint-based records check;
6 (E) that the employee may be terminated if the
7 criminal records report indicates that the employee
8 has a record of conviction of any of the criminal
9 offenses enumerated in subsection (b) of this
10 Section unless the employee's record is cleared
11 based on a fingerprint-based records check.
12 (8) An employer may conditionally employ or use the
13 volunteer services of an applicant as an EMT, first
14 responder, TNS, or prehospital RN for up to 3 months
15 pending the results of a UCIA criminal history record
16 check.
17 (9) An employer may retain the individual in a
18 direct care position if the individual presents clear and
19 convincing evidence to the employer that the
20 nonfingerprint-based criminal records report is invalid
21 and if there is a good faith belief on the part of the
22 employer that the individual did not commit an offense
23 listed in subsection (b) of this Section, pending
24 positive verification through a fingerprint-based
25 criminal records check.
26 (e) Waiver.
27 (1) An individual or employer acting on behalf of an
28 individual may request a waiver of the prohibition
29 against employment by submitting the following
30 information to the Department:
31 (A) information necessary to initiate a
32 fingerprint-based UCIA criminal records check in a
33 form and manner prescribed by the Department of
34 State Police; and
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1 (B) the fee for a fingerprint-based UCIA
2 criminal records check, which shall not exceed the
3 actual cost of the record check.
4 (2) The Department may accept the results of the
5 fingerprint-based UCIA criminal records check instead of
6 the items required by paragraphs (1)(A) and (B) of
7 subsection (d) of this Section.
8 (3) The Department may grant a waiver based upon
9 any mitigating circumstances, which may include, but need
10 not be limited to:
11 (A) the age of the applicant or employee when
12 the crime was committed;
13 (B) the circumstances surrounding the crime;
14 (C) the length of time since the conviction;
15 (D) the applicant or employee's criminal
16 history since the conviction,
17 (E) the applicant or employee's work history;
18 (F) the applicant or employee's current
19 employment references;
20 (G) the applicant or employee's character
21 references;
22 (H) other evidence demonstrating the ability
23 of the applicant or employee to perform the
24 employment responsibilities competently, and
25 evidence that the individual does not pose a threat
26 to the health or safety of residents, patients, or
27 clients.
28 (4) A person may not be employed as an EMT, first
29 responder, TNS, or prehospital RN during the pendency of
30 a waiver request.
31 (5) The Department shall be immune from liability
32 for any waivers granted under this Section.
33 (6) An employer is not obligated to employ or offer
34 permanent employment to an applicant, or to retain an
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1 employee who is granted a waiver under this Section.
2 (f) Immunity from liability.
3 An employer shall not be liable for the failure to hire
4 or to retain an EMT, first responder, TNS, or prehospital RN
5 who has been convicted of committing or attempting to commit
6 one or more of the offenses enumerated in subsection (b) of
7 this Section. However, if an EMT, first responder, TNS, or
8 prehospital RN is suspended from employment based on the
9 results of a criminal background check conducted under this
10 Act and the results prompting the suspension are subsequently
11 found to be inaccurate, the EMT, first responder, TNS, or
12 prehospital RN is entitled to recover back pay from the
13 employer for the suspension period, provided that the
14 employer is the cause of the inaccuracy.
15 No employer shall be chargeable for any benefit charges
16 that result from the payment of unemployment benefits to any
17 claimant when the claimant's separation from that employer
18 occurred because the claimant's criminal background included
19 an offense enumerated in subsection (b) of this Section, or
20 the claimant's separation from that employer occurred as a
21 result of the claimant's violating a policy that the employer
22 was required to maintain pursuant to the Drug Free Workplace
23 Act.
24 (g) Offense.
25 (1) Any person whose profession is job counseling
26 who knowingly counsels any person who has been convicted
27 of committing or attempting to commit any of the offenses
28 enumerated in subsection (b) of this Section to apply for
29 a position as an EMT, first responder, TNS, or
30 prehospital RN shall be guilty of a Class A misdemeanor
31 unless a waiver is granted pursuant to subsection (e) of
32 this Section.
33 (2) This subsection does not apply to an individual
34 performing official duties in connection with the
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1 administration of the State employment service described
2 in Section 1705 of the Unemployment Insurance Act.
3 ytSection 99. Effective date. This Act takes effect upon
4 becoming law.