Public Act 101-0506
HB3299 EnrolledLRB101 08670 RLC 53754 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 4-211 as
    (405 ILCS 5/4-211 new)
    Sec. 4-211. Sex education for persons admitted to a
developmental disability facility and receiving habilitation.
In this Section, "healthy sexual practices" means a state of
physical, emotional, mental, and social well-being in relation
to sexuality. A person admitted to a developmental disability
facility and receiving habilitation shall have access to sex
education, related resources, and treatment planning that
supports his or her right to sexual health and healthy sexual
practices and to be free from sexual exploitation and abuse.
The person receiving habilitation shall be assessed:
        (1) on whether he or she has decision making capacity
    to give consent to sexual activity; and
        (2) for developmentally appropriate sex education
    materials and resources.
    As part of the assessments, consideration shall be given to
medical, psychological, and psycho-social evaluations. The
person's decision making capacity to consent to sexual activity
and the developmentally appropriate sex education materials
and resources shall be determined by the treatment team that
includes the individual, professionals who have knowledge of
the individual, and the individual's guardian, if appointed.
Guardian decision making shall be made in accordance with the
court order of appointment and the standards of decision making
established by Section 11a-17 of the Probate Act of 1975. The
Department shall approve course material in sex education.
Course material and instruction in sex education shall:
        (A) be appropriate to the developmental disability of
    the recipient;
        (B) present identity as a part of mature adulthood;
        (C) replicate evidence-based programs or substantially
    incorporate elements of evidence-based programs;
        (D) place substantial emphasis on the prevention of
    pregnancy and sexually transmitted infections and diseases
    and shall stress that abstinence is the ensured method of
    avoiding unintended pregnancy and sexually transmitted
    infections and diseases, including HIV/AIDS;
        (E) include a discussion of the possible emotional and
    psychological consequences of sexual intercourse and the
    consequences of unwanted pregnancy;
        (F) stress that sexually transmitted infections and
    diseases are serious possible health hazards of unwanted
        (G) provide information on the use or effectiveness of
    condoms in preventing pregnancy, HIV/AIDS, and other
    sexually transmitted infections and diseases;
        (H) teach recipients to avoid behavior that could be
    interpreted as unwanted sexual advances, and how to reject
    unwanted sexual advances; and
        (I) explain signs of possible dangers from potential
    The Department may not withhold approval of materials that
otherwise meet the criteria specified in this Section on the
basis that they include or refer to a religious or faith based

Effective Date: 1/1/2020