Bill Amendment: IL HB0344 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: AUTHORIZED ELECTRONIC MONITOR
Status: 2019-08-09 - Public Act . . . . . . . . . 101-0229 [HB0344 Detail]
Download: Illinois-2019-HB0344-House_Amendment_004.html
Bill Title: AUTHORIZED ELECTRONIC MONITOR
Status: 2019-08-09 - Public Act . . . . . . . . . 101-0229 [HB0344 Detail]
Download: Illinois-2019-HB0344-House_Amendment_004.html
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1 | AMENDMENT TO HOUSE BILL 344
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2 | AMENDMENT NO. ______. Amend House Bill 344 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Authorized Electronic Monitoring in Community-Integrated | ||||||
6 | Living Arrangements and Developmental Disability Facilities | ||||||
7 | Act.
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8 | Section 5. Definitions. As used in this Act:
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9 | "Authorized electronic monitoring" means the placement and | ||||||
10 | use of an electronic monitoring device by a resident in his or | ||||||
11 | her room in accordance with this Act. | ||||||
12 | "Community-integrated living arrangement" has the meaning | ||||||
13 | given to that term in Section 3 of the Community-Integrated | ||||||
14 | Living Arrangements Licensure and Certification Act. | ||||||
15 | "Department" means the Department of Human Services.
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16 | "Developmental disability facility" means a facility or |
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1 | section of a facility that is licensed by, operated by, or is | ||||||
2 | under contract with the State or a political subdivision of the | ||||||
3 | State and that admits persons with developmental disabilities | ||||||
4 | for residential services. | ||||||
5 | "Electronic monitoring device" means a surveillance | ||||||
6 | instrument with a fixed position video camera or an audio | ||||||
7 | recording device, or a combination thereof, that is installed | ||||||
8 | in a resident's room under the provisions of this Act and | ||||||
9 | broadcasts or records activity or sounds occurring in the room. | ||||||
10 | "Resident" means a person residing in a | ||||||
11 | community-integrated living arrangement or developmental | ||||||
12 | disability facility. | ||||||
13 | "Staff" includes individuals providing supervisory of | ||||||
14 | other services at a community-integrated living arrangement or | ||||||
15 | developmental disability facility.
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16 | Section 10. Authorized electronic monitoring. | ||||||
17 | (a) A resident shall be permitted to conduct authorized | ||||||
18 | electronic monitoring of the resident's room through the use of | ||||||
19 | electronic monitoring devices placed in the room pursuant to | ||||||
20 | this Act. | ||||||
21 | (b) Nothing in this Act shall be construed to allow the use | ||||||
22 | of an electronic monitoring device to take still photographs or | ||||||
23 | for the nonconsensual interception of private communications.
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24 | Section 15. Consent.
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1 | (a) Except as otherwise provided in this subsection, a | ||||||
2 | resident, a resident's plenary guardian of the person, or the | ||||||
3 | parent of a resident under the age of 18 must consent in | ||||||
4 | writing on a notification and consent form prescribed by the | ||||||
5 | Department to the authorized electronic monitoring in the | ||||||
6 | resident's room. | ||||||
7 | (b) A resident or roommate may consent to authorized | ||||||
8 | electronic monitoring with any conditions of the resident's | ||||||
9 | choosing, including, but not limited to, the list of standard | ||||||
10 | conditions provided in paragraph (7) of subsection (b) of | ||||||
11 | Section 20. A resident or roommate may request that the | ||||||
12 | electronic monitoring device be turned off or the visual | ||||||
13 | recording component of the electronic monitoring device be | ||||||
14 | blocked at any time. | ||||||
15 | (c) Prior to the authorized electronic monitoring, a
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16 | resident must obtain the written consent of any other resident
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17 | residing in the room on the notification and consent form | ||||||
18 | prescribed by the Department. Except as otherwise provided in | ||||||
19 | this subsection, a roommate, a roommate's plenary guardian of | ||||||
20 | the person, or the parent of a roommate under the age of 18 | ||||||
21 | must consent in writing to the authorized electronic monitoring | ||||||
22 | in the resident's room. | ||||||
23 | (c-7) Any resident previously conducting authorized | ||||||
24 | electronic monitoring must obtain consent from any new roommate | ||||||
25 | before the resident may resume authorized electronic | ||||||
26 | monitoring.
If a new roommate does not consent to authorized |
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1 | electronic monitoring and the resident conducting the | ||||||
2 | authorized electronic monitoring does not remove or disable the | ||||||
3 | electronic monitoring device, the staff shall turn off the | ||||||
4 | device. | ||||||
5 | (d) Consent may be withdrawn by the resident or roommate at | ||||||
6 | any time, and the
withdrawal of consent shall be documented in | ||||||
7 | the resident's
clinical record. If a roommate withdraws consent | ||||||
8 | and the resident
conducting the authorized electronic | ||||||
9 | monitoring does not
remove or disable the electronic monitoring | ||||||
10 | device, the
staff may turn off the electronic monitoring | ||||||
11 | device. | ||||||
12 | (e) If a resident who is residing in a shared room wants to | ||||||
13 | conduct authorized electronic monitoring and another resident | ||||||
14 | living in or moving into the same shared room refuses to | ||||||
15 | consent to the use of an electronic monitoring device, the | ||||||
16 | staff shall make a reasonable attempt to accommodate the | ||||||
17 | resident who wants to conduct authorized electronic | ||||||
18 | monitoring.
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19 | Section 20. Notice to the staff.
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20 | (a) Authorized electronic monitoring may begin only after a | ||||||
21 | notification and consent form prescribed by the Department has | ||||||
22 | been completed and submitted to the staff.
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23 | (b) A resident shall notify the staff in writing of his or | ||||||
24 | her intent to install an electronic monitoring device by | ||||||
25 | providing a completed notification and consent form prescribed |
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1 | by the Department that must include, at minimum, the following | ||||||
2 | information: | ||||||
3 | (1) the resident's signed consent to electronic | ||||||
4 | monitoring or the signature of the person consenting on | ||||||
5 | behalf of the resident in accordance with Section 15 of | ||||||
6 | this Act; if a person other than the resident signs the | ||||||
7 | consent form, the form must document the following:
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8 | (A) the date the resident was asked if he or she | ||||||
9 | wants authorized electronic monitoring to be conducted | ||||||
10 | in accordance with subsection (a-5) of Section 15; | ||||||
11 | (B) who was present when the resident was asked; | ||||||
12 | and | ||||||
13 | (C) an acknowledgment that the resident did not | ||||||
14 | affirmatively object; and | ||||||
15 | (2) the resident's roommate's signed consent or the | ||||||
16 | signature of the person consenting on behalf of the | ||||||
17 | resident in accordance with Section 15 of this Act, if | ||||||
18 | applicable, and any conditions placed on the roommate's | ||||||
19 | consent; if a person other than the roommate signs the | ||||||
20 | consent form, the form must document the following: | ||||||
21 | (A) the date the roommate was asked if he or she | ||||||
22 | wants authorized electronic monitoring to be conducted | ||||||
23 | in accordance with subsection (a-5) of Section 15; | ||||||
24 | (B) who was present when the roommate was asked; | ||||||
25 | and | ||||||
26 | (C) an acknowledgment that the roommate did not |
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1 | affirmatively object; and | ||||||
2 | (3) the type of electronic monitoring device to be | ||||||
3 | used; | ||||||
4 | (4) any installation needs, such as mounting of a | ||||||
5 | device to a wall or ceiling; | ||||||
6 | (5) the proposed date of installation for scheduling | ||||||
7 | purposes; | ||||||
8 | (6) a copy of any contract for maintenance of the | ||||||
9 | electronic monitoring device by a commercial entity; | ||||||
10 | (7) a list of standard conditions or restrictions that | ||||||
11 | the resident or a roommate may elect to place on use of the | ||||||
12 | electronic monitoring device, including, but not limited | ||||||
13 | to: | ||||||
14 | (A) prohibiting audio recording; | ||||||
15 | (B) prohibiting broadcasting of audio or video; | ||||||
16 | (C) turning off the electronic monitoring device | ||||||
17 | or blocking the visual recording component of the | ||||||
18 | electronic monitoring device for the duration of an | ||||||
19 | exam or procedure by a health care professional; | ||||||
20 | (D) turning off the electronic monitoring device | ||||||
21 | or blocking the visual recording component of the | ||||||
22 | electronic monitoring device while dressing or bathing | ||||||
23 | is performed; and | ||||||
24 | (E) turning the electronic monitoring device off | ||||||
25 | for the duration of a visit with a spiritual advisor, | ||||||
26 | ombudsman, attorney, financial planner, intimate |
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1 | partner, or other visitor; and | ||||||
2 | (8) any other condition or restriction elected by the | ||||||
3 | resident or roommate on the use of an electronic monitoring | ||||||
4 | device.
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5 | (c) A copy of the completed notification and consent form | ||||||
6 | shall be placed in the resident's and any roommate's clinical | ||||||
7 | record and a copy shall be provided to the resident and his or | ||||||
8 | her roommate, if applicable. | ||||||
9 | (d) The Department shall prescribe the notification and | ||||||
10 | consent form required in this Section no later than 60 days | ||||||
11 | after the effective date of this Act. If the Department has not | ||||||
12 | prescribed such a form by that date, the Office of the Attorney | ||||||
13 | General shall post a notification and consent form on its | ||||||
14 | website for resident use until the Department has prescribed | ||||||
15 | the form.
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16 | Section 25. Cost and installation.
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17 | (a) A resident choosing to conduct authorized electronic | ||||||
18 | monitoring must do so at his or her own expense, including | ||||||
19 | paying purchase, installation, maintenance, and removal costs. | ||||||
20 | (b) If a resident chooses to install an electronic | ||||||
21 | monitoring device that uses Internet technology for visual or | ||||||
22 | audio monitoring, that resident is responsible for contracting | ||||||
23 | with an Internet service provider and installing a secure, | ||||||
24 | password-protected network. | ||||||
25 | (c) The staff shall make a reasonable attempt to |
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1 | accommodate the resident's installation needs, including, but | ||||||
2 | not limited to, allowing access to a telecommunications or | ||||||
3 | equipment room. Staff has the burden of proving that a | ||||||
4 | requested accommodation is not reasonable. | ||||||
5 | (d) The electronic monitoring device must be placed in a | ||||||
6 | conspicuously visible location in the room. | ||||||
7 | (e) The resident may not be charged a fee for the cost of | ||||||
8 | electricity used by an electronic monitoring device. | ||||||
9 | (f) All electronic monitoring device installations and | ||||||
10 | supporting services shall comply with the requirements of the | ||||||
11 | edition of the National Fire Protection Association (NFPA) 101 | ||||||
12 | Life Safety Code in force at the time of installation and shall | ||||||
13 | remain in compliance with that or any subsequent edition of | ||||||
14 | NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code | ||||||
15 | of Federal Regulations.
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16 | Section 27. Assistance program. | ||||||
17 | (a) Subject to appropriation, the Department shall | ||||||
18 | establish a program to assist residents receiving medical | ||||||
19 | assistance under Article V of the Illinois Public Aid Code in | ||||||
20 | accessing authorized electronic monitoring.
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21 | (b) The Department shall distribute up to $50,000 in funds | ||||||
22 | on an annual basis to residents receiving medical assistance | ||||||
23 | under Article V of the Illinois Public Aid Code for the | ||||||
24 | purchase and installation of authorized electronic monitoring | ||||||
25 | devices.
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1 | (c) Applications for funds and disbursement of funds must | ||||||
2 | be made in a manner prescribed by the Department.
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3 | Section 30. Notice to visitors.
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4 | (a) If a resident of a community-integrated living | ||||||
5 | arrangement or developmental disability facility conducts | ||||||
6 | authorized electronic monitoring, a sign shall be clearly and | ||||||
7 | conspicuously posted at all building entrances accessible to | ||||||
8 | visitors. The notice must be entitled "Electronic Monitoring" | ||||||
9 | and must state, in large, easy-to-read type, "The rooms of some | ||||||
10 | residents may be monitored electronically by or on behalf of | ||||||
11 | the residents.".
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12 | (b) A sign shall be clearly and conspicuously posted at the | ||||||
13 | entrance to a resident's room where authorized electronic | ||||||
14 | monitoring is being conducted. The notice must state, in large, | ||||||
15 | easy-to-read type, "This room is electronically monitored.". | ||||||
16 | (c) Staff is responsible for installing and maintaining the | ||||||
17 | signage required in this Section.
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18 | Section 40. Obstruction of electronic monitoring devices.
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19 | (a) A person or entity is prohibited from knowingly | ||||||
20 | hampering, obstructing, tampering with, or destroying an | ||||||
21 | electronic monitoring device installed in a resident's room | ||||||
22 | without the permission of the resident or the individual who | ||||||
23 | consented on behalf of the resident in accordance with Section | ||||||
24 | 15 of this Act. |
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1 | (b) A person or entity is prohibited from knowingly | ||||||
2 | hampering, obstructing, tampering with, or destroying a video | ||||||
3 | or audio recording obtained in accordance with this Act without | ||||||
4 | the permission of the resident or the individual who consented | ||||||
5 | on behalf of the resident in accordance with Section 15 of this | ||||||
6 | Act. | ||||||
7 | (c) A person or entity that violates this Section is guilty | ||||||
8 | of a Class B misdemeanor. A person or entity that violates this | ||||||
9 | Section in the commission of or to conceal a misdemeanor | ||||||
10 | offense is guilty of a Class A misdemeanor. A person or entity | ||||||
11 | that violates this Section in the commission of or to conceal a | ||||||
12 | felony offense is guilty of a Class 4 felony.
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13 | (d) It is not a violation of this Section if a person or | ||||||
14 | staff turns off the electronic monitoring device or blocks the | ||||||
15 | visual recording component of the electronic monitoring device | ||||||
16 | at the direction of the resident or the person who consented on | ||||||
17 | behalf of the resident in accordance with Section 15 of this | ||||||
18 | Act.
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19 | Section 45. Dissemination of recordings. | ||||||
20 | (a) Staff may not access any video or audio recording | ||||||
21 | created through authorized electronic monitoring without the | ||||||
22 | written consent of the resident or the person who consented on | ||||||
23 | behalf of the resident in accordance with Section 15 of this | ||||||
24 | Act.
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25 | (b) Except as required under the Freedom of Information |
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1 | Act, a recording or copy of a recording made pursuant to this | ||||||
2 | Act may only be disseminated for the purpose of addressing | ||||||
3 | concerns relating to the health, safety, or welfare of a | ||||||
4 | resident or residents. | ||||||
5 | (c) The resident or person who consented on behalf of the | ||||||
6 | resident in accordance with Section 15 of this Act shall | ||||||
7 | provide a copy of any video or audio recording to parties | ||||||
8 | involved in a civil, criminal, or administrative proceeding, | ||||||
9 | upon a party's request, if the video or audio recording was | ||||||
10 | made during the time period that the conduct at issue in the | ||||||
11 | proceeding allegedly occurred.
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12 | Section 50. Admissibility of evidence. Subject to | ||||||
13 | applicable rules of evidence and procedure, any video or audio | ||||||
14 | recording created through authorized electronic monitoring in | ||||||
15 | accordance with this Act may be admitted into evidence in a | ||||||
16 | civil, criminal, or administrative proceeding if the contents | ||||||
17 | of the recording have not been edited or artificially enhanced | ||||||
18 | and the video recording includes the date and time the events | ||||||
19 | occurred.
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20 | Section 55. Report. Staff of each community-integrated | ||||||
21 | living arrangement and developmental disability facility shall | ||||||
22 | report to the Department, in a manner prescribed by the | ||||||
23 | Department, the number of authorized electronic monitoring | ||||||
24 | notification and consent forms received annually. The |
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1 | Department shall report the total number of authorized | ||||||
2 | electronic monitoring notification and consent forms received | ||||||
3 | by staff of community-integrated living arrangements and | ||||||
4 | developmental disability facilities to the Office of the | ||||||
5 | Attorney General annually.
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6 | Section 60. Liability. | ||||||
7 | (a) A community-integrated living arrangement or | ||||||
8 | developmental disability facility is not civilly or criminally | ||||||
9 | liable for the inadvertent or intentional disclosure of a | ||||||
10 | recording by a resident or a person who consents on behalf of | ||||||
11 | the resident for any purpose not authorized by this Act. | ||||||
12 | (b) A community-integrated living arrangement or | ||||||
13 | developmental disability facility is not civilly or criminally | ||||||
14 | liable for a violation of a resident's right to privacy arising | ||||||
15 | out of any electronic monitoring conducted pursuant to this | ||||||
16 | Act.
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17 | Section 65. Rules. The Department shall adopt rules | ||||||
18 | necessary to administer and enforce any Section of this Act. | ||||||
19 | Rulemaking shall not delay the full implementation of this Act.
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20 | Section 900. The Community-Integrated Living Arrangements | ||||||
21 | Licensure and
Certification Act is amended by adding Section | ||||||
22 | 14.5 as follows:
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1 | (210 ILCS 135/14.5 new) | ||||||
2 | Sec. 14.5. Authorized electronic monitoring of a
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3 | resident's room. | ||||||
4 | (a) A resident shall be permitted to conduct
authorized | ||||||
5 | electronic monitoring of the resident's room
through the use of | ||||||
6 | electronic monitoring devices placed in the
room pursuant to | ||||||
7 | the Authorized Electronic Monitoring in
Community-Integrated | ||||||
8 | Living Arrangements and Developmental Disability Facilities | ||||||
9 | Act. | ||||||
10 | (b) No person shall: | ||||||
11 | (1) intentionally retaliate or discriminate against | ||||||
12 | any resident for consenting to authorized electronic | ||||||
13 | monitoring under the Authorized Electronic Monitoring in | ||||||
14 | Community-Integrated Living Arrangements and Developmental | ||||||
15 | Disability Facilities Act; or | ||||||
16 | (2) prevent the installation or use of an electronic | ||||||
17 | monitoring device by a resident who has provided the staff | ||||||
18 | of the community-integrated living arrangement with notice | ||||||
19 | and consent as required in Section 20 of the Authorized | ||||||
20 | Electronic Monitoring in Community-Integrated Living | ||||||
21 | Arrangements and Developmental Disability Facilities Act. | ||||||
22 | A violation of this subsection is a business offense, | ||||||
23 | punishable by a fine not to exceed $1,000. The State's Attorney | ||||||
24 | of the county in which the community-integrated living | ||||||
25 | arrangement is located, or the Attorney General, shall be | ||||||
26 | notified by the Director of any violations of this subsection.
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1 | Section 905. The Mental Health and Developmental | ||||||
2 | Disabilities Code is amended by adding Section 2-116 as | ||||||
3 | follows:
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4 | (405 ILCS 5/2-116 new) | ||||||
5 | Sec. 2-116. Authorized electronic monitoring of a
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6 | recipient's room. | ||||||
7 | (a) A recipient who resides in a developmental disability | ||||||
8 | facility shall be permitted to conduct
authorized electronic | ||||||
9 | monitoring of the recipient's room
through the use of | ||||||
10 | electronic monitoring devices placed in the
room pursuant to | ||||||
11 | the Authorized Electronic Monitoring in
Community-Integrated | ||||||
12 | Living Arrangements and Developmental Disability Facilities | ||||||
13 | Act. | ||||||
14 | (b) No person shall: | ||||||
15 | (1) intentionally retaliate or discriminate against | ||||||
16 | any recipient for consenting to authorized electronic | ||||||
17 | monitoring under the Authorized Electronic Monitoring in | ||||||
18 | Community-Integrated Living Arrangements and Developmental | ||||||
19 | Disability Facilities Act; or | ||||||
20 | (2) prevent the installation or use of an electronic | ||||||
21 | monitoring device by a recipient who resides in a | ||||||
22 | developmental disability facility who has provided the | ||||||
23 | staff of the developmental disability facility with notice | ||||||
24 | and consent as required in Section 20 of the Authorized |
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1 | Electronic Monitoring in Community-Integrated Living | ||||||
2 | Arrangements Act and Developmental Disability Facilities | ||||||
3 | Act. | ||||||
4 | A violation of this subsection is a business offense, | ||||||
5 | punishable by a fine not to exceed $1,000. The State's Attorney | ||||||
6 | of the county in which the developmental disability facility is | ||||||
7 | located, or the Attorney General, shall be notified by the | ||||||
8 | Director of any violations of this subsection.
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9 | Section 999. Effective date. This Act takes effect January | ||||||
10 | 1, 2020.".
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