Bill Amendment: IL SB0109 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FACILITY-ELECTRONIC MONITORING

Status: 2019-07-26 - Public Act . . . . . . . . . 101-0160 [SB0109 Detail]

Download: Illinois-2019-SB0109-Senate_Amendment_001.html

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Sen. Terry Link

Filed: 3/4/2019

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AMENDMENT TO SENATE BILL 109
AMENDMENT NO. ______. Amend Senate Bill 109 by replacing
everything after the enacting clause with the following:
"Section 5. The Authorized Electronic Monitoring in
Long-Term Care Facilities Act is amended by changing Sections 5
and 10 as follows:
(210 ILCS 32/5)
Sec. 5. Definitions. As used in this Act:
"Authorized electronic monitoring" means the placement and
use of an electronic monitoring device by a resident in his or
her room in accordance with this Act.
"Department" means the Department of Public Health.
"Electronic monitoring device" means a surveillance
instrument with a fixed position video camera or an audio
recording device, or a combination thereof, that is installed
in a resident's room under the provisions of this Act and

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broadcasts or records activity or sounds occurring in the room.
"Facility" means an intermediate care facility for the
developmentally disabled licensed under the ID/DD Community
Care Act that has 30 beds or more, a facility licensed under
the MC/DD Act, or a long-term care facility licensed under the
Nursing Home Care Act, or a facility that provides housing to
individuals with dementia, as defined in Section 3 of the
Alzheimer's Disease Assistance Act.
"Resident" means a person residing in a facility.
"Resident's representative" has the meaning given to that
term in (1) Section 1-123 of the Nursing Home Care Act if the
resident resides in a facility licensed under the Nursing Home
Care Act, (2) Section 1-123 of the ID/DD Community Care Act if
the resident resides in a facility licensed under the ID/DD
Community Care Act, or (3) Section 1-123 of the MC/DD Act if
the resident resides in a facility licensed under the MC/DD
Act.
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
(210 ILCS 32/10)
Sec. 10. Authorized electronic monitoring.
(a) A resident shall be permitted to conduct authorized
electronic monitoring of the resident's room through the use of
electronic monitoring devices placed in the room pursuant to
this Act.
(b) Nothing in this Act shall be construed to allow the use

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of an electronic monitoring device to take still photographs or
for the nonconsensual interception of private communications.
(c) A facility that houses dementia residents may allow
electronic monitoring devices only in rooms:
(1) that are located in a building that is entirely
dedicated to dementia care; or
(2) that are located in a building wing that is solely
dedicated to dementia care.
(Source: P.A. 99-430, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.".