100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3636

Introduced , by Rep. William Davis

SYNOPSIS AS INTRODUCED:
405 ILCS 5/4-211 new

Amends the Mental Health and Developmental Disabilities Code. Provides that a person admitted to a developmental disability facility shall have access to sex education, related sources, and treatment planning that supports his or her right to sexual expression, including access reviews of whether the admitted person is capable of giving consent to sexual activity. Provides that the Department of Human Services shall approve course material in sex education which must meet certain statutory guidelines.
LRB100 10424 RLC 20629 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3636LRB100 10424 RLC 20629 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 adding Section 4-211 as
6follows:
7 (405 ILCS 5/4-211 new)
8 Sec. 4-211. Sex education for persons admitted to a
9developmental disability facility. A person admitted to a
10developmental disability facility shall have access to sex
11education, related sources, and treatment planning that
12supports his or her right to sexual expression, including
13access reviews of whether the admitted person is capable of
14giving consent to sexual activity. The Department shall approve
15course material in sex education. Course material and
16instruction in sex education shall: (1) be appropriate to the
17developmental disability level of the recipient, medically
18accurate, and complete; (2) replicate evidence-based programs
19or substantially incorporate elements of evidence-based
20programs; (3) place substantial emphasis on contraception for
21the prevention of pregnancy and sexually transmitted diseases
22and shall stress that abstinence is the ensured method of
23avoiding unintended pregnancy, sexually transmitted diseases,

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1and HIV/AIDS; (4) include a discussion of the possible
2emotional and psychological consequences of sexual intercourse
3and the consequences of unwanted pregnancy; (5) stress that
4sexually transmitted diseases are serious possible health
5hazards of sexual intercourse; (6) provide statistics based on
6the latest medical information citing the failure and success
7rates of condoms in preventing HIV/AIDS and other sexually
8transmitted diseases; and (7) teach recipients to not make
9unwanted physical and verbal sexual advances and how to say no
10to unwanted sexual advances.