Bill Text: IL HB3299 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that 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. Provides that 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. Provides that as part of the assessments, consideration shall be given to medical, psychological, and psycho-social evaluations. Provides that 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 the Probate Act of 1975. Provides that the Department of Human Services shall approve course material in sex education. Establishes standards for the course materials and instruction. Defines "healthy sexual practices".

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0506 [HB3299 Detail]

Download: Illinois-2019-HB3299-Chaptered.html

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Public Act 101-0506
HB3299 Enrolled LRB101 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
follows:
(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
pregnancy;

(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
predators.
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
perspective.