093_SB1035eng SB1035 Engrossed LRB093 10792 RLC 11217 b 1 AN ACT in relation to child abuse. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abused and Neglected Child Reporting Act 5 is amended by changing Section 4 as follows: 6 (325 ILCS 5/4) (from Ch. 23, par. 2054) 7 Sec. 4. Persons required to report; privileged 8 communications; transmitting false report. Any physician, 9 resident, intern, hospital, hospital administrator and 10 personnel engaged in examination, care and treatment of 11 persons, surgeon, dentist, dentist hygienist, osteopath, 12 chiropractor, podiatrist, physician assistant, substance 13 abuse treatment personnel,Christian Science practitioner,14 funeral home director or employee, coroner, medical examiner, 15 emergency medical technician, acupuncturist, crisis line or 16 hotline personnel, school personnel, educational advocate 17 assigned to a child pursuant to the School Code, truant 18 officers, social worker, social services administrator, 19 domestic violence program personnel, registered nurse, 20 licensed practical nurse, respiratory care practitioner, 21 advanced practice nurse, home health aide, director or staff 22 assistant of a nursery school or a child day care center, 23 recreational program or facility personnel, law enforcement 24 officer, registered psychologist and assistants working 25 under the direct supervision of a psychologist, psychiatrist, 26 or field personnel of the Illinois Department of Public Aid, 27 Public Health, Human Services (acting as successor to the 28 Department of Mental Health and Developmental Disabilities, 29 Rehabilitation Services, or Public Aid), Corrections, Human 30 Rights, or Children and Family Services, supervisor and 31 administrator of general assistance under the Illinois Public SB1035 Engrossed -2- LRB093 10792 RLC 11217 b 1 Aid Code, probation officer, or any other foster parent, 2 homemaker or child care worker having reasonable cause to 3 believe a child known to them in their professional or 4 official capacity may be an abused child or a neglected child 5 shall immediately report or cause a report to be made to the 6 Department. 7 Any member of the clergy having reasonable cause to 8 believe that a child known to that member of the clergy in 9 his or her professional capacity may be an abused child as 10 defined in item (c) of the definition of "abused child" in 11 Section 3 of this Act shall immediately report or cause a 12 report to be made to the Department. 13 Whenever such person is required to report under this Act 14 in his capacity as a member of the staff of a medical or 15 other public or private institution, school, facility or 16 agency, or as a member of the clergy, he shall make report 17 immediately to the Department in accordance with the 18 provisions of this Act and may also notify the person in 19 charge of such institution, school, facility or agency, or 20 church, synagogue, temple, mosque, or other religious 21 institution, or his designated agent that such report has 22 been made. Under no circumstances shall any person in charge 23 of such institution, school, facility or agency, or church, 24 synagogue, temple, mosque, or other religious institution, or 25 his designated agent to whom such notification has been made, 26 exercise any control, restraint, modification or other change 27 in the report or the forwarding of such report to the 28 Department. 29 The privileged quality of communication between any 30 professional person required to report and his patient or 31 client shall not apply to situations involving abused or 32 neglected children and shall not constitute grounds for 33 failure to report as required by this Act. 34 A member of the clergy may claim the privilege under SB1035 Engrossed -3- LRB093 10792 RLC 11217 b 1 Section 8-803 of the Code of Civil Procedure. 2 In addition to the above persons required to report 3 suspected cases of abused or neglected children, any other 4 person may make a report if such person has reasonable cause 5 to believe a child may be an abused child or a neglected 6 child. 7 Any person who enters into employment on and after July 8 1, 1986 and is mandated by virtue of that employment to 9 report under this Act, shall sign a statement on a form 10 prescribed by the Department, to the effect that the employee 11 has knowledge and understanding of the reporting requirements 12 of this Act. The statement shall be signed prior to 13 commencement of the employment. The signed statement shall 14 be retained by the employer. The cost of printing, 15 distribution, and filing of the statement shall be borne by 16 the employer. 17 The Department shall provide copies of this Act, upon 18 request, to all employers employing persons who shall be 19 required under the provisions of this Section to report under 20 this Act. 21 Any person who knowingly transmits a false report to the 22 Department commits the offense of disorderly conduct under 23 subsection (a)(7) of Section 26-1 of the "Criminal Code of 24 1961". Any person who violates this provision a second or 25 subsequent time shall be guilty of a Class 4 felony. 26 Any person who knowingly and willfully violates any 27 provision of this Section other than a second or subsequent 28 violation of transmitting a false report as described in the 29 preceding paragraph, is guilty of a Class A misdemeanor for a 30 first violation and a Class 4 felony for a second or 31 subsequent violation. 32 A child whose parent, guardian or custodian in good faith 33 selects and depends upon spiritual means through prayer 34 alone for the treatment or cure of disease or remedial care SB1035 Engrossed -4- LRB093 10792 RLC 11217 b 1 may be considered neglected or abused, but not for the sole 2 reason that his parent, guardian or custodian accepts and 3 practices such beliefs. 4 A child shall not be considered neglected or abused 5 solely because the child is not attending school in 6 accordance with the requirements of Article 26 of the School 7 Code, as amended. 8 (Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99; 9 92-16, eff. 6-28-01; 92-801, eff. 8-16-02.) 10 Section 10. The Criminal Code of 1961 is amended by 11 changing Section 3-6 as follows: 12 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) 13 Sec. 3-6. Extended limitations. The period within which 14 a prosecution must be commenced under the provisions of 15 Section 3-5 or other applicable statute is extended under the 16 following conditions: 17 (a) A prosecution for theft involving a breach of a 18 fiduciary obligation to the aggrieved person may be commenced 19 as follows: 20 (1) If the aggrieved person is a minor or a person 21 under legal disability, then during the minority or legal 22 disability or within one year after the termination 23 thereof. 24 (2) In any other instance, within one year after 25 the discovery of the offense by an aggrieved person, or 26 by a person who has legal capacity to represent an 27 aggrieved person or has a legal duty to report the 28 offense, and is not himself or herself a party to the 29 offense; or in the absence of such discovery, within one 30 year after the proper prosecuting officer becomes aware 31 of the offense. However, in no such case is the period of 32 limitation so extended more than 3 years beyond the SB1035 Engrossed -5- LRB093 10792 RLC 11217 b 1 expiration of the period otherwise applicable. 2 (b) A prosecution for any offense based upon misconduct 3 in office by a public officer or employee may be commenced 4 within one year after discovery of the offense by a person 5 having a legal duty to report such offense, or in the absence 6 of such discovery, within one year after the proper 7 prosecuting officer becomes aware of the offense. However, in 8 no such case is the period of limitation so extended more 9 than 3 years beyond the expiration of the period otherwise 10 applicable. 11 (c) Except as otherwise provided in subsection (a) of 12 Section 3-5 of this Code and subdivision (i) or (j) of this 13 Section, a prosecution for any offense involving sexual 14 conduct or sexual penetration, as defined in Section 12-12 of 15 this Code, where the victim and defendant are family members, 16 as defined in Section 12-12 of this Code, may be commenced 17 within one year of the victim attaining the age of 18 years. 18 (d) A prosecution for child pornography, indecent 19 solicitation of a child, soliciting for a juvenile 20 prostitute, juvenile pimping or exploitation of a child may 21 be commenced within one year of the victim attaining the age 22 of 18 years. However, in no such case shall the time period 23 for prosecution expire sooner than 3 years after the 24 commission of the offense. When the victim is under 18 years 25 of age, a prosecution for criminal sexual abuse may be 26 commenced within one year of the victim attaining the age of 27 18 years. However, in no such case shall the time period for 28 prosecution expire sooner than 3 years after the commission 29 of the offense. 30 (e) Except as otherwise provided in subdivision (j), a 31 prosecution for any offense involving sexual conduct or 32 sexual penetration, as defined in Section 12-12 of this Code, 33 where the defendant was within a professional or fiduciary 34 relationship or a purported professional or fiduciary SB1035 Engrossed -6- LRB093 10792 RLC 11217 b 1 relationship with the victim at the time of the commission of 2 the offense may be commenced within one year after the 3 discovery of the offense by the victim. 4 (f) A prosecution for any offense set forth in Section 5 44 of the "Environmental Protection Act", approved June 29, 6 1970, as amended, may be commenced within 5 years after the 7 discovery of such an offense by a person or agency having the 8 legal duty to report the offense or in the absence of such 9 discovery, within 5 years after the proper prosecuting 10 officer becomes aware of the offense. 11 (g) (Blank). 12 (h) (Blank). 13 (i) Except as otherwise provided in subdivision (j), a 14 prosecution for criminal sexual assault, aggravated criminal 15 sexual assault, or aggravated criminal sexual abuse may be 16 commenced within 10 years of the commission of the offense if 17 the victim reported the offense to law enforcement 18 authorities within 2 years after the commission of the 19 offense. 20 Nothing in this subdivision (i) shall be construed to 21 shorten a period within which a prosecution must be commenced 22 under any other provision of this Section. 23 (j) When the victim is under 18 years of age at the time 24 of the offense, a prosecution for criminal sexual assault, 25 aggravated criminal sexual assault, predatory criminal sexual 26 assault of a child, or aggravated criminal sexual abuse or a 27 prosecution for failure of a person who is required to report 28 an alleged or suspected commission of any of these offenses 29 under the Abused and Neglected Child Reporting Act may be 30 commenced within 20 years10 yearsafter the child victim 31 attains 18 years of age. 32 Nothing in this subdivision (j) shall be construed to 33 shorten a period within which a prosecution must be commenced 34 under any other provision of this Section. SB1035 Engrossed -7- LRB093 10792 RLC 11217 b 1 (Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00; 2 92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.) 3 Section 15. The Code of Civil Procedure is amended by 4 changing Section 13-202.2 as follows: 5 (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2) 6 Sec. 13-202.2. Childhood sexual abuse. 7 (a) In this Section: 8 "Childhood sexual abuse" means an act of sexual abuse 9 that occurs when the person abused is under 18 years of age. 10 "Sexual abuse" includes but is not limited to sexual 11 conduct and sexual penetration as defined in Section 12-12 of 12 the Criminal Code of 1961. 13 (b) Notwithstanding any other provision of law, an 14 action for damages for personal injury based on childhood 15 sexual abuse must be commenced within 10 years of the date 16 the limitation period begins to run under subsection (d) or 17 within 52years of the date the person abused discovers or 18 through the use of reasonable diligence should discover both 19 (i) that the act of childhood sexual abuse occurred and (ii) 20 that the injury was caused by the childhood sexual abuse. The 21 fact that the person abused discovers or through the use of 22 reasonable diligence should discover that the act of 23 childhood sexual abuse occurred is not, by itself, sufficient 24 to start the discovery period under this subsection (b). 25 Knowledge of the abuse does not constitute discovery of the 26 injury or the causal relationship between any 27 later-discovered injury and the abuse. 28 (c) If the injury is caused by 2 or more acts of 29 childhood sexual abuse that are part of a continuing series 30 of acts of childhood sexual abuse by the same abuser, then 31 the discovery period under subsection (b) shall be computed 32 from the date the person abused discovers or through the use SB1035 Engrossed -8- LRB093 10792 RLC 11217 b 1 of reasonable diligence should discover both (i) that the 2 last act of childhood sexual abuse in the continuing series 3 occurred and (ii) that the injury was caused by any act of 4 childhood sexual abuse in the continuing series. The fact 5 that the person abused discovers or through the use of 6 reasonable diligence should discover that the last act of 7 childhood sexual abuse in the continuing series occurred is 8 not, by itself, sufficient to start the discovery period 9 under subsection (b). Knowledge of the abuse does not 10 constitute discovery of the injury or the causal relationship 11 between any later-discovered injury and the abuse. 12 (d) The limitation periods under subsection (b) do not 13 begin to run before the person abused attains the age of 18 14 years; and, if at the time the person abused attains the age 15 of 18 years he or she is under other legal disability, the 16 limitation periods under subsection (b) do not begin to run 17 until the removal of the disability. 18 (d-1) The limitation periods in subsection (b) do not 19 run during a time period when the person abused is subject to 20 threats, intimidation, manipulation, or fraud perpetrated by 21 the abuser or by any person acting in the interest of the 22 abuser. 23 (e) This Section applies to actions pending on the 24 effective date of this amendatory Act of 1990 as well as to 25 actions commenced on or after that date. The changes made by 26 this amendatory Act of 1993 shall apply only to actions 27 commenced on or after the effective date of this amendatory 28 Act of 1993. The changes made by this amendatory Act of the 29 93rd General Assembly apply to actions pending on the 30 effective date of this amendatory Act of the 93rd General 31 Assembly as well as actions commenced on or after that date. 32 (Source: P.A. 88-127.) 33 Section 99. Effective date. This Act takes effect upon SB1035 Engrossed -9- LRB093 10792 RLC 11217 b 1 becoming law.