93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2181


 
Introduced 1/14/2004, by Debbie DeFrancesco Halvorson - M. Maggie Crotty - Susan Garrett, Christine Radogno
 
SYNOPSIS AS INTRODUCED:
 		


















510 ILCS 70/35 new




325 ILCS 5/4
  from Ch. 23, par. 2054



325 ILCS 5/11.9 new





30 ILCS 805/8.28 new









    Amends the Humane Care for Animals Act and the Abused and Neglected Child Reporting Act.  Provides that an animal control officer or a humane society investigator with reasonable cause to suspect or believe that a child is being abused or neglected or is in danger of being abused or neglected must immediately make a written or oral report to the Department of Children and Family Services.  Provides that any person required to report suspected child abuse or neglect under the Abused and Neglected Child Reporting Act must also immediately report suspected animal abuse or neglect or danger of animal abuse or neglect to the Department of Agriculture's Bureau of Animal Welfare.     Preempts home rule powers.  Amends the State Mandates Act to require implementation without reimbursement.  Effective immediately.

















LRB093 15423 RAS 41026 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2181

LRB093 15423 RAS 41026 b






1
    AN ACT concerning abuse.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Humane Care for Animals Act is amended  by 
5
adding Section 35 as follows:
 
6
    (510 ILCS 70/35 new)

7
    Sec. 35. Cross-reporting.


8
    (a) An animal control officer or humane society 
9
investigator who has
reasonable
cause to suspect or believe 
10
that a child is being abused or neglected or is in
danger of 
11
being abused or
neglected must
immediately make a written or 
12
oral report to the Department of Children and
Family
Services.

13
    (b) Any person who is required under the Abused and 
14
Neglected Child Reporting
Act to make a report of suspected 
15
child abuse or neglect who has reasonable
cause to
suspect or 
16
believe that an animal is being abused or neglected or is in 
17
danger
of being abused or neglected in
violation of
this Act 
18
must immediately make a written or oral report to the 
19
Department of Agriculture's Bureau of Animal Welfare.

20
    (c) A home rule unit may not regulate the reporting of 
21
child abuse or neglect in a manner inconsistent with the 
22
provisions of this Section.  This Section is a limitation under 
23
subsection (i) of Section 6 of Article VII of the Illinois 
24
Constitution on the concurrent exercise by home rule units of 
25
powers and functions exercised by the State.


 
26
    Section 10. The Abused and Neglected Child Reporting Act is 
27
amended  by changing Section 4 and  by adding Section 11.9 as 
28
follows:
 



29
    (325 ILCS 5/4)  (from Ch. 23, par. 2054)



30
    Sec. 4. Persons required to report; privileged 
 


 






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1
communications;
transmitting false report.  Any physician, 
2
resident, intern, hospital,
hospital administrator
and 
3
personnel engaged in examination, care and treatment of 
4
persons, surgeon,
dentist, dentist hygienist, osteopath, 
5
chiropractor, podiatrist, physician
assistant, substance abuse 
6
treatment personnel, funeral home
director or employee, 
7
coroner, medical examiner, emergency medical technician,

8
acupuncturist, crisis line or hotline personnel, school 
9
personnel, educational
advocate assigned to a child pursuant to 
10
the School Code, truant officers,
social worker, social 
11
services administrator,
domestic violence program personnel, 
12
registered nurse, licensed
practical nurse, respiratory care 
13
practitioner, advanced practice nurse, home
health aide, 
14
director or staff
assistant of a nursery school or a child day 
15
care center, recreational program
or facility personnel, law 
16
enforcement officer, licensed professional
counselor, licensed 
17
clinical professional counselor, registered psychologist
and

18
assistants working under the direct supervision of a 
19
psychologist,
psychiatrist, or field personnel of the Illinois 
20
Department of Public Aid,
Public Health, Human Services (acting 
21
as successor to the Department of Mental
Health and 
22
Developmental Disabilities, Rehabilitation Services, or Public 
23
Aid),
Corrections, Human Rights, or Children and Family 
24
Services, supervisor and
administrator of general assistance 
25
under the Illinois Public Aid Code,
probation officer, animal 
26
control officer or humane society investigator, or any other 
27
foster parent, homemaker or child care worker
having reasonable 
28
cause to believe a child known to them in their professional
or 
29
official capacity may be an abused child or a neglected child 
30
shall
immediately report or cause a report to be made to the 
31
Department.

32
    Any member of the clergy having reasonable cause to believe 
33
that a child
known to that member of the clergy in his or her 
34
professional capacity may be
an abused child as defined in item 
35
(c) of the definition of "abused child" in
Section 3 of this 
36
Act shall immediately report or cause a report to be made to

 


 






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the Department.

2
    Whenever
such person is required to report under this Act 
3
in his capacity as a member of
the staff of a medical or other 
4
public or private institution, school, facility
or agency, or 
5
as a member of the clergy, he shall
make report immediately to 
6
the Department in accordance
with the provisions of this Act 
7
and may also notify the person in charge of
such institution, 
8
school, facility or agency, or church, synagogue, temple,

9
mosque, or other religious institution, or his
designated agent 
10
that such
report has been made.  Under no circumstances shall 
11
any person in charge of
such institution, school, facility or 
12
agency, or church, synagogue, temple,
mosque, or other 
13
religious institution, or his
designated agent to whom
such 
14
notification has been made, exercise any control, restraint, 
15
modification
or other change in the report or the forwarding of 
16
such report to the
Department.

17
    The privileged quality of communication between any 
18
professional
person required to report
and his patient or 
19
client shall not apply to situations involving abused or

20
neglected children and shall not constitute grounds for failure 
21
to report
as required by this Act.

22
    A member of the clergy may claim the privilege under 
23
Section 8-803 of the
Code of Civil Procedure.

24
    In addition to the above persons required to
report 
25
suspected cases of abused or neglected children, any other 
26
person
may make a report if such person has reasonable cause to 
27
believe a child
may be an abused child or a neglected child.

28
    Any person who enters into
employment on and after July 1, 
29
1986 and is mandated by virtue of that
employment to report 
30
under this Act, shall sign a statement on a form
prescribed by 
31
the Department, to the effect that the employee has knowledge

32
and understanding of the reporting requirements of this Act.  
33
The statement
shall be signed prior to commencement of the 
34
employment.  The signed
statement shall be retained by the 
35
employer.  The cost of printing,
distribution, and filing of the 
36
statement shall be borne by the employer.

 


 






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    The Department shall provide copies of this Act, upon 
2
request, to all
employers employing persons who shall be 
3
required under the provisions of
this Section to report under 
4
this Act.

5
    Any person who knowingly transmits a false report to the 
6
Department
commits the offense of disorderly conduct under 
7
subsection (a)(7) of
Section 26-1 of the "Criminal Code of 
8
1961". Any person who violates this
provision a second or 
9
subsequent time shall be guilty of a Class 3
felony.

10
    Any person who knowingly and willfully violates any 
11
provision of this
Section other than a second or subsequent 
12
violation of transmitting a
false report as described in the

13
preceding paragraph, is guilty of a Class A misdemeanor for
a 
14
first violation and a Class 4 felony for a
second or subsequent 
15
violation; except that if the person acted as part
of a plan or 
16
scheme having as its object the
prevention of discovery of an 
17
abused or neglected child by lawful authorities
for the
purpose 
18
of protecting or insulating any person or entity from arrest or

19
prosecution, the
person is guilty of a Class 4 felony for a 
20
first offense and a Class 3 felony
for a second or
subsequent 
21
offense (regardless of whether the second or subsequent offense

22
involves any
of the same facts or persons as the first or other 
23
prior offense).

24
    A child whose parent, guardian or custodian in good faith 
25
selects and depends
upon spiritual means through prayer  alone 
26
for the treatment or cure of
disease or remedial care may be 
27
considered neglected or abused, but not for
the sole reason 
28
that his parent, guardian or custodian accepts and
practices 
29
such beliefs.

30
    A child shall not be considered neglected or abused solely 
31
because the
child is not attending school in accordance with 
32
the requirements of
Article 26 of the School Code, as amended.

33
    A home rule unit may not regulate the reporting of child 
34
abuse or neglect in a manner inconsistent with the provisions 
35
of this Section.  This Section is a limitation under subsection 
36
(i) of Section 6 of Article VII of the Illinois Constitution on 
 


 






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the concurrent exercise by home rule units of powers and 
2
functions exercised by the State.

3
(Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; 
4
93-137, eff.
7-10-03; 93-356, eff. 7-24-03; 93-431, eff. 
5
8-5-03; revised 9-12-03.)

 
6
    (325 ILCS 5/11.9 new)

7
    Sec. 11.9. Cross-reporting.

8
    (a)  Any person required by this Act to make a
report of

9
suspected child abuse or neglect who has reasonable cause to 
10
suspect or believe
that an
animal is being abused or neglected 
11
or is in danger of being abused or
neglected in violation of 
12
the Humane Care
for Animals Act must
immediately make a written 
13
or oral report to the Department of Agriculture's Bureau of 
14
Animal Welfare.
15
    (b) A home rule unit may not regulate the reporting of 
16
child abuse or neglect in a manner inconsistent with the 
17
provisions of this Section.  This Section is a limitation under 
18
subsection (i) of Section 6 of Article VII of the Illinois 
19
Constitution on the concurrent exercise by home rule units of 
20
powers and functions exercised by the State.


 
21
    Section 90. The State Mandates Act is amended by adding 
22
Section 8.28 as
follows:


 
23
    (30 ILCS 805/8.28 new)

24
    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 
25
of this
Act, no reimbursement by the State is required for the 
26
implementation of
any mandate created by this amendatory Act of 
27
the 93rd General Assembly.

 

28
    Section 99. Effective date. This Act takes effect upon 
29
becoming law.