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Rep. Dan Brady
Filed: 3/27/2007
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| AMENDMENT TO HOUSE BILL 3170
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| AMENDMENT NO. ______. Amend House Bill 3170 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by adding Sections |
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| 10-20.40 and 34-18.34 as follows: |
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| (105 ILCS 5/10-20.40 new) |
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| Sec. 10-20.40. Former employees; report suspected child |
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| abuse to new employer.
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| (a) In this Section, "abuse of a minor" means: |
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| (1) inflicting, causing to be inflicted, or allowing to |
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| be
inflicted upon
a minor physical injury, by other than |
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| accidental means, which causes
death, disfigurement, |
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| impairment of physical or
emotional health, or loss or |
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| impairment of any bodily function; |
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| (2) creating a substantial risk of physical injury to a
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| minor by
other than accidental means which would be likely |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| to cause death,
disfigurement, impairment of physical or |
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| emotional health, or loss or
impairment of any bodily |
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| function; |
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| (3) committing or allowing to be committed any sex |
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| offense against
a minor,
as such sex offenses are defined |
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| in the Criminal Code of 1961 and extending those |
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| definitions of sex offenses to include children under
18 |
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| years of age; |
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| (4) committing or allowing to be committed an act or |
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| acts of
torture upon
a minor; |
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| (5) inflicting excessive corporal punishment upon a |
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| minor; |
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| (6) committing or allowing to be committed
the offense |
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| of
female
genital mutilation, as defined in Section 12-34 |
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| of the Criminal Code of
1961, against a minor; or |
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| (7) causing to be sold, transferred, distributed, or |
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| given to
a minor, a controlled substance as defined in |
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| Section 102 of the
Illinois Controlled Substances Act, in |
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| violation of Article IV of the Illinois
Controlled |
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| Substances Act or in violation of the Methamphetamine |
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| Control and Community Protection Act, except for |
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| controlled substances that are prescribed
in accordance |
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| with Article III of the Illinois Controlled Substances Act |
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| and
are dispensed to a minor in a manner that substantially |
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| complies with the
prescription.
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| (b) If a school district, upon request, provides |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| information to another school district concerning the job |
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| performance or qualifications of an applicant for employment |
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| who is a current or former employee of the school district |
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| providing the information and that school district suspects |
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| that the current or former employee has abused a minor, then |
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| that school district shall inform the school district |
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| requesting the information of this suspicion. |
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| (c) Any person who is required by a school district under |
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| this Section to inform a requesting school district of the |
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| suspected abuse of a minor by a current or former employee and |
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| who willfully fails to do so is guilty of a Class A misdemeanor |
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| for a first violation and a Class 4 felony for a second or |
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| subsequent violation. |
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| (d) Any school district, school board, or person |
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| participating in good faith in providing information of |
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| suspected abuse of a minor under this Section shall have |
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| immunity from any liability, civil, criminal, or otherwise, |
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| that might result by reason of such action. For the purpose of |
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| any civil or criminal proceedings, the good faith of any |
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| persons required to provide information on suspected abuse of a |
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| minor under this Section shall be presumed. |
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| (e) Any person who
suffers damages as a result of a |
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| violation of this Section committed by any
school district or |
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| its representative may bring an action against such school |
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| district.
The court, in its discretion, may award actual |
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| damages, treble actual damages if
fraud is proved, injunctive |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| relief, and any other relief that the
court deems proper. Such |
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| action may be commenced in the county where the
school |
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| district's administrative office is located or in the
county |
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| where the transaction or any substantial portion of the |
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| transaction occurred. In any action brought by a person under |
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| this subsection (e),
the court may award, in addition to the |
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| relief provided in this
subsection (e), reasonable attorney's |
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| fees and costs to the prevailing party. Either party to an |
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| action under this subsection (e) may request a trial by jury. |
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| (105 ILCS 5/34-18.34 new) |
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| Sec. 34-18.34. Former employees; report suspected child |
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| abuse to new employer.
|
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| (a) In this Section, "abuse of a minor" means: |
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| (1) inflicting, causing to be inflicted, or allowing to |
15 |
| be
inflicted upon
a minor physical injury, by other than |
16 |
| accidental means, which causes
death, disfigurement, |
17 |
| impairment of physical or
emotional health, or loss or |
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| impairment of any bodily function; |
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| (2) creating a substantial risk of physical injury to a
|
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| minor by
other than accidental means which would be likely |
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| to cause death,
disfigurement, impairment of physical or |
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| emotional health, or loss or
impairment of any bodily |
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| function; |
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| (3) committing or allowing to be committed any sex |
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| offense against
a minor,
as such sex offenses are defined |
|
|
|
09500HB3170ham001 |
- 5 - |
LRB095 06980 RAS 34640 a |
|
|
1 |
| in the Criminal Code of 1961 and extending those |
2 |
| definitions of sex offenses to include children under
18 |
3 |
| years of age; |
4 |
| (4) committing or allowing to be committed an act or |
5 |
| acts of
torture upon
a minor; |
6 |
| (5) inflicting excessive corporal punishment upon a |
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| minor; |
8 |
| (6) committing or allowing to be committed
the offense |
9 |
| of
female
genital mutilation, as defined in Section 12-34 |
10 |
| of the Criminal Code of
1961, against a minor; or |
11 |
| (7) causing to be sold, transferred, distributed, or |
12 |
| given to
a minor, a controlled substance as defined in |
13 |
| Section 102 of the
Illinois Controlled Substances Act, in |
14 |
| violation of Article IV of the Illinois
Controlled |
15 |
| Substances Act or in violation of the Methamphetamine |
16 |
| Control and Community Protection Act, except for |
17 |
| controlled substances that are prescribed
in accordance |
18 |
| with Article III of the Illinois Controlled Substances Act |
19 |
| and
are dispensed to a minor in a manner that substantially |
20 |
| complies with the
prescription.
|
21 |
| (b) If the school district, upon request, provides |
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| information to another school district concerning the job |
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| performance or qualifications of an applicant for employment |
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| who is a current or former employee of the school district and |
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| the school district suspects that the current or former |
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| employee has abused a minor, then the school district shall |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| inform the school district requesting the information of this |
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| suspicion. |
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| (c) Any person who is required by the school district under |
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| this Section to inform a requesting school district of the |
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| suspected abuse of a minor by a current or former employee and |
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| who willfully fails to do so is guilty of a Class A misdemeanor |
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| for a first violation and a Class 4 felony for a second or |
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| subsequent violation. |
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| (d) The school district, the board, and any person |
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| participating in good faith in providing information of |
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| suspected abuse of a minor under this Section shall have |
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| immunity from any liability, civil, criminal, or otherwise, |
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| that might result by reason of such action. For the purpose of |
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| any civil or criminal proceedings, the good faith of any |
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| persons required to provide information on suspected abuse of a |
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| minor under this Section shall be presumed. |
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| (e) Any person who
suffers damages as a result of a |
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| violation of this Section committed by the
school district or |
19 |
| its representative may bring an action against the school |
20 |
| district.
The court, in its discretion, may award actual |
21 |
| damages, treble actual damages if
fraud is proved, injunctive |
22 |
| relief, and any other relief that the
court deems proper. Such |
23 |
| action may be commenced in the county where the
school district |
24 |
| is located or in the
county where the transaction or any |
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| substantial portion of the transaction occurred. In any action |
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| brought by a person under this subsection (e),
the court may |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| award, in addition to the relief provided in this
subsection |
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| (e), reasonable attorney's fees and costs to the prevailing |
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| party. Either party to an action under this subsection (e) may |
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| request a trial by jury. |
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows: |
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| (30 ILCS 805/8.31 new) |
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of |
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| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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