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Synopsis As Introduced Amends the Abused and Neglected Child Reporting Act. Provides that a school administrator who has reasonable cause to believe that a child known to him or her in his or her official capacity may be an abused child or a neglected child and who fails to immediately report or cause a report to be made to the Department of Children and Family Services is guilty of a Class 4 felony (instead of a Class A misdemeanor) for a first offense and a Class 3 felony (instead of a Class 4 felony) for a second or subsequent offense. Effective immediately.
House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that any school administrator, school principal, school teacher, school board member, or other school personnel having reasonable cause to believe that a child known to that school administrator, school principal, school teacher, school board member, or other school personnel in his or her professional capacity was the victim of a sex offense committed by a person responsible for the child's welfare shall immediately report or cause a report to be made to DCFS. Provides that a school administrator, school principal, school teacher, school board member, or other school personnel who knowingly and willfully fails to report any suspected cases involving a sex offense against a child committed by a person responsible for the child's welfare is guilty of a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation; except that if the school administrator, school principal, school teacher, school board member, or other school personnel acted as part of a plan or scheme having as its object the prevention of discovery of a child that was the victim of a sex offense by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the first or other prior offense). Effective immediately.
State Mandates Fiscal Note (H-AM 1)(Illinois State Board of Education)
School personnel are currently required to be Mandated Reporters under Section 5/4 of the Abused and Neglected Child Reporting Act, for any suspected child abuse, including any sex offenses. This legislation simply increases the penalties for first and subsequent violations of the Reporting law where a sex offense is suspected, including when the mandated reporter acts to prevent discovery of the suspected abuse. The penalties for willful failure to report suspected abuse other than suspected sexual abuse remain the same.
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