Full Text of SB2181 93rd General Assembly
SB2181 93RD GENERAL ASSEMBLY
|
|
|
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.
|
| |
|
|
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 |
|
|
|
SB2181 |
- 2 - |
LRB093 15423 RAS 41026 b |
|
| 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
|
|
|
|
SB2181 |
- 3 - |
LRB093 15423 RAS 41026 b |
|
| 1 |
| 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.
|
|
|
|
SB2181 |
- 4 - |
LRB093 15423 RAS 41026 b |
|
| 1 |
| 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 |
|
|
|
SB2181 |
- 5 - |
LRB093 15423 RAS 41026 b |
|
| 1 |
| 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.
|
|