Full Text of SB1552 95th General Assembly
SB1552 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1552
Introduced 2/9/2007, by Sen. Dale E. Risinger SYNOPSIS AS INTRODUCED: |
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320 ILCS 20/4 |
from Ch. 23, par. 6604 |
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Amends the Elder Abuse and Neglect Act. Makes a technical change in a Section concerning reports of abuse or neglect
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A BILL FOR
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SB1552 |
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LRB095 10958 DRJ 31257 b |
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| AN ACT concerning aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Elder Abuse and Neglect Act is amended by | 5 |
| changing Section 4 as follows:
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| (320 ILCS 20/4) (from Ch. 23, par. 6604)
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| Sec. 4. Reports of abuse or neglect.
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| (a) Any person who suspects the
the abuse,
neglect,
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| financial exploitation, or self-neglect of an eligible adult | 10 |
| may
report
this suspicion to an agency designated to receive | 11 |
| such
reports under this Act or to the Department.
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| (a-5) If any mandated reporter has reason to believe that | 13 |
| an eligible
adult,
who because of dysfunction is unable to seek | 14 |
| assistance for himself or herself,
has, within the previous 12 | 15 |
| months, been subjected to abuse, neglect, or
financial | 16 |
| exploitation, the mandated reporter shall, within 24 hours | 17 |
| after
developing
such belief, report this suspicion to an | 18 |
| agency designated to receive such
reports under this Act or
to | 19 |
| the Department. Whenever a mandated reporter
is required to | 20 |
| report under this Act in his or her capacity as a member of
the | 21 |
| staff of a medical or other public or private institution, | 22 |
| facility,
board and care home, or agency, he or she shall make | 23 |
| a report
to an agency designated to receive such
reports under |
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SB1552 |
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LRB095 10958 DRJ 31257 b |
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| this Act or
to the Department in accordance
with the provisions | 2 |
| of this Act and may also notify the person in charge of
the | 3 |
| institution, facility, board and care home, or agency or his or | 4 |
| her
designated agent that the
report has been made. Under no | 5 |
| circumstances shall any person in charge of
such institution, | 6 |
| facility, board and care home, or agency, or his or her
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| designated agent to whom
the notification has been made, | 8 |
| exercise any control, restraint,
modification, or other change | 9 |
| in the report or the forwarding of the report
to an agency | 10 |
| designated to receive such
reports under this Act or
to the | 11 |
| Department. The privileged quality of communication between | 12 |
| any
professional
person required to report
and his or her | 13 |
| patient or client shall not apply to situations involving
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| abused, neglected, or financially exploited eligible adults | 15 |
| and shall not
constitute
grounds for failure to
report
as | 16 |
| required by this Act.
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| (a-7) A person making a report
under this Act in the belief | 18 |
| that it is in the alleged victim's best
interest shall be | 19 |
| immune from criminal or civil liability or professional
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| disciplinary action on account of making the report, | 21 |
| notwithstanding any
requirements concerning the | 22 |
| confidentiality of information with respect to
such eligible | 23 |
| adult which might otherwise be applicable.
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| (a-9) Law enforcement officers
shall continue to report | 25 |
| incidents of alleged abuse pursuant to the
Illinois Domestic | 26 |
| Violence Act of 1986, notwithstanding any requirements
under |
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SB1552 |
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LRB095 10958 DRJ 31257 b |
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| this Act.
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| (b) Any person, institution or agency participating in the | 3 |
| making of
a report, providing
information or records related to | 4 |
| a report, assessment, or services, or
participating in the | 5 |
| investigation of a report under
this Act in good faith, or | 6 |
| taking photographs or x-rays as a result of an
authorized | 7 |
| assessment, shall have immunity from any civil, criminal or
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| other liability in any civil, criminal or other proceeding | 9 |
| brought in
consequence of making such report or assessment or | 10 |
| on account of submitting
or otherwise disclosing such | 11 |
| photographs or x-rays to any agency designated
to receive | 12 |
| reports of alleged or suspected abuse or neglect. Any person,
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| institution or agency authorized by the Department to provide | 14 |
| assessment,
intervention, or administrative services under | 15 |
| this Act shall, in the good
faith performance of those | 16 |
| services, have immunity from any civil, criminal
or other | 17 |
| liability in any civil, criminal, or other proceeding brought | 18 |
| as a
consequence of the performance of those services.
For the | 19 |
| purposes of any civil, criminal, or other proceeding, the good | 20 |
| faith
of any person required to report, permitted to report, or | 21 |
| participating in an
investigation of a report of alleged or | 22 |
| suspected abuse, neglect, or
financial exploitation shall be
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| presumed.
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| (c) The identity of a person making a report of alleged or | 25 |
| suspected
abuse or neglect under this Act may be disclosed by | 26 |
| the Department
or other agency provided for in this Act only |
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LRB095 10958 DRJ 31257 b |
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| with such person's written
consent or by court order.
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| (d) The Department shall by rule establish a system for | 3 |
| filing and
compiling reports made under this Act.
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| (e) Any physician who willfully fails to report as required | 5 |
| by this Act
shall be referred to the Illinois State Medical | 6 |
| Disciplinary Board for action
in accordance with subdivision | 7 |
| (A)(22) of Section 22 of the Medical Practice
Act of 1987. Any | 8 |
| dentist or dental hygienist who willfully fails to report as
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| required by this Act shall be referred to the Department of | 10 |
| Professional
Regulation for action in accordance with | 11 |
| paragraph 19 of Section 23 of the
Illinois Dental Practice Act. | 12 |
| Any other mandated reporter required by
this Act to report | 13 |
| suspected abuse, neglect, or financial exploitation who
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| willfully fails to report the same is guilty of a Class A | 15 |
| misdemeanor.
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| (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04; | 17 |
| 94-1064, eff. 1-1-07.)
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