Full Text of SB2575 97th General Assembly
SB2575sam002 97TH GENERAL ASSEMBLY | Sen. William Delgado Filed: 3/2/2012
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| 1 | | AMENDMENT TO SENATE BILL 2575
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2575 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 4.2 as follows:
| 6 | | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| 7 | | Sec. 4.2. (a) No applicant may receive a license from the | 8 | | Department and
no person may be employed by a licensed child | 9 | | care facility who refuses to
authorize an investigation as | 10 | | required by Section 4.1.
| 11 | | (b) In addition to the other provisions of this Section, no | 12 | | applicant
may
receive a license from the Department and no | 13 | | person
may be employed by a child care facility licensed by the | 14 | | Department who has
been declared a sexually dangerous person | 15 | | under "An Act in relation to
sexually dangerous persons, and | 16 | | providing for their commitment, detention
and supervision", |
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| 1 | | approved July 6, 1938, as amended, or convicted of
committing | 2 | | or attempting to commit any of the following offenses | 3 | | stipulated
under the Criminal Code of 1961:
| 4 | | (1) murder;
| 5 | | (1.1) solicitation of murder;
| 6 | | (1.2) solicitation of murder for hire;
| 7 | | (1.3) intentional homicide of an unborn child;
| 8 | | (1.4) voluntary manslaughter of an unborn child;
| 9 | | (1.5) involuntary manslaughter;
| 10 | | (1.6) reckless homicide;
| 11 | | (1.7) concealment of a homicidal death;
| 12 | | (1.8) involuntary manslaughter of an unborn child;
| 13 | | (1.9) reckless homicide of an unborn child;
| 14 | | (1.10) drug-induced homicide;
| 15 | | (2) a sex offense under Article 11, except offenses | 16 | | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | 17 | | 11-40, and 11-45;
| 18 | | (3) kidnapping;
| 19 | | (3.1) aggravated unlawful restraint;
| 20 | | (3.2) forcible detention;
| 21 | | (3.3) harboring a runaway;
| 22 | | (3.4) aiding and abetting child abduction;
| 23 | | (4) aggravated kidnapping;
| 24 | | (5) child abduction;
| 25 | | (6) aggravated battery of a child as described in | 26 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
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| 1 | | (7) criminal sexual assault;
| 2 | | (8) aggravated criminal sexual assault;
| 3 | | (8.1) predatory criminal sexual assault of a child;
| 4 | | (9) criminal sexual abuse;
| 5 | | (10) aggravated sexual abuse;
| 6 | | (11) heinous battery as described in Section 12-4.1 or | 7 | | subdivision (a)(2) of Section 12-3.05;
| 8 | | (12) aggravated battery with a firearm as described in | 9 | | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 10 | | (e)(4) of Section 12-3.05;
| 11 | | (13) tampering with food, drugs, or cosmetics;
| 12 | | (14) drug induced infliction of great bodily harm as | 13 | | described in Section 12-4.7 or subdivision (g)(1) of | 14 | | Section 12-3.05;
| 15 | | (15) hate crime;
| 16 | | (16) stalking;
| 17 | | (17) aggravated stalking;
| 18 | | (18) threatening public officials;
| 19 | | (19) home invasion;
| 20 | | (20) vehicular invasion;
| 21 | | (21) criminal transmission of HIV;
| 22 | | (22) criminal abuse or neglect of an elderly or | 23 | | disabled person as described in Section 12-21 or subsection | 24 | | (b) of Section 12-4.4a;
| 25 | | (23) child abandonment;
| 26 | | (24) endangering the life or health of a child;
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| 1 | | (25) ritual mutilation;
| 2 | | (26) ritualized abuse of a child;
| 3 | | (27) an offense in any other jurisdiction the elements | 4 | | of
which are similar and
bear a substantial relationship to | 5 | | any of the foregoing offenses.
| 6 | | (b-1) In addition to the other provisions of this Section, | 7 | | beginning
January 1, 2004, no new applicant and, on the date of
| 8 | | licensure renewal, no current licensee may operate or receive a | 9 | | license from
the
Department to operate, no person may be | 10 | | employed by, and no adult person may
reside in a child care | 11 | | facility licensed by the Department who has been
convicted of | 12 | | committing or attempting to commit any of the following | 13 | | offenses
or an offense in any other jurisdiction the elements | 14 | | of which are similar and
bear a substantial relationship to any | 15 | | of the following offenses:
| 16 | | (I) BODILY HARM
| 17 | | (1) Felony aggravated assault.
| 18 | | (2) Vehicular endangerment.
| 19 | | (3) Felony domestic battery.
| 20 | | (4) Aggravated battery.
| 21 | | (5) Heinous battery.
| 22 | | (6) Aggravated battery with a firearm.
| 23 | | (7) Aggravated battery of an unborn child.
| 24 | | (8) Aggravated battery of a senior citizen.
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| 1 | | (9) Intimidation.
| 2 | | (10) Compelling organization membership of persons.
| 3 | | (11) Abuse and criminal neglect of a long term care | 4 | | facility resident.
| 5 | | (12) Felony violation of an order of protection.
| 6 | | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| 7 | | (1) Felony unlawful use of weapons.
| 8 | | (2) Aggravated discharge of a firearm.
| 9 | | (3) Reckless discharge of a firearm.
| 10 | | (4) Unlawful use of metal piercing bullets.
| 11 | | (5) Unlawful sale or delivery of firearms on the | 12 | | premises of any
school.
| 13 | | (6) Disarming a police officer.
| 14 | | (7) Obstructing justice.
| 15 | | (8) Concealing or aiding a fugitive.
| 16 | | (9) Armed violence.
| 17 | | (10) Felony contributing to the criminal delinquency | 18 | | of a juvenile.
| 19 | | (III) DRUG OFFENSES
| 20 | | (1) Possession of more than 30 grams of cannabis.
| 21 | | (2) Manufacture of more than 10 grams of cannabis.
| 22 | | (3) Cannabis trafficking.
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| 1 | | (4) Delivery of cannabis on school grounds.
| 2 | | (5) Unauthorized production of more than 5 cannabis | 3 | | sativa plants.
| 4 | | (6) Calculated criminal cannabis conspiracy.
| 5 | | (7) Unauthorized manufacture or delivery of controlled | 6 | | substances.
| 7 | | (8) Controlled substance trafficking.
| 8 | | (9) Manufacture, distribution, or advertisement of | 9 | | look-alike
substances.
| 10 | | (10) Calculated criminal drug conspiracy.
| 11 | | (11) Street gang criminal drug conspiracy.
| 12 | | (12) Permitting unlawful use of a building.
| 13 | | (13) Delivery of controlled, counterfeit, or | 14 | | look-alike substances to
persons under age 18, or at truck | 15 | | stops, rest stops, or safety rest areas, or
on school | 16 | | property.
| 17 | | (14) Using, engaging, or employing persons under 18 to | 18 | | deliver
controlled, counterfeit, or look-alike substances.
| 19 | | (15) Delivery of controlled substances.
| 20 | | (16) Sale or delivery of drug paraphernalia.
| 21 | | (17) Felony possession, sale, or exchange of | 22 | | instruments adapted
for use of a controlled substance, | 23 | | methamphetamine, or cannabis by subcutaneous injection.
| 24 | | (18) Felony possession of a controlled substance.
| 25 | | (19) Any violation of the Methamphetamine Control and | 26 | | Community Protection Act.
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| 1 | | (b-2) For child care facilities other than foster family | 2 | | homes,
the Department may issue a new child care facility | 3 | | license to or renew the
existing child care facility license of | 4 | | an applicant, a person employed by a
child care facility, or an | 5 | | applicant who has an adult residing in a home child
care | 6 | | facility who was convicted of an offense described in | 7 | | subsection (b-1),
provided that all of the following | 8 | | requirements are met:
| 9 | | (1) The relevant criminal offense occurred more than 5 | 10 | | years prior to the
date of application or renewal, except | 11 | | for drug offenses. The relevant drug
offense must have | 12 | | occurred more than 10 years prior to the date of | 13 | | application
or renewal, unless the applicant passed a drug | 14 | | test, arranged and paid for by
the child care facility, no | 15 | | less than 5 years after the offense.
| 16 | | (2) The Department must conduct a background check and | 17 | | assess all
convictions and recommendations of the child | 18 | | care facility to determine if
waiver shall apply in | 19 | | accordance with Department administrative rules and
| 20 | | procedures.
| 21 | | (3) The applicant meets all other requirements and | 22 | | qualifications to be
licensed as the pertinent type of | 23 | | child care facility under this Act and the
Department's | 24 | | administrative rules.
| 25 | | (c) In addition to the other provisions of this Section, no
| 26 | | applicant may receive a license from the Department to operate |
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| 1 | | a foster family
home, and no adult person may reside in a | 2 | | foster family home licensed by the
Department, who has been | 3 | | convicted of committing or attempting to commit any of
the | 4 | | following offenses stipulated under the Criminal Code of 1961, | 5 | | the Cannabis
Control Act, the Methamphetamine Control and | 6 | | Community Protection Act, and the Illinois Controlled | 7 | | Substances Act:
| 8 | | (I) OFFENSES DIRECTED AGAINST THE PERSON
| 9 | | (A) KIDNAPPING AND RELATED OFFENSES
| 10 | | (1) Unlawful restraint.
| 11 | | (B) BODILY HARM
| 12 | | (2) Felony aggravated assault.
| 13 | | (3) Vehicular endangerment.
| 14 | | (4) Felony domestic battery.
| 15 | | (5) Aggravated battery.
| 16 | | (6) Heinous battery.
| 17 | | (7) Aggravated battery with a firearm.
| 18 | | (8) Aggravated battery of an unborn child.
| 19 | | (9) Aggravated battery of a senior citizen.
| 20 | | (10) Intimidation.
| 21 | | (11) Compelling organization membership of persons.
| 22 | | (12) Abuse and criminal neglect of a long term care | 23 | | facility resident.
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| 1 | | (13) Felony violation of an order of protection.
| 2 | | (II) OFFENSES DIRECTED AGAINST PROPERTY
| 3 | | (14) Felony theft.
| 4 | | (15) Robbery.
| 5 | | (16) Armed robbery.
| 6 | | (17) Aggravated robbery.
| 7 | | (18) Vehicular hijacking.
| 8 | | (19) Aggravated vehicular hijacking.
| 9 | | (20) Burglary.
| 10 | | (21) Possession of burglary tools.
| 11 | | (22) Residential burglary.
| 12 | | (23) Criminal fortification of a residence or | 13 | | building.
| 14 | | (24) Arson.
| 15 | | (25) Aggravated arson.
| 16 | | (26) Possession of explosive or explosive incendiary | 17 | | devices.
| 18 | | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| 19 | | (27) Felony unlawful use of weapons.
| 20 | | (28) Aggravated discharge of a firearm.
| 21 | | (29) Reckless discharge of a firearm.
| 22 | | (30) Unlawful use of metal piercing bullets.
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| 1 | | (31) Unlawful sale or delivery of firearms on the | 2 | | premises of any school.
| 3 | | (32) Disarming a police officer.
| 4 | | (33) Obstructing justice.
| 5 | | (34) Concealing or aiding a fugitive.
| 6 | | (35) Armed violence.
| 7 | | (36) Felony contributing to the criminal delinquency | 8 | | of a juvenile.
| 9 | | (IV) DRUG OFFENSES
| 10 | | (37) Possession of more than 30 grams of cannabis.
| 11 | | (38) Manufacture of more than 10 grams of cannabis.
| 12 | | (39) Cannabis trafficking.
| 13 | | (40) Delivery of cannabis on school grounds.
| 14 | | (41) Unauthorized production of more than 5 cannabis | 15 | | sativa plants.
| 16 | | (42) Calculated criminal cannabis conspiracy.
| 17 | | (43) Unauthorized manufacture or delivery of | 18 | | controlled substances.
| 19 | | (44) Controlled substance trafficking.
| 20 | | (45) Manufacture, distribution, or advertisement of | 21 | | look-alike substances.
| 22 | | (46) Calculated criminal drug conspiracy.
| 23 | | (46.5) Streetgang criminal drug conspiracy.
| 24 | | (47) Permitting unlawful use of a building.
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| 1 | | (48) Delivery of controlled, counterfeit, or | 2 | | look-alike substances to
persons under age 18, or at truck | 3 | | stops, rest stops, or safety rest areas, or
on school | 4 | | property.
| 5 | | (49) Using, engaging, or employing persons under 18 to | 6 | | deliver controlled,
counterfeit, or look-alike substances.
| 7 | | (50) Delivery of controlled substances.
| 8 | | (51) Sale or delivery of drug paraphernalia.
| 9 | | (52) Felony possession, sale, or exchange of | 10 | | instruments adapted for use
of a controlled substance, | 11 | | methamphetamine, or cannabis by subcutaneous injection. | 12 | | (53) Any violation of the Methamphetamine Control and | 13 | | Community Protection Act.
| 14 | | (d) Notwithstanding subsection (c), the Department may | 15 | | issue a new foster
family home license or may renew an existing
| 16 | | foster family home license of an applicant who was convicted of | 17 | | an offense
described in subsection (c), provided all of the | 18 | | following requirements are
met:
| 19 | | (1) The relevant criminal offense or offenses occurred | 20 | | more than 10 years
prior to the date of application or | 21 | | renewal.
| 22 | | (2) The applicant had previously disclosed the | 23 | | conviction or convictions
to the Department for purposes of | 24 | | a background check.
| 25 | | (3) After the disclosure, the Department either placed | 26 | | a child in the home
or the foster family home license was |
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| 1 | | issued.
| 2 | | (4) During the background check, the Department had | 3 | | assessed and
waived the conviction in compliance with the | 4 | | existing statutes and rules in
effect at the time of the | 5 | | waiver.
| 6 | | (5) The applicant meets all other requirements and | 7 | | qualifications to be
licensed as a foster family home under | 8 | | this Act and the Department's
administrative
rules.
| 9 | | (6) The applicant has a history of providing a safe, | 10 | | stable home
environment and appears able to continue to | 11 | | provide a safe, stable home
environment.
| 12 | | (e) Notwithstanding subsection (c), the Department may, on | 13 | | a case-by-case basis, issue a new foster family home license or | 14 | | may renew an existing foster family home license of an | 15 | | applicant who was convicted of an offense described in | 16 | | subsection (c), provided all of the following requirements are | 17 | | met: | 18 | | (1) the applicant is a relative foster home with | 19 | | relative children already in placement under Section 7 of | 20 | | the Children and Family Services Act; | 21 | | (2) the foster family home license is specific to the | 22 | | relative foster child or children already in placement and | 23 | | the foster family home is not licensed to take any other | 24 | | non-related children; | 25 | | (3) the waived criminal conviction does not impact the | 26 | | safety of the child; |
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| 1 | | (4) the applicant meets all other requirements and | 2 | | qualifications to be licensed as a foster family home under | 3 | | this Act and the Department's administrative rules; and | 4 | | (5) the waiver is approved by the Director of the | 5 | | Department and the reason for the waiver is documented in | 6 | | writing. | 7 | | (Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; | 8 | | 96-1551, Article 2, Section 990, eff. 7-1-11; revised 9-30-11.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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