Full Text of HB3264 102nd General Assembly
HB3264ham001 102ND GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3264
| 2 | | AMENDMENT NO. ______. Amend House Bill 3264 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Abused and Neglected Child Reporting Act | 5 | | is amended by changing Section 3 as follows: | 6 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 7 | | Sec. 3. As used in this Act unless the context otherwise | 8 | | requires: | 9 | | "Adult resident" means any person between 18 and 22 years | 10 | | of age who resides in any facility licensed by the Department | 11 | | under the Child Care Act of 1969. For purposes of this Act, the | 12 | | criteria set forth in the definitions of "abused child" and | 13 | | "neglected child" shall be used in determining whether an | 14 | | adult resident is abused or neglected. | 15 | | "Agency" means a child care facility licensed under | 16 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and |
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| 1 | | includes a transitional living program that accepts children | 2 | | and adult residents for placement who are in the guardianship | 3 | | of the Department. | 4 | | "Blatant disregard" means an incident where the real, | 5 | | significant, and imminent risk of harm would be so obvious to a | 6 | | reasonable parent or caretaker that it is unlikely that a | 7 | | reasonable parent or caretaker would have exposed the child to | 8 | | the danger without exercising precautionary measures to | 9 | | protect the child from harm. With respect to a person working | 10 | | at an agency in his or her professional capacity with a child | 11 | | or adult resident, "blatant disregard" includes a failure by | 12 | | the person to perform job responsibilities intended to protect | 13 | | the child's or adult resident's health, physical well-being, | 14 | | or welfare, and, when viewed in light of the surrounding | 15 | | circumstances, evidence exists that would cause a reasonable | 16 | | person to believe that the child was neglected. With respect | 17 | | to an agency, "blatant disregard" includes a failure to | 18 | | implement practices that ensure the health, physical | 19 | | well-being, or welfare of the children and adult residents | 20 | | residing in the facility. | 21 | | "Child" means any person under the age of 18 years, unless | 22 | | legally
emancipated by reason of marriage or entry into a | 23 | | branch of the United
States armed services. | 24 | | "Department" means Department of Children and Family | 25 | | Services. | 26 | | "Local law enforcement agency" means the police of a city, |
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| 1 | | town,
village or other incorporated area or the sheriff of an | 2 | | unincorporated
area or any sworn officer of the Illinois | 3 | | Department of State Police. | 4 | | "Abused child"
means a child whose parent or immediate | 5 | | family
member,
or any person responsible for the child's | 6 | | welfare, or any individual
residing in the same home as the | 7 | | child, or a paramour of the child's parent: | 8 | | (a) inflicts, causes to be inflicted, or allows to be
| 9 | | inflicted upon
such child physical injury, by other than | 10 | | accidental means, which causes
death, disfigurement, | 11 | | impairment of physical or
emotional health, or loss or | 12 | | impairment of any bodily function; | 13 | | (b) creates a substantial risk of physical injury to | 14 | | such
child by
other than accidental means which would be | 15 | | likely to cause death,
disfigurement, impairment of | 16 | | physical or emotional health, or loss or
impairment of any | 17 | | bodily function; | 18 | | (c) commits or allows to be committed any sex offense | 19 | | against
such child,
as such sex offenses are defined in | 20 | | the Criminal Code of 2012 or in the Wrongs to Children Act,
| 21 | | and extending those definitions of sex offenses to include | 22 | | children under
18 years of age; | 23 | | (d) commits or allows to be committed an act or acts of
| 24 | | torture upon
such child; | 25 | | (e) inflicts excessive corporal punishment or, in the | 26 | | case of a person working for an agency who is prohibited |
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| 1 | | from using corporal punishment, inflicts corporal | 2 | | punishment upon a child or adult resident with whom the | 3 | | person is working in his or her professional capacity; | 4 | | (f) commits or allows to be committed
the offense of
| 5 | | female
genital mutilation, as defined in Section 12-34 of | 6 | | the Criminal Code of
2012, against the child; | 7 | | (g) causes to be sold, transferred, distributed, or | 8 | | given to
such child
under 18 years of age, a controlled | 9 | | substance as defined in Section 102 of the
Illinois | 10 | | Controlled Substances Act in violation of Article IV of | 11 | | the Illinois
Controlled Substances Act or in violation of | 12 | | the Methamphetamine Control and Community Protection Act, | 13 | | except for controlled substances that are prescribed
in | 14 | | accordance with Article III of the Illinois Controlled | 15 | | Substances Act and
are dispensed to such child in a manner | 16 | | that substantially complies with the
prescription; or | 17 | | (h) commits or allows to be committed the offense of | 18 | | involuntary servitude, involuntary sexual servitude of a | 19 | | minor, or trafficking in persons as defined in Section | 20 | | 10-9 of the Criminal Code of 2012 against the child ; or . | 21 | | (i) commits the offense of grooming as defined in | 22 | | Section 11-25 of the Criminal Code of 2012 against the | 23 | | child. | 24 | | A child shall not be considered abused for the sole reason | 25 | | that the child
has been relinquished in accordance with the | 26 | | Abandoned Newborn Infant
Protection Act. |
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| 1 | | "Neglected child" means any child who is not receiving the | 2 | | proper or
necessary nourishment or medically indicated | 3 | | treatment including food or care
not provided solely on the | 4 | | basis of the present or anticipated mental or
physical | 5 | | impairment as determined by a physician acting alone or in
| 6 | | consultation with other physicians or otherwise is not | 7 | | receiving the proper or
necessary support or medical or other | 8 | | remedial care recognized under State law
as necessary for a | 9 | | child's well-being, or other care necessary for his or her
| 10 | | well-being, including adequate food, clothing and shelter; or | 11 | | who is subjected to an environment which is injurious insofar | 12 | | as (i) the child's environment creates a likelihood of harm to | 13 | | the child's health, physical well-being, or welfare and (ii) | 14 | | the likely harm to the child is the result of a blatant | 15 | | disregard of parent, caretaker, or agency responsibilities; or | 16 | | who is abandoned
by his or her parents or other person | 17 | | responsible for the child's welfare
without a proper plan of | 18 | | care; or who has been provided with interim crisis | 19 | | intervention services under
Section 3-5 of
the Juvenile Court | 20 | | Act of 1987 and whose parent, guardian, or custodian refuses | 21 | | to
permit
the child to return home and no other living | 22 | | arrangement agreeable
to the parent, guardian, or custodian | 23 | | can be made, and the parent, guardian, or custodian has not | 24 | | made any other appropriate living arrangement for the child; | 25 | | or who is a newborn infant whose blood, urine,
or meconium
| 26 | | contains any amount of a controlled substance as defined in |
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| 1 | | subsection (f) of
Section 102 of the Illinois Controlled | 2 | | Substances Act or a metabolite thereof,
with the exception of | 3 | | a controlled substance or metabolite thereof whose
presence in | 4 | | the newborn infant is the result of medical treatment | 5 | | administered
to the mother or the newborn infant. A child | 6 | | shall not be considered neglected
for the sole reason that the | 7 | | child's parent or other person responsible for his
or her | 8 | | welfare has left the child in the care of an adult relative for | 9 | | any
period of time. A child shall not be considered neglected | 10 | | for the sole reason
that the child has been relinquished in | 11 | | accordance with the Abandoned Newborn
Infant Protection Act. A | 12 | | child shall not be considered neglected or abused
for the
sole | 13 | | reason that such child's parent or other person responsible | 14 | | for his or her
welfare depends upon spiritual means through | 15 | | prayer alone for the treatment or
cure of disease or remedial | 16 | | care as provided under Section 4 of this Act. A
child shall not | 17 | | be considered neglected or abused solely because the child is
| 18 | | not attending school in accordance with the requirements of | 19 | | Article 26 of The
School Code, as amended. | 20 | | "Child Protective Service Unit" means certain specialized | 21 | | State employees of
the Department assigned by the Director to | 22 | | perform the duties and
responsibilities as provided under | 23 | | Section 7.2 of this Act. | 24 | | "Near fatality" means an act that, as certified by a | 25 | | physician, places the child in serious or critical condition, | 26 | | including acts of great bodily harm inflicted upon children |
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| 1 | | under 13 years of age, and as otherwise defined by Department | 2 | | rule. | 3 | | "Great bodily harm" includes bodily injury which creates a | 4 | | high probability of death, or which causes serious permanent | 5 | | disfigurement, or which causes a permanent or protracted loss | 6 | | or impairment of the function of any bodily member or organ, or | 7 | | other serious bodily harm. | 8 | | "Person responsible for the child's welfare" means the | 9 | | child's parent;
guardian; foster parent; relative caregiver; | 10 | | any person responsible for the
child's welfare in a public or | 11 | | private residential agency or institution; any
person | 12 | | responsible for the child's welfare within a public or private | 13 | | profit or
not for profit child care facility; or any other | 14 | | person responsible for the
child's welfare at the time of the | 15 | | alleged abuse or neglect, including any person that is the | 16 | | custodian of a child under 18 years of age who commits or | 17 | | allows to be committed, against the child, the offense of | 18 | | involuntary servitude, involuntary sexual servitude of a | 19 | | minor, or trafficking in persons for forced labor or services, | 20 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 21 | | any person who
came to know the child through an official | 22 | | capacity or position of trust,
including but not limited to | 23 | | health care professionals, educational personnel,
recreational | 24 | | supervisors, members of the clergy, and volunteers or
support | 25 | | personnel in any setting
where children may be subject to | 26 | | abuse or neglect. |
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| 1 | | "Temporary protective custody" means custody within a | 2 | | hospital or
other medical facility or a place previously | 3 | | designated for such custody
by the Department, subject to | 4 | | review by the Court, including a licensed
foster home, group | 5 | | home, or other institution; but such place shall not
be a jail | 6 | | or other place for the detention of criminal or juvenile | 7 | | offenders. | 8 | | "An unfounded report" means any report made under this Act | 9 | | for which
it is determined after an investigation that no | 10 | | credible evidence of
abuse or neglect exists. | 11 | | "An indicated report" means a report made under this Act | 12 | | if an
investigation determines that credible evidence of the | 13 | | alleged
abuse or neglect exists. | 14 | | "An undetermined report" means any report made under this | 15 | | Act in
which it was not possible to initiate or complete an | 16 | | investigation on
the basis of information provided to the | 17 | | Department. | 18 | | "Subject of report" means any child reported to the | 19 | | central register
of child abuse and neglect established under | 20 | | Section 7.7 of this Act as an alleged victim of child abuse or | 21 | | neglect and
the parent or guardian of the alleged victim or | 22 | | other person responsible for the alleged victim's welfare who | 23 | | is named in the report or added to the report as an alleged | 24 | | perpetrator of child abuse or neglect. | 25 | | "Perpetrator" means a person who, as a result of | 26 | | investigation, has
been determined by the Department to have |
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| 1 | | caused child abuse or neglect. | 2 | | "Member of the clergy" means a clergyman or practitioner | 3 | | of any religious
denomination accredited by the religious body | 4 | | to which he or she belongs. | 5 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
| 6 | | Section 10. The Criminal Code of 2012 is amended by | 7 | | changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
| 8 | | (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
| 9 | | Sec. 11-1.20. Criminal sexual assault.
| 10 | | (a) A person commits criminal sexual assault if that | 11 | | person commits an act of sexual penetration and: | 12 | | (1) uses force or threat of force; | 13 | | (2) knows that the victim is unable to understand the | 14 | | nature of the act or is unable to give knowing consent; | 15 | | (3) is a family member of the victim, and the victim is | 16 | | under 18 years of age; or | 17 | | (4) is 17 years of age or over and holds a position of | 18 | | trust, authority, or supervision in relation to the | 19 | | victim, and the victim is at least 13 years of age but | 20 | | under 18 years of age ; or .
| 21 | | (5) the victim is a student attending classes at a | 22 | | public or nonpublic secondary school and the accused held | 23 | | a position of trust, authority, or supervision over the | 24 | | victim in connection with an educational or |
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| 1 | | extracurricular program or activity at the time of the | 2 | | commission of the act, regardless of the location or place | 3 | | of the commission of the act. | 4 | | (b) Sentence.
| 5 | | (1) Criminal sexual assault is a Class 1 felony, | 6 | | except that:
| 7 | | (A) A person who is convicted of the offense of | 8 | | criminal sexual assault as
defined in paragraph (a)(1) | 9 | | or (a)(2) after having previously been convicted of
| 10 | | the offense of criminal sexual assault or the offense | 11 | | of exploitation of a child, or who is convicted of the | 12 | | offense of
criminal sexual assault as defined in | 13 | | paragraph (a)(1) or (a)(2) after having
previously | 14 | | been convicted under the laws of this State or any | 15 | | other state of an
offense that is substantially | 16 | | equivalent to the offense of criminal sexual
assault | 17 | | or to the offense of exploitation of a child, commits a | 18 | | Class X felony for which the person shall be sentenced | 19 | | to a
term of imprisonment of not less than 30 years and | 20 | | not more than 60 years, except that if the person is | 21 | | under the age of 18 years at the time of the offense, | 22 | | he or she shall be sentenced under Section 5-4.5-105 | 23 | | of the Unified Code of Corrections. The
commission of | 24 | | the second or subsequent offense is required to have | 25 | | been after
the initial conviction for this paragraph | 26 | | (A) to apply.
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| 1 | | (B) A person who has attained the age of 18 years | 2 | | at the time of the commission of the offense and who is | 3 | | convicted of the offense of criminal sexual assault as
| 4 | | defined in paragraph (a)(1) or (a)(2) after having | 5 | | previously been convicted of
the offense of aggravated | 6 | | criminal sexual assault or the offense of predatory
| 7 | | criminal sexual assault of a child, or who is | 8 | | convicted of the offense of
criminal sexual assault as | 9 | | defined in paragraph (a)(1) or (a)(2) after having
| 10 | | previously been convicted under the laws of this State | 11 | | or any other state of an
offense that is substantially | 12 | | equivalent to the offense of aggravated criminal
| 13 | | sexual assault or the offense of predatory criminal | 14 | | sexual assault of a child shall be
sentenced to a term | 15 | | of natural life imprisonment. The commission of the | 16 | | second
or subsequent offense is required to have been | 17 | | after the initial conviction for
this paragraph (B) to | 18 | | apply. An offender under the age of 18 years at the | 19 | | time of the commission of the offense covered by this | 20 | | subparagraph (B) shall be sentenced under Section | 21 | | 5-4.5-105 of the Unified Code of Corrections.
| 22 | | (C) A second or subsequent conviction for a | 23 | | violation of paragraph
(a)(3) , or (a)(4) , or (a)(5) or | 24 | | under any similar statute of this State
or any other | 25 | | state for any offense involving criminal sexual | 26 | | assault that is
substantially equivalent to or more |
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| 1 | | serious than the sexual assault prohibited
under | 2 | | paragraph (a)(3) , or (a)(4) , or (a)(5) is a Class X | 3 | | felony.
| 4 | | (Source: P.A. 99-69, eff. 1-1-16 .)
| 5 | | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| 6 | | Sec. 11-1.60. Aggravated criminal sexual abuse.
| 7 | | (a) A person commits aggravated criminal sexual abuse if | 8 | | that person commits criminal sexual abuse and any of the | 9 | | following aggravating circumstances exist (i) during the | 10 | | commission of the offense or (ii) for purposes of paragraph | 11 | | (7), as part of the same course of conduct as the commission of | 12 | | the offense: | 13 | | (1) the person displays, threatens to use, or uses a | 14 | | dangerous weapon or any other object fashioned or used in | 15 | | a manner that leads the victim, under the circumstances, | 16 | | reasonably to believe that the object is a dangerous | 17 | | weapon; | 18 | | (2) the person causes bodily harm to the victim; | 19 | | (3) the victim is 60 years of age or older; | 20 | | (4) the victim is a person with a physical disability; | 21 | | (5) the person acts in a manner that threatens or | 22 | | endangers the life of the victim or any other person; | 23 | | (6) the person commits the criminal sexual abuse | 24 | | during the course of committing or attempting to commit | 25 | | any other felony; or |
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| 1 | | (7) the person delivers (by injection, inhalation, | 2 | | ingestion, transfer of possession, or any other means) any | 3 | | controlled substance to the victim for other than medical | 4 | | purposes without the victim's consent or by threat or | 5 | | deception.
| 6 | | (b) A person commits aggravated criminal sexual abuse if | 7 | | that person
commits an act of sexual conduct with a victim who | 8 | | is under 18
years of age
and the person is a family member.
| 9 | | (c) A person commits aggravated criminal sexual abuse if:
| 10 | | (1) that person is 17 years of age or over and: (i) | 11 | | commits an act of
sexual
conduct with a victim who is under | 12 | | 13 years of age; or
(ii) commits an act of sexual conduct | 13 | | with a victim who is at least 13
years of age but under 17 | 14 | | years of age and the
person uses force or threat of force | 15 | | to commit the act; or
| 16 | | (2) that person is under 17 years of age and: (i) | 17 | | commits an act of
sexual conduct with a victim who is under | 18 | | 9 years of age; or (ii) commits an act of sexual conduct | 19 | | with a victim who is
at least 9 years of age but under 17 | 20 | | years of age and the person uses force or threat of force | 21 | | to commit the act.
| 22 | | (d) A person commits aggravated criminal sexual abuse if | 23 | | that person
commits an act of sexual penetration or sexual | 24 | | conduct with a victim
who is at least 13
years of age but under | 25 | | 17 years of age and the person is at least 5 years
older than | 26 | | the victim.
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| 1 | | (e) A person commits aggravated criminal sexual abuse if | 2 | | that person
commits an act of sexual conduct with a victim who | 3 | | is a
person with a severe or profound intellectual disability.
| 4 | | (f) A person commits aggravated criminal sexual abuse if
| 5 | | that person commits an act of sexual conduct with a victim who | 6 | | is at least
13 years of age but under 18 years of age and
the | 7 | | person is 17 years of age or over and holds a position of | 8 | | trust,
authority, or supervision in relation to the victim.
| 9 | | (f-5) A person commits aggravated criminal sexual abuse if | 10 | | that person commits an act of sexual conduct with a victim who | 11 | | is a student attending classes at a public or nonpublic | 12 | | secondary school and the accused held a position of trust, | 13 | | authority, or supervision in relation to the victim in | 14 | | connection with an educational or extracurricular program or | 15 | | activity at the time of the commission of the act, regardless | 16 | | of the location or place of the commission of the act. | 17 | | (g) Sentence. Aggravated criminal sexual abuse is a Class | 18 | | 2 felony.
| 19 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 20 | | (720 ILCS 5/11-25) | 21 | | Sec. 11-25. Grooming. | 22 | | (a) A person commits grooming when he or she knowingly | 23 | | uses a computer on-line service, Internet service, local | 24 | | bulletin board service, or any other device capable of | 25 | | electronic data storage or transmission or performs an act in |
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| 1 | | person, through direct communication or by conduct through a | 2 | | third party, to seduce, solicit, lure, or entice, or attempt | 3 | | to seduce, solicit, lure, or entice, a child, a child's | 4 | | guardian, or another person believed by the person to be a | 5 | | child or a child's guardian, to commit any sex offense as | 6 | | defined in Section 2 of the Sex Offender Registration Act, to | 7 | | distribute photographs depicting the sex organs of the child, | 8 | | or to otherwise engage in any unlawful sexual conduct with a | 9 | | child or with another person believed by the person to be a | 10 | | child. As used in this Section, "child" means a person under 17 | 11 | | years of age. | 12 | | (b) Sentence. Grooming is a Class 4 felony.
| 13 | | (Source: P.A. 100-428, eff. 1-1-18 .) | 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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