Full Text of SB1208 98th General Assembly
SB1208 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1208 Introduced 1/30/2013, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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225 ILCS 10/4.2 | from Ch. 23, par. 2214.2 |
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Amends the Child Care Act of 1969. Makes a technical change in a Section
regarding background checks. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | | the Department and
no person may be employed by a licensed | 9 | | child care facility who refuses to
authorize an investigation | 10 | | as 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", | 17 | | approved July 6, 1938, as amended, or convicted of
committing | 18 | | or attempting to commit any of the following offenses | 19 | | stipulated
under the Criminal Code of 1961:
| 20 | | (1) murder;
| 21 | | (1.1) solicitation of murder;
| 22 | | (1.2) solicitation of murder for hire;
| 23 | | (1.3) intentional homicide of an unborn child;
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| 1 | | (1.4) voluntary manslaughter of an unborn child;
| 2 | | (1.5) involuntary manslaughter;
| 3 | | (1.6) reckless homicide;
| 4 | | (1.7) concealment of a homicidal death;
| 5 | | (1.8) involuntary manslaughter of an unborn child;
| 6 | | (1.9) reckless homicide of an unborn child;
| 7 | | (1.10) drug-induced homicide;
| 8 | | (2) a sex offense under Article 11, except offenses | 9 | | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | 10 | | 11-40, and 11-45;
| 11 | | (3) kidnapping;
| 12 | | (3.1) aggravated unlawful restraint;
| 13 | | (3.2) forcible detention;
| 14 | | (3.3) harboring a runaway;
| 15 | | (3.4) aiding and abetting child abduction;
| 16 | | (4) aggravated kidnapping;
| 17 | | (5) child abduction;
| 18 | | (6) aggravated battery of a child as described in | 19 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| 20 | | (7) criminal sexual assault;
| 21 | | (8) aggravated criminal sexual assault;
| 22 | | (8.1) predatory criminal sexual assault of a child;
| 23 | | (9) criminal sexual abuse;
| 24 | | (10) aggravated sexual abuse;
| 25 | | (11) heinous battery as described in Section 12-4.1 or | 26 | | subdivision (a)(2) of Section 12-3.05;
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| 1 | | (12) aggravated battery with a firearm as described in | 2 | | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 3 | | (e)(4) of Section 12-3.05;
| 4 | | (13) tampering with food, drugs, or cosmetics;
| 5 | | (14) drug induced infliction of great bodily harm as | 6 | | described in Section 12-4.7 or subdivision (g)(1) of | 7 | | Section 12-3.05;
| 8 | | (15) hate crime;
| 9 | | (16) stalking;
| 10 | | (17) aggravated stalking;
| 11 | | (18) threatening public officials;
| 12 | | (19) home invasion;
| 13 | | (20) vehicular invasion;
| 14 | | (21) criminal transmission of HIV;
| 15 | | (22) criminal abuse or neglect of an elderly or | 16 | | disabled person as described in Section 12-21 or subsection | 17 | | (b) of Section 12-4.4a;
| 18 | | (23) child abandonment;
| 19 | | (24) endangering the life or health of a child;
| 20 | | (25) ritual mutilation;
| 21 | | (26) ritualized abuse of a child;
| 22 | | (27) an offense in any other jurisdiction the elements | 23 | | of
which are similar and
bear a substantial relationship to | 24 | | any of the foregoing offenses.
| 25 | | (b-1) In addition to the other provisions of this Section, | 26 | | beginning
January 1, 2004, no new applicant and, on the date of
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| 1 | | licensure renewal, no current licensee may operate or receive a | 2 | | license from
the
Department to operate, no person may be | 3 | | employed by, and no adult person may
reside in a child care | 4 | | facility licensed by the Department who has been
convicted of | 5 | | committing or attempting to commit any of the following | 6 | | offenses
or an offense in any other jurisdiction the elements | 7 | | of which are similar and
bear a substantial relationship to any | 8 | | of the following offenses:
| 9 | | (I) BODILY HARM
| 10 | | (1) Felony aggravated assault.
| 11 | | (2) Vehicular endangerment.
| 12 | | (3) Felony domestic battery.
| 13 | | (4) Aggravated battery.
| 14 | | (5) Heinous battery.
| 15 | | (6) Aggravated battery with a firearm.
| 16 | | (7) Aggravated battery of an unborn child.
| 17 | | (8) Aggravated battery of a senior citizen.
| 18 | | (9) Intimidation.
| 19 | | (10) Compelling organization membership of persons.
| 20 | | (11) Abuse and criminal neglect of a long term care | 21 | | facility resident.
| 22 | | (12) Felony violation of an order of protection.
| 23 | | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
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| 1 | | (1) Felony unlawful use of weapons.
| 2 | | (2) Aggravated discharge of a firearm.
| 3 | | (3) Reckless discharge of a firearm.
| 4 | | (4) Unlawful use of metal piercing bullets.
| 5 | | (5) Unlawful sale or delivery of firearms on the | 6 | | premises of any
school.
| 7 | | (6) Disarming a police officer.
| 8 | | (7) Obstructing justice.
| 9 | | (8) Concealing or aiding a fugitive.
| 10 | | (9) Armed violence.
| 11 | | (10) Felony contributing to the criminal delinquency | 12 | | of a juvenile.
| 13 | | (III) DRUG OFFENSES
| 14 | | (1) Possession of more than 30 grams of cannabis.
| 15 | | (2) Manufacture of more than 10 grams of cannabis.
| 16 | | (3) Cannabis trafficking.
| 17 | | (4) Delivery of cannabis on school grounds.
| 18 | | (5) Unauthorized production of more than 5 cannabis | 19 | | sativa plants.
| 20 | | (6) Calculated criminal cannabis conspiracy.
| 21 | | (7) Unauthorized manufacture or delivery of controlled | 22 | | substances.
| 23 | | (8) Controlled substance trafficking.
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| 1 | | (9) Manufacture, distribution, or advertisement of | 2 | | look-alike
substances.
| 3 | | (10) Calculated criminal drug conspiracy.
| 4 | | (11) Street gang criminal drug conspiracy.
| 5 | | (12) Permitting unlawful use of a building.
| 6 | | (13) Delivery of controlled, counterfeit, or | 7 | | look-alike substances to
persons under age 18, or at truck | 8 | | stops, rest stops, or safety rest areas, or
on school | 9 | | property.
| 10 | | (14) Using, engaging, or employing persons under 18 to | 11 | | deliver
controlled, counterfeit, or look-alike substances.
| 12 | | (15) Delivery of controlled substances.
| 13 | | (16) Sale or delivery of drug paraphernalia.
| 14 | | (17) Felony possession, sale, or exchange of | 15 | | instruments adapted
for use of a controlled substance, | 16 | | methamphetamine, or cannabis by subcutaneous injection.
| 17 | | (18) Felony possession of a controlled substance.
| 18 | | (19) Any violation of the Methamphetamine Control and | 19 | | Community Protection Act.
| 20 | | (b-1.5) In addition to any other provision of this Section, | 21 | | for applicants with access to confidential financial | 22 | | information or who submit documentation to support billing, no | 23 | | applicant whose initial application was considered after the | 24 | | effective date of this amendatory Act of the 97th General | 25 | | Assembly may receive a license from the Department or a child | 26 | | care facility licensed by the Department who has been convicted |
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| 1 | | of committing or attempting to commit any of the following | 2 | | felony offenses: | 3 | | (1) financial institution fraud under Section 17-10.6 | 4 | | of the Criminal Code of 1961; | 5 | | (2) identity theft under Section 16-30 of the Criminal | 6 | | Code of 1961; | 7 | | (3) financial exploitation of an elderly person or a | 8 | | person with a disability under Section 17-56 of the | 9 | | Criminal Code of 1961; | 10 | | (4) computer tampering under Section 17-51 of the | 11 | | Criminal Code of 1961; | 12 | | (5) aggravated computer tampering under Section 17-52 | 13 | | of the Criminal Code of 1961; | 14 | | (6) computer fraud under Section 17-50 of the Criminal | 15 | | Code of 1961; | 16 | | (7) deceptive practices under Section 17-1 of the | 17 | | Criminal Code of 1961; | 18 | | (8) forgery under Section 17-3 of the Criminal Code of | 19 | | 1961; | 20 | | (9) State benefits fraud under Section 17-6 of the | 21 | | Criminal Code of 1961; | 22 | | (10) mail fraud and wire fraud under Section 17-24 of | 23 | | the Criminal Code of 1961; | 24 | | (11) theft under paragraphs (1.1) through (11) of | 25 | | subsection (b) of Section 16-1 of the Criminal Code of | 26 | | 1961. |
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| 1 | | (b-2) Notwithstanding subsection (b-1), the Department may | 2 | | make an exception and, for child care facilities other than | 3 | | foster family homes,
issue a new child care facility license to | 4 | | or renew the
existing child care facility license of an | 5 | | applicant, a person employed by a
child care facility, or an | 6 | | applicant who has an adult residing in a home child
care | 7 | | facility who was convicted of an offense described in | 8 | | subsection (b-1),
provided that all of the following | 9 | | requirements are met:
| 10 | | (1) The relevant criminal offense occurred more than 5 | 11 | | years prior to the
date of application or renewal, except | 12 | | for drug offenses. The relevant drug
offense must have | 13 | | occurred more than 10 years prior to the date of | 14 | | application
or renewal, unless the applicant passed a drug | 15 | | test, arranged and paid for by
the child care facility, no | 16 | | less than 5 years after the offense.
| 17 | | (2) The Department must conduct a background check and | 18 | | assess all
convictions and recommendations of the child | 19 | | care facility to determine if hiring or licensing the | 20 | | applicant is in
accordance with Department administrative | 21 | | rules and
procedures.
| 22 | | (3) The applicant meets all other requirements and | 23 | | qualifications to be
licensed as the pertinent type of | 24 | | child care facility under this Act and the
Department's | 25 | | administrative rules.
| 26 | | (c) In addition to the other provisions of this Section, no
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| 1 | | applicant may receive a license from the Department to operate | 2 | | a foster family
home, and no adult person may reside in a | 3 | | foster family home licensed by the
Department, who has been | 4 | | convicted of committing or attempting to commit any of
the | 5 | | following offenses stipulated under the Criminal Code of 1961, | 6 | | the Cannabis
Control Act, the Methamphetamine Control and | 7 | | Community Protection Act, and the Illinois Controlled | 8 | | Substances Act:
| 9 | | (I) OFFENSES DIRECTED AGAINST THE PERSON
| 10 | | (A) KIDNAPPING AND RELATED OFFENSES
| 11 | | (1) Unlawful restraint.
| 12 | | (B) BODILY HARM
| 13 | | (2) Felony aggravated assault.
| 14 | | (3) Vehicular endangerment.
| 15 | | (4) Felony domestic battery.
| 16 | | (5) Aggravated battery.
| 17 | | (6) Heinous battery.
| 18 | | (7) Aggravated battery with a firearm.
| 19 | | (8) Aggravated battery of an unborn child.
| 20 | | (9) Aggravated battery of a senior citizen.
| 21 | | (10) Intimidation.
| 22 | | (11) Compelling organization membership of persons.
| 23 | | (12) Abuse and criminal neglect of a long term care |
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| 1 | | facility resident.
| 2 | | (13) Felony violation of an order of protection.
| 3 | | (II) OFFENSES DIRECTED AGAINST PROPERTY
| 4 | | (14) Felony theft.
| 5 | | (15) Robbery.
| 6 | | (16) Armed robbery.
| 7 | | (17) Aggravated robbery.
| 8 | | (18) Vehicular hijacking.
| 9 | | (19) Aggravated vehicular hijacking.
| 10 | | (20) Burglary.
| 11 | | (21) Possession of burglary tools.
| 12 | | (22) Residential burglary.
| 13 | | (23) Criminal fortification of a residence or | 14 | | building.
| 15 | | (24) Arson.
| 16 | | (25) Aggravated arson.
| 17 | | (26) Possession of explosive or explosive incendiary | 18 | | devices.
| 19 | | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| 20 | | (27) Felony unlawful use of weapons.
| 21 | | (28) Aggravated discharge of a firearm.
| 22 | | (29) Reckless discharge of a firearm.
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| 1 | | (30) Unlawful use of metal piercing bullets.
| 2 | | (31) Unlawful sale or delivery of firearms on the | 3 | | premises of any school.
| 4 | | (32) Disarming a police officer.
| 5 | | (33) Obstructing justice.
| 6 | | (34) Concealing or aiding a fugitive.
| 7 | | (35) Armed violence.
| 8 | | (36) Felony contributing to the criminal delinquency | 9 | | of a juvenile.
| 10 | | (IV) DRUG OFFENSES
| 11 | | (37) Possession of more than 30 grams of cannabis.
| 12 | | (38) Manufacture of more than 10 grams of cannabis.
| 13 | | (39) Cannabis trafficking.
| 14 | | (40) Delivery of cannabis on school grounds.
| 15 | | (41) Unauthorized production of more than 5 cannabis | 16 | | sativa plants.
| 17 | | (42) Calculated criminal cannabis conspiracy.
| 18 | | (43) Unauthorized manufacture or delivery of | 19 | | controlled substances.
| 20 | | (44) Controlled substance trafficking.
| 21 | | (45) Manufacture, distribution, or advertisement of | 22 | | look-alike substances.
| 23 | | (46) Calculated criminal drug conspiracy.
| 24 | | (46.5) Streetgang criminal drug conspiracy.
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| 1 | | (47) Permitting unlawful use of a building.
| 2 | | (48) Delivery of controlled, counterfeit, or | 3 | | look-alike substances to
persons under age 18, or at truck | 4 | | stops, rest stops, or safety rest areas, or
on school | 5 | | property.
| 6 | | (49) Using, engaging, or employing persons under 18 to | 7 | | deliver controlled,
counterfeit, or look-alike substances.
| 8 | | (50) Delivery of controlled substances.
| 9 | | (51) Sale or delivery of drug paraphernalia.
| 10 | | (52) Felony possession, sale, or exchange of | 11 | | instruments adapted for use
of a controlled substance, | 12 | | methamphetamine, or cannabis by subcutaneous injection. | 13 | | (53) Any violation of the Methamphetamine Control and | 14 | | Community Protection Act.
| 15 | | (d) Notwithstanding subsection (c), the Department may | 16 | | make an exception and issue a new foster
family home license or | 17 | | may renew an existing
foster family home license of an | 18 | | applicant who was convicted of an offense
described in | 19 | | subsection (c), provided all of the following requirements are
| 20 | | met:
| 21 | | (1) The relevant criminal offense or offenses occurred | 22 | | more than 10 years
prior to the date of application or | 23 | | renewal.
| 24 | | (2) The applicant had previously disclosed the | 25 | | conviction or convictions
to the Department for purposes of | 26 | | a background check.
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| 1 | | (3) After the disclosure, the Department either placed | 2 | | a child in the home
or the foster family home license was | 3 | | issued.
| 4 | | (4) During the background check, the Department had | 5 | | assessed and
waived the conviction in compliance with the | 6 | | existing statutes and rules in
effect at the time of the | 7 | | hire or licensure.
| 8 | | (5) The applicant meets all other requirements and | 9 | | qualifications to be
licensed as a foster family home under | 10 | | this Act and the Department's
administrative
rules.
| 11 | | (6) The applicant has a history of providing a safe, | 12 | | stable home
environment and appears able to continue to | 13 | | provide a safe, stable home
environment.
| 14 | | (e) In evaluating the exception pursuant to subsections | 15 | | (b-2) and (d), the Department must carefully review any | 16 | | relevant documents to determine whether the applicant, despite | 17 | | the disqualifying convictions, poses a substantial risk to | 18 | | State resources or clients. In making such a determination, the | 19 | | following guidelines shall be used: | 20 | | (1) the age of the applicant when the offense was | 21 | | committed; | 22 | | (2) the circumstances surrounding the offense; | 23 | | (3) the length of time since the conviction; | 24 | | (4) the specific duties and responsibilities | 25 | | necessarily related to the license being applied for and | 26 | | the bearing, if any, that the applicant's conviction |
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| 1 | | history may have on his or her fitness to perform these | 2 | | duties and responsibilities; | 3 | | (5) the applicant's employment references; | 4 | | (6) the applicant's character references and any | 5 | | certificates of achievement; | 6 | | (7) an academic transcript showing educational | 7 | | attainment since the disqualifying conviction; | 8 | | (8) a Certificate of Relief from Disabilities or | 9 | | Certificate of Good Conduct; and | 10 | | (9) anything else that speaks to the applicant's | 11 | | character. | 12 | | (Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; | 13 | | 96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff. | 14 | | 7-31-12; 97-1109, eff. 1-1-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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