Full Text of HB1320 94th General Assembly
HB1320eng 94TH GENERAL ASSEMBLY
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HB1320 Engrossed |
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LRB094 08887 DRJ 39106 b |
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| AN ACT concerning children.
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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 Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Section 4 as follows:
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| (325 ILCS 5/4) (from Ch. 23, par. 2054)
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| Sec. 4. Persons required to report; privileged | 8 |
| communications;
transmitting false report. Any physician, | 9 |
| resident, intern, hospital,
hospital administrator
and | 10 |
| personnel engaged in examination, care and treatment of | 11 |
| persons, surgeon,
dentist, dentist hygienist, osteopath, | 12 |
| chiropractor, podiatrist, physician
assistant, substance abuse | 13 |
| treatment personnel, funeral home
director or employee, | 14 |
| coroner, medical examiner, emergency medical technician,
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| acupuncturist, crisis line or hotline personnel, school | 16 |
| personnel, educational
advocate assigned to a child pursuant to | 17 |
| the School Code, truant officers,
social worker, social | 18 |
| services administrator,
domestic violence program personnel, | 19 |
| registered nurse, licensed
practical nurse, genetic counselor,
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| respiratory care practitioner, advanced practice nurse, home
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| health aide, director or staff
assistant of a nursery school or | 22 |
| a child day care center, recreational program
or facility | 23 |
| personnel, law enforcement officer, licensed professional
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| counselor, licensed clinical professional counselor, | 25 |
| registered psychologist
and
assistants working under the | 26 |
| direct supervision of a psychologist,
psychiatrist, or field | 27 |
| personnel of the Illinois Department of Public Aid,
Public | 28 |
| Health, Human Services (acting as successor to the Department | 29 |
| of Mental
Health and Developmental Disabilities, | 30 |
| Rehabilitation Services, or Public Aid),
Corrections, Human | 31 |
| Rights, or Children and Family Services, supervisor and
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| administrator of general assistance under the Illinois Public |
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LRB094 08887 DRJ 39106 b |
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| Aid Code,
probation officer, or any other foster parent, | 2 |
| homemaker or child care worker
having reasonable cause to | 3 |
| believe a child known to them in their professional
or official | 4 |
| capacity may be an abused child or a neglected child shall
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| immediately report or cause a report to be made to the | 6 |
| Department.
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| Any member of the clergy having reasonable cause to believe | 8 |
| that a child
known to that member of the clergy in his or her | 9 |
| professional capacity may be
an abused child as defined in item | 10 |
| (c) of the definition of "abused child" in
Section 3 of this | 11 |
| Act shall immediately report or cause a report to be made to
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| the Department.
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| Whenever
such person is required to report under this Act | 14 |
| in his capacity as a member of
the staff of a medical or other | 15 |
| public or private institution, school, facility
or agency, or | 16 |
| as a member of the clergy, he shall
make report immediately to | 17 |
| the Department in accordance
with the provisions of this Act | 18 |
| and may also notify the person in charge of
such institution, | 19 |
| school, facility or agency, or church, synagogue, temple,
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| mosque, or other religious institution, or his
designated agent | 21 |
| that such
report has been made. Under no circumstances shall | 22 |
| any person in charge of
such institution, school, facility or | 23 |
| agency, or church, synagogue, temple,
mosque, or other | 24 |
| religious institution, or his
designated agent to whom
such | 25 |
| notification has been made, exercise any control, restraint, | 26 |
| modification
or other change in the report or the forwarding of | 27 |
| such report to the
Department.
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| The privileged quality of communication between any | 29 |
| professional
person required to report
and his patient or | 30 |
| client shall not apply to situations involving abused or
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| neglected children and shall not constitute grounds for failure | 32 |
| to report
as required by this Act.
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| A member of the clergy may claim the privilege under | 34 |
| Section 8-803 of the
Code of Civil Procedure.
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| In addition to the above persons required to
report | 36 |
| suspected cases of abused or neglected children, any other |
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LRB094 08887 DRJ 39106 b |
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| person
may make a report if such person has reasonable cause to | 2 |
| believe a child
may be an abused child or a neglected child.
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| Any person who enters into
employment on and after July 1, | 4 |
| 1986 and is mandated by virtue of that
employment to report | 5 |
| under this Act, shall sign a statement on a form
prescribed by | 6 |
| the Department, to the effect that the employee has knowledge
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| and understanding of the reporting requirements of this Act. | 8 |
| The statement
shall be signed prior to commencement of the | 9 |
| employment. The signed
statement shall be retained by the | 10 |
| employer. The cost of printing,
distribution, and filing of the | 11 |
| statement shall be borne by the employer.
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| The Department shall provide copies of this Act, upon | 13 |
| request, to all
employers employing persons who shall be | 14 |
| required under the provisions of
this Section to report under | 15 |
| this Act.
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| Any school administrator, school principal, school | 17 |
| teacher, school board member, or other school personnel having | 18 |
| reasonable cause to believe that a child known to that school | 19 |
| administrator, school principal, school teacher, school board | 20 |
| member, or other school personnel in his or her professional | 21 |
| capacity was the victim of a sex offense committed by a person | 22 |
| responsible for the child's welfare shall immediately report or | 23 |
| cause a report to be made to the Department. "Sex offense" | 24 |
| means any violation of Article 11 or Sections 12-13, 12-14, | 25 |
| 12-14.1, 12-15, 12-16, or 12-16.2 of the Criminal Code of 1961. | 26 |
| Notwithstanding any other provision of this Section, a | 27 |
| school administrator, school principal, school teacher, school | 28 |
| board member, or other school personnel who knowingly and | 29 |
| willfully fails to report any suspected cases involving a sex | 30 |
| offense against a child committed by a person responsible for | 31 |
| the child's welfare as required by this Section is guilty of a | 32 |
| Class 4 felony for a first violation and a Class 3 felony for a | 33 |
| second or subsequent violation; except that if the school | 34 |
| administrator, school principal, school teacher, school board | 35 |
| member, or other school personnel acted as part of a plan or | 36 |
| scheme having as its object the prevention of discovery of a |
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LRB094 08887 DRJ 39106 b |
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| child that was the victim of a sex offense by lawful | 2 |
| authorities for the purpose of protecting or insulating any | 3 |
| person or entity from arrest or prosecution, the person is | 4 |
| guilty of a Class 3 felony for a first offense and a Class 2 | 5 |
| felony for a second or subsequent offense (regardless of | 6 |
| whether the second or subsequent offense involves any of the | 7 |
| same facts or persons as the first or other prior offense).
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| Any person who knowingly transmits a false report to the | 9 |
| Department
commits the offense of disorderly conduct under | 10 |
| subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 11 |
| 1961". Any person who violates this
provision a second or | 12 |
| subsequent time shall be guilty of a Class 3
felony.
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| Any person who knowingly and willfully violates any | 14 |
| provision of this
Section other than a second or subsequent | 15 |
| violation of transmitting a
false report as described in the
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| preceding paragraph, is guilty of a Class A misdemeanor for
a | 17 |
| first violation and a Class 4 felony for a
second or subsequent | 18 |
| violation; except that if the person acted as part
of a plan or | 19 |
| scheme having as its object the
prevention of discovery of an | 20 |
| abused or neglected child by lawful authorities
for the
purpose | 21 |
| of protecting or insulating any person or entity from arrest or
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| prosecution, the
person is guilty of a Class 4 felony for a | 23 |
| first offense and a Class 3 felony
for a second or
subsequent | 24 |
| offense (regardless of whether the second or subsequent offense
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| involves any
of the same facts or persons as the first or other | 26 |
| prior offense).
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| A child whose parent, guardian or custodian in good faith | 28 |
| selects and depends
upon spiritual means through prayer alone | 29 |
| for the treatment or cure of
disease or remedial care may be | 30 |
| considered neglected or abused, but not for
the sole reason | 31 |
| that his parent, guardian or custodian accepts and
practices | 32 |
| such beliefs.
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| A child shall not be considered neglected or abused solely | 34 |
| because the
child is not attending school in accordance with | 35 |
| the requirements of
Article 26 of the School Code, as amended.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; |
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HB1320 Engrossed |
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LRB094 08887 DRJ 39106 b |
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| 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; 93-431, eff. | 2 |
| 8-5-03; 93-1041, eff. 9-29-04.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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