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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 003 ] |
92_HB5002enr HB5002 Enrolled LRB9214443RCsb 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abused and Neglected Child Reporting Act 5 is amended by changing Sections 2, 3, 4, 4.02, 7, 7.1, 7.4, 6 and 7.14 as follows: 7 (325 ILCS 5/2) (from Ch. 23, par. 2052) 8 Sec. 2. The Illinois Department of Children and Family 9 Services shall, upon receiving reports made under this Act, 10 protect the health, safety, and best interests of the child 11 in all situations in which the child is vulnerable to child 12 abuse or neglect, offer protective services in order to 13 prevent any further harm to the child and to other children 14 in the same environment or family, stabilize the home 15 environment, and preserve family life whenever possible. 16 Recognizing that children also can be abused and neglected 17 while living in public or private residential agencies or 18 institutions meant to serve them, while attending day care 19 centers,orschools, or religious activities, or when in 20 contact with adults who are responsible for the welfare of 21 the child at that time, this Act also provides for the 22 reporting and investigation of child abuse and neglect in 23 such instances. In performing any of these duties, the 24 Department may utilize such protective services of voluntary 25 agencies as are available. 26 (Source: P.A. 90-28, eff. 1-1-98.) 27 (325 ILCS 5/3) (from Ch. 23, par. 2053) 28 Sec. 3. As used in this Act unless the context otherwise 29 requires: 30 "Child" means any person under the age of 18 years, HB5002 Enrolled -2- LRB9214443RCsb 1 unless legally emancipated by reason of marriage or entry 2 into a branch of the United States armed services. 3 "Department" means Department of Children and Family 4 Services. 5 "Local law enforcement agency" means the police of a 6 city, town, village or other incorporated area or the sheriff 7 of an unincorporated area or any sworn officer of the 8 Illinois Department of State Police. 9 "Abused child" means a child whose parent or immediate 10 family member, or any person responsible for the child's 11 welfare, or any individual residing in the same home as the 12 child, or a paramour of the child's parent: 13 (a)a.inflicts, causes to be inflicted, or allows 14 to be inflicted upon such child physical injury, by other 15 than accidental means, which causes death, disfigurement, 16 impairment of physical or emotional health, or loss or 17 impairment of any bodily function; 18 (b)b.creates a substantial risk of physical 19 injury to such child by other than accidental means which 20 would be likely to cause death, disfigurement, impairment 21 of physical or emotional health, or loss or impairment of 22 any bodily function; 23 (c)c.commits or allows to be committed any sex 24 offense against such child, as such sex offenses are 25 defined in the Criminal Code of 1961, as amended, and 26 extending those definitions of sex offenses to include 27 children under 18 years of age; 28 (d)d.commits or allows to be committed an act or 29 acts of torture upon such child; 30 (e)e.inflicts excessive corporal punishment; 31 (f)f.commits or allows to be committed the 32 offense of female genital mutilation, as defined in 33 Section 12-34 of the Criminal Code of 1961, against the 34 child; or HB5002 Enrolled -3- LRB9214443RCsb 1 (g)g.causes to be sold, transferred, distributed, 2 or given to such child under 18 years of age, a 3 controlled substance as defined in Section 102 of the 4 Illinois Controlled Substances Act in violation of 5 Article IV of the Illinois Controlled Substances Act, 6 except for controlled substances that are prescribed in 7 accordance with Article III of the Illinois Controlled 8 Substances Act and are dispensed to such child in a 9 manner that substantially complies with the prescription. 10 A child shall not be considered abused for the sole 11 reason that the child has been relinquished in accordance 12 with the Abandoned Newborn Infant Protection Act. 13 "Neglected child" means any child who is not receiving 14 the proper or necessary nourishment or medically indicated 15 treatment including food or care not provided solely on the 16 basis of the present or anticipated mental or physical 17 impairment as determined by a physician acting alone or in 18 consultation with other physicians or otherwise is not 19 receiving the proper or necessary support or medical or other 20 remedial care recognized under State law as necessary for a 21 child's well-being, or other care necessary for his or her 22 well-being, including adequate food, clothing and shelter; or 23 who is abandoned by his or her parents or other person 24 responsible for the child's welfare without a proper plan of 25 care; or who is a newborn infant whose blood, urine, or 26 meconium contains any amount of a controlled substance as 27 defined in subsection (f) of Section 102 of the Illinois 28 Controlled Substances Act or a metabolite thereof, with the 29 exception of a controlled substance or metabolite thereof 30 whose presence in the newborn infant is the result of medical 31 treatment administered to the mother or the newborn infant. A 32 child shall not be considered neglected for the sole reason 33 that the child's parent or other person responsible for his 34 or her welfare has left the child in the care of an adult HB5002 Enrolled -4- LRB9214443RCsb 1 relative for any period of time. A child shall not be 2 considered neglected for the sole reason that the child has 3 been relinquished in accordance with the Abandoned Newborn 4 Infant Protection Act. A child shall not be considered 5 neglected or abused for the sole reason that such child's 6 parent or other person responsible for his or her welfare 7 depends upon spiritual means through prayer alone for the 8 treatment or cure of disease or remedial care as provided 9 under Section 4 of this Act. A child shall not be considered 10 neglected or abused solely because the child is not attending 11 school in accordance with the requirements of Article 26 of 12 The School Code, as amended. 13 "Child Protective Service Unit" means certain specialized 14 State employees of the Department assigned by the Director to 15 perform the duties and responsibilities as provided under 16 Section 7.2 of this Act. 17 "Person responsible for the child's welfare" means the 18 child's parent; guardian; foster parent; relative caregiver; 19 any person responsible for the child's welfare in a public or 20 private residential agency or institution; any person 21 responsible for the child's welfare within a public or 22 private profit or not for profit child care facility; or any 23 other person responsible for the child's welfare at the time 24 of the alleged abuse or neglect, or any person who came to 25 know the child through an official capacity or position of 26 trust, including but not limited to health care 27 professionals, educational personnel, recreational 28 supervisors, members of the clergy, and volunteers or support 29 personnel in any setting where children may be subject to 30 abuse or neglect. 31 "Temporary protective custody" means custody within a 32 hospital or other medical facility or a place previously 33 designated for such custody by the Department, subject to 34 review by the Court, including a licensed foster home, group HB5002 Enrolled -5- LRB9214443RCsb 1 home, or other institution; but such place shall not be a 2 jail or other place for the detention of criminal or juvenile 3 offenders. 4 "An unfounded report" means any report made under this 5 Act for which it is determined after an investigation that no 6 credible evidence of abuse or neglect exists. 7 "An indicated report" means a report made under this Act 8 if an investigation determines that credible evidence of the 9 alleged abuse or neglect exists. 10 "An undetermined report" means any report made under this 11 Act in which it was not possible to initiate or complete an 12 investigation on the basis of information provided to the 13 Department. 14 "Subject of report" means any child reported to the 15 central register of child abuse and neglect established under 16 Section 7.7 of this Act and his or her parent, guardian or 17 other person responsible who is also named in the report. 18 "Perpetrator" means a person who, as a result of 19 investigation, has been determined by the Department to have 20 caused child abuse or neglect. 21 "Member of the clergy" means a clergyman or practitioner 22 of any religious denomination accredited by the religious 23 body to which he or she belongs. 24 (Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01; 25 92-432, eff. 8-17-01.) 26 (325 ILCS 5/4) (from Ch. 23, par. 2054) 27 Sec. 4. Persons required to report; privileged 28 communications; transmitting false report. Any physician, 29 resident, intern, hospital, hospital administrator and 30 personnel engaged in examination, care and treatment of 31 persons, surgeon, dentist, dentist hygienist, osteopath, 32 chiropractor, podiatrist, physician assistant, substance 33 abuse treatment personnel, Christian Science practitioner, HB5002 Enrolled -6- LRB9214443RCsb 1 funeral home director or employee, coroner, medical examiner, 2 emergency medical technician, acupuncturist, crisis line or 3 hotline personnel, school personnel, educational advocate 4 assigned to a child pursuant to the School Code, truant 5 officers, social worker, social services administrator, 6 domestic violence program personnel, registered nurse, 7 licensed practical nurse, respiratory care practitioner, 8 advanced practice nurse, home health aide, director or staff 9 assistant of a nursery school or a child day care center, 10 recreational program or facility personnel, law enforcement 11 officer, registered psychologist and assistants working 12 under the direct supervision of a psychologist, psychiatrist, 13 or field personnel of the Illinois Department of Public Aid, 14 Public Health, Human Services (acting as successor to the 15 Department of Mental Health and Developmental Disabilities, 16 Rehabilitation Services, or Public Aid), Corrections, Human 17 Rights, or Children and Family Services, supervisor and 18 administrator of general assistance under the Illinois Public 19 Aid Code, probation officer, or any other foster parent, 20 homemaker or child care worker having reasonable cause to 21 believe a child known to them in their professional or 22 official capacity may be an abused child or a neglected child 23 shall immediately report or cause a report to be made to the 24 Department. 25 Any member of the clergy having reasonable cause to 26 believe that a child known to that member of the clergy in 27 his or her professional capacity may be an abused child as 28 defined in item (c) of the definition of "abused child" in 29 Section 3 of this Act shall immediately report or cause a 30 report to be made to the Department. 31 Whenever such person is required to report under this Act 32 in his capacity as a member of the staff of a medical or 33 other public or private institution, school, facility or 34 agency, or as a member of the clergy, he shall make report HB5002 Enrolled -7- LRB9214443RCsb 1 immediately to the Department in accordance with the 2 provisions of this Act and may also notify the person in 3 charge of such institution, school, facility or agency, or 4 church, synagogue, temple, mosque, or other religious 5 institution, or his designated agent that such report has 6 been made. Under no circumstances shall any person in charge 7 of such institution, school, facility or agency, or church, 8 synagogue, temple, mosque, or other religious institution, or 9 his designated agent to whom such notification has been made, 10 exercise any control, restraint, modification or other change 11 in the report or the forwarding of such report to the 12 Department. 13 The privileged quality of communication between any 14 professional person required to report and his patient or 15 client shall not apply to situations involving abused or 16 neglected children and shall not constitute grounds for 17 failure to report as required by this Act. 18 A member of the clergy may claim the privilege under 19 Section 8-803 of the Code of Civil Procedure. 20 In addition to the above persons required to report 21 suspected cases of abused or neglected children, any other 22 person may make a report if such person has reasonable cause 23 to believe a child may be an abused child or a neglected 24 child. 25 Any person who enters into employment on and after July 26 1, 1986 and is mandated by virtue of that employment to 27 report under this Act, shall sign a statement on a form 28 prescribed by the Department, to the effect that the employee 29 has knowledge and understanding of the reporting requirements 30 of this Act. The statement shall be signed prior to 31 commencement of the employment. The signed statement shall 32 be retained by the employer. The cost of printing, 33 distribution, and filing of the statement shall be borne by 34 the employer. HB5002 Enrolled -8- LRB9214443RCsb 1 The Department shall provide copies of this Act, upon 2 request, to all employers employing persons who shall be 3 required under the provisions of this Section to report under 4 this Act. 5 Any person who knowingly transmits a false report to the 6 Department commits the offense of disorderly conduct under 7 subsection (a)(7) of Section 26-1 of the "Criminal Code of 8 1961". Any person who violates this provision a second or 9 subsequent time shall be guilty of a Class 4 felony. 10 Any person who knowingly and willfully violates any 11 provision of this Section other than a second or subsequent 12 violation of transmitting a false report as described in the 13 preceding paragraph, isshall beguilty of a Class A 14 misdemeanor for a first violation and a Class 4 felony for a 15 second or subsequent violation. 16 A child whose parent, guardian or custodian in good faith 17 selects and depends upon spiritual means through prayer 18 alone for the treatment or cure of disease or remedial care 19 may be considered neglected or abused, but not for the sole 20 reason that his parent, guardian or custodian accepts and 21 practices such beliefs. 22 A child shall not be considered neglected or abused 23 solely because the child is not attending school in 24 accordance with the requirements of Article 26 of the School 25 Code, as amended. 26 (Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99; 27 92-16, eff. 6-28-01.) 28 (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02) 29 Sec. 4.02. Any physician who willfully fails to report 30 suspected child abuse or neglect as required by this Act 31 shall be referred to the Illinois State Medical Disciplinary 32 Board for action in accordance with paragraph 22 of Section 33 22 of the Medical Practice Act of 1987. Any dentist or dental HB5002 Enrolled -9- LRB9214443RCsb 1 hygienist who willfully fails to report suspected child abuse 2 or neglect as required by this Act shall be referred to the 3 Department of Professional Regulation for action in 4 accordance with paragraph 19 of Section 23 of the Illinois 5 Dental Practice Act. Any other person required by this Act 6 to report suspected child abuse and neglect who willfully 7 fails to report such isshall beguilty of a Class A 8 misdemeanor for a first violation and a Class 4 felony for a 9 second or subsequent violation. 10 (Source: P.A. 91-197, eff. 1-1-00.) 11 (325 ILCS 5/7) (from Ch. 23, par. 2057) 12 Sec. 7. Time and manner of making reports. All reports 13 of suspected child abuse or neglect made under this Act shall 14 be made immediately by telephone to the central register 15 established under Section 7.7 on the single, State-wide, 16 toll-free telephone number established in Section 7.6, or in 17 person or by telephone through the nearest Department office. 18 The Department shall, in cooperation with school officials, 19 distribute appropriate materials in school buildings listing 20 the toll-free telephone number established in Section 7.6, 21 including methods of making a report under this Act. The 22 Department may, in cooperation with appropriate members of 23 the clergy, distribute appropriate materials in churches, 24 synagogues, temples, mosques, or other religious buildings 25 listing the toll-free telephone number established in Section 26 7.6, including methods of making a report under this Act. 27 Wherever the Statewide number is posted, there shall also 28 be posted the following notice: 29 "Any person who knowingly transmits a false report to the 30 Department commits the offense of disorderly conduct under 31 subsection (a)(7) of Section 26-1 of the Criminal Code of 32 1961. A first violation of this subsection is a Class A 33 misdemeanor, punishable by a term of imprisonment for up to HB5002 Enrolled -10- LRB9214443RCsb 1 one year, or by a fine not to exceed $1,000, or by both such 2 term and fine. A second or subsequent violation is a Class 4 3 felony." 4 The report required by this Act shall include, if known, 5 the name and address of the child and his parents or other 6 persons having his custody; the child's age; the nature of 7 the child's condition including any evidence of previous 8 injuries or disabilities; and any other information that the 9 person filing the report believes might be helpful in 10 establishing the cause of such abuse or neglect and the 11 identity of the person believed to have caused such abuse or 12 neglect. Reports made to the central register through the 13 State-wide, toll-free telephone number shall be immediately 14 transmitted to the appropriate Child Protective Service Unit. 15 The Department shall within 24 hours orally notify local law 16 enforcement personnel and the office of the State's Attorney 17 of the involved county of the receipt of any report alleging 18 the death of a child, serious injury to a child including, 19 but not limited to, brain damage, skull fractures, subdural 20 hematomas, and, internal injuries, torture of a child, 21 malnutrition of a child, and sexual abuse to a child, 22 including, but not limited to, sexual intercourse, sexual 23 exploitation, sexual molestation, and sexually transmitted 24 disease in a child age twelve and under. All oral reports 25 made by the Department to local law enforcement personnel and 26 the office of the State's Attorney of the involved county 27 shall be confirmed in writing within 48 hours of the oral 28 report. All reports by persons mandated to report under this 29 Act shall be confirmed in writing to the appropriate Child 30 Protective Service Unit, which may be on forms supplied by 31 the Department, within 48 hours of any initial report. 32 Written confirmation reports from persons not required to 33 report by this Act may be made to the appropriate Child 34 Protective Service Unit. Written reports from persons HB5002 Enrolled -11- LRB9214443RCsb 1 required by this Act to report shall be admissible in 2 evidence in any judicial proceeding relating to child abuse 3 or neglect. Reports involving known or suspected child abuse 4 or neglect in public or private residential agencies or 5 institutions shall be made and received in the same manner as 6 all other reports made under this Act. 7 (Source: P.A. 89-187, eff. 7-19-95.) 8 (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1) 9 Sec. 7.1. (a) To the fullest extent feasible, the 10 Department shall cooperate with and shall seek the 11 cooperation and involvement of all appropriate public and 12 private agencies, including health, education, social service 13 and law enforcement agencies, religious institutions, courts 14 of competent jurisdiction, and agencies, organizations, or 15 programs providing or concerned with human services related 16 to the prevention, identification or treatment of child abuse 17 or neglect. 18 Such cooperation and involvement shall include joint 19 consultation and services, joint planning, joint case 20 management, joint public education and information services, 21 joint utilization of facilities, joint staff development and 22 other training, and the creation of multidisciplinary case 23 diagnostic, case handling, case management, and policy 24 planning teams. Such cooperation and involvement shall also 25 include consultation and planning with the Illinois 26 Department of Human Services regarding referrals to 27 designated perinatal centers of newborn children requiring 28 protective custody under this Act, whose life or development 29 may be threatened by a developmental disability or 30 handicapping condition. 31 For implementing such intergovernmental cooperation and 32 involvement, units of local government and public and private 33 agencies may apply for and receive federal or State funds HB5002 Enrolled -12- LRB9214443RCsb 1 from the Department under this Act or seek and receive gifts 2 from local philanthropic or other private local sources in 3 order to augment any State funds appropriated for the 4 purposes of this Act. 5 (b) The Department may establish up to 5 demonstrations 6 of multidisciplinary teams to advise, review and monitor 7 cases of child abuse and neglect brought by the Department or 8 any member of the team. The Director shall determine the 9 criteria by which certain cases of child abuse or neglect are 10 brought to the multidisciplinary teams. The criteria shall 11 include but not be limited to geographic area and 12 classification of certain cases where allegations are of a 13 severe nature. Each multidisciplinary team shall consist of 14 7 to 10 members appointed by the Director, including, but not 15 limited to representatives from the medical, mental health, 16 educational, juvenile justice, law enforcement and social 17 service fields. 18 (Source: P.A. 89-507, eff. 7-1-97.) 19 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) 20 Sec. 7.4. (a) The Department shall be capable of 21 receiving reports of suspected child abuse or neglect 24 22 hours a day, 7 days a week. Whenever the Department receives 23 a report alleging that a child is a truant as defined in 24 Section 26-2a of The School Code, as now or hereafter 25 amended, the Department shall notify the superintendent of 26 the school district in which the child resides and the 27 appropriate superintendent of the educational service region. 28 The notification to the appropriate officials by the 29 Department shall not be considered an allegation of abuse or 30 neglect under this Act. 31 (b) (1) The following procedures shall be followed in 32 the investigation of all reports of suspected abuse or 33 neglect of a child, except as provided in subsection (c) of HB5002 Enrolled -13- LRB9214443RCsb 1 this Section. 2 (2) If it appears that the immediate safety or 3 well-being of a child is endangered, that the family may flee 4 or the child disappear, or that the facts otherwise so 5 warrant, the Child Protective Service Unit shall commence an 6 investigation immediately, regardless of the time of day or 7 night. In all other cases, investigation shall be commenced 8 within 24 hours of receipt of the report. Upon receipt of a 9 report, the Child Protective Service Unit shall make an 10 initial investigation and an initial determination whether 11 the report is a good faith indication of alleged child abuse 12 or neglect. 13 (3) If the Unit determines the report is a good faith 14 indication of alleged child abuse or neglect, then a formal 15 investigation shall commence and, pursuant to Section 7.12 of 16 this Act, may or may not result in an indicated report. The 17 formal investigation shall include: direct contact with the 18 subject or subjects of the report as soon as possible after 19 the report is received; an evaluation of the environment of 20 the child named in the report and any other children in the 21 same environment; a determination of the risk to such 22 children if they continue to remain in the existing 23 environments, as well as a determination of the nature, 24 extent and cause of any condition enumerated in such report; 25 the name, age and condition of other children in the 26 environment; and an evaluation as to whether there would be 27 an immediate and urgent necessity to remove the child from 28 the environment if appropriate family preservation services 29 were provided. After seeing to the safety of the child or 30 children, the Department shall forthwith notify the subjects 31 of the report in writing, of the existence of the report and 32 their rights existing under this Act in regard to amendment 33 or expungement. To fulfill the requirements of this Section, 34 the Child Protective Service Unit shall have the capability HB5002 Enrolled -14- LRB9214443RCsb 1 of providing or arranging for comprehensive emergency 2 services to children and families at all times of the day or 3 night. 4 (4) If (i) at the conclusion of the Unit's initial 5 investigation of a report, the Unit determines the report to 6 be a good faith indication of alleged child abuse or neglect 7 that warrants a formal investigation by the Unit, the 8 Department, any law enforcement agency or any other 9 responsible agency and (ii) the person who is alleged to have 10 caused the abuse or neglect is employed or otherwise engaged 11 in an activity resulting in frequent contact with children 12 and the alleged abuse or neglect are in the course of such 13 employment or activity, then the Department shall, except in 14 investigations where the Director determines that such 15 notification would be detrimental to the Department's 16 investigation, inform the appropriate supervisor or 17 administrator of that employment or activity that the Unit 18 has commenced a formal investigation pursuant to this Act, 19 which may or may not result in an indicated report. The 20 Department shall also notify the person being investigated, 21 unless the Director determines that such notification would 22 be detrimental to the Department's investigation. 23 (c) In an investigation of a report of suspected abuse 24 or neglect of a child by a school employee at a school or on 25 school grounds, the Department shall make reasonable efforts 26 to follow the following procedures: 27 (1) Investigations involving teachers shall not, to 28 the extent possible, be conducted when the teacher is 29 scheduled to conduct classes. Investigations involving 30 other school employees shall be conducted so as to 31 minimize disruption of the school day. The school 32 employee accused of child abuse or neglect may have his 33 superior, his association or union representative and his 34 attorney present at any interview or meeting at which the HB5002 Enrolled -15- LRB9214443RCsb 1 teacher or administrator is present. The accused school 2 employee shall be informed by a representative of the 3 Department, at any interview or meeting, of the accused 4 school employee's due process rights and of the steps in 5 the investigation process. The information shall include, 6 but need not necessarily be limited to the right, subject 7 to the approval of the Department, of the school employee 8 to confront the accuser, if the accuser is 14 years of 9 age or older, or the right to review the specific 10 allegations which gave rise to the investigation, and the 11 right to review all materials and evidence that have been 12 submitted to the Department in support of the allegation. 13 These due process rights shall also include the right of 14 the school employee to present countervailing evidence 15 regarding the accusations. 16 (2) If a report of neglect or abuse of a child by a 17 teacher or administrator does not involve allegations of 18 sexual abuse or extreme physical abuse, the Child 19 Protective Service Unit shall make reasonable efforts to 20 conduct the initial investigation in coordination with 21 the employee's supervisor. 22 If the Unit determines that the report is a good 23 faith indication of potential child abuse or neglect, it 24 shall then commence a formal investigation under 25 paragraph (3) of subsection (b) of this Section. 26 (3) If a report of neglect or abuse of a child by a 27 teacher or administrator involves an allegation of sexual 28 abuse or extreme physical abuse, the Child Protective 29 Unit shall commence an investigation under paragraph (2) 30 of subsection (b) of this Section. 31 (d) If the Department has contact with an employer, or 32 with a religious institution or religious official having 33 supervisory or hierarchical authority over a member of the 34 clergy accused of the abuse of a child, in the course of its HB5002 Enrolled -16- LRB9214443RCsb 1 investigation, the Department shall notify the employer or 2 the religious institution or religious official, in writing, 3 when a report is unfounded so that any record of the 4 investigation can be expunged from the employee's or member 5 of the clergy's personnel or other records. The Department 6 shall also notify the employee or the member of the clergy, 7 in writing, that notification has been sent to the employer 8 or to the appropriate religious institution or religious 9 official informing the employer or religious institution or 10 religious official that the Department's investigation has 11 resulted in an unfounded report. 12 (e) Upon request by the Department, the Department of 13 State Police and law enforcement agencies are authorized to 14 provide criminal history record information as defined in 15 the Illinois Uniform Conviction Information Act and 16 information maintained in the adjudicatory and dispositional 17 record system as defined in Section 2605-355 of the 18 Department of State Police Law (20 ILCS 2605/2605-355) to 19 properly designated employees of the Department of Children 20 and Family Services if the Department determines the 21 information is necessary to perform its duties under the 22 Abused and Neglected Child Reporting Act, the Child Care Act 23 of 1969, and the Children and Family Services Act. The 24 request shall be in the form and manner required by the 25 Department of State Police. Any information obtained by the 26 Department of Children and Family Services under this Section 27 is confidential and may not be transmitted outside the 28 Department of Children and Family Services other than to a 29 court of competent jurisdiction or unless otherwise 30 authorized by law. Any employee of the Department of Children 31 and Family Services who transmits confidential information in 32 violation of this Section or causes the information to be 33 transmitted in violation of this Section is guilty of a Class 34 A misdemeanor unless the transmittal of the information is HB5002 Enrolled -17- LRB9214443RCsb 1 authorized by this Section or otherwise authorized by law. 2 (Source: P.A. 91-239, eff. 1-1-00.) 3 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) 4 Sec. 7.14. All reports in the central register shall be 5 classified in one of three categories: "indicated", 6 "unfounded" or "undetermined", as the case may be. After the 7 report is classified, the person making the classification 8 shall determine whether the child named in the report is the 9 subject of an action under Article II of the Juvenile Court 10 Act of 1987. If the child is the subject of an action under 11 Article II of the Juvenile Court Act, the Department shall 12 transmit a copy of the report to the guardian ad litem 13 appointed for the child under Section 2-17 of the Juvenile 14 Court Act. All information identifying the subjects of an 15 unfounded report shall be expunged from the register 16 forthwith, except as provided in Section 7.7. Unfounded 17 reports may only be made available to the Child Protective 18 Service Unit when investigating a subsequent report of 19 suspected abuse or maltreatment involving a child named in 20 the unfounded report; and to the subject of the report, 21 provided that the subject requests the report within 60 days 22 of being notified that the report was unfounded. The Child 23 Protective Service Unit shall not indicate the subsequent 24 report solely based upon the existence of the prior unfounded 25 report or reports. Notwithstanding any other provision of 26 law to the contrary, an unfounded report shall not be 27 admissible in any judicial or administrative proceeding or 28 action. Identifying information on all other records shall be 29 removed from the register no later than 5 years after the 30 report is indicated. However, if another report is received 31 involving the same child, his sibling or offspring, or a 32 child in the care of the persons responsible for the child's 33 welfare, or involving the same alleged offender, the HB5002 Enrolled -18- LRB9214443RCsb 1 identifying information may be maintained in the register 2 until 5 years after the subsequent case or report is closed. 3 Notwithstanding any other provision of this Section, 4 identifying information in indicated reports involving the 5 sexual abuse of a child, the death of a child, or serious 6 physical injury to a child as defined by the Department in 7 rules, may be retained longer than 5 years after the report 8 is indicated or after the subsequent case or report is 9 closed, and may not be removed from the register except as 10 provided by the Department in rules. 11 (Source: P.A. 90-15, eff. 6-13-97.) 12 Section 10. The Criminal Code of 1961 is amended by 13 changing Section 3-6 as follows: 14 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) 15 Sec. 3-6. Extended limitations. The period within which 16 a prosecution must be commenced under the provisions of 17 Section 3-5 or other applicable statute is extended under the 18 following conditions: 19 (a) A prosecution for theft involving a breach of a 20 fiduciary obligation to the aggrieved person may be commenced 21 as follows: 22 (1) If the aggrieved person is a minor or a person 23 under legal disability, then during the minority or legal 24 disability or within one year after the termination 25 thereof. 26 (2) In any other instance, within one year after 27 the discovery of the offense by an aggrieved person, or 28 by a person who has legal capacity to represent an 29 aggrieved person or has a legal duty to report the 30 offense, and is not himself or herself a party to the 31 offense; or in the absence of such discovery, within one 32 year after the proper prosecuting officer becomes aware HB5002 Enrolled -19- LRB9214443RCsb 1 of the offense. However, in no such case is the period of 2 limitation so extended more than 3 years beyond the 3 expiration of the period otherwise applicable. 4 (b) A prosecution for any offense based upon misconduct 5 in office by a public officer or employee may be commenced 6 within one year after discovery of the offense by a person 7 having a legal duty to report such offense, or in the absence 8 of such discovery, within one year after the proper 9 prosecuting officer becomes aware of the offense. However, in 10 no such case is the period of limitation so extended more 11 than 3 years beyond the expiration of the period otherwise 12 applicable. 13 (c) Except as otherwise provided in subdivision (i) or 14 (j) of this Section, a prosecution for any offense involving 15 sexual conduct or sexual penetration, as defined in Section 16 12-12 of this Code, where the victim and defendant are family 17 members, as defined in Section 12-12 of this Code, may be 18 commenced within one year of the victim attaining the age of 19 18 years. 20 (d) A prosecution for child pornography, indecent 21 solicitation of a child, soliciting for a juvenile 22 prostitute, juvenile pimping or exploitation of a child may 23 be commenced within one year of the victim attaining the age 24 of 18 years. However, in no such case shall the time period 25 for prosecution expire sooner than 3 years after the 26 commission of the offense. When the victim is under 18 years 27 of age, a prosecution for criminal sexual abuse may be 28 commenced within one year of the victim attaining the age of 29 18 years. However, in no such case shall the time period for 30 prosecution expire sooner than 3 years after the commission 31 of the offense. 32 (e) Except as otherwise provided in subdivision (j), a 33 prosecution for any offense involving sexual conduct or 34 sexual penetration, as defined in Section 12-12 of this Code, HB5002 Enrolled -20- LRB9214443RCsb 1 where the defendant was within a professional or fiduciary 2 relationship or a purported professional or fiduciary 3 relationship with the victim at the time of the commission of 4 the offense may be commenced within one year after the 5 discovery of the offense by the victim. 6 (f) A prosecution for any offense set forth in Section 7 44 of the "Environmental Protection Act", approved June 29, 8 1970, as amended, may be commenced within 5 years after the 9 discovery of such an offense by a person or agency having the 10 legal duty to report the offense or in the absence of such 11 discovery, within 5 years after the proper prosecuting 12 officer becomes aware of the offense. 13 (g) (Blank). 14 (h) (Blank). 15 (i) Except as otherwise provided in subdivision (j), a 16 prosecution for criminal sexual assault, aggravated criminal 17 sexual assault, or aggravated criminal sexual abuse may be 18 commenced within 10 years of the commission of the offense if 19 the victim reported the offense to law enforcement 20 authorities within 2 years after the commission of the 21 offense. 22When the victim is under 18 years of age at the time of23the offense and the offender is a family member as defined in24Section 12-12, a prosecution for criminal sexual assault,25aggravated criminal sexual assault, predatory criminal sexual26assault of a child, or aggravated criminal sexual abuse may27be commenced within 10 years of the victim attaining the age28of 18 years.29When the victim is under 18 years of age at the time of30the offense and the offender is not a family member as31defined in Section 12-12, a prosecution for criminal sexual32assault, aggravated criminal sexual assault, predatory33criminal sexual assault of a child, or aggravated criminal34sexual abuse may be commenced within 10 years of the victimHB5002 Enrolled -21- LRB9214443RCsb 1attaining the age of 18 years, if the victim reported the2offense to law enforcement authorities before he or she3attained the age of 21 years.Nothing in this subdivision 4 (i) shall be construed to shorten a period within which a 5 prosecution must be commenced under any other provision of 6 this Section. 7 (j) When the victim is under 18 years of age at the time 8 of the offense, a prosecution for criminal sexual assault, 9 aggravated criminal sexual assault, predatory criminal sexual 10 assault of a child, or aggravated criminal sexual abuse or a 11 prosecution for failure of a person who is required to report 12 an alleged or suspected commission of any of these offenses 13 under the Abused and Neglected Child Reporting Act may be 14 commenced within 10 years after the child victim attains 18 15 years of age. 16 Nothing in this subdivision (j) shall be construed to 17 shorten a period within which a prosecution must be commenced 18 under any other provision of this Section. 19 (Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.