State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


92_SB0940eng

 
SB940 Engrossed                                LRB9204070RCpr

 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  Children  and  Family  Services  Act  is
 5    amended by changing Section 7 as follows:

 6        (20 ILCS 505/7) (from Ch. 23, par. 5007)
 7        Sec. 7.  Placement of children; considerations.
 8        (a)  In  placing any child under this Act, the Department
 9    shall place such child, as far as possible, in the  care  and
10    custody  of some individual holding the same religious belief
11    as the parents of the child, or with some child care facility
12    which is operated by persons of like religious faith  as  the
13    parents of such child.
14        (b)  In  placing  a  child under this Act, the Department
15    may place a child with  a  relative  if  the  Department  has
16    reason   to  believe  that  the  relative  will  be  able  to
17    adequately provide for the child's safety  and  welfare.  The
18    Department  may  not  place a child with a relative, with the
19    exception of certain circumstances which  may  be  waived  as
20    defined by the Department in rules, if the results of a check
21    of  the Law Enforcement Agency Data System (LEADS) identifies
22    a prior criminal conviction of  the  relative  or  any  adult
23    member  of  the relative's household for any of the following
24    offenses under the Criminal Code of 1961:
25             (1)  murder;
26             (1.1)  solicitation of murder;
27             (1.2)  solicitation of murder for hire;
28             (1.3)  intentional homicide of an unborn child;
29             (1.4)  voluntary manslaughter of an unborn child;
30             (1.5)  involuntary manslaughter;
31             (1.6)  reckless homicide;
 
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 1             (1.7)  concealment of a homicidal death;
 2             (1.8)  involuntary manslaughter of an unborn child;
 3             (1.9)  reckless homicide of an unborn child;
 4             (1.10)  drug-induced homicide;
 5             (2)  a sex offense under Article 11, except offenses
 6        described in Sections 11-7, 11-8, 11-12, and 11-13;
 7             (3)  kidnapping;
 8             (3.1)  aggravated unlawful restraint;
 9             (3.2)  forcible detention;
10             (3.3)  aiding and abetting child abduction;
11             (4)  aggravated kidnapping;
12             (5)  child abduction;
13             (6)  aggravated battery of a child;
14             (7)  criminal sexual assault;
15             (8)  aggravated criminal sexual assault;
16             (8.1)  predatory criminal sexual assault of a child;
17             (9)  criminal sexual abuse;
18             (10)  aggravated sexual abuse;
19             (11)  heinous battery;
20             (12)  aggravated battery with a firearm;
21             (13)  tampering with food, drugs, or cosmetics;
22             (14)  drug-induced infliction of great bodily harm;
23             (15)  aggravated stalking;
24             (16)  home invasion;
25             (17)  vehicular invasion;
26             (18)  criminal transmission of HIV;
27             (19)  criminal abuse or neglect  of  an  elderly  or
28        disabled person;
29             (20)  child abandonment;
30             (21)  endangering the life or health of a child;
31             (22)  ritual mutilation;
32             (23)  ritualized abuse of a child;
33             (24)  an  offense in any other state the elements of
34        which are similar and bear a substantial relationship  to
 
SB940 Engrossed             -3-                LRB9204070RCpr
 1        any of the foregoing offenses.
 2    For  the purpose of this subsection, "relative" shall include
 3    any person, 21 years of age or over, other than  the  parent,
 4    who  (i)  is  currently  related  to  the child in any of the
 5    following ways by blood or  adoption:  grandparent,  sibling,
 6    great-grandparent,  uncle, aunt, nephew, niece, first cousin,
 7    great-uncle, or great-aunt; or (ii) is the spouse of  such  a
 8    relative;  or  (iii) is the child's step-father, step-mother,
 9    or  adult  step-brother  or  step-sister;   "relative"   also
10    includes  a  person related in any of the foregoing ways to a
11    sibling of a child, even though the person is not related  to
12    the child, when the child and its sibling are placed together
13    with  that  person.   A  relative with whom a child is placed
14    pursuant to this subsection may,  but  is  not  required  to,
15    apply  for  licensure as a foster family home pursuant to the
16    Child Care Act of 1969; provided, however, that as of July 1,
17    1995, foster care payments shall be  made  only  to  licensed
18    foster  family  homes  pursuant  to the terms of Section 5 of
19    this Act.
20        (c)  In placing a child under this  Act,  the  Department
21    shall  ensure  that  the  child's  health,  safety,  and best
22    interests are met in making a family foster  care  placement.
23    The  Department  shall  consider  the individual needs of the
24    child and the capacity of the prospective foster or  adoptive
25    parents to meet the needs of the child.  The Department shall
26    make   special   efforts  for  the  diligent  recruitment  of
27    potential foster  and  adoptive  families  that  reflect  the
28    ethnic  and  racial diversity of the children for whom foster
29    and adoptive  homes  are  needed.   "Special  efforts"  shall
30    include  contacting  and working with community organizations
31    and religious organizations and may include contracting  with
32    those  organizations,  utilizing  local media and other local
33    resources, and conducting outreach activities.
34        (c-1)  At the time of  placement,  the  Department  shall
 
SB940 Engrossed             -4-                LRB9204070RCpr
 1    consider  concurrent  planning,  as  described  in subsection
 2    (l-1) of Section 5, so  that  permanency  may  occur  at  the
 3    earliest  opportunity.  Consideration should be given so that
 4    if reunification fails or is delayed, the placement  made  is
 5    the  best  available  placement to provide permanency for the
 6    child.
 7        (d)  The Department may accept gifts, grants,  offers  of
 8    services,  and  other  contributions to use in making special
 9    recruitment efforts.
10        (e)  The Department in placing children  in  adoptive  or
11    foster care homes may not, in any policy or practice relating
12    to  the  placement  of  children for adoption or foster care,
13    discriminate against any child  or  prospective  adoptive  or
14    foster parent on the basis of race.
15    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-428,  eff.
16    12-13-95;  89-462,  eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
17    eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)

18        Section 10.  The Child Care Act of  1969  is  amended  by
19    changing Section 4.2 as follows:

20        (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
21        Sec.  4.2.   (a)  No applicant may receive a license from
22    the Department and no person may be employed  by  a  licensed
23    child care facility who refuses to authorize an investigation
24    as required by Section 4.1.
25        (b)  No   applicant   may  receive  a  license  from  the
26    Department and no person may be  employed  by  a  child  care
27    facility  licensed  by the Department who has been declared a
28    sexually dangerous  person  under  "An  Act  in  relation  to
29    sexually   dangerous   persons,   and   providing  for  their
30    commitment, detention  and  supervision",  approved  July  6,
31    1938, as amended, or convicted of committing or attempting to
32    commit  any  of  the  following offenses stipulated under the
 
SB940 Engrossed             -5-                LRB9204070RCpr
 1    Criminal Code of 1961:
 2             (1)  murder;
 3             (1.1)  solicitation of murder;
 4             (1.2)  solicitation of murder for hire;
 5             (1.3)  intentional homicide of an unborn child;
 6             (1.4)  voluntary manslaughter of an unborn child;
 7             (1.5)  involuntary manslaughter;
 8             (1.6)  reckless homicide;
 9             (1.7)  concealment of a homicidal death;
10             (1.8)  involuntary manslaughter of an unborn child;
11             (1.9)  reckless homicide of an unborn child;
12             (1.10)  drug-induced homicide;
13             (2)  a sex offense under Article 11, except offenses
14        described in Sections 11-7, 11-8, 11-12, and 11-13;
15             (3)  kidnapping;
16             (3.1)  aggravated unlawful restraint;
17             (3.2)  forcible detention;
18             (3.3)  harboring a runaway;
19             (3.4)  aiding and abetting child abduction;
20             (4)  aggravated kidnapping;
21             (5)  child abduction;
22             (6)  aggravated battery of a child;
23             (7)  criminal sexual assault;
24             (8)  aggravated criminal sexual assault;
25             (8.1)  predatory criminal sexual assault of a child;
26             (9)  criminal sexual abuse;
27             (10)  aggravated sexual abuse;
28             (11)  heinous battery;
29             (12)  aggravated battery with a firearm;
30             (13)  tampering with food, drugs, or cosmetics;
31             (14)  drug induced infliction of great bodily harm;
32             (15)  hate crime;
33             (16)  stalking;
34             (17)  aggravated stalking;
 
SB940 Engrossed             -6-                LRB9204070RCpr
 1             (18)  threatening public officials;
 2             (19)  home invasion;
 3             (20)  vehicular invasion;
 4             (21)  criminal transmission of HIV;
 5             (22)  criminal abuse or neglect  of  an  elderly  or
 6        disabled person;
 7             (23)  child abandonment;
 8             (24)  endangering the life or health of a child;
 9             (25)  ritual mutilation;
10             (26)  ritualized abuse of a child;
11             (27)  an  offense in any other state the elements of
12        which are similar and bear a substantial relationship  to
13        any of the foregoing offenses.
14        (c)  In   addition   to   the  provisions  set  forth  in
15    subsection (b), no applicant may receive a license  from  the
16    Department  to  operate  a  foster  family home, and no adult
17    person may reside in a foster family  home  licensed  by  the
18    Department,   who   has   been  convicted  of  committing  or
19    attempting to commit any of the following offenses stipulated
20    under the Criminal Code of 1961, the  Cannabis  Control  Act,
21    and the Illinois Controlled Substances Act:

22              (I)  OFFENSES DIRECTED AGAINST THE PERSON

23        (A)  KIDNAPPING AND RELATED OFFENSES
24             (1)  Unlawful restraint.

25        (B)  BODILY HARM
26             (2)  Felony aggravated assault.
27             (3)  Vehicular endangerment.
28             (4)  Felony domestic battery.
29             (5)  Aggravated battery.
30             (6)  Heinous battery.
31             (7)  Aggravated battery with a firearm.
32             (8)  Aggravated battery of an unborn child.
33             (9)  Aggravated battery of a senior citizen.
 
SB940 Engrossed             -7-                LRB9204070RCpr
 1             (10)  Intimidation.
 2             (11)  Compelling organization membership of persons.
 3             (12)  Abuse  and  gross  neglect of a long term care
 4        facility resident.
 5             (13)  Felony violation of an order of protection.

 6              (II)  OFFENSES DIRECTED AGAINST PROPERTY

 7             (14)  Felony theft.
 8             (15)  Robbery.
 9             (16)  Armed robbery.
10             (17)  Aggravated robbery.
11             (18)  Vehicular hijacking.
12             (19)  Aggravated vehicular hijacking.
13             (20)  Burglary.
14             (21)  Possession of burglary tools.
15             (22)  Residential burglary.
16             (23)  Criminal  fortification  of  a  residence   or
17        building.
18             (24)  Arson.
19             (25)  Aggravated arson.
20             (26)  Possession    of    explosive   or   explosive
21        incendiary devices.

22    (III)  OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

23             (27)  Felony unlawful use of weapons.
24             (28)  Aggravated discharge of a firearm.
25             (29)  Reckless discharge of a firearm.
26             (30)  Unlawful use of metal piercing bullets.
27             (31)  Unlawful sale or delivery of firearms  on  the
28        premises of any school.
29             (32)  Disarming a police officer.
30             (33)  Obstructing justice.
31             (34)  Concealing or aiding a fugitive.
32             (35)  Armed violence.
 
SB940 Engrossed             -8-                LRB9204070RCpr
 1             (36)  Felony    contributing    to    the   criminal
 2        delinquency of a juvenile.

 3                         (IV)  DRUG OFFENSES

 4             (37)  Possession of more than 30 grams of cannabis.
 5             (38)  Manufacture of more than 10 grams of cannabis.
 6             (39)  Cannabis trafficking.
 7             (40)  Delivery of cannabis on school grounds.
 8             (41)  Unauthorized  production  of   more   than   5
 9        cannabis sativa plants.
10             (42)  Calculated criminal cannabis conspiracy.
11             (43)  Unauthorized   manufacture   or   delivery  of
12        controlled substances.
13             (44)  Controlled substance trafficking.
14             (45)  Manufacture, distribution, or advertisement of
15        look-alike substances.
16             (46)  Calculated criminal drug conspiracy.
17             (46.5)  Streetgang criminal drug conspiracy.
18             (47)  Permitting unlawful use of a building.
19             (48)  Delivery  of   controlled,   counterfeit,   or
20        look-alike  substances  to  persons  under  age 18, or at
21        truck stops, rest stops, or  safety  rest  areas,  or  on
22        school property.
23             (49)  Using, engaging, or employing persons under 18
24        to   deliver   controlled,   counterfeit,  or  look-alike
25        substances.
26             (50)  Delivery of controlled substances.
27             (51)  Sale or delivery of drug paraphernalia.
28             (52)  Felony  possession,  sale,  or   exchange   of
29        instruments  adapted for use of a controlled substance or
30        cannabis by subcutaneous injection.
31        (d) Notwithstanding subsection (c),  the  Department  may
32    issue  a  new  foster  family  home  license  or may renew an
33    existing foster family home license of an applicant  who  was
 
SB940 Engrossed             -9-                LRB9204070RCpr
 1    convicted of an offense described in subsection (c), provided
 2    all of the following requirements are met:
 3             (1)  The   relevant  criminal  offense  or  offenses
 4        occurred  more  than  10  years  prior  to  the  date  of
 5        application or renewal.
 6             (2)  The  applicant  had  previously  disclosed  the
 7        conviction or convictions to the Department for  purposes
 8        of a background check.
 9             (3)  After  the  disclosure,  the  Department either
10        placed a child in the home  or  the  foster  family  home
11        license was issued.
12             (4)  During the background check, the Department had
13        assessed and waived the conviction in compliance with the
14        existing  statutes and rules in effect at the time of the
15        waiver.
16             (5)  The applicant meets all other requirements  and
17        qualifications  to  be  licensed  as a foster family home
18        under this Act and the Department's administrative rules.
19             (6)  The applicant has  a  history  of  providing  a
20        safe,   stable  home  environment  and  appears  able  to
21        continue to provide a safe, stable home environment.
22    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 91-357,
23    eff. 7-29-99.)

24        Section 15.  The Criminal Code  of  1961  is  amended  by
25    changing Section 12-21 as follows:

26        (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
27        Sec.  12-21.  Criminal  abuse or neglect of an elderly or
28    disabled person.
29        (a)  A person commits the offense of  criminal  abuse  or
30    neglect  of an elderly or disabled person when he or she is a
31    caregiver and he or she knowingly:
32             (1)  performs acts that which cause the  elderly  or
 
SB940 Engrossed             -10-               LRB9204070RCpr
 1        disabled  person's  life  to  be endangered, health to be
 2        injured, or pre-existing physical or mental condition  to
 3        deteriorate; or
 4             (2)  fails  to  perform  acts  that  which he or she
 5        knows or reasonably should know are necessary to maintain
 6        or preserve the life or health of the elderly or disabled
 7        person and such failure causes the  elderly  or  disabled
 8        person's  life  to be endangered, health to be injured or
 9        pre-existing physical or mental condition to deteriorate;
10        or
11             (3)  abandons the elderly or disabled person; or.
12             (4)  physically abuses,  harasses,  intimidates,  or
13        interferes  with  the  personal liberty of the elderly or
14        disabled person or exposes the elderly or disabled person
15        to willful deprivation.
16        Criminal abuse or  neglect  of  an  elderly  or  disabled
17    person is a Class 3 felony.
18        (b)  For purposes of this Section:
19             (1)  "Elderly person" means a person 60 years of age
20        or  older  who  is  suffering from a disease or infirmity
21        associated with advanced age and manifested by  physical,
22        mental  or  emotional  dysfunctioning  to the extent that
23        such person is incapable of adequately providing for  his
24        own health and personal care.
25             (2)  "Disabled  person"  means  a person who suffers
26        from a permanent physical or mental impairment, resulting
27        from disease, injury, functional disorder  or  congenital
28        condition   which   renders   such  person  incapable  of
29        adequately providing for  his  own  health  and  personal
30        care.
31             (3)  "Caregiver"  means  a  person who has a duty to
32        provide for an elderly or disabled  person's  health  and
33        personal  care,  at  such  person's  place  of residence,
34        including  but  not  limited  to,  food  and   nutrition,
 
SB940 Engrossed             -11-               LRB9204070RCpr
 1        shelter,  hygiene, prescribed medication and medical care
 2        and treatment.
 3             "Caregiver" shall include:
 4                  (A)  a parent, spouse,  adult  child  or  other
 5             relative  by  blood  or marriage who resides with or
 6             resides in the  same  building  with  and  regularly
 7             visits  the  elderly  or  disabled  person, knows or
 8             reasonably should know of such person's physical  or
 9             mental  impairment  and  knows  or reasonably should
10             know  that  such  person  is  unable  to  adequately
11             provide for his own health and personal care;
12                  (B)  a person who is employed by the elderly or
13             disabled person or by  another  to  reside  with  or
14             regularly  visit  the elderly or disabled person and
15             provide for such person's health and personal care;
16                  (C)  a person who has agreed for  consideration
17             to  reside  with  or  regularly visit the elderly or
18             disabled person and provide for such person's health
19             and personal care; and
20                  (D)  a person  who  has  been  appointed  by  a
21             private  or public agency or by a court of competent
22             jurisdiction to provide for the elderly or  disabled
23             person's health and personal care.
24             "Caregiver"  shall  not  include  a  long-term  care
25        facility  licensed  or  certified  under the Nursing Home
26        Care  Act  or  any  administrative,  medical   or   other
27        personnel  of  such a facility, or a health care provider
28        who is licensed under the Medical Practice  Act  of  1987
29        and   renders   care   in  the  ordinary  course  of  his
30        profession.
31             (4)  "Abandon" means to desert or knowingly  forsake
32        an  elderly  or  disabled  person  under circumstances in
33        which a reasonable person would continue to provide  care
34        and custody.
 
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 1             (5)  "Willful  deprivation" has the meaning ascribed
 2        to it in paragraph (15) of Section 103  of  the  Illinois
 3        Domestic Violence Act of 1986.
 4        (c)  Nothing  in this Section shall be construed to limit
 5    the remedies available  to  the  victim  under  the  Illinois
 6    Domestic Violence Act.
 7        (d)  Nothing in this Section shall be construed to impose
 8    criminal  liability  on  a  person  who has made a good faith
 9    effort to provide for the health  and  personal  care  of  an
10    elderly  or  disabled person, but through no fault of his own
11    has been unable to provide such care.
12        (e)  Nothing  in  this  Section  shall  be  construed  as
13    prohibiting a person from providing  treatment  by  spiritual
14    means  through  prayer alone and care consistent therewith in
15    lieu of medical care and treatment  in  accordance  with  the
16    tenets  and practices of any church or religious denomination
17    of which the elderly or disabled person is a member.
18        (f)  It is shall not be a defense to  criminal  abuse  or
19    neglect  of  an  elderly  or disabled person that the accused
20    reasonably believed that the victim was  not  an  elderly  or
21    disabled person.
22    (Source: P.A. 90-14, eff. 7-1-97.)

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