Public Act 93-0356

SB1035 Enrolled                      LRB093 10792 RLC 11217 b

    AN ACT in relation to child abuse.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Abused and Neglected Child Reporting Act
is amended by changing Section 4 as follows:

    (325 ILCS 5/4) (from Ch. 23, par. 2054)
    Sec.   4.  Persons   required   to   report;   privileged
communications; transmitting false  report.   Any  physician,
resident,   intern,   hospital,  hospital  administrator  and
personnel engaged  in  examination,  care  and  treatment  of
persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
chiropractor,   podiatrist,  physician  assistant,  substance
abuse treatment personnel,  Christian  Science  practitioner,
funeral home director or employee, coroner, medical examiner,
emergency  medical  technician, acupuncturist, crisis line or
hotline personnel,  school  personnel,  educational  advocate
assigned  to  a  child  pursuant  to  the School Code, truant
officers,  social  worker,  social  services   administrator,
domestic   violence   program  personnel,  registered  nurse,
licensed  practical  nurse,  respiratory  care  practitioner,
advanced practice nurse, home health aide, director or  staff
assistant  of  a  nursery  school or a child day care center,
recreational program or facility personnel,  law  enforcement
officer,   registered  psychologist  and  assistants  working
under the direct supervision of a psychologist, psychiatrist,
or  field personnel of the Illinois Department of Public Aid,
Public Health, Human Services (acting  as  successor  to  the
Department  of  Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid),  Corrections,  Human
Rights,  or  Children  and  Family  Services,  supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer,  or  any  other  foster  parent,
homemaker  or  child  care  worker having reasonable cause to
believe a child  known  to  them  in  their  professional  or
official capacity may be an abused child or a neglected child
shall  immediately report or cause a report to be made to the
Department.
    Any member of  the  clergy  having  reasonable  cause  to
believe  that  a  child known to that member of the clergy in
his or her professional capacity may be an  abused  child  as
defined  in  item  (c) of the definition of "abused child" in
Section 3 of this Act shall immediately  report  or  cause  a
report to be made to the Department.
    Whenever such person is required to report under this Act
in  his  capacity  as  a  member of the staff of a medical or
other public or  private  institution,  school,  facility  or
agency,  or  as  a member of the clergy, he shall make report
immediately  to  the  Department  in  accordance   with   the
provisions  of  this  Act  and  may also notify the person in
charge of such institution, school, facility  or  agency,  or
church,   synagogue,   temple,  mosque,  or  other  religious
institution, or his designated agent  that  such  report  has
been made.  Under no circumstances shall any person in charge
of  such  institution, school, facility or agency, or church,
synagogue, temple, mosque, or other religious institution, or
his designated agent to whom such notification has been made,
exercise any control, restraint, modification or other change
in the report  or  the  forwarding  of  such  report  to  the
Department.
    The  privileged  quality  of  communication  between  any
professional  person  required  to  report and his patient or
client shall not apply  to  situations  involving  abused  or
neglected  children  and  shall  not  constitute  grounds for
failure to report as required by this Act.
    A member of the clergy  may  claim  the  privilege  under
Section 8-803 of the Code of Civil Procedure.
    In  addition  to  the  above  persons  required to report
suspected cases of abused or neglected  children,  any  other
person  may make a report if such person has reasonable cause
to believe a child may be an  abused  child  or  a  neglected
child.
    Any  person  who enters into employment on and after July
1, 1986 and is mandated  by  virtue  of  that  employment  to
report  under  this  Act,  shall  sign  a statement on a form
prescribed by the Department, to the effect that the employee
has knowledge and understanding of the reporting requirements
of  this  Act.   The  statement  shall  be  signed  prior  to
commencement of the employment.  The signed  statement  shall
be   retained   by  the  employer.   The  cost  of  printing,
distribution, and filing of the statement shall be  borne  by
the employer.
    The  Department  shall  provide  copies of this Act, upon
request, to all employers  employing  persons  who  shall  be
required under the provisions of this Section to report under
this Act.
    Any  person who knowingly transmits a false report to the
Department commits the offense of  disorderly  conduct  under
subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
1961". Any person who violates this  provision  a  second  or
subsequent time shall be guilty of a Class 4 felony.
    Any  person  who  knowingly  and  willfully  violates any
provision of this Section other than a second  or  subsequent
violation  of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation  and  a  Class  4  felony  for  a  second  or
subsequent violation.
    A child whose parent, guardian or custodian in good faith
selects  and  depends  upon  spiritual  means  through prayer
alone for the treatment or cure of disease or  remedial  care
may  be  considered neglected or abused, but not for the sole
reason that his parent, guardian  or  custodian  accepts  and
practices such beliefs.
    A  child  shall  not  be  considered  neglected or abused
solely  because  the  child  is  not  attending   school   in
accordance  with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 91-259,  eff.  1-1-00;  91-516,  eff.  8-13-99;
92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

    Section  10.  The  Criminal  Code  of  1961 is amended by
changing Section 3-6 as follows:

    (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
    Sec. 3-6.  Extended limitations. The period within  which
a  prosecution  must  be  commenced  under  the provisions of
Section 3-5 or other applicable statute is extended under the
following conditions:
    (a)  A prosecution for theft  involving  a  breach  of  a
fiduciary obligation to the aggrieved person may be commenced
as follows:
         (1)  If  the aggrieved person is a minor or a person
    under legal disability, then during the minority or legal
    disability or  within  one  year  after  the  termination
    thereof.
         (2)  In  any  other  instance, within one year after
    the discovery of the offense by an aggrieved  person,  or
    by  a  person  who  has  legal  capacity  to represent an
    aggrieved person or  has  a  legal  duty  to  report  the
    offense,  and  is  not  himself or herself a party to the
    offense; or in the absence of such discovery, within  one
    year  after  the proper prosecuting officer becomes aware
    of the offense. However, in no such case is the period of
    limitation so extended  more  than  3  years  beyond  the
    expiration of the period otherwise applicable.
    (b)  A  prosecution for any offense based upon misconduct
in office by a public officer or employee  may  be  commenced
within  one  year  after discovery of the offense by a person
having a legal duty to report such offense, or in the absence
of  such  discovery,  within  one  year  after   the   proper
prosecuting officer becomes aware of the offense. However, in
no  such  case  is  the period of limitation so extended more
than 3 years beyond the expiration of  the  period  otherwise
applicable.
    (c)  Except  as  otherwise  provided in subsection (a) of
Section 3-5 of this Code and subdivision (i) or (j)  of  this
Section,  a  prosecution  for  any  offense  involving sexual
conduct or sexual penetration, as defined in Section 12-12 of
this Code, where the victim and defendant are family members,
as defined in Section 12-12 of this Code,  may  be  commenced
within one year of the victim attaining the age of 18 years.
    (d)  A   prosecution   for  child  pornography,  indecent
solicitation  of  a  child,   soliciting   for   a   juvenile
prostitute,  juvenile  pimping or exploitation of a child may
be commenced within one year of the victim attaining the  age
of  18  years. However, in no such case shall the time period
for  prosecution  expire  sooner  than  3  years  after   the
commission of the offense.  When the victim is under 18 years
of  age,  a  prosecution  for  criminal  sexual  abuse may be
commenced within one year of the victim attaining the age  of
18 years.  However, in no such case shall the time period for
prosecution  expire  sooner than 3 years after the commission
of the offense.
    (e)  Except as otherwise provided in subdivision  (j),  a
prosecution  for  any  offense  involving  sexual  conduct or
sexual penetration, as defined in Section 12-12 of this Code,
where the defendant was within a  professional  or  fiduciary
relationship   or   a  purported  professional  or  fiduciary
relationship with the victim at the time of the commission of
the offense may  be  commenced  within  one  year  after  the
discovery of the offense by the victim.
    (f)  A  prosecution  for any offense set forth in Section
44 of the "Environmental Protection Act", approved  June  29,
1970,  as  amended, may be commenced within 5 years after the
discovery of such an offense by a person or agency having the
legal duty to report the offense or in the  absence  of  such
discovery,  within  5  years  after  the  proper  prosecuting
officer becomes aware of the offense.
    (g)  (Blank).
    (h)  (Blank).
    (i)  Except  as  otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated  criminal
sexual  assault,  or  aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the  victim  reported  the   offense   to   law   enforcement
authorities  within  2  years  after  the  commission  of the
offense.
    Nothing in this subdivision (i)  shall  be  construed  to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (j)  When the victim is under 18 years of age at the time
of  the  offense,  a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse or  a
prosecution for failure of a person who is required to report
an  alleged  or suspected commission of any of these offenses
under the Abused and Neglected Child  Reporting  Act  may  be
commenced  within  20  years  10 years after the child victim
attains 18 years of age.
    Nothing in this subdivision (j)  shall  be  construed  to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(Source:  P.A.  91-475,  eff.  1-1-00;  91-801, eff. 6-13-00;
92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

    Section 15.  The Code of Civil Procedure  is  amended  by
changing Section 13-202.2 as follows:

    (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
    Sec. 13-202.2. Childhood sexual abuse.
    (a)  In this Section:
    "Childhood  sexual  abuse"  means  an act of sexual abuse
that occurs when the person abused is under 18 years of age.
    "Sexual abuse" includes but  is  not  limited  to  sexual
conduct and sexual penetration as defined in Section 12-12 of
the Criminal Code of 1961.
    (b)  Notwithstanding  any  other  provision  of  law,  an
action  for  damages  for  personal injury based on childhood
sexual abuse must be commenced within 10 years  of  the  date
the  limitation  period begins to run under subsection (d) or
within 5 2 years of the date the person abused  discovers  or
through  the use of reasonable diligence should discover both
(i) that the act of childhood sexual abuse occurred and  (ii)
that the injury was caused by the childhood sexual abuse. The
fact  that  the person abused discovers or through the use of
reasonable  diligence  should  discover  that  the   act   of
childhood sexual abuse occurred is not, by itself, sufficient
to  start  the  discovery  period  under this subsection (b).
Knowledge of the abuse does not constitute discovery  of  the
injury    or    the    causal    relationship   between   any
later-discovered injury and the abuse.
    (c)  If the injury  is  caused  by  2  or  more  acts  of
childhood  sexual  abuse that are part of a continuing series
of acts of childhood sexual abuse by the  same  abuser,  then
the  discovery  period under subsection (b) shall be computed
from the date the person abused discovers or through the  use
of  reasonable  diligence  should  discover both (i) that the
last act of childhood sexual abuse in the  continuing  series
occurred  and  (ii)  that the injury was caused by any act of
childhood sexual abuse in the  continuing  series.  The  fact
that  the  person  abused  discovers  or  through  the use of
reasonable diligence should discover that  the  last  act  of
childhood  sexual  abuse in the continuing series occurred is
not, by itself, sufficient  to  start  the  discovery  period
under  subsection  (b).  Knowledge  of  the  abuse  does  not
constitute discovery of the injury or the causal relationship
between any later-discovered injury and the abuse.
    (d)  The  limitation  periods under subsection (b) do not
begin to run before the person abused attains the age  of  18
years;  and, if at the time the person abused attains the age
of 18 years he or she is under other  legal  disability,  the
limitation  periods  under subsection (b) do not begin to run
until the removal of the disability.
    (d-1)  The limitation periods in subsection  (b)  do  not
run during a time period when the person abused is subject to
threats,  intimidation, manipulation, or fraud perpetrated by
the abuser or by any person acting in  the  interest  of  the
abuser.
    (e)  This  Section  applies  to  actions  pending  on the
effective date of this amendatory Act of 1990 as well  as  to
actions  commenced on or after that date. The changes made by
this amendatory Act of  1993  shall  apply  only  to  actions
commenced  on  or after the effective date of this amendatory
Act of 1993. The changes made by this amendatory Act  of  the
93rd  General  Assembly  apply  to  actions  pending  on  the
effective  date  of  this  amendatory Act of the 93rd General
Assembly as well as actions commenced on or after that date.
(Source: P.A. 88-127.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.