093_SB0110sam001

 










                                     LRB093 06831 AMC 11868 a

 1                    AMENDMENT TO SENATE BILL 110

 2        AMENDMENT NO.     .  Amend Senate Bill 110  by  replacing
 3    everything after the enacting clause with the following:

 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
 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,
12    no applicant may receive a license from the Department and no
13    person may be employed by a child care facility  licensed  by
14    the  Department  who  has  been declared a sexually dangerous
15    person under  "An  Act  in  relation  to  sexually  dangerous
16    persons,  and  providing  for their commitment, detention and
17    supervision", approved July 6, 1938, as amended, or convicted
18    of committing or attempting to commit any  of  the  following
19    offenses stipulated under the Criminal Code of 1961:
20             (1)  murder;
21             (1.1)  solicitation of murder;
22             (1.2)  solicitation of murder for hire;
 
                            -2-      LRB093 06831 AMC 11868 a
 1             (1.3)  intentional homicide of an unborn child;
 2             (1.4)  voluntary manslaughter of an unborn child;
 3             (1.5)  involuntary manslaughter;
 4             (1.6)  reckless homicide;
 5             (1.7)  concealment of a homicidal death;
 6             (1.8)  involuntary manslaughter of an unborn child;
 7             (1.9)  reckless homicide of an unborn child;
 8             (1.10)  drug-induced homicide;
 9             (2)  a sex offense under Article 11, except offenses
10        described in Sections 11-7, 11-8, 11-12, and 11-13;
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;
19             (7)  criminal sexual assault;
20             (8)  aggravated criminal sexual assault;
21             (8.1)  predatory criminal sexual assault of a child;
22             (9)  criminal sexual abuse;
23             (10)  aggravated sexual abuse;
24             (11)  heinous battery;
25             (12)  aggravated battery with a firearm;
26             (13)  tampering with food, drugs, or cosmetics;
27             (14)  drug induced infliction of great bodily harm;
28             (15)  hate crime;
29             (16)  stalking;
30             (17)  aggravated stalking;
31             (18)  threatening public officials;
32             (19)  home invasion;
33             (20)  vehicular invasion;
34             (21)  criminal transmission of HIV;
 
                            -3-      LRB093 06831 AMC 11868 a
 1             (22)  criminal  abuse  or  neglect  of an elderly or
 2        disabled person;
 3             (23)  child abandonment;
 4             (24)  endangering the life or health of a child;
 5             (25)  ritual mutilation;
 6             (26)  ritualized abuse of a child;
 7             (27)  an offense in any other jurisdiction state the
 8        elements of which are  similar  and  bear  a  substantial
 9        relationship to any of the foregoing offenses.
10        (b-1)  In  addition  to  the  other  provisions  of  this
11    Section,  beginning January 1, 2004, no new applicant and, on
12    the date  of  licensure  renewal,  no  current  licensee  may
13    operate  or receive a license from the Department to operate,
14    no person may be employed by, and no adult person may  reside
15    in  a  child care facility licensed by the Department who has
16    been convicted of committing or attempting to commit  any  of
17    the   following   offenses   or   an  offense  in  any  other
18    jurisdiction the elements of which are  similar  and  bear  a
19    substantial relationship to any of the following offenses:

20                           (I) BODILY HARM

21             (1)  Felony aggravated assault.
22             (2)  Vehicular endangerment.
23             (3)  Felony domestic battery.
24             (4)  Aggravated battery.
25             (5)  Heinous battery.
26             (6)  Aggravated battery with a firearm.
27             (7)  Aggravated battery of an unborn child.
28             (8)  Aggravated battery of a senior citizen.
29             (9)  Intimidation.
30             (10)  Compelling organization membership of persons.
31             (11)  Abuse  and  gross  neglect of a long term care
32        facility resident.
33             (12)  Felony violation of an order of protection.
 
                            -4-      LRB093 06831 AMC 11868 a
 1     (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 2             (1)  Felony unlawful use of weapons.
 3             (2)  Aggravated discharge of a firearm.
 4             (3)  Reckless discharge of a firearm.
 5             (4)  Unlawful use of metal piercing bullets.
 6             (5)  Unlawful sale or delivery of  firearms  on  the
 7        premises of any school.
 8             (6)  Disarming a police officer.
 9             (7)  Obstructing justice.
10             (8)  Concealing or aiding a fugitive.
11             (9)  Armed violence.
12             (10)  Felony    contributing    to    the   criminal
13        delinquency of a juvenile.

14                         (III) DRUG OFFENSES

15             (1)  Possession of more than 30 grams of cannabis.
16             (2)  Manufacture of more than 10 grams of cannabis.
17             (3)  Cannabis trafficking.
18             (4)  Delivery of cannabis on school grounds.
19             (5)  Unauthorized production of more than 5 cannabis
20        sativa plants.
21             (6)  Calculated criminal cannabis conspiracy.
22             (7)  Unauthorized   manufacture   or   delivery   of
23        controlled substances.
24             (8)  Controlled substance trafficking.
25             (9)  Manufacture, distribution, or advertisement  of
26        look-alike substances.
27             (10)  Calculated criminal drug conspiracy.
28             (11)  Street gang criminal drug conspiracy.
29             (12)  Permitting unlawful use of a building.
30             (13)  Delivery   of   controlled,   counterfeit,  or
31        look-alike substances to persons  under  age  18,  or  at
32        truck  stops,  rest  stops,  or  safety rest areas, or on
33        school property.
 
                            -5-      LRB093 06831 AMC 11868 a
 1             (14)  Using, engaging, or employing persons under 18
 2        to  deliver  controlled,   counterfeit,   or   look-alike
 3        substances.
 4             (15)  Delivery of controlled substances.
 5             (16)  Sale or delivery of drug paraphernalia.
 6             (17)  Felony   possession,   sale,  or  exchange  of
 7        instruments adapted for use of a controlled substance  or
 8        cannabis by subcutaneous injection.
 9             (18)  Felony possession of a controlled substance.
10        (b-2)  For child care facilities other than foster family
11    homes,  the  Department  may  issue a new child care facility
12    license to or renew the existing child care facility  license
13    of  an applicant, a person employed by a child care facility,
14    or an applicant who has an adult residing  in  a  home  child
15    care  facility  who  was convicted of an offense described in
16    subsection  (b-1),  provided  that  all  of   the   following
17    requirements are met:
18             (1)  The  relevant  criminal  offense  occurred more
19        than 5 years prior to the date of application or renewal,
20        except for drug offenses. The relevant drug offense  must
21        have  occurred  more  than  10 years prior to the date of
22        application or renewal, unless  the  applicant  passed  a
23        drug  test,  arranged  and  paid  for  by  the child care
24        facility, no less than 5 years after the offense.
25             (2)  The Department must conduct a background  check
26        and  assess  all  convictions  and recommendations of the
27        child care facility to determine if waiver shall apply in
28        accordance  with  Department  administrative  rules   and
29        procedures.
30             (3)  The  applicant meets all other requirements and
31        qualifications to be licensed as the  pertinent  type  of
32        child  care  facility under this Act and the Department's
33        administrative rules.
34        (c)  In addition to the other provisions of this  Section
 
                            -6-      LRB093 06831 AMC 11868 a
 1    set  forth  in  subsection  (b),  no  applicant may receive a
 2    license from the Department to operate a foster family  home,
 3    and  no  adult  person  may  reside  in  a foster family home
 4    licensed  by  the  Department,  who  has  been  convicted  of
 5    committing or attempting  to  commit  any  of  the  following
 6    offenses  stipulated  under  the  Criminal  Code of 1961, the
 7    Cannabis Control Act, and the Illinois Controlled  Substances
 8    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  gross  neglect of a long term care
24        facility resident.
25             (13)  Felony violation of an order of protection.

26              (II)  OFFENSES DIRECTED AGAINST PROPERTY

27             (14)  Felony theft.
28             (15)  Robbery.
29             (16)  Armed robbery.
30             (17)  Aggravated robbery.
31             (18)  Vehicular hijacking.
32             (19)  Aggravated vehicular hijacking.
 
                            -7-      LRB093 06831 AMC 11868 a
 1             (20)  Burglary.
 2             (21)  Possession of burglary tools.
 3             (22)  Residential burglary.
 4             (23)  Criminal  fortification  of  a  residence   or
 5        building.
 6             (24)  Arson.
 7             (25)  Aggravated arson.
 8             (26)  Possession    of    explosive   or   explosive
 9        incendiary devices.

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

11             (27)  Felony unlawful use of weapons.
12             (28)  Aggravated discharge of a firearm.
13             (29)  Reckless discharge of a firearm.
14             (30)  Unlawful use of metal piercing bullets.
15             (31)  Unlawful sale or delivery of firearms  on  the
16        premises of any school.
17             (32)  Disarming a police officer.
18             (33)  Obstructing justice.
19             (34)  Concealing or aiding a fugitive.
20             (35)  Armed violence.
21             (36)  Felony    contributing    to    the   criminal
22        delinquency of a juvenile.

23                         (IV)  DRUG OFFENSES

24             (37)  Possession of more than 30 grams of cannabis.
25             (38)  Manufacture of more than 10 grams of cannabis.
26             (39)  Cannabis trafficking.
27             (40)  Delivery of cannabis on school grounds.
28             (41)  Unauthorized  production  of   more   than   5
29        cannabis sativa plants.
30             (42)  Calculated criminal cannabis conspiracy.
31             (43)  Unauthorized   manufacture   or   delivery  of
32        controlled substances.
 
                            -8-      LRB093 06831 AMC 11868 a
 1             (44)  Controlled substance trafficking.
 2             (45)  Manufacture, distribution, or advertisement of
 3        look-alike substances.
 4             (46)  Calculated criminal drug conspiracy.
 5             (46.5)  Streetgang criminal drug conspiracy.
 6             (47)  Permitting unlawful use of a building.
 7             (48)  Delivery  of   controlled,   counterfeit,   or
 8        look-alike  substances  to  persons  under  age 18, or at
 9        truck stops, rest stops, or  safety  rest  areas,  or  on
10        school property.
11             (49)  Using, engaging, or employing persons under 18
12        to   deliver   controlled,   counterfeit,  or  look-alike
13        substances.
14             (50)  Delivery of controlled substances.
15             (51)  Sale or delivery of drug paraphernalia.
16             (52)  Felony  possession,  sale,  or   exchange   of
17        instruments  adapted for use of a controlled substance or
18        cannabis by subcutaneous injection.
19        (d)  Notwithstanding subsection (c), the  Department  may
20    issue  a  new  foster  family  home  license  or may renew an
21    existing foster family home license of an applicant  who  was
22    convicted of an offense described in subsection (c), provided
23    all of the following requirements are met:
24             (1)  The   relevant  criminal  offense  or  offenses
25        occurred  more  than  10  years  prior  to  the  date  of
26        application or renewal.
27             (2)  The  applicant  had  previously  disclosed  the
28        conviction or convictions to the Department for  purposes
29        of a background check.
30             (3)  After  the  disclosure,  the  Department either
31        placed a child in the home  or  the  foster  family  home
32        license was issued.
33             (4)  During the background check, the Department had
34        assessed and waived the conviction in compliance with the
 
                            -9-      LRB093 06831 AMC 11868 a
 1        existing  statutes and rules in effect at the time of the
 2        waiver.
 3             (5)  The applicant meets all other requirements  and
 4        qualifications  to  be  licensed  as a foster family home
 5        under this Act and the Department's administrative rules.
 6             (6)  The applicant has  a  history  of  providing  a
 7        safe,   stable  home  environment  and  appears  able  to
 8        continue to provide a safe, stable home environment.
 9    (Source: P.A. 91-357, eff. 7-29-99; 92-328, eff. 1-1-02.)

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