Judiciary II - Criminal Law Committee

Filed: 2/16/2006

 

 


 

 


 
09400HB5219ham001 LRB094 19234 DRJ 55912 a

1
AMENDMENT TO HOUSE BILL 5219

2     AMENDMENT NO. ______. Amend House Bill 5219 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Abused and Neglected Child Reporting Act is
5 amended by changing Sections 7 and 7.3 as follows:
 
6     (325 ILCS 5/7)  (from Ch. 23, par. 2057)
7     Sec. 7. Time and manner of making reports. All reports of
8 suspected child abuse or neglect made under this Act shall be
9 made immediately by telephone to the central register
10 established under Section 7.7 on the single, State-wide,
11 toll-free telephone number established in Section 7.6, or in
12 person or by telephone through the nearest Department office.
13 The Department shall, in cooperation with school officials,
14 distribute appropriate materials in school buildings listing
15 the toll-free telephone number established in Section 7.6,
16 including methods of making a report under this Act. The
17 Department may, in cooperation with appropriate members of the
18 clergy, distribute appropriate materials in churches,
19 synagogues, temples, mosques, or other religious buildings
20 listing the toll-free telephone number established in Section
21 7.6, including methods of making a report under this Act.
22     Wherever the Statewide number is posted, there shall also
23 be posted the following notice:
24     "Any person who knowingly transmits a false report to the

 

 

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1 Department commits the offense of disorderly conduct under
2 subsection (a)(7) of Section 26-1 of the Criminal Code of 1961.
3 A first violation of this subsection is a Class A misdemeanor,
4 punishable by a term of imprisonment for up to one year, or by
5 a fine not to exceed $1,000, or by both such term and fine. A
6 second or subsequent violation is a Class 4 felony."
7     The report required by this Act shall include, if known,
8 the name and address of the child and his parents or other
9 persons having his custody; the child's age; the nature of the
10 child's condition including any evidence of previous injuries
11 or disabilities; and any other information that the person
12 filing the report believes might be helpful in establishing the
13 cause of such abuse or neglect and the identity of the person
14 believed to have caused such abuse or neglect. Reports made to
15 the central register through the State-wide, toll-free
16 telephone number shall be immediately transmitted by the
17 Department to the appropriate Child Protective Service Unit and
18 to the appropriate local law enforcement agency. The Department
19 shall within 24 hours orally notify local law enforcement
20 personnel and the office of the State's Attorney of the
21 involved county of the receipt of any report alleging the death
22 of a child, serious injury to a child including, but not
23 limited to, brain damage, skull fractures, subdural hematomas,
24 and, internal injuries, torture of a child, malnutrition of a
25 child, and sexual abuse to a child, including, but not limited
26 to, sexual intercourse, sexual exploitation, sexual
27 molestation, and sexually transmitted disease in a child age
28 twelve and under. All oral reports made by the Department to
29 local law enforcement personnel and the office of the State's
30 Attorney of the involved county shall be confirmed in writing
31 within 24 48 hours of the oral report. All reports by persons
32 mandated to report under this Act shall be confirmed in writing
33 to the appropriate Child Protective Service Unit, which may be
34 on forms supplied by the Department, within 48 hours of any

 

 

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1 initial report.
2     Written confirmation reports from persons not required to
3 report by this Act may be made to the appropriate Child
4 Protective Service Unit. Written reports from persons required
5 by this Act to report shall be admissible in evidence in any
6 judicial proceeding relating to child abuse or neglect. Reports
7 involving known or suspected child abuse or neglect in public
8 or private residential agencies or institutions shall be made
9 and received in the same manner as all other reports made under
10 this Act.
11 (Source: P.A. 92-801, eff. 8-16-02.)
 
12     (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
13     Sec. 7.3.
14     (a) The Department shall be the sole agency responsible for
15 receiving and investigating reports of child abuse or neglect
16 made under this Act, except where investigations by other
17 agencies may be required with respect to reports alleging the
18 death of a child, serious injury to a child or sexual abuse to
19 a child made pursuant to Sections 4.1 or 7 of this Act, and
20 except that the Department may delegate the performance of the
21 investigation to the Department of State Police, a law
22 enforcement agency and to those private social service agencies
23 which have been designated for this purpose by the Department
24 prior to July 1, 1980.
25     (b) Notwithstanding any other provision of this Act, the
26 Department may adopt rules expressly allowing law enforcement
27 personnel to investigate reports of suspected child abuse or
28 neglect concurrently with the Department, without regard to
29 whether the Department determines a report to be "indicated" or
30 "unfounded" or deems a report to be "undetermined".
31 (Source: P.A. 85-1440.)
 
32     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.".