SB0110 93rd General Assembly

093_SB0110

 
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 1        AN ACT concerning child care facilities.

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

 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)  Until  January  1,  2004, no applicant may receive a
12    license from the Department and no person may be employed  by
13    a child care facility licensed by the Department who has been
14    declared  a  sexually  dangerous  person  under  the Sexually
15    Dangerous  Persons  Act  "An  Act  in  relation  to  sexually
16    dangerous  persons,  and  providing  for  their   commitment,
17    detention   and  supervision",  approved  July  6,  1938,  as
18    amended, or convicted of committing or attempting  to  commit
19    any  of  the following offenses stipulated under the Criminal
20    Code of 1961:
21             (1)  murder;
22             (1.1)  solicitation of murder;
23             (1.2)  solicitation of murder for hire;
24             (1.3)  intentional homicide of an unborn child;
25             (1.4)  voluntary manslaughter of an unborn child;
26             (1.5)  involuntary manslaughter;
27             (1.6)  reckless homicide;
28             (1.7)  concealment of a homicidal death;
29             (1.8)  involuntary manslaughter of an unborn child;
30             (1.9)  reckless homicide of an unborn child;
31             (1.10)  drug-induced homicide;
 
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 1             (2)  a sex offense under Article 11, except offenses
 2        described in Sections 11-7, 11-8, 11-12, and 11-13;
 3             (3)  kidnapping;
 4             (3.1)  aggravated unlawful restraint;
 5             (3.2)  forcible detention;
 6             (3.3)  harboring a runaway;
 7             (3.4)  aiding and abetting child abduction;
 8             (4)  aggravated kidnapping;
 9             (5)  child abduction;
10             (6)  aggravated battery of a child;
11             (7)  criminal sexual assault;
12             (8)  aggravated criminal sexual assault;
13             (8.1)  predatory criminal sexual assault of a child;
14             (9)  criminal sexual abuse;
15             (10)  aggravated sexual abuse;
16             (11)  heinous battery;
17             (12)  aggravated battery with a firearm;
18             (13)  tampering with food, drugs, or cosmetics;
19             (14)  drug induced infliction of great bodily harm;
20             (15)  hate crime;
21             (16)  stalking;
22             (17)  aggravated stalking;
23             (18)  threatening public officials;
24             (19)  home invasion;
25             (20)  vehicular invasion;
26             (21)  criminal transmission of HIV;
27             (22)  criminal abuse or neglect  of  an  elderly  or
28        disabled person;
29             (23)  child abandonment;
30             (24)  endangering the life or health of a child;
31             (25)  ritual mutilation;
32             (26)  ritualized abuse of a child;
33             (27)  an  offense in any other state the elements of
34        which are similar and bear a substantial relationship  to
 
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 1        any of the foregoing offenses.
 2        (c)  Until January 1, 2004, in addition to the provisions
 3    set  forth  in  subsection  (b),  no  applicant may receive a
 4    license from the Department to operate a foster family  home,
 5    and  no  adult  person  may  reside  in  a foster family home
 6    licensed  by  the  Department,  who  has  been  convicted  of
 7    committing or attempting  to  commit  any  of  the  following
 8    offenses  stipulated  under  the  Criminal  Code of 1961, the
 9    Cannabis Control Act, and the Illinois Controlled  Substances
10    Act:

11              (I)  OFFENSES DIRECTED AGAINST THE PERSON

12        (A)  KIDNAPPING AND RELATED OFFENSES
13             (1)  Unlawful restraint.

14        (B)  BODILY HARM
15             (2)  Felony aggravated assault.
16             (3)  Vehicular endangerment.
17             (4)  Felony domestic battery.
18             (5)  Aggravated battery.
19             (6)  Heinous battery.
20             (7)  Aggravated battery with a firearm.
21             (8)  Aggravated battery of an unborn child.
22             (9)  Aggravated battery of a senior citizen.
23             (10)  Intimidation.
24             (11)  Compelling organization membership of persons.
25             (12)  Abuse  and  gross  neglect of a long term care
26        facility resident.
27             (13)  Felony violation of an order of protection.

28              (II)  OFFENSES DIRECTED AGAINST PROPERTY

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

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

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

25                         (IV)  DRUG OFFENSES

26             (37)  Possession of more than 30 grams of cannabis.
27             (38)  Manufacture of more than 10 grams of cannabis.
28             (39)  Cannabis trafficking.
29             (40)  Delivery of cannabis on school grounds.
30             (41)  Unauthorized  production  of   more   than   5
31        cannabis sativa plants.
32             (42)  Calculated criminal cannabis conspiracy.
 
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 1             (43)  Unauthorized   manufacture   or   delivery  of
 2        controlled substances.
 3             (44)  Controlled substance trafficking.
 4             (45)  Manufacture, distribution, or advertisement of
 5        look-alike substances.
 6             (46)  Calculated criminal drug conspiracy.
 7             (46.5)  Streetgang criminal drug conspiracy.
 8             (47)  Permitting unlawful use of a building.
 9             (48)  Delivery  of   controlled,   counterfeit,   or
10        look-alike  substances  to  persons  under  age 18, or at
11        truck stops, rest stops, or  safety  rest  areas,  or  on
12        school property.
13             (49)  Using, engaging, or employing persons under 18
14        to   deliver   controlled,   counterfeit,  or  look-alike
15        substances.
16             (50)  Delivery of controlled substances.
17             (51)  Sale or delivery of drug paraphernalia.
18             (52)  Felony  possession,  sale,  or   exchange   of
19        instruments  adapted for use of a controlled substance or
20        cannabis by subcutaneous injection.
21        (c-5)  Beginning January 1, 2004, no person  may  operate
22    or  receive  a  license  from  the  Department to operate, no
23    person may be employed by, and no adult person may reside  in
24    a child care facility licensed by the Department who has been
25    declared  a  sexually  dangerous  person  under  the Sexually
26    Dangerous Persons Act or a sexually violent person under  the
27    Sexually Violent Persons Commitment Act or has been convicted
28    of  committing  or attempting to commit a misdemeanor offense
29    included under item (2) or (3.3) of subsection  (b)  of  this
30    Section or a felony under any of the following Acts:
31             (1)  The Criminal Code of 1961.
32             (2)  The Hazing Act.
33             (3)  The Harassing and Obscene Communications Act.
34             (4)  The Wrongs to Children Act.
 
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 1             (5)  The Illinois Abortion Law of 1975.
 2             (6)  The Adoption Compensation Prohibition Act.
 3             (7)  The Cannabis Control Act.
 4             (8)  The Illinois Controlled Substances Act.
 5             (9)  The Drug Paraphernalia Control Act.
 6             (10)  The Hypodermic Syringes and Needles Act.
 7             (11)  The Use of Intoxicating Compounds Act.
 8        (d)  Notwithstanding  subsection  (c), the Department may
 9    issue a new foster  family  home  license  or  may  renew  an
10    existing  foster  family home license of an applicant who was
11    convicted of an offense described in subsection (c), provided
12    all of the following requirements are met:
13             (1)  The  relevant  criminal  offense  or   offenses
14        occurred  more  than  10  years  prior  to  the  date  of
15        application or renewal.
16             (2)  The  applicant  had  previously  disclosed  the
17        conviction  or convictions to the Department for purposes
18        of a background check.
19             (3)  After the  disclosure,  the  Department  either
20        placed  a  child  in  the  home or the foster family home
21        license was issued.
22             (4)  During the background check, the Department had
23        assessed and waived the conviction in compliance with the
24        existing statutes and rules in effect at the time of  the
25        waiver.
26             (5)  The  applicant meets all other requirements and
27        qualifications to be licensed as  a  foster  family  home
28        under this Act and the Department's administrative rules.
29             (6)  The  applicant  has  a  history  of providing a
30        safe,  stable  home  environment  and  appears  able   to
31        continue to provide a safe, stable home environment.
32        (d-5)  Notwithstanding  subsection  (c-5), the Department
33    may issue a new child care facility license to or  renew  the
34    existing  child care facility license of an applicant who was
 
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 1    convicted  of  an  offense  described  in  subsection  (c-5),
 2    provided that all of the following requirements are met:
 3             (1)  The relevant  criminal  offense  occurred  more
 4        than  10  years  prior  to  the  date  of  application or
 5        renewal.
 6             (2)  The  applicant  had  previously  disclosed  the
 7        conviction to the Department for purposes of a background
 8        check.
 9             (3)  After the  disclosure,  the  Department  either
10        placed  a  child  in the child care facility or the child
11        care facility 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 the  pertinent  type  of
18        child  care  facility under this Act and the Department's
19        administrative rules.
20             (6)  The applicant has  a  history  of  providing  a
21        safe,  stable  environment in the child care facility and
22        appears able  to  continue  to  provide  a  safe,  stable
23        environment in the child care facility.
24        (e)  For  the  purposes  of  this  Section,  "child  care
25    facility"  has  the meaning ascribed to it in Section 2.05 of
26    this Act and includes, but is not limited to, day care  homes
27    and  group  day  care  homes.   "Child care facility license"
28    means a license issued by the Department to operate  a  child
29    care facility of the pertinent type.
30    (Source: P.A. 91-357, eff. 7-29-99; 92-328, eff. 1-1-02.)

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