HB0003ham006 103RD GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/20/2023

 

 


 

 


 
10300HB0003ham006LRB103 03564 LNS 59512 a

1
AMENDMENT TO HOUSE BILL 3

2    AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with
3reference to page and line numbers of House Amendment No. 5, on
4page 4, line 4, by replacing "and 7.3" with "7.3, and 9"; and
 
5on page 17, by deleting lines 11 through 15; and
 
6on page 17, immediately below line 22, by inserting the
7following:
 
8    "(325 ILCS 5/9)  (from Ch. 23, par. 2059)
9    Sec. 9. Any person, institution or agency, under this Act,
10participating in good faith in the making of a report or
11referral, or in the investigation of such a report or referral
12or in the taking of photographs and x-rays or in the retaining
13a child in temporary protective custody or in making a
14disclosure of information concerning reports of child abuse
15and neglect in compliance with Sections 4.2 and 11.1 of this

 

 

10300HB0003ham006- 2 -LRB103 03564 LNS 59512 a

1Act or Section 4 of this Act, as it relates to disclosure by
2school personnel and except in cases of wilful or wanton
3misconduct, shall have immunity from any liability, civil,
4criminal or that otherwise might result by reason of such
5actions. For the purpose of any proceedings, civil or
6criminal, the good faith of any persons required to report or
7refer, or permitted to report, cases of suspected child abuse
8or neglect or permitted to refer individuals under this Act or
9required to disclose information concerning reports of child
10abuse and neglect in compliance with Sections 4.2 and 11.1 of
11this Act, shall be presumed. This presumption applies to a
12person who discloses information under subsection (b-1) of
13Section 7.3 only for one year after the effective date of this
14amendatory Act of the 103rd General Assembly. One year after
15the effective date of this amendatory Act of the 103rd General
16Assembly, this presumption may not apply to any person who
17violates subsection (b-1) of Section 7.3. For purposes of this
18Section "child abuse and neglect" includes abuse or neglect of
19an adult resident as defined in this Act.
20(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.)";
21and
 
22on page 56, by replacing line 18 with "changing Sections
237A-101 and 8A-101 and by adding Article 5B as follows:"; and
 
24on page 60, immediately below line 19, by inserting the

 

 

10300HB0003ham006- 3 -LRB103 03564 LNS 59512 a

1following:
 
2    "(775 ILCS 5/7A-101)  (from Ch. 68, par. 7A-101)
3    Sec. 7A-101. The procedures specified in this Article
4shall apply solely to Articles 2, 4, 5, and 5A, and 5B and
5Sections 6-101 and 6-102 of Article 6.
6(Source: P.A. 102-362, eff. 1-1-22.)
 
7    (775 ILCS 5/8A-101)  (from Ch. 68, par. 8A-101)
8    Sec. 8A-101. This Article shall apply solely to Articles
92, 4, 5, and 5A, and 5B and Sections 6-101 and 6-102 of Article
106.
11(Source: P.A. 102-362, eff. 1-1-22.)".