Public Act 93-0151

SB110 Enrolled                       LRB093 06831 AMC 06976 b

    AN ACT concerning child care facilities.

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

    Section  5.  The  Child  Care  Act  of 1969 is amended by
changing Section 4.2 as follows:

    (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
    Sec. 4.2.  (a) No applicant may receive  a  license  from
the  Department  and  no person may be employed by a licensed
child care facility who refuses to authorize an investigation
as required by Section 4.1.
    (b)  In addition to the other provisions of this Section,
no applicant may receive a license from the Department and no
person may be employed by a child care facility  licensed  by
the  Department  who  has  been declared a sexually dangerous
person under  "An  Act  in  relation  to  sexually  dangerous
persons,  and  providing  for their commitment, detention and
supervision", approved July 6, 1938, as amended, or convicted
of committing or attempting to commit any  of  the  following
offenses stipulated under the Criminal Code of 1961:
         (1)  murder;
         (1.1)  solicitation of murder;
         (1.2)  solicitation of murder for hire;
         (1.3)  intentional homicide of an unborn child;
         (1.4)  voluntary manslaughter of an unborn child;
         (1.5)  involuntary manslaughter;
         (1.6)  reckless homicide;
         (1.7)  concealment of a homicidal death;
         (1.8)  involuntary manslaughter of an unborn child;
         (1.9)  reckless homicide of an unborn child;
         (1.10)  drug-induced homicide;
         (2)  a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13;
         (3)  kidnapping;
         (3.1)  aggravated unlawful restraint;
         (3.2)  forcible detention;
         (3.3)  harboring a runaway;
         (3.4)  aiding and abetting child abduction;
         (4)  aggravated kidnapping;
         (5)  child abduction;
         (6)  aggravated battery of a child;
         (7)  criminal sexual assault;
         (8)  aggravated criminal sexual assault;
         (8.1)  predatory criminal sexual assault of a child;
         (9)  criminal sexual abuse;
         (10)  aggravated sexual abuse;
         (11)  heinous battery;
         (12)  aggravated battery with a firearm;
         (13)  tampering with food, drugs, or cosmetics;
         (14)  drug induced infliction of great bodily harm;
         (15)  hate crime;
         (16)  stalking;
         (17)  aggravated stalking;
         (18)  threatening public officials;
         (19)  home invasion;
         (20)  vehicular invasion;
         (21)  criminal transmission of HIV;
         (22)  criminal  abuse  or  neglect  of an elderly or
    disabled person;
         (23)  child abandonment;
         (24)  endangering the life or health of a child;
         (25)  ritual mutilation;
         (26)  ritualized abuse of a child;
         (27)  an offense in any other jurisdiction state the
    elements of which are  similar  and  bear  a  substantial
    relationship to any of the foregoing offenses.
    (b-1)  In  addition  to  the  other  provisions  of  this
Section,  beginning January 1, 2004, no new applicant and, on
the date  of  licensure  renewal,  no  current  licensee  may
operate  or receive a license from the Department to operate,
no person may be employed by, and no adult person may  reside
in  a  child care facility licensed by the Department who has
been convicted of committing or attempting to commit  any  of
the   following   offenses   or   an  offense  in  any  other
jurisdiction the elements of which are  similar  and  bear  a
substantial relationship to any of the following offenses:

                       (I) BODILY HARM

         (1)  Felony aggravated assault.
         (2)  Vehicular endangerment.
         (3)  Felony domestic battery.
         (4)  Aggravated battery.
         (5)  Heinous battery.
         (6)  Aggravated battery with a firearm.
         (7)  Aggravated battery of an unborn child.
         (8)  Aggravated battery of a senior citizen.
         (9)  Intimidation.
         (10)  Compelling organization membership of persons.
         (11)  Abuse  and  gross  neglect of a long term care
    facility resident.
         (12)  Felony violation of an order of protection.

 (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

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

                     (III) DRUG OFFENSES

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

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

    (B)  BODILY HARM
         (2)  Felony aggravated assault.
         (3)  Vehicular endangerment.
         (4)  Felony domestic battery.
         (5)  Aggravated battery.
         (6)  Heinous battery.
         (7)  Aggravated battery with a firearm.
         (8)  Aggravated battery of an unborn child.
         (9)  Aggravated battery of a senior citizen.
         (10)  Intimidation.
         (11)  Compelling organization membership of persons.
         (12)  Abuse  and  gross  neglect of a long term care
    facility resident.
         (13)  Felony violation of an order of protection.

          (II)  OFFENSES DIRECTED AGAINST PROPERTY

         (14)  Felony theft.
         (15)  Robbery.
         (16)  Armed robbery.
         (17)  Aggravated robbery.
         (18)  Vehicular hijacking.
         (19)  Aggravated vehicular hijacking.
         (20)  Burglary.
         (21)  Possession of burglary tools.
         (22)  Residential burglary.
         (23)  Criminal  fortification  of  a  residence   or
    building.
         (24)  Arson.
         (25)  Aggravated arson.
         (26)  Possession    of    explosive   or   explosive
    incendiary devices.

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

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

                     (IV)  DRUG OFFENSES

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

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

Effective Date: 7/10/2003