Public Act 93-0356
SB1035 Enrolled LRB093 10792 RLC 11217 b
AN ACT in relation to child abuse.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Child Reporting Act
is amended by changing Section 4 as follows:
(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatrist, physician assistant, substance
abuse treatment personnel, Christian Science practitioner,
funeral home director or employee, coroner, medical examiner,
emergency medical technician, acupuncturist, crisis line or
hotline personnel, school personnel, educational advocate
assigned to a child pursuant to the School Code, truant
officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, respiratory care practitioner,
advanced practice nurse, home health aide, director or staff
assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement
officer, registered psychologist and assistants working
under the direct supervision of a psychologist, psychiatrist,
or field personnel of the Illinois Department of Public Aid,
Public Health, Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, or any other foster parent,
homemaker or child care worker having reasonable cause to
believe a child known to them in their professional or
official capacity may be an abused child or a neglected child
shall immediately report or cause a report to be made to the
Department.
Any member of the clergy having reasonable cause to
believe that a child known to that member of the clergy in
his or her professional capacity may be an abused child as
defined in item (c) of the definition of "abused child" in
Section 3 of this Act shall immediately report or cause a
report to be made to the Department.
Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or
other public or private institution, school, facility or
agency, or as a member of the clergy, he shall make report
immediately to the Department in accordance with the
provisions of this Act and may also notify the person in
charge of such institution, school, facility or agency, or
church, synagogue, temple, mosque, or other religious
institution, or his designated agent that such report has
been made. Under no circumstances shall any person in charge
of such institution, school, facility or agency, or church,
synagogue, temple, mosque, or other religious institution, or
his designated agent to whom such notification has been made,
exercise any control, restraint, modification or other change
in the report or the forwarding of such report to the
Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for
failure to report as required by this Act.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
In addition to the above persons required to report
suspected cases of abused or neglected children, any other
person may make a report if such person has reasonable cause
to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July
1, 1986 and is mandated by virtue of that employment to
report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee
has knowledge and understanding of the reporting requirements
of this Act. The statement shall be signed prior to
commencement of the employment. The signed statement shall
be retained by the employer. The cost of printing,
distribution, and filing of the statement shall be borne by
the employer.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or
subsequent violation.
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care
may be considered neglected or abused, but not for the sole
reason that his parent, guardian or custodian accepts and
practices such beliefs.
A child shall not be considered neglected or abused
solely because the child is not attending school in
accordance with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99;
92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 3-6 as follows:
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which
a prosecution must be commenced under the provisions of
Section 3-5 or other applicable statute is extended under the
following conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after
the discovery of the offense by an aggrieved person, or
by a person who has legal capacity to represent an
aggrieved person or has a legal duty to report the
offense, and is not himself or herself a party to the
offense; or in the absence of such discovery, within one
year after the proper prosecuting officer becomes aware
of the offense. However, in no such case is the period of
limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(b) A prosecution for any offense based upon misconduct
in office by a public officer or employee may be commenced
within one year after discovery of the offense by a person
having a legal duty to report such offense, or in the absence
of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However, in
no such case is the period of limitation so extended more
than 3 years beyond the expiration of the period otherwise
applicable.
(c) Except as otherwise provided in subsection (a) of
Section 3-5 of this Code and subdivision (i) or (j) of this
Section, a prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 12-12 of
this Code, where the victim and defendant are family members,
as defined in Section 12-12 of this Code, may be commenced
within one year of the victim attaining the age of 18 years.
(d) A prosecution for child pornography, indecent
solicitation of a child, soliciting for a juvenile
prostitute, juvenile pimping or exploitation of a child may
be commenced within one year of the victim attaining the age
of 18 years. However, in no such case shall the time period
for prosecution expire sooner than 3 years after the
commission of the offense. When the victim is under 18 years
of age, a prosecution for criminal sexual abuse may be
commenced within one year of the victim attaining the age of
18 years. However, in no such case shall the time period for
prosecution expire sooner than 3 years after the commission
of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or
sexual penetration, as defined in Section 12-12 of this Code,
where the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section
44 of the "Environmental Protection Act", approved June 29,
1970, as amended, may be commenced within 5 years after the
discovery of such an offense by a person or agency having the
legal duty to report the offense or in the absence of such
discovery, within 5 years after the proper prosecuting
officer becomes aware of the offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement
authorities within 2 years after the commission of the
offense.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j) When the victim is under 18 years of age at the time
of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse or a
prosecution for failure of a person who is required to report
an alleged or suspected commission of any of these offenses
under the Abused and Neglected Child Reporting Act may be
commenced within 20 years 10 years after the child victim
attains 18 years of age.
Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00;
92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)
Section 15. The Code of Civil Procedure is amended by
changing Section 13-202.2 as follows:
(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
Sec. 13-202.2. Childhood sexual abuse.
(a) In this Section:
"Childhood sexual abuse" means an act of sexual abuse
that occurs when the person abused is under 18 years of age.
"Sexual abuse" includes but is not limited to sexual
conduct and sexual penetration as defined in Section 12-12 of
the Criminal Code of 1961.
(b) Notwithstanding any other provision of law, an
action for damages for personal injury based on childhood
sexual abuse must be commenced within 10 years of the date
the limitation period begins to run under subsection (d) or
within 5 2 years of the date the person abused discovers or
through the use of reasonable diligence should discover both
(i) that the act of childhood sexual abuse occurred and (ii)
that the injury was caused by the childhood sexual abuse. The
fact that the person abused discovers or through the use of
reasonable diligence should discover that the act of
childhood sexual abuse occurred is not, by itself, sufficient
to start the discovery period under this subsection (b).
Knowledge of the abuse does not constitute discovery of the
injury or the causal relationship between any
later-discovered injury and the abuse.
(c) If the injury is caused by 2 or more acts of
childhood sexual abuse that are part of a continuing series
of acts of childhood sexual abuse by the same abuser, then
the discovery period under subsection (b) shall be computed
from the date the person abused discovers or through the use
of reasonable diligence should discover both (i) that the
last act of childhood sexual abuse in the continuing series
occurred and (ii) that the injury was caused by any act of
childhood sexual abuse in the continuing series. The fact
that the person abused discovers or through the use of
reasonable diligence should discover that the last act of
childhood sexual abuse in the continuing series occurred is
not, by itself, sufficient to start the discovery period
under subsection (b). Knowledge of the abuse does not
constitute discovery of the injury or the causal relationship
between any later-discovered injury and the abuse.
(d) The limitation periods under subsection (b) do not
begin to run before the person abused attains the age of 18
years; and, if at the time the person abused attains the age
of 18 years he or she is under other legal disability, the
limitation periods under subsection (b) do not begin to run
until the removal of the disability.
(d-1) The limitation periods in subsection (b) do not
run during a time period when the person abused is subject to
threats, intimidation, manipulation, or fraud perpetrated by
the abuser or by any person acting in the interest of the
abuser.
(e) This Section applies to actions pending on the
effective date of this amendatory Act of 1990 as well as to
actions commenced on or after that date. The changes made by
this amendatory Act of 1993 shall apply only to actions
commenced on or after the effective date of this amendatory
Act of 1993. The changes made by this amendatory Act of the
93rd General Assembly apply to actions pending on the
effective date of this amendatory Act of the 93rd General
Assembly as well as actions commenced on or after that date.
(Source: P.A. 88-127.)
Section 99. Effective date. This Act takes effect upon
becoming law.