Public Act 93-0431
HB2902 Enrolled LRB093 04409 DRJ 04459 b
AN ACT in relation to children.
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 3 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; except that if the person acted as part
of a plan or scheme having as its object the prevention of
discovery of an abused or neglected child by lawful
authorities for the purpose of protecting or insulating any
person or entity from arrest or prosecution, the person is
guilty of a Class 4 felony for a first offense and a Class 3
felony for a second or subsequent offense (regardless of
whether the second or subsequent offense involves any of the
same facts or persons as the first or other prior offense).
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 26-1 as follows:
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Elements of the Offense.
(a) A person commits disorderly conduct when he
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace; or
(2) Transmits or causes to be transmitted in any
manner to the fire department of any city, town, village
or fire protection district a false alarm of fire,
knowing at the time of such transmission that there is no
reasonable ground for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any
manner to another a false alarm to the effect that a bomb
or other explosive of any nature or a container holding
poison gas, a deadly biological or chemical contaminant,
or radioactive substance is concealed in such place that
its explosion or release would endanger human life,
knowing at the time of such transmission that there is no
reasonable ground for believing that such bomb, explosive
or a container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in such place; or
(4) Transmits or causes to be transmitted in any
manner to any peace officer, public officer or public
employee a report to the effect that an offense will be
committed, is being committed, or has been committed,
knowing at the time of such transmission that there is no
reasonable ground for believing that such an offense will
be committed, is being committed, or has been committed;
or
(5) Enters upon the property of another and for a
lewd or unlawful purpose deliberately looks into a
dwelling on the property through any window or other
opening in it; or
(6) While acting as a collection agency as defined
in the "Collection Agency Act" or as an employee of such
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged
debtor which is designed to harass, annoy or intimidate
the alleged debtor; or
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the
Nursing Home Care Act; or
(9) Transmits or causes to be transmitted in any
manner to the police department or fire department of any
municipality or fire protection district, or any
privately owned and operated ambulance service, a false
request for an ambulance, emergency medical
technician-ambulance or emergency medical
technician-paramedic knowing at the time there is no
reasonable ground for believing that such assistance is
required; or
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims
of violence and abuse", approved September 16, 1984, as
amended; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting such a
report is necessary for the safety and welfare of the
public; or
(12) Calls the number "911" for the purpose of
making or transmitting a false alarm or complaint and
reporting information when, at the time the call or
transmission is made, the person knows there is no
reasonable ground for making the call or transmission and
further knows that the call or transmission could result
in the emergency response of any public safety agency.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5), (a)(7), (a)(11), or (a)(12) of this Section is a
Class A misdemeanor. A violation of subsection (a)(8) or
(a)(10) of this Section is a Class B misdemeanor. A
violation of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of
this Section is a Class 4 felony. A violation of subsection
(a)(3) of this Section is a Class 3 felony, for which a fine
of not less than $3,000 and no more than $10,000 shall be
assessed in addition to any other penalty imposed.
A violation of subsection (a)(6) of this Section is a
Business Offense and shall be punished by a fine not to
exceed $3,000. A second or subsequent violation of
subsection (a)(7), (a)(11), or (a)(12) of this Section is a
Class 4 felony. A third or subsequent violation of
subsection (a)(5) of this Section is a Class 4 felony.
(c) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
disorderly conduct to perform community service for not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by
the county board of the county where the offense was
committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the
community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 91-115, eff. 1-1-00; 91-121, eff. 7-15-99;
92-16, eff. 6-28-01; 92-502, eff. 12-19-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.