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Rep. Mary E. Flowers
Filed: 3/20/2023
| | 10300HB0003ham006 | | LRB103 03564 LNS 59512 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with |
| 3 | | reference to page and line numbers of House Amendment No. 5, on |
| 4 | | page 4, line 4, by replacing "and 7.3" with "7.3, and 9"; and
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| 5 | | on page 17, by deleting lines 11 through 15; and
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| 6 | | on page 17, immediately below line 22, by inserting the |
| 7 | | following:
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| 8 | | "(325 ILCS 5/9) (from Ch. 23, par. 2059)
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| 9 | | Sec. 9. Any person, institution or agency, under this Act, |
| 10 | | participating
in good faith in the making of a report or |
| 11 | | referral, or in the investigation of
such a report or referral |
| 12 | | or in the taking of photographs and x-rays
or in the retaining |
| 13 | | a child in temporary protective custody or in making a
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| 14 | | disclosure of information concerning reports of child abuse |
| 15 | | and neglect in
compliance with Sections 4.2 and 11.1 of this |
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| 1 | | Act or Section 4 of this Act, as it relates to disclosure by |
| 2 | | school personnel and except in cases of wilful or wanton |
| 3 | | misconduct,
shall have immunity
from any liability, civil,
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| 4 | | criminal or that otherwise might result by reason of such |
| 5 | | actions. For
the purpose of any proceedings,
civil or |
| 6 | | criminal, the good faith of any persons required to report or |
| 7 | | refer,
or permitted to report,
cases of suspected child abuse |
| 8 | | or neglect or permitted to refer
individuals under this Act or |
| 9 | | required to disclose information concerning
reports of child |
| 10 | | abuse and neglect in compliance with Sections 4.2 and 11.1
of |
| 11 | | this Act, shall be presumed. This presumption applies to a |
| 12 | | person who discloses information under subsection (b-1) of |
| 13 | | Section 7.3 only for one year after the effective date of this |
| 14 | | amendatory Act of the 103rd General Assembly. One year after |
| 15 | | the effective date of this amendatory Act of the 103rd General |
| 16 | | Assembly, this presumption may not apply to any person who |
| 17 | | violates subsection (b-1) of Section 7.3. For purposes of this |
| 18 | | Section "child abuse and neglect" includes abuse or neglect of |
| 19 | | an adult resident as defined in this Act.
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| 20 | | (Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.)"; |
| 21 | | and
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| 22 | | on page 56, by replacing line 18 with "changing Sections |
| 23 | | 7A-101 and 8A-101 and by adding Article 5B as follows:"; and
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| 24 | | on page 60, immediately below line 19, by inserting the |
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| 1 | | following:
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| 2 | | "(775 ILCS 5/7A-101) (from Ch. 68, par. 7A-101)
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| 3 | | Sec. 7A-101.
The procedures specified in this Article |
| 4 | | shall apply
solely to Articles 2, 4, 5, and 5A, and 5B and |
| 5 | | Sections 6-101 and 6-102 of Article 6.
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| 6 | | (Source: P.A. 102-362, eff. 1-1-22.)
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| 7 | | (775 ILCS 5/8A-101) (from Ch. 68, par. 8A-101)
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| 8 | | Sec. 8A-101. This Article shall apply solely to Articles |
| 9 | | 2, 4, 5, and 5A, and 5B and Sections 6-101 and 6-102 of Article |
| 10 | | 6. |
| 11 | | (Source: P.A. 102-362, eff. 1-1-22.)".
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