093_HB2902enr HB2902 Enrolled LRB093 04409 DRJ 04459 b 1 AN ACT in relation to children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abused and Neglected Child Reporting Act 5 is amended by changing Section 4 as follows: 6 (325 ILCS 5/4) (from Ch. 23, par. 2054) 7 Sec. 4. Persons required to report; privileged 8 communications; transmitting false report. Any physician, 9 resident, intern, hospital, hospital administrator and 10 personnel engaged in examination, care and treatment of 11 persons, surgeon, dentist, dentist hygienist, osteopath, 12 chiropractor, podiatrist, physician assistant, substance 13 abuse treatment personnel, Christian Science practitioner, 14 funeral home director or employee, coroner, medical examiner, 15 emergency medical technician, acupuncturist, crisis line or 16 hotline personnel, school personnel, educational advocate 17 assigned to a child pursuant to the School Code, truant 18 officers, social worker, social services administrator, 19 domestic violence program personnel, registered nurse, 20 licensed practical nurse, respiratory care practitioner, 21 advanced practice nurse, home health aide, director or staff 22 assistant of a nursery school or a child day care center, 23 recreational program or facility personnel, law enforcement 24 officer, registered psychologist and assistants working 25 under the direct supervision of a psychologist, psychiatrist, 26 or field personnel of the Illinois Department of Public Aid, 27 Public Health, Human Services (acting as successor to the 28 Department of Mental Health and Developmental Disabilities, 29 Rehabilitation Services, or Public Aid), Corrections, Human 30 Rights, or Children and Family Services, supervisor and 31 administrator of general assistance under the Illinois Public HB2902 Enrolled -2- LRB093 04409 DRJ 04459 b 1 Aid Code, probation officer, or any other foster parent, 2 homemaker or child care worker having reasonable cause to 3 believe a child known to them in their professional or 4 official capacity may be an abused child or a neglected child 5 shall immediately report or cause a report to be made to the 6 Department. 7 Any member of the clergy having reasonable cause to 8 believe that a child known to that member of the clergy in 9 his or her professional capacity may be an abused child as 10 defined in item (c) of the definition of "abused child" in 11 Section 3 of this Act shall immediately report or cause a 12 report to be made to the Department. 13 Whenever such person is required to report under this Act 14 in his capacity as a member of the staff of a medical or 15 other public or private institution, school, facility or 16 agency, or as a member of the clergy, he shall make report 17 immediately to the Department in accordance with the 18 provisions of this Act and may also notify the person in 19 charge of such institution, school, facility or agency, or 20 church, synagogue, temple, mosque, or other religious 21 institution, or his designated agent that such report has 22 been made. Under no circumstances shall any person in charge 23 of such institution, school, facility or agency, or church, 24 synagogue, temple, mosque, or other religious institution, or 25 his designated agent to whom such notification has been made, 26 exercise any control, restraint, modification or other change 27 in the report or the forwarding of such report to the 28 Department. 29 The privileged quality of communication between any 30 professional person required to report and his patient or 31 client shall not apply to situations involving abused or 32 neglected children and shall not constitute grounds for 33 failure to report as required by this Act. 34 A member of the clergy may claim the privilege under HB2902 Enrolled -3- LRB093 04409 DRJ 04459 b 1 Section 8-803 of the Code of Civil Procedure. 2 In addition to the above persons required to report 3 suspected cases of abused or neglected children, any other 4 person may make a report if such person has reasonable cause 5 to believe a child may be an abused child or a neglected 6 child. 7 Any person who enters into employment on and after July 8 1, 1986 and is mandated by virtue of that employment to 9 report under this Act, shall sign a statement on a form 10 prescribed by the Department, to the effect that the employee 11 has knowledge and understanding of the reporting requirements 12 of this Act. The statement shall be signed prior to 13 commencement of the employment. The signed statement shall 14 be retained by the employer. The cost of printing, 15 distribution, and filing of the statement shall be borne by 16 the employer. 17 The Department shall provide copies of this Act, upon 18 request, to all employers employing persons who shall be 19 required under the provisions of this Section to report under 20 this Act. 21 Any person who knowingly transmits a false report to the 22 Department commits the offense of disorderly conduct under 23 subsection (a)(7) of Section 26-1 of the "Criminal Code of 24 1961". Any person who violates this provision a second or 25 subsequent time shall be guilty of a Class 34felony. 26 Any person who knowingly and willfully violates any 27 provision of this Section other than a second or subsequent 28 violation of transmitting a false report as described in the 29 preceding paragraph, is guilty of a Class A misdemeanor for a 30 first violation and a Class 4 felony for a second or 31 subsequent violation; except that if the person acted as part 32 of a plan or scheme having as its object the prevention of 33 discovery of an abused or neglected child by lawful 34 authorities for the purpose of protecting or insulating any HB2902 Enrolled -4- LRB093 04409 DRJ 04459 b 1 person or entity from arrest or prosecution, the person is 2 guilty of a Class 4 felony for a first offense and a Class 3 3 felony for a second or subsequent offense (regardless of 4 whether the second or subsequent offense involves any of the 5 same facts or persons as the first or other prior offense). 6 A child whose parent, guardian or custodian in good faith 7 selects and depends upon spiritual means through prayer 8 alone for the treatment or cure of disease or remedial care 9 may be considered neglected or abused, but not for the sole 10 reason that his parent, guardian or custodian accepts and 11 practices such beliefs. 12 A child shall not be considered neglected or abused 13 solely because the child is not attending school in 14 accordance with the requirements of Article 26 of the School 15 Code, as amended. 16 (Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99; 17 92-16, eff. 6-28-01; 92-801, eff. 8-16-02.) 18 Section 10. The Criminal Code of 1961 is amended by 19 changing Section 26-1 as follows: 20 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) 21 Sec. 26-1. Elements of the Offense. 22 (a) A person commits disorderly conduct when he 23 knowingly: 24 (1) Does any act in such unreasonable manner as to 25 alarm or disturb another and to provoke a breach of the 26 peace; or 27 (2) Transmits or causes to be transmitted in any 28 manner to the fire department of any city, town, village 29 or fire protection district a false alarm of fire, 30 knowing at the time of such transmission that there is no 31 reasonable ground for believing that such fire exists; or 32 (3) Transmits or causes to be transmitted in any HB2902 Enrolled -5- LRB093 04409 DRJ 04459 b 1 manner to another a false alarm to the effect that a bomb 2 or other explosive of any nature or a container holding 3 poison gas, a deadly biological or chemical contaminant, 4 or radioactive substance is concealed in such place that 5 its explosion or release would endanger human life, 6 knowing at the time of such transmission that there is no 7 reasonable ground for believing that such bomb, explosive 8 or a container holding poison gas, a deadly biological or 9 chemical contaminant, or radioactive substance is 10 concealed in such place; or 11 (4) Transmits or causes to be transmitted in any 12 manner to any peace officer, public officer or public 13 employee a report to the effect that an offense will be 14 committed, is being committed, or has been committed, 15 knowing at the time of such transmission that there is no 16 reasonable ground for believing that such an offense will 17 be committed, is being committed, or has been committed; 18 or 19 (5) Enters upon the property of another and for a 20 lewd or unlawful purpose deliberately looks into a 21 dwelling on the property through any window or other 22 opening in it; or 23 (6) While acting as a collection agency as defined 24 in the "Collection Agency Act" or as an employee of such 25 collection agency, and while attempting to collect an 26 alleged debt, makes a telephone call to the alleged 27 debtor which is designed to harass, annoy or intimidate 28 the alleged debtor; or 29 (7) Transmits or causes to be transmitted a false 30 report to the Department of Children and Family Services 31 under Section 4 of the "Abused and Neglected Child 32 Reporting Act"; or 33 (8) Transmits or causes to be transmitted a false 34 report to the Department of Public Health under the HB2902 Enrolled -6- LRB093 04409 DRJ 04459 b 1 Nursing Home Care Act; or 2 (9) Transmits or causes to be transmitted in any 3 manner to the police department or fire department of any 4 municipality or fire protection district, or any 5 privately owned and operated ambulance service, a false 6 request for an ambulance, emergency medical 7 technician-ambulance or emergency medical 8 technician-paramedic knowing at the time there is no 9 reasonable ground for believing that such assistance is 10 required; or 11 (10) Transmits or causes to be transmitted a false 12 report under Article II of "An Act in relation to victims 13 of violence and abuse", approved September 16, 1984, as 14 amended; or 15 (11) Transmits or causes to be transmitted a false 16 report to any public safety agency without the reasonable 17 grounds necessary to believe that transmitting such a 18 report is necessary for the safety and welfare of the 19 public; or 20 (12) Calls the number "911" for the purpose of 21 making or transmitting a false alarm or complaint and 22 reporting information when, at the time the call or 23 transmission is made, the person knows there is no 24 reasonable ground for making the call or transmission and 25 further knows that the call or transmission could result 26 in the emergency response of any public safety agency. 27 (b) Sentence. A violation of subsection (a)(1) of this 28 Section is a Class C misdemeanor. A violation of subsection 29 (a)(5),(a)(7),(a)(11), or (a)(12) of this Section is a 30 Class A misdemeanor. A violation of subsection (a)(8) or 31 (a)(10) of this Section is a Class B misdemeanor. A 32 violation of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of 33 this Section is a Class 4 felony. A violation of subsection 34 (a)(3) of this Section is a Class 3 felony, for which a fine HB2902 Enrolled -7- LRB093 04409 DRJ 04459 b 1 of not less than $3,000 and no more than $10,000 shall be 2 assessed in addition to any other penalty imposed. 3 A violation of subsection (a)(6) of this Section is a 4 Business Offense and shall be punished by a fine not to 5 exceed $3,000. A second or subsequent violation of 6 subsection (a)(7), (a)(11), or (a)(12) of this Section is a 7 Class 4 felony. A third or subsequent violation of 8 subsection (a)(5) of this Section is a Class 4 felony. 9 (c) In addition to any other sentence that may be 10 imposed, a court shall order any person convicted of 11 disorderly conduct to perform community service for not less 12 than 30 and not more than 120 hours, if community service is 13 available in the jurisdiction and is funded and approved by 14 the county board of the county where the offense was 15 committed. In addition, whenever any person is placed on 16 supervision for an alleged offense under this Section, the 17 supervision shall be conditioned upon the performance of the 18 community service. 19 This subsection does not apply when the court imposes a 20 sentence of incarceration. 21 (Source: P.A. 91-115, eff. 1-1-00; 91-121, eff. 7-15-99; 22 92-16, eff. 6-28-01; 92-502, eff. 12-19-01.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.