Sen. William R. Haine
Filed: 4/11/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 506




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    AMENDMENT NO. ______. Amend Senate Bill 506 by replacing 
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the title with the following:

 
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    "AN ACT concerning children."; and
 
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by replacing everything after the enacting clause with the 
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following:
 
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    "Section 1. Short title. This Act may be cited as the 
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Shaken Baby Prevention Act.
 
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    Section 5. Definitions. In this Act:
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    "Department" means the Department of Public Health.
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    "Director" means the Director of Public Health.
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    "Parent" means a biological mother or father, 
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foster-mother or father, adoptive mother or father, or 
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step-mother or step-father.
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    "Primary caregiver" means any person who is not a parent, 
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but who provides temporary care to an infant or child, 
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including but not limited to, a babysitter, child care 
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provider, extended family member, nanny, or custodian.
    
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    "Shaken baby" means the vigorous shaking of an infant or a 
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young child that may result in bleeding inside the head and 
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cause one or more of the following conditions: irreversible 
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brain damage; blindness, retinal hemorrhage, or eye damage; 
 


 






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cerebral palsy; hearing loss; spinal cord injury, including 
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paralysis; seizures; learning disability; central nervous 
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system injury; closed head injury; rib fracture; subdural 
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hematoma; or death.                                                         
 
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    Section 10. Shaken Baby Prevention Program. Subject to 
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appropriation, the Director shall establish a statewide Shaken 
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Baby Prevention Program to educate parents and primary 
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caregivers about the dangers of shaken baby and to provide 
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alternative techniques to venting anger and frustration.  The 
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program shall allow for voluntary participation and use 
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multimedia educational vehicles, such as a video recording, to 
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target the parents and primary caregivers of babies from birth 
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through 3 years of age. Parents of newborns may choose to sign 
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a participation form and fill out an evaluation form to record 
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their participation in the program after viewing the multimedia 
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educational materials. The Director, or the Director's 
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designee, shall develop companion written materials, a program 
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participation form, and an evaluation form. The Director shall 
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designate and enter into contracts with experts, health care 
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providers, and other State agencies to design and implement the 
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program in all hospitals and child care facilities.
 
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    Section 15. Local health departments. Local health 
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departments shall assist the Director in implementing and 
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administering the Shaken Baby Prevention Program in local 
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hospitals and child care facilities. Local health departments' 
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specific duties  may include,  but  are  not  limited to, 
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distributing the multimedia program materials and assisting in  
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the  collection  of  the  data  on  program  participation  and  the  
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program evaluation forms for the Department's  annual report 
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required under Section 25.                                                          
 
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    Section 20. Responsibilities of hospitals, health care 
 


 






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providers, and child care providers. 
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    (a) Every hospital, maternal or pediatric health  care  
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provider, and  child care provider shall encourage parents and 
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primary  caregivers  to  participate  in  the  voluntary  Shaken   Baby 
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Prevention  Program  by:  
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        (1)  informing parents of all newborn children about the 
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    program;
 
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        (2) making available to parents the shaken  baby 
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    awareness  and  prevention  multimedia materials provided by 
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    the Department;
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        (3) making program participation forms developed by 
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    the Department  available  for signing by parents after 
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    viewing the multimedia materials; and 
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        (4) keeping all program participation forms  and  
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    evaluation forms on file.    
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    (b) Hospitals and, as applicable, health care providers and 
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child care providers shall report to the Department by no later 
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than the first of November of  each  year: (i)  the  total  number  
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of births  that  occurred at the hospital that year; (ii) the 
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total number of viewings of the shaken baby multimedia 
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educational materials; and (iii) the total number  of  Shaken  
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Baby  Prevention Program participation  forms signed at the 
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hospital or other facility.  All  evaluation  forms  filled  out  
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during  the  year shall be forwarded to the Department with that 
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data.                                               
 
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    Section 25. Annual report. The  Department  shall make an 
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annual report to the General Assembly of its findings and 
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recommendations concerning  the  effectiveness,  impact, and  
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benefits  derived  from  the  Shaken  Baby Prevention Program. The 
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report shall contain evaluations of the program and 
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recommendations for legislation deemed necessary and proper. 
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The Department shall submit the report on or before the first 
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day of January, beginning in 2007.
 
 


 






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    Section 90. The Criminal Code of 1961 is amended by adding 
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Section 12-36 as follows:
 
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    (720 ILCS 5/12-36  new)
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    Sec. 12-36. Reckless assault of a child.
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    (a) A person is guilty of reckless assault of a child when, 
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being 18 years of age or older, he or she recklessly shakes a 
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child less than 12 years of age in a vigorous manner that 
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causes subdural hemorrhaging, intercranial hemorrhaging, or 
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retinal hemorrhaging in the child.
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    (b) Sentence. Reckless assault of a child is a Class 2 
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felony.
 

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    Section 99. Effective date. This Act takes effect January 
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1, 2006.".