HB3170ham001 95TH GENERAL ASSEMBLY

Rep. Dan Brady

Filed: 3/27/2007

09500HB3170ham001 LRB095 06980 RAS 34640 a

AMENDMENT TO HOUSE BILL 3170

AMENDMENT NO. ______. Amend House Bill 3170 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-20.40 and 34-18.34 as follows:

(105 ILCS 5/10-20.40 new)

Sec. 10-20.40. Former employees; report suspected child abuse to new employer.

(a) In this Section, "abuse of a minor" means:

(1) inflicting, causing to be inflicted, or allowing to be inflicted upon a minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(2) creating a substantial risk of physical injury to a minor by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(3) committing or allowing to be committed any sex offense against a minor, as such sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children under 18 years of age;

(4) committing or allowing to be committed an act or acts of torture upon a minor;

(5) inflicting excessive corporal punishment upon a minor;

(6) committing or allowing to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 1961, against a minor; or

(7) causing to be sold, transferred, distributed, or given to a minor, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act, in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to a minor in a manner that substantially complies with the prescription.

(b) If a school district, upon request, provides information to another school district concerning the job performance or qualifications of an applicant for employment who is a current or former employee of the school district providing the information and that school district suspects that the current or former employee has abused a minor, then that school district shall inform the school district requesting the information of this suspicion.

(c) Any person who is required by a school district under this Section to inform a requesting school district of the suspected abuse of a minor by a current or former employee and who willfully fails to do so is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.

(d) Any school district, school board, or person participating in good faith in providing information of suspected abuse of a minor under this Section shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of such action. For the purpose of any civil or criminal proceedings, the good faith of any persons required to provide information on suspected abuse of a minor under this Section shall be presumed.

(e) Any person who suffers damages as a result of a violation of this Section committed by any school district or its representative may bring an action against such school district. The court, in its discretion, may award actual damages, treble actual damages if fraud is proved, injunctive relief, and any other relief that the court deems proper. Such action may be commenced in the county where the school district's administrative office is located or in the county where the transaction or any substantial portion of the transaction occurred. In any action brought by a person under this subsection (e), the court may award, in addition to the relief provided in this subsection (e), reasonable attorney's fees and costs to the prevailing party. Either party to an action under this subsection (e) may request a trial by jury.

(105 ILCS 5/34-18.34 new)

Sec. 34-18.34. Former employees; report suspected child abuse to new employer.

(a) In this Section, "abuse of a minor" means:

(1) inflicting, causing to be inflicted, or allowing to be inflicted upon a minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(2) creating a substantial risk of physical injury to a minor by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(3) committing or allowing to be committed any sex offense against a minor, as such sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children under 18 years of age;

(4) committing or allowing to be committed an act or acts of torture upon a minor;

(5) inflicting excessive corporal punishment upon a minor;

(6) committing or allowing to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 1961, against a minor; or

(7) causing to be sold, transferred, distributed, or given to a minor, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act, in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to a minor in a manner that substantially complies with the prescription.

(b) If the school district, upon request, provides information to another school district concerning the job performance or qualifications of an applicant for employment who is a current or former employee of the school district and the school district suspects that the current or former employee has abused a minor, then the school district shall inform the school district requesting the information of this suspicion.

(c) Any person who is required by the school district under this Section to inform a requesting school district of the suspected abuse of a minor by a current or former employee and who willfully fails to do so is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.

(d) The school district, the board, and any person participating in good faith in providing information of suspected abuse of a minor under this Section shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of such action. For the purpose of any civil or criminal proceedings, the good faith of any persons required to provide information on suspected abuse of a minor under this Section shall be presumed.

(e) Any person who suffers damages as a result of a violation of this Section committed by the school district or its representative may bring an action against the school district. The court, in its discretion, may award actual damages, treble actual damages if fraud is proved, injunctive relief, and any other relief that the court deems proper. Such action may be commenced in the county where the school district is located or in the county where the transaction or any substantial portion of the transaction occurred. In any action brought by a person under this subsection (e), the court may award, in addition to the relief provided in this subsection (e), reasonable attorney's fees and costs to the prevailing party. Either party to an action under this subsection (e) may request a trial by jury.

Section 90. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.".