95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2851


 
Introduced 2/15/2008, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:
 		








     




510 ILCS 70/18 new




325 ILCS 5/4
  from Ch. 23, par. 2054



325 ILCS 5/11.8 new





30 ILCS 805/8.32 new









    Amends the Humane Care for Animals Act and the Abused and Neglected Child Reporting Act.  Provides that an animal control officer or a humane society investigator with reasonable cause to suspect or believe that a child is being abused or neglected or is in danger of being abused or neglected must immediately make a written or oral report to the Department of Children and Family Services.  Provides that any person required to report suspected child abuse or neglect under the Abused and Neglected Child Reporting Act must also immediately report suspected animal abuse or neglect or danger of animal abuse or neglect to the Department of Agriculture's Bureau of Animal Welfare.     Preempts home rule powers.  Amends the State Mandates Act to require implementation without reimbursement.  Effective immediately.

















LRB095 19986 DRJ 46418 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2851

LRB095 19986 DRJ 46418 b






1
    AN ACT concerning abuse.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Humane Care for Animals Act is amended  by 
5
adding Section 18 as follows:
 
6
    (510 ILCS 70/18 new)

7
    Sec. 18. Cross-reporting.


8
    (a) An animal control officer or humane society 
9
investigator who has
reasonable
cause to suspect or believe 
10
that a child is being abused or neglected or is in
danger of 
11
being abused or
neglected must
immediately make a written or 
12
oral report to the Department of Children and
Family
Services.

13
    (b) Any person who is required under the Abused and 
14
Neglected Child Reporting
Act to make a report of suspected 
15
child abuse or neglect who has reasonable
cause to
suspect or 
16
believe that an animal is being abused or neglected or is in 
17
danger
of being abused or neglected in
violation of
this Act 
18
must immediately make a written or oral report to the 
19
Department of Agriculture's Bureau of Animal Welfare.

20
    (c) A home rule unit may not regulate the reporting of 
21
child abuse or neglect in a manner inconsistent with the 
22
provisions of this Section.  This Section is a limitation under 
23
subsection (i) of Section 6 of Article VII of the Illinois 
 


 






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Constitution on the concurrent exercise by home rule units of 
2
powers and functions exercised by the State.


 
3
    Section 10. The Abused and Neglected Child Reporting Act is 
4
amended  by changing Section 4 and  by adding Section 11.8 as 
5
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 abuse 
13
treatment personnel, funeral home
director or employee, 
14
coroner, medical examiner, emergency medical technician,

15
acupuncturist, crisis line or hotline personnel, school 
16
personnel (including administrators and both certified and 
17
non-certified school employees), educational
advocate assigned 
18
to a child pursuant to the School Code, member of a school 
19
board or the Chicago Board of Education or the governing body 
20
of a private school (but only to the extent required in 
21
accordance with other provisions of this Section expressly  
22
concerning the duty of school board members to report suspected 
23
child abuse), truant officers,
social worker, social services 
24
administrator,
domestic violence program personnel, registered 
 


 






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nurse, licensed
practical nurse, genetic counselor,

2
respiratory care practitioner, advanced practice nurse, home

3
health aide, director or staff
assistant of a nursery school or 
4
a child day care center, recreational program
or facility 
5
personnel, law enforcement officer, licensed professional

6
counselor, licensed clinical professional counselor, 
7
registered psychologist
and
assistants working under the 
8
direct supervision of a psychologist,
psychiatrist, or field 
9
personnel of the Department of Healthcare and Family Services,

10
Juvenile Justice, Public Health, Human Services (acting as 
11
successor to the Department of Mental
Health and Developmental 
12
Disabilities, Rehabilitation Services, or Public Aid),

13
Corrections, Human Rights, or Children and Family Services, 
14
supervisor and
administrator of general assistance under the 
15
Illinois Public Aid Code,
probation officer, animal control 
16
officer or humane society investigator, or any other foster 
17
parent, homemaker or child care worker
having reasonable cause 
18
to believe a child known to them in their professional
or 
19
official capacity may be an abused child or a neglected child 
20
shall
immediately report or cause a report to be made to the 
21
Department.

22
    Any member of the clergy having reasonable cause to believe 
23
that a child
known to that member of the clergy in his or her 
24
professional capacity may be
an abused child as defined in item 
25
(c) of the definition of "abused child" in
Section 3 of this 
26
Act shall immediately report or cause a report to be made to

 


 






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the Department.

2
    If an allegation is raised to a school board member during 
3
the course of an open or closed school board meeting that a 
4
child who is enrolled in the school district of which he or she 
5
is a board member is an abused child as defined in Section 3 of 
6
this Act, the member shall direct or cause the school board to 
7
direct the superintendent of the school district or other 
8
equivalent school administrator to comply with the 
9
requirements of this Act concerning the reporting of child 
10
abuse. For purposes of this paragraph, a school board member is 
11
granted the authority in his or her individual capacity to 
12
direct the superintendent of the school district or other 
13
equivalent school administrator to comply with the 
14
requirements of this Act concerning the reporting of child 
15
abuse.

16
    Whenever
such person is required to report under this Act 
17
in his capacity as a member of
the staff of a medical or other 
18
public or private institution, school, facility
or agency, or 
19
as a member of the clergy, he shall
make report immediately to 
20
the Department in accordance
with the provisions of this Act 
21
and may also notify the person in charge of
such institution, 
22
school, facility or agency, or church, synagogue, temple,

23
mosque, or other religious institution, or his
designated agent 
24
that such
report has been made.  Under no circumstances shall 
25
any person in charge of
such institution, school, facility or 
26
agency, or church, synagogue, temple,
mosque, or other 
 


 






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religious institution, or his
designated agent to whom
such 
2
notification has been made, exercise any control, restraint, 
3
modification
or other change in the report or the forwarding of 
4
such report to the
Department.

5
    The privileged quality of communication between any 
6
professional
person required to report
and his patient or 
7
client shall not apply to situations involving abused or

8
neglected children and shall not constitute grounds for failure 
9
to report
as required by this Act.

10
    A member of the clergy may claim the privilege under 
11
Section 8-803 of the
Code of Civil Procedure.

12
    In addition to the above persons required to
report 
13
suspected cases of abused or neglected children, any other 
14
person
may make a report if such person has reasonable cause to 
15
believe a child
may be an abused child or a neglected child.

16
    Any person who enters into
employment on and after July 1, 
17
1986 and is mandated by virtue of that
employment to report 
18
under this Act, shall sign a statement on a form
prescribed by 
19
the Department, to the effect that the employee has knowledge

20
and understanding of the reporting requirements of this Act.  
21
The statement
shall be signed prior to commencement of the 
22
employment.  The signed
statement shall be retained by the 
23
employer.  The cost of printing,
distribution, and filing of the 
24
statement shall be borne by the employer.

25
    The Department shall provide copies of this Act, upon 
26
request, to all
employers employing persons who shall be 
 


 






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required under the provisions of
this Section to report under 
2
this Act.

3
    Any person who knowingly transmits a false report to the 
4
Department
commits the offense of disorderly conduct under 
5
subsection (a)(7) of
Section 26-1 of the "Criminal Code of 
6
1961". Any person who violates this
provision a second or 
7
subsequent time shall be guilty of a Class 3
felony.

8
    Any person who knowingly and willfully violates any 
9
provision of this
Section other than a second or subsequent 
10
violation of transmitting a
false report as described in the

11
preceding paragraph, is guilty of a
Class A misdemeanor for
a 
12
first violation and a Class
4 felony for a
second or subsequent 
13
violation; except that if the person acted as part
of a plan or 
14
scheme having as its object the
prevention of discovery of an 
15
abused or neglected child by lawful authorities
for the
purpose 
16
of protecting or insulating any person or entity from arrest or

17
prosecution, the
person is guilty of a Class 4 felony for a 
18
first offense and a Class 3 felony
for a second or
subsequent 
19
offense (regardless of whether the second or subsequent offense

20
involves any
of the same facts or persons as the first or other 
21
prior offense).

22
    A child whose parent, guardian or custodian in good faith 
23
selects and depends
upon spiritual means through prayer  alone 
24
for the treatment or cure of
disease or remedial care may be 
25
considered neglected or abused, but not for
the sole reason 
26
that his parent, guardian or custodian accepts and
practices 
 


 






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such beliefs.

2
    A child shall not be considered neglected or abused solely 
3
because the
child is not attending school in accordance with 
4
the requirements of
Article 26 of the School Code, as amended.

5
    A home rule unit may not regulate the reporting of child 
6
abuse or neglect in a manner inconsistent with the provisions 
7
of this Section.  This Section is a limitation under subsection 
8
(i) of Section 6 of Article VII of the Illinois Constitution on 
9
the concurrent exercise by home rule units of powers and 
10
functions exercised by the State. 
11
(Source: P.A. 94-888, eff. 6-20-06; 95-10, eff. 6-30-07; 
12
95-461, eff. 8-27-07; revised 11-15-07.)


 
13
    (325 ILCS 5/11.8 new)

14
    Sec. 11.8. Cross-reporting.

15
    (a)  Any person required by this Act to make a
report of

16
suspected child abuse or neglect who has reasonable cause to 
17
suspect or believe
that an
animal is being abused or neglected 
18
or is in danger of being abused or
neglected in violation of 
19
the Humane Care
for Animals Act must
immediately make a written 
20
or oral report to the Department of Agriculture's Bureau of 
21
Animal Welfare.
22
    (b) A home rule unit may not regulate the reporting of 
23
child abuse or neglect in a manner inconsistent with the 
24
provisions of this Section.  This Section is a limitation under 
25
subsection (i) of Section 6 of Article VII of the Illinois 
 


 






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1
Constitution on the concurrent exercise by home rule units of 
2
powers and functions exercised by the State.


 
3
    Section 90. The State Mandates Act is amended by adding 
4
Section 8.32 as
follows:


 
5
    (30 ILCS 805/8.32 new)

6
    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 
7
of this
Act, no reimbursement by the State is required for the 
8
implementation of
any mandate created by this amendatory Act of 
9
the 95th General Assembly.

 

10
    Section 99. Effective date. This Act takes effect upon 
11
becoming law.