Rep. Fred Crespo

Filed: 4/8/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3304

2    AMENDMENT NO. ______. Amend House Bill 3304, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by adding Sections
610-20.69, 22-85, and 34-18.61 as follows:
 
7    (105 ILCS 5/10-20.69 new)
8    Sec. 10-20.69. Sexual abuse investigations at schools.
9Each school district must adopt and implement a policy
10addressing sexual abuse investigations at schools consistent
11with Section 22-85.
 
12    (105 ILCS 5/22-85 new)
13    Sec. 22-85. Sexual abuse at schools.
14    (a) The General Assembly finds that:
15        (1) investigation of a child regarding an incident of

 

 

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1    sexual abuse can induce significant trauma for the child;
2        (2) it is desirable to prevent multiple interviews of a
3    child at a school; and
4        (3) it is important to recognize the role of Children's
5    Advocacy Centers in conducting developmentally appropriate
6    investigations.
7    (b) In this Section:
8    "Alleged incident of sexual abuse" is limited to: (i) an
9incident of sexual abuse of a child that is alleged to have
10been perpetrated by school personnel, including a school vendor
11or volunteer; (ii) an alleged incident of sexual abuse of a
12child that occurred on school grounds or during a school
13activity; or (iii) when school personnel became aware of an
14alleged incident of sexual abuse of a child perpetrated by
15school personnel, a school vendor, or a school volunteer that
16occurred outside of school grounds or a school activity.
17    "Appropriate law enforcement agency" means a law
18enforcement agency whose employees have been involved, in some
19capacity, with an investigation of a particular alleged
20incident of sexual abuse.
21    (c) If a mandated reporter within a school has knowledge of
22an alleged incident of sexual abuse, the reporter must call the
23Department of Children and Family Services' hotline
24immediately after obtaining the minimal information necessary
25to make a report, including the names of the affected parties
26and the allegations. The State Board of Education must develop

 

 

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1and make available materials detailing the information that is
2necessary to enable notification to the Department of Children
3and Family Services of an alleged incident of sexual abuse.
4Each school must ensure that mandated reporters review the
5State Board of Education's materials under this subsection at
6least once annually.
7    (d) For schools in a county with an accredited Children's
8Advocacy Center, every alleged incident of sexual abuse that is
9reported to the Department of Children and Family Services'
10hotline or a law enforcement agency must be referred by the
11entity that received the report to the local Children's
12Advocacy Center pursuant to that county's multidisciplinary
13team's protocol under the Children's Advocacy Center Act for
14investigating child sexual abuse allegations.
15    (e) A county's local Children's Advocacy Center must, at a
16minimum, do both of the following regarding a referred case of
17an alleged incident of sexual abuse:
18        (1) Coordinate the investigation of the alleged
19    incident, as governed by the local Children's Advocacy
20    Center's existing multidisciplinary team protocol and
21    according to National Children's Alliance accreditation
22    standards.
23        (2) Facilitate communication between the
24    multidisciplinary team investigating the alleged incident
25    of sexual abuse and, if applicable, the referring school's
26    (i) Title IX officer, or his or her designee, (ii) student

 

 

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1    resource officer, and (iii) investigating body. This
2    facilitation of communication must, at a minimum, ensure
3    that all applicable parties have each other's contact
4    information.
5    (f) After an alleged incident of sexual abuse is reported
6to the Department of Children and Family Services or a law
7enforcement agency and while the criminal and child abuse
8investigations related to that alleged incident are being
9conducted by the local multidisciplinary team, the school
10relevant to the alleged incident of sexual abuse must comply
11with both of the following:
12        (1) It may not interview the alleged victim until after
13    the completion of the forensic interview of that victim is
14    conducted at a Children's Advocacy Center.
15        (2) It must inform the multidisciplinary team
16    conducting the investigation of any and all information
17    gathered pertaining to an alleged incident of sexual abuse.
18    (g) After completion of a forensic interview, the
19multidisciplinary team must notify the school relevant to the
20alleged incident of sexual abuse of its completion.
21    (h) To the greatest extent possible considering student
22safety and Title IX compliance, school personnel must view
23electronic recordings of a forensic interview of an alleged
24victim of an incident of sexual abuse instead of interviewing
25the alleged victim. School personnel must be granted viewing
26access to the electronic recording of a forensic interview

 

 

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1conducted at an accredited Children's Advocacy Center for an
2alleged incident of sexual abuse only if the school receives
3(i) approval from the multidisciplinary team investigating the
4case and (ii) informed consent by a child over the age of 13 or
5the child's parent or guardian. Each county's local Children's
6Advocacy Center and multidisciplinary team must create a
7protocol for the approval and viewing process. At no time may
8the electronic recording of a forensic interview be given to a
9school's representatives without a court's protective order.
10The school's viewing of the electronic recording of a forensic
11interview may be granted only if it is used as a substitute for
12interviewing the alleged victim of sexual abuse.
13    (i) If, during the course of its internal investigation,
14the school determines that it needs to interview the alleged
15victim to successfully complete its investigation and the
16victim is under 18 years of age, a child advocate must be made
17available to the student and must be present during the
18school's interview. A child advocate may be a school social
19worker, a school psychologist, or a person in a position the
20State Board of Education has identified as an appropriate
21advocate for the student during a school's investigation into
22an alleged incident of sexual abuse.
23    (j) The Department of Children and Family Services must
24notify the relevant school when an agency investigation of an
25alleged incident of sexual abuse is complete. The notification
26must include information on the outcome of that investigation.

 

 

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1    (k) The appropriate law enforcement agency must notify the
2relevant school when an agency investigation of an alleged
3incident of sexual abuse is complete. The notification must
4include information on the outcome of that investigation.
5    (l) This Section applies to all schools operating under
6this Code, including, but not limited to, public schools
7located in cities having a population of more than 500,000, a
8school operated pursuant to an agreement with a public school
9district, alternative schools operated by third parties, an
10alternative learning opportunities program, a public school
11administered by a local public agency or the Department of
12Human Services, charter schools operating under the authority
13of Article 27A, and non-public schools recognized by the State
14Board of Education.
 
15    (105 ILCS 5/34-18.61 new)
16    Sec. 34-18.61. Sexual abuse investigations at schools. The
17school district must adopt and implement a policy addressing
18sexual abuse investigations at schools consistent with Section
1922-85.
 
20    Section 99. Effective date. This Act takes effect July 1,
212019.".