HB4350 103RD GENERAL ASSEMBLY

LRB103 34261 KTG 64087 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4350

Introduced 1/16/2024, by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

New Act

Creates the Child Abuse Notice Act. Requires certain businesses and establishments, including, but not limited to, day care centers, elementary and secondary schools, bus stations, and general acute care hospital emergency rooms, to post in a conspicuous place a notice developed by the Department of Children and Family Services that is aimed toward children under 18 and provides information on what constitutes physical and sexual abuse and how to report such abuse. Requires the notice to be at least 8 1/2 inches by 11 inches in size, written in a 16-point font, unless the notice is provided by electronic means. Requires the Department, in consultation with an accredited Children's Advocacy Center, to develop a model notice no later than 6 months after the effective date of the Act. Requires the Department to make the model notice available for download on the Department's Internet website and provide the notice upon request to eligible business, schools, and other establishments. Provides that the notice shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act, as applicable. Imposes certain penalties on those businesses and other establishments that are subject to the Act that fail to comply with the Act's requirements. Exempts school districts and personnel from the penalty provision.

A BILL FOR

AN ACT concerning children.

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

Section 1. Short title. This Act may be cited as the Child Abuse Notice Act.

Section 5. Posted notice required.

(a) Each of the following businesses and other establishments shall, upon the availability of the model notice described in Section 10, post a notice that complies with the requirements of this Act in a conspicuous place in all restrooms open to the public, or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted:

(1) Day care centers.

(2) Entertainment facilities or sporting facilities providing services or opportunities to those under the age of 18.

(3) Schools, both public and private, that contain students under the age of 18.

(4) Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.

(5) Intercity passenger rail or light rail stations.

(6) Bus stations.

(7) Truck stops. As used in this Act, "truck stop" means a privately-owned and operated facility that provides food, fuel, shower, or other sanitary facilities, and lawful overnight truck parking.

(8) Emergency rooms within general acute care hospitals, in which case the notice may be posted by electronic means.

(9) Urgent care centers, in which case the notice may be posted by electronic means.

(b) The administrator of a public or private elementary school or public or private secondary school shall post a printout of the downloadable notice provided by the Department of Children and Family Services under Section 10 that complies with the requirements of this Act in a conspicuous and accessible place chosen by the administrator in the administrative office or another location in view of school employees. School districts and personnel are not subject to the penalties provided under subsection (a) of Section 15.

Section 10. Form of posted notice.

(a) The notice required under this Act shall be at least 8 1/2 inches by 11 inches in size, written in a 16-point font, except that when the notice is provided by electronic means the size of the notice and font shall not be required to comply with these specifications.

(b) No later than 6 months after the effective date of this Act, the Department of Children and Family Services, in consultation with an accredited Children's Advocacy Center, shall develop a model notice aimed toward children under 18 that provides information on what constitutes physical and sexual abuse and how to report such abuse. The Department of Children and Family Services shall make the model notice available for download on the Department's Internet website. Upon request, the Department shall furnish copies of the model notice without charge to a business, establishment, or school identified in Section 5.

(c) The notice shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act, as applicable. This Section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.

Section 15. Penalties.

(a) A business or establishment identified in subsection (a) of Section 5 that fails to comply with the requirements of this Act within 30 days of receipt of a notice described in subsection (b) is guilty of a petty offense, and subject to a fine of up to $500 for each violation.

(b) The governmental entity regulating a business or establishment and local law enforcement agency having jurisdiction shall, in the course of regulating a business or establishment or carrying out law enforcement duties, monitor and enforce compliance with this Act. Upon discovering a violation, the governmental entity or local law enforcement agency having jurisdiction shall provide the business or establishment with reasonable notice of noncompliance that informs the business or establishment that it is subject to a fine if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment.

(c) If the governmental entity regulating a business or establishment or local law enforcement agency having jurisdiction verifies that the violation was not corrected within the 30-day period described in subsection (b), the Attorney General or State's Attorney may prosecute a violation of this Section.