104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0187

 

Introduced 1/9/2025, by Rep. Emanuel "Chris" Welch

 

SYNOPSIS AS INTRODUCED:
 
320 ILCS 20/4  from Ch. 23, par. 6604

    Amends the Adult Protective Services Act. Makes a technical change in a Section concerning reports of abuse, abandonment, or neglect.


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A BILL FOR

 

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1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Adult Protective Services Act is amended by
5changing Section 4 as follows:
 
6    (320 ILCS 20/4)  (from Ch. 23, par. 6604)
7    Sec. 4. Reports of abuse, abandonment, or neglect.
8    (a) Any person who suspects the the abuse, abandonment,
9neglect, financial exploitation, or self-neglect of an
10eligible adult may report this suspicion or information about
11the suspicious death of an eligible adult to an agency
12designated to receive such reports under this Act or to the
13Department.
14    (a-5) If any mandated reporter has reason to believe that
15an eligible adult, who because of a disability or other
16condition or impairment is unable to seek assistance for
17himself or herself, has, within the previous 12 months, been
18subjected to abuse, abandonment, neglect, or financial
19exploitation, the mandated reporter shall, within 24 hours
20after developing such belief, report this suspicion to an
21agency designated to receive such reports under this Act or to
22the Department. The agency designated to receive such reports
23under this Act or the Department may establish a manner in

 

 

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1which a mandated reporter can make the required report through
2an Internet reporting tool. Information sent and received
3through the Internet reporting tool is subject to the same
4rules in this Act as other types of confidential reporting
5established by the designated agency or the Department.
6Whenever a mandated reporter is required to report under this
7Act in his or her capacity as a member of the staff of a
8medical or other public or private institution, facility, or
9agency, he or she shall make a report to an agency designated
10to receive such reports under this Act or to the Department in
11accordance with the provisions of this Act and may also notify
12the person in charge of the institution, facility, or agency
13or his or her designated agent that the report has been made.
14Under no circumstances shall any person in charge of such
15institution, facility, or agency, or his or her designated
16agent to whom the notification has been made, exercise any
17control, restraint, modification, or other change in the
18report or the forwarding of the report to an agency designated
19to receive such reports under this Act or to the Department.
20The privileged quality of communication between any
21professional person required to report and his or her patient
22or client shall not apply to situations involving abused,
23abandoned, neglected, or financially exploited eligible adults
24and shall not constitute grounds for failure to report as
25required by this Act.
26    (a-6) If a mandated reporter has reason to believe that

 

 

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1the death of an eligible adult may be the result of abuse or
2neglect, the matter shall be reported to an agency designated
3to receive such reports under this Act or to the Department for
4subsequent referral to the appropriate law enforcement agency
5and the coroner or medical examiner in accordance with
6subsection (c-5) of Section 3 of this Act.
7    (a-7) A person making a report under this Act in the belief
8that it is in the alleged victim's best interest shall be
9immune from criminal or civil liability or professional
10disciplinary action on account of making the report,
11notwithstanding any requirements concerning the
12confidentiality of information with respect to such eligible
13adult which might otherwise be applicable.
14    (a-9) Law enforcement officers shall continue to report
15incidents of alleged abuse pursuant to the Illinois Domestic
16Violence Act of 1986, notwithstanding any requirements under
17this Act.
18    (b) Any person, institution or agency participating in the
19making of a report, providing information or records related
20to a report, assessment, or services, or participating in the
21investigation of a report under this Act in good faith, or
22taking photographs or x-rays as a result of an authorized
23assessment, shall have immunity from any civil, criminal or
24other liability in any civil, criminal or other proceeding
25brought in consequence of making such report or assessment or
26on account of submitting or otherwise disclosing such

 

 

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1photographs or x-rays to any agency designated to receive
2reports of alleged or suspected abuse, abandonment, or
3neglect. Any person, institution or agency authorized by the
4Department to provide assessment, intervention, or
5administrative services under this Act shall, in the good
6faith performance of those services, have immunity from any
7civil, criminal or other liability in any civil, criminal, or
8other proceeding brought as a consequence of the performance
9of those services. For the purposes of any civil, criminal, or
10other proceeding, the good faith of any person required to
11report, permitted to report, or participating in an
12investigation of a report of alleged or suspected abuse,
13abandonment, neglect, financial exploitation, or self-neglect
14shall be presumed.
15    (c) The identity of a person making a report of alleged or
16suspected abuse, abandonment, neglect, financial exploitation,
17or self-neglect or a report concerning information about the
18suspicious death of an eligible adult under this Act may be
19disclosed by the Department or other agency provided for in
20this Act only with such person's written consent or by court
21order, but is otherwise confidential.
22    (d) The Department shall by rule establish a system for
23filing and compiling reports made under this Act.
24    (e) Any physician who willfully fails to report as
25required by this Act shall be referred to the Illinois State
26Medical Disciplinary Board for action in accordance with

 

 

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1subdivision (A)(22) of Section 22 of the Medical Practice Act
2of 1987. Any dentist or dental hygienist who willfully fails
3to report as required by this Act shall be referred to the
4Department of Financial and Professional Regulation for
5possible disciplinary action. Any optometrist who willfully
6fails to report as required by this Act shall be referred to
7the Department of Financial and Professional Regulation for
8action in accordance with paragraph (15) of subsection (a) of
9Section 24 of the Illinois Optometric Practice Act of 1987.
10Any other mandated reporter required by this Act to report
11suspected abuse, abandonment, neglect, or financial
12exploitation who willfully fails to report the same is guilty
13of a Class A misdemeanor.
14(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24;
15103-626, eff. 1-1-25.)