093_HB2902enr

 
HB2902 Enrolled                      LRB093 04409 DRJ 04459 b

 1        AN ACT in relation to children.

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

 4        Section  5.  The Abused and Neglected Child Reporting Act
 5    is amended by changing Section 4 as 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
13    abuse treatment personnel,  Christian  Science  practitioner,
14    funeral home director or employee, coroner, medical examiner,
15    emergency  medical  technician, acupuncturist, crisis line or
16    hotline personnel,  school  personnel,  educational  advocate
17    assigned  to  a  child  pursuant  to  the School Code, truant
18    officers,  social  worker,  social  services   administrator,
19    domestic   violence   program  personnel,  registered  nurse,
20    licensed  practical  nurse,  respiratory  care  practitioner,
21    advanced practice nurse, home health aide, director or  staff
22    assistant  of  a  nursery  school or a child day care center,
23    recreational program or facility personnel,  law  enforcement
24    officer,   registered  psychologist  and  assistants  working
25    under the direct supervision of a psychologist, psychiatrist,
26    or  field personnel of the Illinois Department of Public Aid,
27    Public Health, Human Services (acting  as  successor  to  the
28    Department  of  Mental Health and Developmental Disabilities,
29    Rehabilitation Services, or Public Aid),  Corrections,  Human
30    Rights,  or  Children  and  Family  Services,  supervisor and
31    administrator of general assistance under the Illinois Public
 
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 1    Aid Code, probation officer,  or  any  other  foster  parent,
 2    homemaker  or  child  care  worker having reasonable cause to
 3    believe a child  known  to  them  in  their  professional  or
 4    official capacity may be an abused child or a neglected child
 5    shall  immediately report or cause a report to be made to the
 6    Department.
 7        Any member of  the  clergy  having  reasonable  cause  to
 8    believe  that  a  child known to that member of the clergy in
 9    his or her professional capacity may be an  abused  child  as
10    defined  in  item  (c) of the definition of "abused child" in
11    Section 3 of this Act shall immediately  report  or  cause  a
12    report to be made to the Department.
13        Whenever such person is required to report under this Act
14    in  his  capacity  as  a  member of the staff of a medical or
15    other public or  private  institution,  school,  facility  or
16    agency,  or  as  a member of the clergy, he shall make report
17    immediately  to  the  Department  in  accordance   with   the
18    provisions  of  this  Act  and  may also notify the person in
19    charge of such institution, school, facility  or  agency,  or
20    church,   synagogue,   temple,  mosque,  or  other  religious
21    institution, or his designated agent  that  such  report  has
22    been made.  Under no circumstances shall any person in charge
23    of  such  institution, school, facility or agency, or church,
24    synagogue, temple, mosque, or other religious institution, or
25    his designated agent to whom such notification has been made,
26    exercise any control, restraint, modification or other change
27    in the report  or  the  forwarding  of  such  report  to  the
28    Department.
29        The  privileged  quality  of  communication  between  any
30    professional  person  required  to  report and his patient or
31    client shall not apply  to  situations  involving  abused  or
32    neglected  children  and  shall  not  constitute  grounds for
33    failure to report as required by this Act.
34        A member of the clergy  may  claim  the  privilege  under
 
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 1    Section 8-803 of the Code of Civil Procedure.
 2        In  addition  to  the  above  persons  required to report
 3    suspected cases of abused or neglected  children,  any  other
 4    person  may make a report if such person has reasonable cause
 5    to believe a child may be an  abused  child  or  a  neglected
 6    child.
 7        Any  person  who enters into employment on and after July
 8    1, 1986 and is mandated  by  virtue  of  that  employment  to
 9    report  under  this  Act,  shall  sign  a statement on a form
10    prescribed by the Department, to the effect that the employee
11    has knowledge and understanding of the reporting requirements
12    of  this  Act.   The  statement  shall  be  signed  prior  to
13    commencement of the employment.  The signed  statement  shall
14    be   retained   by  the  employer.   The  cost  of  printing,
15    distribution, and filing of the statement shall be  borne  by
16    the employer.
17        The  Department  shall  provide  copies of this Act, upon
18    request, to all employers  employing  persons  who  shall  be
19    required under the provisions of this Section to report under
20    this Act.
21        Any  person who knowingly transmits a false report to the
22    Department commits the offense of  disorderly  conduct  under
23    subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
24    1961". Any person who violates this  provision  a  second  or
25    subsequent time shall be guilty of a Class 3 4 felony.
26        Any  person  who  knowingly  and  willfully  violates any
27    provision of this Section other than a second  or  subsequent
28    violation  of transmitting a false report as described in the
29    preceding paragraph, is guilty of a Class A misdemeanor for a
30    first violation  and  a  Class  4  felony  for  a  second  or
31    subsequent violation; except that if the person acted as part
32    of  a  plan  or scheme having as its object the prevention of
33    discovery  of  an  abused  or  neglected  child   by   lawful
34    authorities  for  the purpose of protecting or insulating any
 
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 1    person or entity from arrest or prosecution,  the  person  is
 2    guilty  of a Class 4 felony for a first offense and a Class 3
 3    felony for a second  or  subsequent  offense  (regardless  of
 4    whether  the second or subsequent offense involves any of the
 5    same facts or persons as the first or other prior offense).
 6        A child whose parent, guardian or custodian in good faith
 7    selects and  depends  upon  spiritual  means  through  prayer
 8    alone  for  the treatment or cure of disease or remedial care
 9    may be considered neglected or abused, but not for  the  sole
10    reason  that  his  parent,  guardian or custodian accepts and
11    practices such beliefs.
12        A child shall  not  be  considered  neglected  or  abused
13    solely   because   the  child  is  not  attending  school  in
14    accordance with the requirements of Article 26 of the  School
15    Code, as amended.
16    (Source:  P.A.  91-259,  eff.  1-1-00;  91-516, eff. 8-13-99;
17    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

18        Section 10.  The Criminal Code  of  1961  is  amended  by
19    changing Section 26-1 as follows:

20        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
21        Sec. 26-1.  Elements of the Offense.
22        (a)  A   person   commits   disorderly  conduct  when  he
23    knowingly:
24             (1)  Does any act in such unreasonable manner as  to
25        alarm  or  disturb another and to provoke a breach of the
26        peace; or
27             (2)  Transmits or causes to be  transmitted  in  any
28        manner  to the fire department of any city, town, village
29        or fire  protection  district  a  false  alarm  of  fire,
30        knowing at the time of such transmission that there is no
31        reasonable ground for believing that such fire exists; or
32             (3)  Transmits  or  causes  to be transmitted in any
 
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 1        manner to another a false alarm to the effect that a bomb
 2        or other explosive of any nature or a  container  holding
 3        poison  gas, a deadly biological or chemical contaminant,
 4        or radioactive substance is concealed in such place  that
 5        its  explosion  or  release  would  endanger  human life,
 6        knowing at the time of such transmission that there is no
 7        reasonable ground for believing that such bomb, explosive
 8        or a container holding poison gas, a deadly biological or
 9        chemical  contaminant,  or   radioactive   substance   is
10        concealed in such place; or
11             (4)  Transmits  or  causes  to be transmitted in any
12        manner to any peace officer,  public  officer  or  public
13        employee  a  report to the effect that an offense will be
14        committed, is being committed,  or  has  been  committed,
15        knowing at the time of such transmission that there is no
16        reasonable ground for believing that such an offense will
17        be  committed, is being committed, or has been committed;
18        or
19             (5)  Enters upon the property of another and  for  a
20        lewd  or  unlawful  purpose  deliberately  looks  into  a
21        dwelling  on  the  property  through  any window or other
22        opening in it; or
23             (6)  While acting as a collection agency as  defined
24        in  the "Collection Agency Act" or as an employee of such
25        collection agency, and while  attempting  to  collect  an
26        alleged  debt,  makes  a  telephone  call  to the alleged
27        debtor which is designed to harass, annoy  or  intimidate
28        the alleged debtor; or
29             (7)  Transmits  or  causes to be transmitted a false
30        report to the Department of Children and Family  Services
31        under  Section  4  of  the  "Abused  and  Neglected Child
32        Reporting Act"; or
33             (8)  Transmits or causes to be transmitted  a  false
34        report  to  the  Department  of  Public  Health under the
 
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 1        Nursing Home Care Act; or
 2             (9)  Transmits or causes to be  transmitted  in  any
 3        manner to the police department or fire department of any
 4        municipality   or   fire   protection  district,  or  any
 5        privately owned and operated ambulance service,  a  false
 6        request    for    an    ambulance,    emergency   medical
 7        technician-ambulance      or      emergency       medical
 8        technician-paramedic  knowing  at  the  time  there is no
 9        reasonable ground for believing that such  assistance  is
10        required; or
11             (10)  Transmits  or causes to be transmitted a false
12        report under Article II of "An Act in relation to victims
13        of violence and abuse", approved September 16,  1984,  as
14        amended; or
15             (11)  Transmits  or causes to be transmitted a false
16        report to any public safety agency without the reasonable
17        grounds necessary to believe  that  transmitting  such  a
18        report  is  necessary  for  the safety and welfare of the
19        public; or
20             (12)  Calls the number  "911"  for  the  purpose  of
21        making  or  transmitting  a  false alarm or complaint and
22        reporting information when,  at  the  time  the  call  or
23        transmission  is  made,  the  person  knows  there  is no
24        reasonable ground for making the call or transmission and
25        further knows that the call or transmission could  result
26        in the emergency response of any public safety agency.
27        (b)  Sentence.   A violation of subsection (a)(1) of this
28    Section is a Class C misdemeanor.  A violation of  subsection
29    (a)(5),  (a)(7),  (a)(11),  or  (a)(12)  of this Section is a
30    Class A misdemeanor.  A violation  of  subsection  (a)(8)  or
31    (a)(10)  of  this  Section  is  a  Class  B  misdemeanor.   A
32    violation  of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of
33    this Section is a Class 4 felony.  A violation of  subsection
34    (a)(3)  of this Section is a Class 3 felony, for which a fine
 
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 1    of not less than $3,000 and no more  than  $10,000  shall  be
 2    assessed in addition to any other penalty imposed.
 3        A  violation  of  subsection  (a)(6) of this Section is a
 4    Business Offense and shall be  punished  by  a  fine  not  to
 5    exceed   $3,000.    A   second  or  subsequent  violation  of
 6    subsection (a)(7), (a)(11), or (a)(12) of this Section  is  a
 7    Class   4   felony.   A  third  or  subsequent  violation  of
 8    subsection (a)(5) of this Section is a Class 4 felony.
 9        (c)  In addition  to  any  other  sentence  that  may  be
10    imposed,   a  court  shall  order  any  person  convicted  of
11    disorderly conduct to perform community service for not  less
12    than  30 and not more than 120 hours, if community service is
13    available in the jurisdiction and is funded and  approved  by
14    the  county  board  of  the  county  where  the  offense  was
15    committed.   In  addition,  whenever  any person is placed on
16    supervision for an alleged offense under  this  Section,  the
17    supervision  shall be conditioned upon the performance of the
18    community service.
19        This subsection does not apply when the court  imposes  a
20    sentence of incarceration.
21    (Source:  P.A.  91-115,  eff.  1-1-00;  91-121, eff. 7-15-99;
22    92-16, eff. 6-28-01; 92-502, eff. 12-19-01.)

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