093_SB1035eng

 
SB1035 Engrossed                     LRB093 10792 RLC 11217 b

 1        AN ACT in relation to child abuse.

 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 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.
32        A child whose parent, guardian or custodian in good faith
33    selects  and  depends  upon  spiritual  means  through prayer
34    alone for the treatment or cure of disease or  remedial  care
 
SB1035 Engrossed            -4-      LRB093 10792 RLC 11217 b
 1    may  be  considered neglected or abused, but not for the sole
 2    reason that his parent, guardian  or  custodian  accepts  and
 3    practices such beliefs.
 4        A  child  shall  not  be  considered  neglected or abused
 5    solely  because  the  child  is  not  attending   school   in
 6    accordance  with the requirements of Article 26 of the School
 7    Code, as amended.
 8    (Source: P.A. 91-259,  eff.  1-1-00;  91-516,  eff.  8-13-99;
 9    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

10        Section  10.  The  Criminal  Code  of  1961 is amended by
11    changing Section 3-6 as follows:

12        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
13        Sec. 3-6.  Extended limitations. The period within  which
14    a  prosecution  must  be  commenced  under  the provisions of
15    Section 3-5 or other applicable statute is extended under the
16    following conditions:
17        (a)  A prosecution for theft  involving  a  breach  of  a
18    fiduciary obligation to the aggrieved person may be commenced
19    as follows:
20             (1)  If  the aggrieved person is a minor or a person
21        under legal disability, then during the minority or legal
22        disability or  within  one  year  after  the  termination
23        thereof.
24             (2)  In  any  other  instance, within one year after
25        the discovery of the offense by an aggrieved  person,  or
26        by  a  person  who  has  legal  capacity  to represent an
27        aggrieved person or  has  a  legal  duty  to  report  the
28        offense,  and  is  not  himself or herself a party to the
29        offense; or in the absence of such discovery, within  one
30        year  after  the proper prosecuting officer becomes aware
31        of the offense. However, in no such case is the period of
32        limitation so extended  more  than  3  years  beyond  the
 
SB1035 Engrossed            -5-      LRB093 10792 RLC 11217 b
 1        expiration of the period otherwise applicable.
 2        (b)  A  prosecution for any offense based upon misconduct
 3    in office by a public officer or employee  may  be  commenced
 4    within  one  year  after discovery of the offense by a person
 5    having a legal duty to report such offense, or in the absence
 6    of  such  discovery,  within  one  year  after   the   proper
 7    prosecuting officer becomes aware of the offense. However, in
 8    no  such  case  is  the period of limitation so extended more
 9    than 3 years beyond the expiration of  the  period  otherwise
10    applicable.
11        (c)  Except  as  otherwise  provided in subsection (a) of
12    Section 3-5 of this Code and subdivision (i) or (j)  of  this
13    Section,  a  prosecution  for  any  offense  involving sexual
14    conduct or sexual penetration, as defined in Section 12-12 of
15    this Code, where the victim and defendant are family members,
16    as defined in Section 12-12 of this Code,  may  be  commenced
17    within one year of the victim attaining the age of 18 years.
18        (d)  A   prosecution   for  child  pornography,  indecent
19    solicitation  of  a  child,   soliciting   for   a   juvenile
20    prostitute,  juvenile  pimping or exploitation of a child may
21    be commenced within one year of the victim attaining the  age
22    of  18  years. However, in no such case shall the time period
23    for  prosecution  expire  sooner  than  3  years  after   the
24    commission of the offense.  When the victim is under 18 years
25    of  age,  a  prosecution  for  criminal  sexual  abuse may be
26    commenced within one year of the victim attaining the age  of
27    18 years.  However, in no such case shall the time period for
28    prosecution  expire  sooner than 3 years after the commission
29    of the offense.
30        (e)  Except as otherwise provided in subdivision  (j),  a
31    prosecution  for  any  offense  involving  sexual  conduct or
32    sexual penetration, as defined in Section 12-12 of this Code,
33    where the defendant was within a  professional  or  fiduciary
34    relationship   or   a  purported  professional  or  fiduciary
 
SB1035 Engrossed            -6-      LRB093 10792 RLC 11217 b
 1    relationship with the victim at the time of the commission of
 2    the offense may  be  commenced  within  one  year  after  the
 3    discovery of the offense by the victim.
 4        (f)  A  prosecution  for any offense set forth in Section
 5    44 of the "Environmental Protection Act", approved  June  29,
 6    1970,  as  amended, may be commenced within 5 years after the
 7    discovery of such an offense by a person or agency having the
 8    legal duty to report the offense or in the  absence  of  such
 9    discovery,  within  5  years  after  the  proper  prosecuting
10    officer becomes aware of the offense.
11        (g)  (Blank).
12        (h)  (Blank).
13        (i)  Except  as  otherwise provided in subdivision (j), a
14    prosecution for criminal sexual assault, aggravated  criminal
15    sexual  assault,  or  aggravated criminal sexual abuse may be
16    commenced within 10 years of the commission of the offense if
17    the  victim  reported  the   offense   to   law   enforcement
18    authorities  within  2  years  after  the  commission  of the
19    offense.
20        Nothing in this subdivision (i)  shall  be  construed  to
21    shorten a period within which a prosecution must be commenced
22    under any other provision of this Section.
23        (j)  When the victim is under 18 years of age at the time
24    of  the  offense,  a prosecution for criminal sexual assault,
25    aggravated criminal sexual assault, predatory criminal sexual
26    assault of a child, or aggravated criminal sexual abuse or  a
27    prosecution for failure of a person who is required to report
28    an  alleged  or suspected commission of any of these offenses
29    under the Abused and Neglected Child  Reporting  Act  may  be
30    commenced  within  20  years  10 years after the child victim
31    attains 18 years of age.
32        Nothing in this subdivision (j)  shall  be  construed  to
33    shorten a period within which a prosecution must be commenced
34    under any other provision of this Section.
 
SB1035 Engrossed            -7-      LRB093 10792 RLC 11217 b
 1    (Source:  P.A.  91-475,  eff.  1-1-00;  91-801, eff. 6-13-00;
 2    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

 3        Section 15.  The Code of Civil Procedure  is  amended  by
 4    changing Section 13-202.2 as follows:

 5        (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
 6        Sec. 13-202.2. Childhood sexual abuse.
 7        (a)  In this Section:
 8        "Childhood  sexual  abuse"  means  an act of sexual abuse
 9    that occurs when the person abused is under 18 years of age.
10        "Sexual abuse" includes but  is  not  limited  to  sexual
11    conduct and sexual penetration as defined in Section 12-12 of
12    the Criminal Code of 1961.
13        (b)  Notwithstanding  any  other  provision  of  law,  an
14    action  for  damages  for  personal injury based on childhood
15    sexual abuse must be commenced within 10 years  of  the  date
16    the  limitation  period begins to run under subsection (d) or
17    within 5 2 years of the date the person abused  discovers  or
18    through  the use of reasonable diligence should discover both
19    (i) that the act of childhood sexual abuse occurred and  (ii)
20    that the injury was caused by the childhood sexual abuse. The
21    fact  that  the person abused discovers or through the use of
22    reasonable  diligence  should  discover  that  the   act   of
23    childhood sexual abuse occurred is not, by itself, sufficient
24    to  start  the  discovery  period  under this subsection (b).
25    Knowledge of the abuse does not constitute discovery  of  the
26    injury    or    the    causal    relationship   between   any
27    later-discovered injury and the abuse.
28        (c)  If the injury  is  caused  by  2  or  more  acts  of
29    childhood  sexual  abuse that are part of a continuing series
30    of acts of childhood sexual abuse by the  same  abuser,  then
31    the  discovery  period under subsection (b) shall be computed
32    from the date the person abused discovers or through the  use
 
SB1035 Engrossed            -8-      LRB093 10792 RLC 11217 b
 1    of  reasonable  diligence  should  discover both (i) that the
 2    last act of childhood sexual abuse in the  continuing  series
 3    occurred  and  (ii)  that the injury was caused by any act of
 4    childhood sexual abuse in the  continuing  series.  The  fact
 5    that  the  person  abused  discovers  or  through  the use of
 6    reasonable diligence should discover that  the  last  act  of
 7    childhood  sexual  abuse in the continuing series occurred is
 8    not, by itself, sufficient  to  start  the  discovery  period
 9    under  subsection  (b).  Knowledge  of  the  abuse  does  not
10    constitute discovery of the injury or the causal relationship
11    between any later-discovered injury and the abuse.
12        (d)  The  limitation  periods under subsection (b) do not
13    begin to run before the person abused attains the age  of  18
14    years;  and, if at the time the person abused attains the age
15    of 18 years he or she is under other  legal  disability,  the
16    limitation  periods  under subsection (b) do not begin to run
17    until the removal of the disability.
18        (d-1)  The limitation periods in subsection  (b)  do  not
19    run during a time period when the person abused is subject to
20    threats,  intimidation, manipulation, or fraud perpetrated by
21    the abuser or by any person acting in  the  interest  of  the
22    abuser.
23        (e)  This  Section  applies  to  actions  pending  on the
24    effective date of this amendatory Act of 1990 as well  as  to
25    actions  commenced on or after that date. The changes made by
26    this amendatory Act of  1993  shall  apply  only  to  actions
27    commenced  on  or after the effective date of this amendatory
28    Act of 1993. The changes made by this amendatory Act  of  the
29    93rd  General  Assembly  apply  to  actions  pending  on  the
30    effective  date  of  this  amendatory Act of the 93rd General
31    Assembly as well as actions commenced on or after that date.
32    (Source: P.A. 88-127.)

33        Section 99.  Effective date.  This Act takes effect  upon
 
SB1035 Engrossed            -9-      LRB093 10792 RLC 11217 b
 1    becoming law.