Illinois General Assembly - Full Text of HB3304
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Full Text of HB3304  101st General Assembly

HB3304 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3304

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 80/4.5 new
105 ILCS 5/10-23.14 new

    Amends the Children's Advocacy Center Act. Provides that schools in a county with an accredited Children's Advocacy Center shall not proceed with interviews of a student regarding an alleged incident of sexual abuse, regardless of whether the student is a victim, witness, or alleged perpetrator, until the school receives written approval from an appropriate law enforcement agency or the Department of Children and Family Services. Allows a law enforcement agency or the Department to object to an interview allowed by the other entity and no interview may be done until both approve. Allows an investigating body of a school to view a forensic interview under specified circumstances. Includes legislative findings and defines a term. Amends the School Code making conforming changes. Effective July 1, 2019.


LRB101 09747 AWJ 54848 b

 

 

A BILL FOR

 

HB3304LRB101 09747 AWJ 54848 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children's Advocacy Center Act is amended by
5adding Section 4.5 as follows:
 
6    (55 ILCS 80/4.5 new)
7    Sec. 4.5. Sexual abuse interviews at schools.
8    (a) As used in this Section, "alleged incidents of sexual
9abuse" is limited to: incidents of sexual abuse which are
10alleged to have been perpetrated by school personnel; if the
11alleged sexual abuse occurs on school grounds or during a
12school activity; or when school personnel became aware of
13alleged sexual abuse of a child which occurs outside of school
14grounds or a school activity.
15    (b) The General Assembly finds:
16        (1) multiple interviews of a child regarding incidents
17    of sexual abuse can induce significant trauma for the
18    child;
19        (2) it is desirable to prevent multiple interviews of a
20    child at a school; and
21        (3) it is important to recognize the role of CACs in
22    conducting developmentally appropriate forensic
23    interviews.

 

 

HB3304- 2 -LRB101 09747 AWJ 54848 b

1    (c) Schools in a county with an accredited CAC shall not
2proceed with interviews of a student regarding an alleged
3incident of sexual abuse, regardless of whether the student is
4a victim, witness, or alleged perpetrator, until the school
5receives written approval from an appropriate law enforcement
6agency or the Department of Children and Family Services. The
7restrictions of this subsection shall apply only after school
8personnel becomes aware that the incident which is being
9investigated is sexual in nature.
10    (d) If an appropriate law enforcement agency gives written
11approval to a school under subsection (b), it shall also notify
12the Department of Children and Family Services of the approval.
13If the Department of Children and Family Services gives written
14approval to a school under subsection (b), it shall also notify
15the appropriate law enforcement agency of the approval. If
16either the appropriate law enforcement agency or the Department
17of Children and Family Services objects to the written approval
18granted to a school by the other entity, then the objecting
19entity shall notify the school as soon as possible and the
20school, upon receipt of the notification, shall not proceed
21with an interview under subsection (c) until it receives
22written approval from both the appropriate law enforcement
23agency and the Department of Children and Family Services.
24    (e) The CAC's multidisciplinary team may grant the
25investigating body of the school permission to view the
26digitally recorded forensic interview for the purposes of their

 

 

HB3304- 3 -LRB101 09747 AWJ 54848 b

1internal investigation if it meets the following requirements:
2(1) it serves the purpose of removing the requirement of
3further interviews of the child; and (2) if consent for the
4viewing is given by the child and parent or guardian.
5    (f) This Section applies to all public schools operated
6under the School Code, including public schools located in
7cities having a population of more than 500,000, a school
8operated 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 of the School Code, and schools recognized by
14the Illinois State Board of Education.
 
15    Section 10. The School Code is amended by adding Section
1610-23.14 as follows:
 
17    (105 ILCS 5/10-23.14 new)
18    Sec. 10-23.14. Sexual abuse interviews at schools. To adopt
19and implement a policy addressing sexual abuse interviews at
20school consistent with Section 4.5 of the Children's Advocacy
21Center Act.
 
22    Section 99. Effective date. This Act takes effect July 1,
232019.