HB4040 101ST GENERAL ASSEMBLY

LRB101 15183 LNS 64907 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4040

Introduced 1/13/2020, by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-9005	from Ch. 34, par. 3-9005
705 ILCS 405/2-35 new
750 ILCS 5/603.9 new
750 ILCS 46/808.1 new
755 ILCS 5/11-7.2 new

Amends the Juvenile Court Act of 1987, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 2015, and the Probate Act of 1975. Provides that a State's Attorney, within 5 days of the filing of a charge that a person has committed an illegal act perpetrated upon a victim less than 18 years of age, including, but not limited to, certain violations the Articles of the Criminal Code of 2012 concerning sex offenses and bodily harm, shall determine whether the person or his or her minor child is a party or subject to a proceeding under the applicable Act. Provides that if the person or his or her minor child is a party or subject to such a proceeding, the State's Attorney shall notify the court having jurisdiction over the matter. Provides that the notification shall be in a form and manner as determined by the clerk of the court, and shall include the case number and caption, if known. Provides that if a notification expressly indicates that it includes facts that constitute confidential personnel matters, the clerk of the court shall place the notification under seal. Provides that upon the receipt of a notification, the clerk of the court shall schedule the matter related to the notification for a hearing no later than 30 days after the receipt of the notification, and shall send no less than 10 days' notice of the hearing to each party to the proceeding. Provides that after the hearing, the court shall make a written finding whether modification or restriction of the person's access to the child is appropriate. Provides that the court may enter any order that it deems appropriate, including, but not limited to, a requirement that visitation be conducted under the supervision of an employee of the Department of Children and Family Services. Makes a corresponding change in the Counties Code.

A BILL FOR

AN ACT concerning children.

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

Section 5. The Counties Code is amended by changing Section 3-9005 as follows:

(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)

Sec. 3-9005. Powers and duties of State's Attorney.

(a) The duty of each State's Attorney shall be:

(1) To commence and prosecute all actions, suits, indictments and prosecutions, civil and criminal, in the circuit court for his county, in which the people of the State or county may be concerned.

(2) To prosecute all forfeited bonds and recognizances, and all actions and proceedings for the recovery of debts, revenues, moneys, fines, penalties and forfeitures accruing to the State or his county, or to any school district or road district in his county; also, to prosecute all suits in his county against railroad or transportation companies, which may be prosecuted in the name of the People of the State of Illinois.

(3) To commence and prosecute all actions and proceedings brought by any county officer in his official capacity.

(4) To defend all actions and proceedings brought against his county, or against any county or State officer, in his official capacity, within his county.

(5) To attend the examination of all persons brought before any judge on habeas corpus, when the prosecution is in his county.

(6) To attend before judges and prosecute charges of felony or misdemeanor, for which the offender is required to be recognized to appear before the circuit court, when in his power so to do.

(7) To give his opinion, without fee or reward, to any county officer in his county, upon any question or law relating to any criminal or other matter, in which the people or the county may be concerned.

(8) To assist the Attorney General whenever it may be necessary, and in cases of appeal from his county to the Supreme Court, to which it is the duty of the Attorney General to attend, he shall furnish the Attorney General at least 10 days before such is due to be filed, a manuscript of a proposed statement, brief and argument to be printed and filed on behalf of the people, prepared in accordance with the rules of the Supreme Court. However, if such brief, argument or other document is due to be filed by law or order of court within this 10-day period, then the State's Attorney shall furnish such as soon as may be reasonable.

(9) To pay all moneys received by him in trust, without delay, to the officer who by law is entitled to the custody thereof.

(10) To notify, by first class mail, complaining witnesses of the ultimate disposition of the cases arising from an indictment or an information.

(11) To perform such other and further duties as may, from time to time, be enjoined on him by law.

(12) To appear in all proceedings by collectors of taxes against delinquent taxpayers for judgments to sell real estate, and see that all the necessary preliminary steps have been legally taken to make the judgment legal and binding.

(13) To notify, by first-class mail, the State Superintendent of Education, the applicable regional superintendent of schools, and the superintendent of the employing school district or the chief school administrator of the employing nonpublic school, if any, upon the conviction of any individual known to possess a certificate or license issued pursuant to Article 21 or 21B, respectively, of the School Code of any offense set forth in Section 21B-80 of the School Code or any other felony conviction, providing the name of the certificate holder, the fact of the conviction, and the name and location of the court where the conviction occurred. The certificate holder must also be contemporaneously sent a copy of the notice.

(14) To send notifications as required by Section 2-35 of the Juvenile Court Act of 1987, Section 603.9 of the Illinois Marriage and Dissolution of Marriage Act, Section 808.1 of the Illinois Parentage Act of 2015, and Section 11-7.2 of the Probate Act of 1975.

(b) The State's Attorney of each county shall have authority to appoint one or more special investigators to serve subpoenas and summonses, make return of process, and conduct investigations which assist the State's Attorney in the performance of his duties. In counties of the first and second class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-5001 of this Act, except when increased by county ordinance as provided for in Section 4-5001. In counties of the third class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-12001 of this Act. A special investigator shall not carry firearms except with permission of the State's Attorney and only while carrying appropriate identification indicating his employment and in the performance of his assigned duties.

Subject to the qualifications set forth in this subsection, special investigators shall be peace officers and shall have all the powers possessed by investigators under the State's Attorneys Appellate Prosecutor's Act.

No special investigator employed by the State's Attorney shall have peace officer status or exercise police powers unless he or she successfully completes the basic police training course mandated and approved by the Illinois Law Enforcement Training Standards Board or such board waives the training requirement by reason of the special investigator's prior law enforcement experience or training or both. Any State's Attorney appointing a special investigator shall consult with all affected local police agencies, to the extent consistent with the public interest, if the special investigator is assigned to areas within that agency's jurisdiction.

Before a person is appointed as a special investigator, his fingerprints shall be taken and transmitted to the Department of State Police. The Department shall examine its records and submit to the State's Attorney of the county in which the investigator seeks appointment any conviction information concerning the person on file with the Department. No person shall be appointed as a special investigator if he has been convicted of a felony or other offense involving moral turpitude. A special investigator shall be paid a salary and be reimbursed for actual expenses incurred in performing his assigned duties. The county board shall approve the salary and actual expenses and appropriate the salary and expenses in the manner prescribed by law or ordinance.

(c) The State's Attorney may request and receive from employers, labor unions, telephone companies, and utility companies location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. In this subsection, "location information" means information about (i) the physical whereabouts of a putative father or noncustodial parent, (ii) the putative father or noncustodial parent's employer, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the putative father or noncustodial parent or by a labor union of which the putative father or noncustodial parent is a member.

(d) (Blank).

(e) The State's Attorney shall have the authority to enter into a written agreement with the Department of Revenue for pursuit of civil liability under subsection (E) of Section 17-1 of the Criminal Code of 2012 against persons who have issued to the Department checks or other orders in violation of the provisions of paragraph (1) of subsection (B) of Section 17-1 of the Criminal Code of 2012, with the Department to retain the amount owing upon the dishonored check or order along with the dishonored check fee imposed under the Uniform Penalty and Interest Act, with the balance of damages, fees, and costs collected under subsection (E) of Section 17-1 of the Criminal Code of 2012 or under Section 17-1a of that Code to be retained by the State's Attorney. The agreement shall not affect the allocation of fines and costs imposed in any criminal prosecution.

(Source: P.A. 101-275, eff. 8-9-19.)

Section 10. The Juvenile Court Act of 1987 is amended by adding Section 2-35 as follows:

(705 ILCS 405/2-35 new)

Sec. 2-35. Criminal allegations affecting safety of minor child.

(a) A State's Attorney, upon the filing of a charge that a person has committed an illegal act perpetrated upon a victim less than 18 years of age, including, but not limited to, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 2012, shall determine whether the person or his or her minor child is a party or subject to a proceeding under this Article. If the person or his or her minor child is a party or subject to such a proceeding, the State's Attorney shall notify the court having jurisdiction over the matter. The State's Attorney shall send the notification no later than 5 days after the filing of the charge.

(b) The notification required by this Section shall be in a form and manner as determined by the clerk of the court, and shall include the case number and caption of the relevant proceeding under this Article, if known. If a notification under this Section expressly indicates that it includes facts that constitute confidential personnel matters, the clerk of the court shall place the notification under seal.

(c) Upon the receipt of a notification under this Section, the clerk of the court shall schedule the matter related to the notification for a hearing no later than 30 days after the receipt of the notification, and shall send no less than 10 days' notice of the hearing to each party to the proceeding. After the hearing, the court shall make a written finding whether modification or restriction of the person's access to the child is appropriate, taking into consideration the factors required by this Article. The court may enter any order that it deems appropriate, including, but not limited to, a requirement that visitation be conducted under the supervision of an employee of the Department of Children and Family Services.

Section 15. The Illinois Marriage and Dissolution of Marriage Act is amended by adding Section 603.9 as follows:

(750 ILCS 5/603.9 new)

Sec. 603.9. Criminal allegations affecting safety of minor child.

(a) A State's Attorney, upon the filing of a charge that a person has committed an illegal act perpetrated upon a victim less than 18 years of age, including, but not limited to, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 2012, shall determine whether the person or his or her minor child is a party or subject to a proceeding under this Act. If the person or his or her minor child is a party or subject to such a proceeding, the State's Attorney shall notify the court having jurisdiction over the matter. The State's Attorney shall send the notification no later than 5 days after the filing of the charge.

(b) The notification required by this Section shall be in a form and manner as determined by the clerk of the court, and shall include the case number and caption of the relevant proceeding under this Article, if known. If a notification under this Section expressly indicates that it includes facts that constitute confidential personnel matters, the clerk of the court shall place the notification under seal.

(c) Upon the receipt of a notification under this Section, the clerk of the court shall schedule the matter related to the notification for a hearing no later than 30 days after the receipt of the notification, and shall send no less than 10 days' notice of the hearing to each party to the proceeding. After the hearing, the court shall make a written finding whether modification or restriction of the person's access to the child is appropriate, taking into consideration the factors required by this Act. The court may enter any order that it deems appropriate, including, but not limited to, a requirement that visitation be conducted under the supervision of an employee of the Department of Children and Family Services.

Section 20. The Illinois Parentage Act of 2015 is amended by adding Section 808.1 as follows:

(750 ILCS 46/808.1 new)

Sec. 808.1. Criminal allegations affecting safety of minor child.

(a) A State's Attorney, upon the filing of a charge that a person has committed an illegal act perpetrated upon a victim less than 18 years of age, including, but not limited to, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 2012, shall determine whether the person or his or her minor child is a party or subject to a proceeding under this Act. If the person or his or her minor child is a party or subject to such a proceeding, the State's Attorney shall notify the court having jurisdiction over the matter. The State's Attorney shall send the notification no later than 5 days after the filing of the charge.

(b) The notification required by this Section shall be in a form and manner as determined by the clerk of the court, and shall include the case number and caption of the relevant proceeding under this Article, if known. If a notification under this Section expressly indicates that it includes facts that constitute confidential personnel matters, the clerk of the court shall place the notification under seal.

(c) Upon the receipt of a notification under this Section, the clerk of the court shall schedule the matter related to the notification for a hearing no later than 30 days after the receipt of the notification, and shall send no less than 10 days' notice of the hearing to each party to the proceeding. After the hearing, the court shall make a written finding whether modification or restriction of the person's access to the child is appropriate, taking into consideration the factors required by this Act. The court may enter any order that it deems appropriate, including, but not limited to, a requirement that visitation be conducted under the supervision of an employee of the Department of Children and Family Services.

Section 25. The Probate Act of 1975 is amended by adding Section 11-7.2 as follows:

(755 ILCS 5/11-7.2 new)

Sec. 11-7.2. Criminal allegations affecting safety of minor child.

(a) A State's Attorney, upon the filing of a charge that a person has committed an illegal act perpetrated upon a victim less than 18 years of age, including, but not limited to, a violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 2012, shall determine whether the person or his or her minor child is a party or subject to a proceeding under this Article. If the person or his or her minor child is a party or subject to such a proceeding, the State's Attorney shall notify the court having jurisdiction over the matter. The State's Attorney shall send the notification no later than 5 days after the filing of the charge.

(b) The notification required by this Section shall be in a form and manner as determined by the clerk of the court, and shall include the case number and caption of the relevant proceeding under this Article, if known. If a notification under this Section expressly indicates that it includes facts that constitute confidential personnel matters, the clerk of the court shall place the notification under seal.

(c) Upon the receipt of a notification under this Section, the clerk of the court shall schedule the matter related to the notification for a hearing no later than 30 days after the receipt of the notification, and shall send no less than 10 days' notice of the hearing to each party to the proceeding. After the hearing, the court shall make a written finding whether modification or restriction of the person's access to the child is appropriate, taking into consideration the factors required by this Article. The court may enter any order that it deems appropriate, including, but not limited to, a requirement that visitation be conducted under the supervision of an employee of the Department of Children and Family Services.