093_HB0059enr

 
HB0059 Enrolled                      LRB093 02646 AMC 02656 b

 1        AN ACT concerning child care facilities.

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

 4        Section 5.  The Child Care Act  of  1969  is  amended  by
 5    changing Section 4.2 as follows:

 6        (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
 7        Sec.  4.2.   (a)  No applicant may receive a license from
 8    the Department and no person may be employed  by  a  licensed
 9    child care facility who refuses to authorize an investigation
10    as required by Section 4.1.
11        (b)  In addition to the other provisions of this Section,
12    no applicant may receive a license from the Department and no
13    person  may  be employed by a child care facility licensed by
14    the Department who has been  declared  a  sexually  dangerous
15    person  under  "An  Act  in  relation  to  sexually dangerous
16    persons, and providing for their  commitment,  detention  and
17    supervision", approved July 6, 1938, as amended, or convicted
18    of  committing  or  attempting to commit any of the following
19    offenses stipulated under the Criminal Code of 1961:
20             (1)  murder;
21             (1.1)  solicitation of murder;
22             (1.2)  solicitation of murder for hire;
23             (1.3)  intentional homicide of an unborn child;
24             (1.4)  voluntary manslaughter of an unborn child;
25             (1.5)  involuntary manslaughter;
26             (1.6)  reckless homicide;
27             (1.7)  concealment of a homicidal death;
28             (1.8)  involuntary manslaughter of an unborn child;
29             (1.9)  reckless homicide of an unborn child;
30             (1.10)  drug-induced homicide;
31             (2)  a sex offense under Article 11, except offenses
 
HB0059 Enrolled             -2-      LRB093 02646 AMC 02656 b
 1        described in Sections 11-7, 11-8, 11-12, and 11-13;
 2             (3)  kidnapping;
 3             (3.1)  aggravated unlawful restraint;
 4             (3.2)  forcible detention;
 5             (3.3)  harboring a runaway;
 6             (3.4)  aiding and abetting child abduction;
 7             (4)  aggravated kidnapping;
 8             (5)  child abduction;
 9             (6)  aggravated battery of a child;
10             (7)  criminal sexual assault;
11             (8)  aggravated criminal sexual assault;
12             (8.1)  predatory criminal sexual assault of a child;
13             (9)  criminal sexual abuse;
14             (10)  aggravated sexual abuse;
15             (11)  heinous battery;
16             (12)  aggravated battery with a firearm;
17             (13)  tampering with food, drugs, or cosmetics;
18             (14)  drug induced infliction of great bodily harm;
19             (15)  hate crime;
20             (16)  stalking;
21             (17)  aggravated stalking;
22             (18)  threatening public officials;
23             (19)  home invasion;
24             (20)  vehicular invasion;
25             (21)  criminal transmission of HIV;
26             (22)  criminal abuse or neglect  of  an  elderly  or
27        disabled person;
28             (23)  child abandonment;
29             (24)  endangering the life or health of a child;
30             (25)  ritual mutilation;
31             (26)  ritualized abuse of a child;
32             (27)  an offense in any other jurisdiction state the
33        elements  of  which  are  similar  and bear a substantial
34        relationship to any of the foregoing offenses.
 
HB0059 Enrolled             -3-      LRB093 02646 AMC 02656 b
 1        (b-1)  In  addition  to  the  other  provisions  of  this
 2    Section, beginning January 1, 2004, no new applicant and,  on
 3    the  date  of  licensure  renewal,  no  current  licensee may
 4    operate or receive a license from the Department to  operate,
 5    no  person may be employed by, and no adult person may reside
 6    in a child care facility licensed by the Department  who  has
 7    been  convicted  of committing or attempting to commit any of
 8    the  following  offenses  or  an   offense   in   any   other
 9    jurisdiction  the  elements  of  which are similar and bear a
10    substantial relationship to any of the following offenses:

11                           (I) BODILY HARM

12             (1)  Felony aggravated assault.
13             (2)  Vehicular endangerment.
14             (3)  Felony domestic battery.
15             (4)  Aggravated battery.
16             (5)  Heinous battery.
17             (6)  Aggravated battery with a firearm.
18             (7)  Aggravated battery of an unborn child.
19             (8)  Aggravated battery of a senior citizen.
20             (9)  Intimidation.
21             (10)  Compelling organization membership of persons.
22             (11)  Abuse and gross neglect of a  long  term  care
23        facility resident.
24             (12)  Felony violation of an order of protection.

25     (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

26             (1)  Felony unlawful use of weapons.
27             (2)  Aggravated discharge of a firearm.
28             (3)  Reckless discharge of a firearm.
29             (4)  Unlawful use of metal piercing bullets.
30             (5)  Unlawful  sale  or  delivery of firearms on the
31        premises of any school.
32             (6)  Disarming a police officer.

 
HB0059 Enrolled             -4-      LRB093 02646 AMC 02656 b
 1             (7)  Obstructing justice.
 2             (8)  Concealing or aiding a fugitive.
 3             (9)  Armed violence.
 4             (10)  Felony   contributing    to    the    criminal
 5        delinquency of a juvenile.

 6                         (III) DRUG OFFENSES

 7             (1)  Possession of more than 30 grams of cannabis.
 8             (2)  Manufacture of more than 10 grams of cannabis.
 9             (3)  Cannabis trafficking.
10             (4)  Delivery of cannabis on school grounds.
11             (5)  Unauthorized production of more than 5 cannabis
12        sativa plants.
13             (6)  Calculated criminal cannabis conspiracy.
14             (7)  Unauthorized   manufacture   or   delivery   of
15        controlled substances.
16             (8)  Controlled substance trafficking.
17             (9)  Manufacture,  distribution, or advertisement of
18        look-alike substances.
19             (10)  Calculated criminal drug conspiracy.
20             (11)  Street gang criminal drug conspiracy.
21             (12)  Permitting unlawful use of a building.
22             (13)  Delivery  of   controlled,   counterfeit,   or
23        look-alike  substances  to  persons  under  age 18, or at
24        truck stops, rest stops, or  safety  rest  areas,  or  on
25        school property.
26             (14)  Using, engaging, or employing persons under 18
27        to   deliver   controlled,   counterfeit,  or  look-alike
28        substances.
29             (15)  Delivery of controlled substances.
30             (16)  Sale or delivery of drug paraphernalia.
31             (17)  Felony  possession,  sale,  or   exchange   of
32        instruments  adapted for use of a controlled substance or
33        cannabis by subcutaneous injection.
 
HB0059 Enrolled             -5-      LRB093 02646 AMC 02656 b
 1             (18)  Felony possession of a controlled substance.
 2        (b-2)  For child care facilities other than foster family
 3    homes, the Department may issue a  new  child  care  facility
 4    license  to or renew the existing child care facility license
 5    of an applicant, a person employed by a child care  facility,
 6    or  an  applicant  who  has an adult residing in a home child
 7    care facility who was convicted of an  offense  described  in
 8    subsection   (b-1),   provided  that  all  of  the  following
 9    requirements are met:
10             (1)  The relevant  criminal  offense  occurred  more
11        than 5 years prior to the date of application or renewal,
12        except  for drug offenses. The relevant drug offense must
13        have occurred more than 10 years prior  to  the  date  of
14        application  or  renewal,  unless  the applicant passed a
15        drug test, arranged  and  paid  for  by  the  child  care
16        facility,   no   more   than  60  days  before  or  after
17        application or application for renewal.
18             (2)  The Department must conduct a background  check
19        and  assess  all  convictions  and recommendations of the
20        child care facility to determine if waiver shall apply in
21        accordance  with  Department  administrative  rules   and
22        procedures.
23             (3)  The  applicant meets all other requirements and
24        qualifications to be licensed as the  pertinent  type  of
25        child  care  facility under this Act and the Department's
26        administrative rules.
27        (c)  In addition to the other provisions of this  Section
28    set  forth  in  subsection  (b),  no  applicant may receive a
29    license from the Department to operate a foster family  home,
30    and  no  adult  person  may  reside  in  a foster family home
31    licensed  by  the  Department,  who  has  been  convicted  of
32    committing or attempting  to  commit  any  of  the  following
33    offenses  stipulated  under  the  Criminal  Code of 1961, the
34    Cannabis Control Act, and the Illinois Controlled  Substances
 
HB0059 Enrolled             -6-      LRB093 02646 AMC 02656 b
 1    Act:

 2              (I)  OFFENSES DIRECTED AGAINST THE PERSON

 3        (A)  KIDNAPPING AND RELATED OFFENSES
 4             (1)  Unlawful restraint.

 5        (B)  BODILY HARM
 6             (2)  Felony aggravated assault.
 7             (3)  Vehicular endangerment.
 8             (4)  Felony domestic battery.
 9             (5)  Aggravated battery.
10             (6)  Heinous battery.
11             (7)  Aggravated battery with a firearm.
12             (8)  Aggravated battery of an unborn child.
13             (9)  Aggravated battery of a senior citizen.
14             (10)  Intimidation.
15             (11)  Compelling organization membership of persons.
16             (12)  Abuse  and  gross  neglect of a long term care
17        facility resident.
18             (13)  Felony violation of an order of protection.

19              (II)  OFFENSES DIRECTED AGAINST PROPERTY

20             (14)  Felony theft.
21             (15)  Robbery.
22             (16)  Armed robbery.
23             (17)  Aggravated robbery.
24             (18)  Vehicular hijacking.
25             (19)  Aggravated vehicular hijacking.
26             (20)  Burglary.
27             (21)  Possession of burglary tools.
28             (22)  Residential burglary.
29             (23)  Criminal  fortification  of  a  residence   or
30        building.
31             (24)  Arson.
32             (25)  Aggravated arson.
 
HB0059 Enrolled             -7-      LRB093 02646 AMC 02656 b
 1             (26)  Possession    of    explosive   or   explosive
 2        incendiary devices.

 3    (III)  OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 4             (27)  Felony unlawful use of weapons.
 5             (28)  Aggravated discharge of a firearm.
 6             (29)  Reckless discharge of a firearm.
 7             (30)  Unlawful use of metal piercing bullets.
 8             (31)  Unlawful sale or delivery of firearms  on  the
 9        premises of any school.
10             (32)  Disarming a police officer.
11             (33)  Obstructing justice.
12             (34)  Concealing or aiding a fugitive.
13             (35)  Armed violence.
14             (36)  Felony    contributing    to    the   criminal
15        delinquency of a juvenile.

16                         (IV)  DRUG OFFENSES

17             (37)  Possession of more than 30 grams of cannabis.
18             (38)  Manufacture of more than 10 grams of cannabis.
19             (39)  Cannabis trafficking.
20             (40)  Delivery of cannabis on school grounds.
21             (41)  Unauthorized  production  of   more   than   5
22        cannabis sativa plants.
23             (42)  Calculated criminal cannabis conspiracy.
24             (43)  Unauthorized   manufacture   or   delivery  of
25        controlled substances.
26             (44)  Controlled substance trafficking.
27             (45)  Manufacture, distribution, or advertisement of
28        look-alike substances.
29             (46)  Calculated criminal drug conspiracy.
30             (46.5)  Streetgang criminal drug conspiracy.
31             (47)  Permitting unlawful use of a building.
32             (48)  Delivery  of   controlled,   counterfeit,   or
 
HB0059 Enrolled             -8-      LRB093 02646 AMC 02656 b
 1        look-alike  substances  to  persons  under  age 18, or at
 2        truck stops, rest stops, or  safety  rest  areas,  or  on
 3        school property.
 4             (49)  Using, engaging, or employing persons under 18
 5        to   deliver   controlled,   counterfeit,  or  look-alike
 6        substances.
 7             (50)  Delivery of controlled substances.
 8             (51)  Sale or delivery of drug paraphernalia.
 9             (52)  Felony  possession,  sale,  or   exchange   of
10        instruments  adapted for use of a controlled substance or
11        cannabis by subcutaneous injection.
12        (d)  Notwithstanding subsection (c), the  Department  may
13    issue  a  new  foster  family  home  license  or may renew an
14    existing foster family home license of an applicant  who  was
15    convicted of an offense described in subsection (c), provided
16    all of the following requirements are met:
17             (1)  The   relevant  criminal  offense  or  offenses
18        occurred  more  than  10  years  prior  to  the  date  of
19        application or renewal.
20             (2)  The  applicant  had  previously  disclosed  the
21        conviction or convictions to the Department for  purposes
22        of a background check.
23             (3)  After  the  disclosure,  the  Department either
24        placed a child in the home  or  the  foster  family  home
25        license was issued.
26             (4)  During the background check, the Department had
27        assessed and waived the conviction in compliance with the
28        existing  statutes and rules in effect at the time of the
29        waiver.
30             (5)  The applicant meets all other requirements  and
31        qualifications  to  be  licensed  as a foster family home
32        under this Act and the Department's administrative rules.
33             (6)  The applicant has  a  history  of  providing  a
34        safe,   stable  home  environment  and  appears  able  to
 
HB0059 Enrolled             -9-      LRB093 02646 AMC 02656 b
 1        continue to provide a safe, stable home environment.
 2    (Source: P.A. 91-357, eff. 7-29-99; 92-328, eff. 1-1-02.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.