HB4089 95TH GENERAL ASSEMBLY

LRB095 11644 RAS 33779 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4089

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.40 new
105 ILCS 5/34-18.34 new
30 ILCS 805/8.31 new

Amends the School Code. Provides that if a school district, upon request, provides information to another school district concerning the job performance or qualifications of an applicant for employment who is a current or former employee of the school district providing the information and that school district suspects that the current or former employee has abused a minor, then that school district shall inform the school district requesting the information of this suspicion. Provides that any school district, school board, or person participating in good faith in providing information of suspected abuse of a minor under these provisions shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of such action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by adding Sections 10-20.40 and 34-18.34 as follows:

(105 ILCS 5/10-20.40 new)

Sec. 10-20.40. Former employees; report suspected child abuse to new employer.

(a) In this Section, "abuse of a minor" means:

(1) inflicting, causing to be inflicted, or allowing to be inflicted upon a minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(2) creating a substantial risk of physical injury to a minor by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(3) committing or allowing to be committed any sex offense against a minor, as such sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children under 18 years of age;

(4) committing or allowing to be committed an act or acts of torture upon a minor;

(5) inflicting excessive corporal punishment upon a minor;

(6) committing or allowing to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 1961, against a minor; or

(7) causing to be sold, transferred, distributed, or given to a minor, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act, in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to a minor in a manner that substantially complies with the prescription.

(b) If a school district, upon request, provides information to another school district concerning the job performance or qualifications of an applicant for employment who is a current or former employee of the school district providing the information and that school district suspects that the current or former employee has abused a minor, then that school district shall inform the school district requesting the information of this suspicion.

(c) Any school district, school board, or person participating in good faith in providing information of suspected abuse of a minor under this Section shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of such action. For the purpose of any civil or criminal proceedings, the good faith of any persons required to provide information on suspected abuse of a minor under this Section shall be presumed.

(105 ILCS 5/34-18.34 new)

Sec. 34-18.34. Former employees; report suspected child abuse to new employer.

(a) In this Section, "abuse of a minor" means:

(1) inflicting, causing to be inflicted, or allowing to be inflicted upon a minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(2) creating a substantial risk of physical injury to a minor by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(3) committing or allowing to be committed any sex offense against a minor, as such sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children under 18 years of age;

(4) committing or allowing to be committed an act or acts of torture upon a minor;

(5) inflicting excessive corporal punishment upon a minor;

(6) committing or allowing to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 1961, against a minor; or

(7) causing to be sold, transferred, distributed, or given to a minor, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act, in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to a minor in a manner that substantially complies with the prescription.

(b) If the school district, upon request, provides information to another school district concerning the job performance or qualifications of an applicant for employment who is a current or former employee of the school district and the school district suspects that the current or former employee has abused a minor, then the school district shall inform the school district requesting the information of this suspicion.

(c) The school district, the board, and any person participating in good faith in providing information of suspected abuse of a minor under this Section shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of such action. For the purpose of any civil or criminal proceedings, the good faith of any persons required to provide information on suspected abuse of a minor under this Section shall be presumed.

Section 90. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

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