HB3910 96TH GENERAL ASSEMBLY

LRB096 10381 DRJ 20551 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3910

Introduced 2/26/2009, by Rep. Sandra M. Pihos - Michael P. McAuliffe, Mark H. Beaubien, Jr., Mike Fortner, Michael G. Connelly, et al.

SYNOPSIS AS INTRODUCED:

210 ILCS 80/1.05 new
720 ILCS 5/26-1	from Ch. 38, par. 26-1

Amends the Hospital Emergency Service Act and the Criminal Code of 1961. Provides that if an emergency room staff member has reasonable cause to believe that (i) an individual known to him or her in the course of performing his or her duties as an emergency room staff member is a victim of domestic violence and (ii) the individual has not reported the domestic violence to a law enforcement agency, the emergency room staff member must immediately report the suspected domestic violence to a law enforcement agency. Provides that an individual or entity participating in good faith in the making of a report is immune from liability. Provides that a person who violates these provisions commits disorderly conduct, and provides criminal penalties for violations. Requires hospitals to report to the Department of Public Health by January 1, 2011 concerning their implementation of these provisions. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Hospital Emergency Service Act is amended by adding Section 1.05 as follows:

(210 ILCS 80/1.05 new)

Sec. 1.05. Mandatory reporting of suspected domestic violence.

(a) In this Section:

"Department" means the Department of Public Health.

"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Domestic Violence Act of 1986.

"Emergency room staff member" means any physician, resident, intern, nurse, or other person engaged in the examination, care, or treatment of persons in a hospital emergency room.

(b) If an emergency room staff member has reasonable cause to believe that (i) an individual known to him or her in the course of performing his or her duties as an emergency room staff member is a victim of domestic violence and (ii) the individual has not reported the domestic violence to a law enforcement agency, the emergency room staff member must immediately report the suspected domestic violence to a law enforcement agency or cause such a report to be made. The emergency room staff member may also notify his or her supervisor or other person in charge of the emergency room. The privileged quality of communication between any professional person required to report and his or her patient does not apply to situations involving victims of domestic violence for purposes of this Section and does not constitute grounds for failure to report as required by this Section.

(c) Any person, institution, or agency participating in good faith in the making of a report, or in the investigation of such a report, or in the taking of photographs or x-rays, or in making a disclosure of information concerning reports of suspected domestic violence in compliance with this Section, shall have immunity from any civil, criminal, or other liability that otherwise might result by reason of those actions. For the purpose of any civil or criminal proceedings, the good faith of any persons required to report cases of suspected domestic violence under this Section shall be presumed.

(d) Any person who enters into employment on or after the effective date of this amendatory Act of the 96th General Assembly and is mandated by virtue of that employment to report under this Section must sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding of the reporting requirements of this Section. The person must sign the statement before commencing employment. The employer must retain the signed statement. The employer shall bear the cost of printing, distributing, and filing the statement.

(e) A person who knowingly transmits a false report to a law enforcement agency under this Section commits the offense of disorderly conduct under subdivision (a)(7.5) of Section 26-1 of the Criminal Code of 1961. A person who violates this provision a second or subsequent time is guilty of a Class 3 felony.

A person who knowingly and willfully violates any provision of this Section, other than a second or subsequent violation of transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation; except that if the person acted as part of a plan or scheme having as its object the prevention of discovery of a victim of domestic violence by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the first or other prior offense).

(f) The Department shall provide copies of this Section, upon request, to every hospital in this State that operates an emergency room.

(g) No later than January 1, 2011, every hospital that operates an emergency room shall submit a report to the Department that describes the hospital's implementation of this Section. The Department shall prescribe the form and manner of submitting the report.

Section 10. The Criminal Code of 1961 is amended by changing Section 26-1 as follows:

(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

Sec. 26-1. Elements of the Offense.

(a) A person commits disorderly conduct when he knowingly:

(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

(2) Transmits or causes to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

(3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or

(4) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or

(5) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

(6) While acting as a collection agency as defined in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

(7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or

(7.5) Transmits or causes to be transmitted a false report to a law enforcement agency under Section 1.05 of the Hospital Emergency Service Act; or

(8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act; or

(9) Transmits or causes to be transmitted in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or

(10) Transmits or causes to be transmitted a false report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or

(11) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or

(12) Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.

(b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5), (a)(11), or (a)(12) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.

A violation of subsection (a)(6) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7), (a)(11), or (a)(12) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(5) of this Section is a Class 4 felony.

(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

This subsection does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 92-16, eff. 6-28-01; 92-502, eff. 12-19-01; 93-431, eff. 8-5-03.)

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