093_HB2902

 
                                     LRB093 04409 DRJ 04459 b

 1        AN ACT in relation to children.

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

 4        Section  5.  The Abused and Neglected Child Reporting Act
 5    is amended by changing Section 4 as follows:

 6        (325 ILCS 5/4) (from Ch. 23, par. 2054)
 7        Sec.   4.  Persons   required   to   report;   privileged
 8    communications; transmitting false  report.   Any  physician,
 9    resident,   intern,   hospital,  hospital  administrator  and
10    personnel engaged  in  examination,  care  and  treatment  of
11    persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
12    chiropractor,   podiatrist,  physician  assistant,  substance
13    abuse treatment personnel,  Christian  Science  practitioner,
14    funeral home director or employee, coroner, medical examiner,
15    emergency  medical  technician, acupuncturist, crisis line or
16    hotline personnel,  school  personnel,  educational  advocate
17    assigned  to  a  child  pursuant  to  the School Code, truant
18    officers,  social  worker,  social  services   administrator,
19    domestic   violence   program  personnel,  registered  nurse,
20    licensed  practical  nurse,  respiratory  care  practitioner,
21    advanced practice nurse, home health aide, director or  staff
22    assistant  of  a  nursery  school or a child day care center,
23    recreational program or facility personnel,  law  enforcement
24    officer,   registered  psychologist  and  assistants  working
25    under the direct supervision of a psychologist, psychiatrist,
26    or  field personnel of the Illinois Department of Public Aid,
27    Public Health, Human Services (acting  as  successor  to  the
28    Department  of  Mental Health and Developmental Disabilities,
29    Rehabilitation Services, or Public Aid),  Corrections,  Human
30    Rights,  or  Children  and  Family  Services,  supervisor and
31    administrator of general assistance under the Illinois Public
 
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 1    Aid Code, probation officer,  or  any  other  foster  parent,
 2    homemaker  or  child  care  worker having reasonable cause to
 3    believe a child  known  to  them  in  their  professional  or
 4    official capacity may be an abused child or a neglected child
 5    shall  immediately report or cause a report to be made to the
 6    Department.
 7        Any member of  the  clergy  having  reasonable  cause  to
 8    believe  that  a  child known to that member of the clergy in
 9    his or her professional capacity may be an  abused  child  as
10    defined  in  item  (c) of the definition of "abused child" in
11    Section 3 of this Act shall immediately  report  or  cause  a
12    report to be made to the Department.
13        Whenever such person is required to report under this Act
14    in  his  capacity  as  a  member of the staff of a medical or
15    other public or  private  institution,  school,  facility  or
16    agency,  or  as  a member of the clergy, he shall make report
17    immediately  to  the  Department  in  accordance   with   the
18    provisions  of  this  Act  and  may also notify the person in
19    charge of such institution, school, facility  or  agency,  or
20    church,   synagogue,   temple,  mosque,  or  other  religious
21    institution, or his designated agent  that  such  report  has
22    been made.  Under no circumstances shall any person in charge
23    of  such  institution, school, facility or agency, or church,
24    synagogue, temple, mosque, or other religious institution, or
25    his designated agent to whom such notification has been made,
26    exercise any control, restraint, modification or other change
27    in the report  or  the  forwarding  of  such  report  to  the
28    Department.
29        The  privileged  quality  of  communication  between  any
30    professional  person  required  to  report and his patient or
31    client shall not apply  to  situations  involving  abused  or
32    neglected  children  and  shall  not  constitute  grounds for
33    failure to report as required by this Act.
34        A member of the clergy  may  claim  the  privilege  under
 
                            -3-      LRB093 04409 DRJ 04459 b
 1    Section 8-803 of the Code of Civil Procedure.
 2        In  addition  to  the  above  persons  required to report
 3    suspected cases of abused or neglected  children,  any  other
 4    person  may make a report if such person has reasonable cause
 5    to believe a child may be an  abused  child  or  a  neglected
 6    child.
 7        Any  person  who enters into employment on and after July
 8    1, 1986 and is mandated  by  virtue  of  that  employment  to
 9    report  under  this  Act,  shall  sign  a statement on a form
10    prescribed by the Department, to the effect that the employee
11    has knowledge and understanding of the reporting requirements
12    of  this  Act.   The  statement  shall  be  signed  prior  to
13    commencement of the employment.  The signed  statement  shall
14    be   retained   by  the  employer.   The  cost  of  printing,
15    distribution, and filing of the statement shall be  borne  by
16    the employer.
17        The  Department  shall  provide  copies of this Act, upon
18    request, to all employers  employing  persons  who  shall  be
19    required under the provisions of this Section to report under
20    this Act.
21        Any  person who knowingly transmits a false report to the
22    Department commits the offense of  disorderly  conduct  under
23    subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
24    1961". Any person who violates this  provision  a  second  or
25    subsequent time shall be guilty of a Class 3 4 felony.
26        Any  person  who  knowingly  and  willfully  violates any
27    provision of this Section other than a second  or  subsequent
28    violation  of transmitting a false report as described in the
29    preceding  paragraph,  is  guilty  of  a  Class  4  felony  A
30    misdemeanor for a first violation and a Class 3 4 felony  for
31    a second or subsequent violation.
32        A child whose parent, guardian or custodian in good faith
33    selects  and  depends  upon  spiritual  means  through prayer
34    alone for the treatment or cure of disease or  remedial  care
 
                            -4-      LRB093 04409 DRJ 04459 b
 1    may  be  considered neglected or abused, but not for the sole
 2    reason that his parent, guardian  or  custodian  accepts  and
 3    practices such beliefs.
 4        A  child  shall  not  be  considered  neglected or abused
 5    solely  because  the  child  is  not  attending   school   in
 6    accordance  with the requirements of Article 26 of the School
 7    Code, as amended.
 8    (Source: P.A. 91-259,  eff.  1-1-00;  91-516,  eff.  8-13-99;
 9    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

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

12        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
13        Sec. 26-1.  Elements of the Offense.
14        (a)  A  person  commits  disorderly   conduct   when   he
15    knowingly:
16             (1)  Does  any act in such unreasonable manner as to
17        alarm or disturb another and to provoke a breach  of  the
18        peace; or
19             (2)  Transmits  or  causes  to be transmitted in any
20        manner to the fire department of any city, town,  village
21        or  fire  protection  district  a  false  alarm  of fire,
22        knowing at the time of such transmission that there is no
23        reasonable ground for believing that such fire exists; or
24             (3)  Transmits or causes to be  transmitted  in  any
25        manner to another a false alarm to the effect that a bomb
26        or  other  explosive of any nature or a container holding
27        poison gas, a deadly biological or chemical  contaminant,
28        or  radioactive substance is concealed in such place that
29        its explosion  or  release  would  endanger  human  life,
30        knowing at the time of such transmission that there is no
31        reasonable ground for believing that such bomb, explosive
32        or a container holding poison gas, a deadly biological or
 
                            -5-      LRB093 04409 DRJ 04459 b
 1        chemical   contaminant,   or   radioactive  substance  is
 2        concealed in such place; or
 3             (4)  Transmits or causes to be  transmitted  in  any
 4        manner  to  any  peace  officer, public officer or public
 5        employee a report to the effect that an offense  will  be
 6        committed,  is  being  committed,  or has been committed,
 7        knowing at the time of such transmission that there is no
 8        reasonable ground for believing that such an offense will
 9        be committed, is being committed, or has been  committed;
10        or
11             (5)  Enters  upon  the property of another and for a
12        lewd  or  unlawful  purpose  deliberately  looks  into  a
13        dwelling on the property  through  any  window  or  other
14        opening in it; or
15             (6)  While  acting as a collection agency as defined
16        in the "Collection Agency Act" or as an employee of  such
17        collection  agency,  and  while  attempting to collect an
18        alleged debt, makes  a  telephone  call  to  the  alleged
19        debtor  which  is designed to harass, annoy or intimidate
20        the alleged debtor; or
21             (7)  Transmits or causes to be transmitted  a  false
22        report  to the Department of Children and Family Services
23        under Section  4  of  the  "Abused  and  Neglected  Child
24        Reporting Act"; or
25             (8)  Transmits  or  causes to be transmitted a false
26        report to the  Department  of  Public  Health  under  the
27        Nursing Home Care Act; or
28             (9)  Transmits  or  causes  to be transmitted in any
29        manner to the police department or fire department of any
30        municipality  or  fire  protection   district,   or   any
31        privately  owned  and operated ambulance service, a false
32        request   for    an    ambulance,    emergency    medical
33        technician-ambulance       or      emergency      medical
34        technician-paramedic knowing at  the  time  there  is  no
 
                            -6-      LRB093 04409 DRJ 04459 b
 1        reasonable  ground  for believing that such assistance is
 2        required; or
 3             (10)  Transmits or causes to be transmitted a  false
 4        report under Article II of "An Act in relation to victims
 5        of  violence  and abuse", approved September 16, 1984, as
 6        amended; or
 7             (11)  Transmits or causes to be transmitted a  false
 8        report to any public safety agency without the reasonable
 9        grounds  necessary  to  believe  that transmitting such a
10        report is necessary for the safety  and  welfare  of  the
11        public; or
12             (12)  Calls  the  number  "911"  for  the purpose of
13        making or transmitting a false  alarm  or  complaint  and
14        reporting  information  when,  at  the  time  the call or
15        transmission is  made,  the  person  knows  there  is  no
16        reasonable ground for making the call or transmission and
17        further  knows that the call or transmission could result
18        in the emergency response of any public safety agency.
19        (b)  Sentence.  A violation of subsection (a)(1) of  this
20    Section  is a Class C misdemeanor.  A violation of subsection
21    (a)(5), (a)(7), (a)(11), or (a)(12)  of  this  Section  is  a
22    Class  A  misdemeanor.   A  violation of subsection (a)(8) or
23    (a)(10)  of  this  Section  is  a  Class  B  misdemeanor.   A
24    violation of subsection (a)(2), (a)(4), (a)(7), or (a)(9)  of
25    this  Section is a Class 4 felony.  A violation of subsection
26    (a)(3) of this Section is a Class 3 felony, for which a  fine
27    of  not  less  than  $3,000 and no more than $10,000 shall be
28    assessed in addition to any other penalty imposed.
29        A violation of subsection (a)(6) of  this  Section  is  a
30    Business  Offense  and  shall  be  punished  by a fine not to
31    exceed  $3,000.   A  second  or   subsequent   violation   of
32    subsection  (a)(7),  (a)(11), or (a)(12) of this Section is a
33    Class  4  felony.   A  third  or  subsequent   violation   of
34    subsection (a)(5) of this Section is a Class 4 felony.
 
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 1        (c)  In  addition  to  any  other  sentence  that  may be
 2    imposed,  a  court  shall  order  any  person  convicted   of
 3    disorderly  conduct to perform community service for not less
 4    than 30 and not more than 120 hours, if community service  is
 5    available  in  the jurisdiction and is funded and approved by
 6    the  county  board  of  the  county  where  the  offense  was
 7    committed.  In addition, whenever any  person  is  placed  on
 8    supervision  for  an  alleged offense under this Section, the
 9    supervision shall be conditioned upon the performance of  the
10    community service.
11        This  subsection  does not apply when the court imposes a
12    sentence of incarceration.
13    (Source: P.A. 91-115,  eff.  1-1-00;  91-121,  eff.  7-15-99;
14    92-16, eff. 6-28-01; 92-502, eff. 12-19-01.)

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