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Full Text of SB1035  93rd General Assembly

SB1035sam001 93rd General Assembly


093_SB1035sam001











                                     LRB093 10792 RLC 12628 a

 1                    AMENDMENT TO SENATE BILL 1035

 2        AMENDMENT NO.     .  Amend Senate Bill 1035 as follows:
 3    by replacing the title with the following:
 4        "AN ACT in relation to child abuse."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

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

 9        (325 ILCS 5/4) (from Ch. 23, par. 2054)
10        Sec.   4.  Persons   required   to   report;   privileged
11    communications;  transmitting  false  report.  Any physician,
12    resident,  intern,  hospital,  hospital   administrator   and
13    personnel  engaged  in  examination,  care  and  treatment of
14    persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
15    chiropractor,  podiatrist,  physician  assistant,   substance
16    abuse  treatment  personnel,  Christian Science practitioner,
17    funeral home director or employee, coroner, medical examiner,
18    emergency medical technician, acupuncturist, crisis  line  or
19    hotline  personnel,  school  personnel,  educational advocate
20    assigned to a child  pursuant  to  the  School  Code,  truant
21    officers,   social  worker,  social  services  administrator,
 
                            -2-      LRB093 10792 RLC 12628 a
 1    domestic  violence  program  personnel,   registered   nurse,
 2    licensed  practical  nurse,  respiratory  care  practitioner,
 3    advanced  practice nurse, home health aide, director or staff
 4    assistant of a nursery school or a  child  day  care  center,
 5    recreational  program  or facility personnel, law enforcement
 6    officer,   registered  psychologist  and  assistants  working
 7    under the direct supervision of a psychologist, psychiatrist,
 8    or field personnel of the Illinois Department of Public  Aid,
 9    Public  Health,  Human  Services  (acting as successor to the
10    Department of Mental Health and  Developmental  Disabilities,
11    Rehabilitation  Services,  or Public Aid), Corrections, Human
12    Rights, or  Children  and  Family  Services,  supervisor  and
13    administrator of general assistance under the Illinois Public
14    Aid  Code,  probation  officer,  or  any other foster parent,
15    homemaker or child care worker  having  reasonable  cause  to
16    believe  a  child  known  to  them  in  their professional or
17    official capacity may be an abused child or a neglected child
18    shall immediately report or cause a report to be made to  the
19    Department.
20        Any  member  of  the  clergy  having  reasonable cause to
21    believe that a child known to that member of  the  clergy  in
22    his  or  her  professional capacity may be an abused child as
23    defined in item (c) of the definition of  "abused  child"  in
24    Section  3  of  this  Act shall immediately report or cause a
25    report to be made to the Department.
26        Whenever such person is required to report under this Act
27    in his capacity as a member of the  staff  of  a  medical  or
28    other  public  or  private  institution,  school, facility or
29    agency, or as a member of the clergy, he  shall  make  report
30    immediately   to   the  Department  in  accordance  with  the
31    provisions of this Act and may  also  notify  the  person  in
32    charge  of  such  institution, school, facility or agency, or
33    church,  synagogue,  temple,  mosque,  or   other   religious
34    institution,  or  his  designated  agent that such report has
 
                            -3-      LRB093 10792 RLC 12628 a
 1    been made.  Under no circumstances shall any person in charge
 2    of such institution, school, facility or agency,  or  church,
 3    synagogue, temple, mosque, or other religious institution, or
 4    his designated agent to whom such notification has been made,
 5    exercise any control, restraint, modification or other change
 6    in  the  report  or  the  forwarding  of  such  report to the
 7    Department.
 8        The  privileged  quality  of  communication  between  any
 9    professional person required to report  and  his  patient  or
10    client  shall  not  apply  to  situations involving abused or
11    neglected children  and  shall  not  constitute  grounds  for
12    failure to report as required by this Act.
13        Except as otherwise provided in subsection (b) of Section
14    8-803  of the Code of Civil Procedure, a member of the clergy
15    may claim the privilege under Section 8-803 of  the  Code  of
16    Civil Procedure.
17        In  addition  to  the  above  persons  required to report
18    suspected cases of abused or neglected  children,  any  other
19    person  may make a report if such person has reasonable cause
20    to believe a child may be an  abused  child  or  a  neglected
21    child.
22        Any  person  who enters into employment on and after July
23    1, 1986 and is mandated  by  virtue  of  that  employment  to
24    report  under  this  Act,  shall  sign  a statement on a form
25    prescribed by the Department, to the effect that the employee
26    has knowledge and understanding of the reporting requirements
27    of  this  Act.   The  statement  shall  be  signed  prior  to
28    commencement of the employment.  The signed  statement  shall
29    be   retained   by  the  employer.   The  cost  of  printing,
30    distribution, and filing of the statement shall be  borne  by
31    the employer.
32        The  Department  shall  provide  copies of this Act, upon
33    request, to all employers  employing  persons  who  shall  be
34    required under the provisions of this Section to report under
 
                            -4-      LRB093 10792 RLC 12628 a
 1    this Act.
 2        Any  person who knowingly transmits a false report to the
 3    Department commits the offense of  disorderly  conduct  under
 4    subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
 5    1961". Any person who violates this  provision  a  second  or
 6    subsequent time shall be guilty of a Class 4 felony.
 7        Any  person  who  knowingly  and  willfully  violates any
 8    provision of this Section other than a second  or  subsequent
 9    violation  of transmitting a false report as described in the
10    preceding paragraph, is guilty of a Class A misdemeanor for a
11    first violation  and  a  Class  4  felony  for  a  second  or
12    subsequent violation.
13        A child whose parent, guardian or custodian in good faith
14    selects  and  depends  upon  spiritual  means  through prayer
15    alone for the treatment or cure of disease or  remedial  care
16    may  be  considered neglected or abused, but not for the sole
17    reason that his parent, guardian  or  custodian  accepts  and
18    practices such beliefs.
19        A  child  shall  not  be  considered  neglected or abused
20    solely  because  the  child  is  not  attending   school   in
21    accordance  with the requirements of Article 26 of the School
22    Code, as amended.
23    (Source: P.A. 91-259,  eff.  1-1-00;  91-516,  eff.  8-13-99;
24    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

25        Section  10.  The  Criminal  Code  of  1961 is amended by
26    changing Section 3-6 as follows:

27        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
28        Sec. 3-6.  Extended limitations. The period within  which
29    a  prosecution  must  be  commenced  under  the provisions of
30    Section 3-5 or other applicable statute is extended under the
31    following conditions:
32        (a)  A prosecution for theft  involving  a  breach  of  a
 
                            -5-      LRB093 10792 RLC 12628 a
 1    fiduciary obligation to the aggrieved person may be commenced
 2    as follows:
 3             (1)  If  the aggrieved person is a minor or a person
 4        under legal disability, then during the minority or legal
 5        disability or  within  one  year  after  the  termination
 6        thereof.
 7             (2)  In  any  other  instance, within one year after
 8        the discovery of the offense by an aggrieved  person,  or
 9        by  a  person  who  has  legal  capacity  to represent an
10        aggrieved person or  has  a  legal  duty  to  report  the
11        offense,  and  is  not  himself or herself a party to the
12        offense; or in the absence of such discovery, within  one
13        year  after  the proper prosecuting officer becomes aware
14        of the offense. However, in no such case is the period of
15        limitation so extended  more  than  3  years  beyond  the
16        expiration of the period otherwise applicable.
17        (b)  A  prosecution for any offense based upon misconduct
18    in office by a public officer or employee  may  be  commenced
19    within  one  year  after discovery of the offense by a person
20    having a legal duty to report such offense, or in the absence
21    of  such  discovery,  within  one  year  after   the   proper
22    prosecuting officer becomes aware of the offense. However, in
23    no  such  case  is  the period of limitation so extended more
24    than 3 years beyond the expiration of  the  period  otherwise
25    applicable.
26        (c)  Except  as  otherwise  provided in subsection (a) of
27    Section 3-5 of this Code and subdivision (i) or (j)  of  this
28    Section,  a  prosecution  for  any  offense  involving sexual
29    conduct or sexual penetration, as defined in Section 12-12 of
30    this Code, where the victim and defendant are family members,
31    as defined in Section 12-12 of this Code,  may  be  commenced
32    within one year of the victim attaining the age of 18 years.
33        (d)  A   prosecution   for  child  pornography,  indecent
34    solicitation  of  a  child,   soliciting   for   a   juvenile
 
                            -6-      LRB093 10792 RLC 12628 a
 1    prostitute,  juvenile  pimping or exploitation of a child may
 2    be commenced within one year of the victim attaining the  age
 3    of  18  years. However, in no such case shall the time period
 4    for  prosecution  expire  sooner  than  3  years  after   the
 5    commission of the offense.  When the victim is under 18 years
 6    of  age,  a  prosecution  for  criminal  sexual  abuse may be
 7    commenced within one year of the victim attaining the age  of
 8    18 years.  However, in no such case shall the time period for
 9    prosecution  expire  sooner than 3 years after the commission
10    of the offense.
11        (e)  Except as otherwise provided in subdivision  (j),  a
12    prosecution  for  any  offense  involving  sexual  conduct or
13    sexual penetration, as defined in Section 12-12 of this Code,
14    where the defendant was within a  professional  or  fiduciary
15    relationship   or   a  purported  professional  or  fiduciary
16    relationship with the victim at the time of the commission of
17    the offense may  be  commenced  within  one  year  after  the
18    discovery of the offense by the victim.
19        (f)  A  prosecution  for any offense set forth in Section
20    44 of the "Environmental Protection Act", approved  June  29,
21    1970,  as  amended, may be commenced within 5 years after the
22    discovery of such an offense by a person or agency having the
23    legal duty to report the offense or in the  absence  of  such
24    discovery,  within  5  years  after  the  proper  prosecuting
25    officer becomes aware of the offense.
26        (g)  (Blank).
27        (h)  (Blank).
28        (i)  Except  as  otherwise provided in subdivision (j), a
29    prosecution for criminal sexual assault, aggravated  criminal
30    sexual  assault,  or  aggravated criminal sexual abuse may be
31    commenced within 10 years of the commission of the offense if
32    the  victim  reported  the   offense   to   law   enforcement
33    authorities  within  2  years  after  the  commission  of the
34    offense.
 
                            -7-      LRB093 10792 RLC 12628 a
 1        Nothing in this subdivision (i)  shall  be  construed  to
 2    shorten a period within which a prosecution must be commenced
 3    under any other provision of this Section.
 4        (j)  When the victim is under 18 years of age at the time
 5    of  the  offense,  a prosecution for criminal sexual assault,
 6    aggravated criminal sexual assault, predatory criminal sexual
 7    assault of a child, or aggravated criminal sexual abuse or  a
 8    prosecution for failure of a person who is required to report
 9    an  alleged  or suspected commission of any of these offenses
10    under the Abused and Neglected Child  Reporting  Act  may  be
11    commenced  at any time within 10 years after the child victim
12    attains 18 years of age.
13        Nothing in this subdivision (j)  shall  be  construed  to
14    shorten a period within which a prosecution must be commenced
15    under any other provision of this Section.
16    (Source:  P.A.  91-475,  eff.  1-1-00;  91-801, eff. 6-13-00;
17    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

18        Section 15.  The Code of Civil Procedure  is  amended  by
19    changing Sections 8-803 and 13-202.2 as follows:

20        (735 ILCS 5/8-803) (from Ch. 110, par. 8-803)
21        Sec. 8-803.  Clergy.
22        (a)  Except  as  otherwise  provided in subsection (b), a
23    clergyman  or  practitioner  of  any  religious  denomination
24    accredited by the religious body to which he or she  belongs,
25    shall  not  be  compelled to disclose in any court, or to any
26    administrative board or agency, or to any public  officer,  a
27    confession  or  admission  made  to  him or her in his or her
28    professional character or  as  a  spiritual  advisor  in  the
29    course  of  the discipline enjoined by the rules or practices
30    of such religious body or of the religion  which  he  or  she
31    professes,  nor be compelled to divulge any information which
32    has  been  obtained  by  him  or  her  in  such  professional
 
                            -8-      LRB093 10792 RLC 12628 a
 1    character or as such spiritual advisor.
 2        (b)  In  an  investigation  or  prosecution  of  a   case
 3    involving  an  abused  child  as  defined in Section 3 of the
 4    Abused and Neglected Child  Reporting  Act,  a  clergyman  or
 5    practitioner  of any religious denomination accredited by the
 6    religious body to which he or she belongs shall be  compelled
 7    to  disclose  in any court, or to any administrative board or
 8    agency, or to any public officer, an admission made to him or
 9    her in his or her capacity as an advisor not in the course of
10    the discipline enjoined by the  rules  or  practices  of  the
11    religious   body  or  religion  to  which  the  clergyman  or
12    practitioner professes and shall be compelled to divulge that
13    information which has been obtained by him  or  her  in  that
14    capacity.
15    (Source: P.A. 82-280.)

16        (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
17        Sec. 13-202.2. Childhood sexual abuse.
18        (a)  In this Section:
19        "Childhood  sexual  abuse"  means  an act of sexual abuse
20    that occurs when the person abused is under 18 years of age.
21        "Sexual abuse" includes but  is  not  limited  to  sexual
22    conduct and sexual penetration as defined in Section 12-12 of
23    the Criminal Code of 1961.
24        (b)  An  action  for damages for personal injury based on
25    childhood sexual abuse must be commenced at any time within 2
26    years of the date the person abused discovers or through  the
27    use  of  reasonable diligence should discover that the act of
28    childhood sexual abuse  occurred  and  that  the  injury  was
29    caused by the childhood sexual abuse.
30        (c)  (Blank) If the injury is caused by 2 or more acts of
31    childhood  sexual  abuse that are part of a continuing series
32    of acts of childhood sexual abuse by the  same  abuser,  then
33    the  discovery  period under subsection (b) shall be computed
 
                            -9-      LRB093 10792 RLC 12628 a
 1    from the date the person abused discovers or through the  use
 2    of reasonable diligence should discover (i) that the last act
 3    of  childhood  sexual abuse in the continuing series occurred
 4    and (ii) that the injury was caused by any act  of  childhood
 5    sexual abuse in the continuing series.
 6        (d)  (Blank) The  limitation periods under subsection (b)
 7    do not begin to run before the person abused attains the  age
 8    of  18  years;  and, if at the time the person abused attains
 9    the  age  of  18  years  he  or  she  is  under  other  legal
10    disability, the limitation periods under  subsection  (b)  do
11    not begin to run until the removal of the disability.
12        (e)  This  Section  applies  to  actions  pending  on the
13    effective date of this amendatory Act of 1990 as well  as  to
14    actions  commenced on or after that date. The changes made by
15    this amendatory Act of  1993  shall  apply  only  to  actions
16    commenced  on  or after the effective date of this amendatory
17    Act of 1993. The changes made by this amendatory Act  of  the
18    93rd  General  Assembly shall apply only to actions commenced
19    on or after the effective date of this amendatory Act of  the
20    93rd General Assembly.
21    (Source: P.A. 88-127.)

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