093_SB1035sam005











                                     LRB093 10792 RLC 14394 a

 1                    AMENDMENT TO SENATE BILL 1035

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

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

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

10        (325 ILCS 5/4) (from Ch. 23, par. 2054)
11        Sec.   4.  Persons   required   to   report;   privileged
12    communications; transmitting false  report.   Any  physician,
13    resident,   intern,   hospital,  hospital  administrator  and
14    personnel engaged  in  examination,  care  and  treatment  of
15    persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
16    chiropractor,   podiatrist,  physician  assistant,  substance
17    abuse treatment personnel,  Christian  Science  practitioner,
18    funeral home director or employee, coroner, medical examiner,
19    emergency  medical  technician, acupuncturist, crisis line or
20    hotline personnel,  school  personnel,  educational  advocate
21    assigned  to  a  child  pursuant  to  the School Code, truant
 
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 1    officers,  social  worker,  social  services   administrator,
 2    domestic   violence   program  personnel,  registered  nurse,
 3    licensed  practical  nurse,  respiratory  care  practitioner,
 4    advanced practice nurse, home health aide, director or  staff
 5    assistant  of  a  nursery  school or a child day care center,
 6    recreational program or facility personnel,  law  enforcement
 7    officer,   registered  psychologist  and  assistants  working
 8    under the direct supervision of a psychologist, psychiatrist,
 9    or  field personnel of the Illinois Department of Public Aid,
10    Public Health, Human Services (acting  as  successor  to  the
11    Department  of  Mental Health and Developmental Disabilities,
12    Rehabilitation Services, or Public Aid),  Corrections,  Human
13    Rights,  or  Children  and  Family  Services,  supervisor and
14    administrator of general assistance under the Illinois Public
15    Aid Code, probation officer,  or  any  other  foster  parent,
16    homemaker  or  child  care  worker having reasonable cause to
17    believe a child  known  to  them  in  their  professional  or
18    official capacity may be an abused child or a neglected child
19    shall  immediately report or cause a report to be made to the
20    Department.
21        Any member of  the  clergy  having  reasonable  cause  to
22    believe  that  a  child known to that member of the clergy in
23    his or her professional capacity may be an  abused  child  as
24    defined  in  item  (c) of the definition of "abused child" in
25    Section 3 of this Act shall immediately  report  or  cause  a
26    report to be made to the Department.
27        Whenever such person is required to report under this Act
28    in  his  capacity  as  a  member of the staff of a medical or
29    other public or  private  institution,  school,  facility  or
30    agency,  or  as  a member of the clergy, he shall make report
31    immediately  to  the  Department  in  accordance   with   the
32    provisions  of  this  Act  and  may also notify the person in
33    charge of such institution, school, facility  or  agency,  or
34    church,   synagogue,   temple,  mosque,  or  other  religious
 
                            -3-      LRB093 10792 RLC 14394 a
 1    institution, or his designated agent  that  such  report  has
 2    been made.  Under no circumstances shall any person in charge
 3    of  such  institution, school, facility or agency, or church,
 4    synagogue, temple, mosque, or other religious institution, or
 5    his designated agent to whom such notification has been made,
 6    exercise any control, restraint, modification or other change
 7    in the report  or  the  forwarding  of  such  report  to  the
 8    Department.
 9        The  privileged  quality  of  communication  between  any
10    professional  person  required  to  report and his patient or
11    client shall not apply  to  situations  involving  abused  or
12    neglected  children  and  shall  not  constitute  grounds for
13    failure to report as required by this Act.
14        A member of the clergy  may  claim  the  privilege  under
15    Section 8-803 of the Code of Civil Procedure.
16        In  addition  to  the  above  persons  required to report
17    suspected cases of abused or neglected  children,  any  other
18    person  may make a report if such person has reasonable cause
19    to believe a child may be an  abused  child  or  a  neglected
20    child.
21        Any  person  who enters into employment on and after July
22    1, 1986 and is mandated  by  virtue  of  that  employment  to
23    report  under  this  Act,  shall  sign  a statement on a form
24    prescribed by the Department, to the effect that the employee
25    has knowledge and understanding of the reporting requirements
26    of  this  Act.   The  statement  shall  be  signed  prior  to
27    commencement of the employment.  The signed  statement  shall
28    be   retained   by  the  employer.   The  cost  of  printing,
29    distribution, and filing of the statement shall be  borne  by
30    the employer.
31        The  Department  shall  provide  copies of this Act, upon
32    request, to all employers  employing  persons  who  shall  be
33    required under the provisions of this Section to report under
34    this Act.
 
                            -4-      LRB093 10792 RLC 14394 a
 1        Any  person who knowingly transmits a false report to the
 2    Department commits the offense of  disorderly  conduct  under
 3    subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
 4    1961". Any person who violates this  provision  a  second  or
 5    subsequent time shall be guilty of a Class 4 felony.
 6        Any  person  who  knowingly  and  willfully  violates any
 7    provision of this Section other than a second  or  subsequent
 8    violation  of transmitting a false report as described in the
 9    preceding paragraph, is guilty of a Class A misdemeanor for a
10    first violation  and  a  Class  4  felony  for  a  second  or
11    subsequent violation.
12        A child whose parent, guardian or custodian in good faith
13    selects  and  depends  upon  spiritual  means  through prayer
14    alone for the treatment or cure of disease or  remedial  care
15    may  be  considered neglected or abused, but not for the sole
16    reason that his parent, guardian  or  custodian  accepts  and
17    practices such beliefs.
18        A  child  shall  not  be  considered  neglected or abused
19    solely  because  the  child  is  not  attending   school   in
20    accordance  with the requirements of Article 26 of the School
21    Code, as amended.
22    (Source: P.A. 91-259,  eff.  1-1-00;  91-516,  eff.  8-13-99;
23    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

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

26        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
27        Sec. 3-6.  Extended limitations. The period within  which
28    a  prosecution  must  be  commenced  under  the provisions of
29    Section 3-5 or other applicable statute is extended under the
30    following conditions:
31        (a)  A prosecution for theft  involving  a  breach  of  a
32    fiduciary obligation to the aggrieved person may be commenced
 
                            -5-      LRB093 10792 RLC 14394 a
 1    as follows:
 2             (1)  If  the aggrieved person is a minor or a person
 3        under legal disability, then during the minority or legal
 4        disability or  within  one  year  after  the  termination
 5        thereof.
 6             (2)  In  any  other  instance, within one year after
 7        the discovery of the offense by an aggrieved  person,  or
 8        by  a  person  who  has  legal  capacity  to represent an
 9        aggrieved person or  has  a  legal  duty  to  report  the
10        offense,  and  is  not  himself or herself a party to the
11        offense; or in the absence of such discovery, within  one
12        year  after  the proper prosecuting officer becomes aware
13        of the offense. However, in no such case is the period of
14        limitation so extended  more  than  3  years  beyond  the
15        expiration of the period otherwise applicable.
16        (b)  A  prosecution for any offense based upon misconduct
17    in office by a public officer or employee  may  be  commenced
18    within  one  year  after discovery of the offense by a person
19    having a legal duty to report such offense, or in the absence
20    of  such  discovery,  within  one  year  after   the   proper
21    prosecuting officer becomes aware of the offense. However, in
22    no  such  case  is  the period of limitation so extended more
23    than 3 years beyond the expiration of  the  period  otherwise
24    applicable.
25        (c)  Except  as  otherwise  provided in subsection (a) of
26    Section 3-5 of this Code and subdivision (i) or (j)  of  this
27    Section,  a  prosecution  for  any  offense  involving sexual
28    conduct or sexual penetration, as defined in Section 12-12 of
29    this Code, where the victim and defendant are family members,
30    as defined in Section 12-12 of this Code,  may  be  commenced
31    within one year of the victim attaining the age of 18 years.
32        (d)  A   prosecution   for  child  pornography,  indecent
33    solicitation  of  a  child,   soliciting   for   a   juvenile
34    prostitute,  juvenile  pimping or exploitation of a child may
 
                            -6-      LRB093 10792 RLC 14394 a
 1    be commenced within one year of the victim attaining the  age
 2    of  18  years. However, in no such case shall the time period
 3    for  prosecution  expire  sooner  than  3  years  after   the
 4    commission of the offense.  When the victim is under 18 years
 5    of  age,  a  prosecution  for  criminal  sexual  abuse may be
 6    commenced within one year of the victim attaining the age  of
 7    18 years.  However, in no such case shall the time period for
 8    prosecution  expire  sooner than 3 years after the commission
 9    of the offense.
10        (e)  Except as otherwise provided in subdivision  (j),  a
11    prosecution  for  any  offense  involving  sexual  conduct or
12    sexual penetration, as defined in Section 12-12 of this Code,
13    where the defendant was within a  professional  or  fiduciary
14    relationship   or   a  purported  professional  or  fiduciary
15    relationship with the victim at the time of the commission of
16    the offense may  be  commenced  within  one  year  after  the
17    discovery of the offense by the victim.
18        (f)  A  prosecution  for any offense set forth in Section
19    44 of the "Environmental Protection Act", approved  June  29,
20    1970,  as  amended, may be commenced within 5 years after the
21    discovery of such an offense by a person or agency having the
22    legal duty to report the offense or in the  absence  of  such
23    discovery,  within  5  years  after  the  proper  prosecuting
24    officer becomes aware of the offense.
25        (g)  (Blank).
26        (h)  (Blank).
27        (i)  Except  as  otherwise provided in subdivision (j), a
28    prosecution for criminal sexual assault, aggravated  criminal
29    sexual  assault,  or  aggravated criminal sexual abuse may be
30    commenced within 10 years of the commission of the offense if
31    the  victim  reported  the   offense   to   law   enforcement
32    authorities  within  2  years  after  the  commission  of the
33    offense.
34        Nothing in this subdivision (i)  shall  be  construed  to
 
                            -7-      LRB093 10792 RLC 14394 a
 1    shorten a period within which a prosecution must be commenced
 2    under any other provision of this Section.
 3        (j)  When the victim is under 18 years of age at the time
 4    of  the  offense,  a prosecution for criminal sexual assault,
 5    aggravated criminal sexual assault, predatory criminal sexual
 6    assault of a child, or aggravated criminal sexual abuse or  a
 7    prosecution for failure of a person who is required to report
 8    an  alleged  or suspected commission of any of these offenses
 9    under the Abused and Neglected Child  Reporting  Act  may  be
10    commenced  within  20  years  10 years after the child victim
11    attains 18 years of age.
12        Nothing in this subdivision (j)  shall  be  construed  to
13    shorten a period within which a prosecution must be commenced
14    under any other provision of this Section.
15    (Source:  P.A.  91-475,  eff.  1-1-00;  91-801, eff. 6-13-00;
16    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

17        Section 15.  The Code of Civil Procedure  is  amended  by
18    changing Section 13-202.2 as follows:

19        (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
20        Sec. 13-202.2. Childhood sexual abuse.
21        (a)  In this Section:
22        "Childhood  sexual  abuse"  means  an act of sexual abuse
23    that occurs when the person abused is under 18 years of age.
24        "Sexual abuse" includes but  is  not  limited  to  sexual
25    conduct and sexual penetration as defined in Section 12-12 of
26    the Criminal Code of 1961.
27        (b)  Notwithstanding  any  other  provision  of  law,  an
28    action  for  damages  for  personal injury based on childhood
29    sexual abuse must be commenced within 10 years  of  the  date
30    the  limitation  period begins to run under subsection (d) or
31    within 5 2 years of the date the person abused  discovers  or
32    through  the use of reasonable diligence should discover both
 
                            -8-      LRB093 10792 RLC 14394 a
 1    (i) that the act of childhood sexual abuse occurred and  (ii)
 2    that the injury was caused by the childhood sexual abuse. The
 3    fact  that  the person abused discovers or through the use of
 4    reasonable  diligence  should  discover  that  the   act   of
 5    childhood sexual abuse occurred is not, by itself, sufficient
 6    to  start  the  discovery  period  under this subsection (b).
 7    Knowledge of the abuse does not constitute discovery  of  the
 8    injury    or    the    causal    relationship   between   any
 9    later-discovered injury and the abuse.
10        (c)  If the injury  is  caused  by  2  or  more  acts  of
11    childhood  sexual  abuse that are part of a continuing series
12    of acts of childhood sexual abuse by the  same  abuser,  then
13    the  discovery  period under subsection (b) shall be computed
14    from the date the person abused discovers or through the  use
15    of  reasonable  diligence  should  discover both (i) that the
16    last act of childhood sexual abuse in the  continuing  series
17    occurred  and  (ii)  that the injury was caused by any act of
18    childhood sexual abuse in the  continuing  series.  The  fact
19    that  the  person  abused  discovers  or  through  the use of
20    reasonable diligence should discover that  the  last  act  of
21    childhood  sexual  abuse in the continuing series occurred is
22    not, by itself, sufficient  to  start  the  discovery  period
23    under  subsection  (b).  Knowledge  of  the  abuse  does  not
24    constitute discovery of the injury or the causal relationship
25    between any later-discovered injury and the abuse.
26        (d)  The  limitation  periods under subsection (b) do not
27    begin to run before the person abused attains the age  of  18
28    years;  and, if at the time the person abused attains the age
29    of 18 years he or she is under other  legal  disability,  the
30    limitation  periods  under subsection (b) do not begin to run
31    until the removal of the disability.
32        (d-1)  The limitation periods in subsection  (b)  do  not
33    run during a time period when the person abused is subject to
34    threats,  intimidation, manipulation, or fraud perpetrated by
 
                            -9-      LRB093 10792 RLC 14394 a
 1    the abuser or by any person acting in  the  interest  of  the
 2    abuser.
 3        (e)  This  Section  applies  to  actions  pending  on the
 4    effective date of this amendatory Act of 1990 as well  as  to
 5    actions  commenced on or after that date. The changes made by
 6    this amendatory Act of  1993  shall  apply  only  to  actions
 7    commenced  on  or after the effective date of this amendatory
 8    Act of 1993. The changes made by this amendatory Act  of  the
 9    93rd  General  Assembly  apply  to  actions  pending  on  the
10    effective  date  of  this  amendatory Act of the 93rd General
11    Assembly as well as actions commenced on or after that date.
12    (Source: P.A. 88-127.)

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