Full Text of HB5219 94th General Assembly
HB5219 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5219
Introduced 01/24/06, by Rep. David R. Leitch SYNOPSIS AS INTRODUCED: |
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20 ILCS 2630/3.2 |
from Ch. 38, par. 206-3.2 |
325 ILCS 5/7 |
from Ch. 23, par. 2057 |
325 ILCS 5/7.3 |
from Ch. 23, par. 2057.3 |
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Amends the Criminal Identification Act. Expands the circumstances under which medical personnel must notify local law enforcement of injuries. Requires notification for injuries that reasonably appear to have resulted from stabbing. Provides that injuries that must be reported by medical personnel if sustained in the commission of or as a victim of a criminal offense, include, but are not limited to: death, head injury (skull fracture, brain damage, or bleeding in the brain, such as subdural hematoma or shaken-baby syndrome), internal injury, burning, scalding, poison or noxious substance exposure, bone fracture, sexual penetration, and any other physical injury suggestive of or related to sexual molestation or sexual exploitation. Provides that any hospital, physician, or nurse who willfully fails to notify the local law enforcement agency as required shall be reported to the appropriate professional organizations and the Department of Financial and Professional Regulation for disciplinary action and, for a first offense, is guilty of a Class A misdemeanor. Sets forth that any person who violates this reporting requirement a second or subsequent time commits a Class 4 felony. Amends the Abused and Neglected Child Reporting Act. Provides that reports of suspected child abuse or neglect made to the
central register through the State-wide, toll-free telephone number shall
be immediately transmitted to the appropriate local law enforcement agency. Provides that all oral reports made by the Department of Children and Family Services to local law enforcement personnel and
the office of the State's Attorney of the involved county shall be
confirmed in writing within 24 (instead of 48) hours of the oral report. Provides that the Department may adopt rules expressly allowing law enforcement personnel to investigate reports of suspected child abuse or neglect concurrently with the Department, without regard to whether the Department determines a report to be "indicated" or "unfounded" or deems a report to be "undetermined". Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB5219 |
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LRB094 19234 RSP 54801 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Identification Act is amended by | 5 |
| changing Section 3.2 as follows:
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| (20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)
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| Sec. 3.2. It is the duty of any person conducting or | 8 |
| operating a medical facility,
or any physician or nurse as soon | 9 |
| as treatment permits to notify the local
law enforcement agency | 10 |
| of that jurisdiction upon the application for
treatment of a | 11 |
| person (adult or minor) who is not accompanied by a law | 12 |
| enforcement officer,
when it reasonably appears that the person | 13 |
| requesting treatment has
received:
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| (1) any injury resulting from the discharge of a | 15 |
| firearm or stabbing ; or
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| (2) any injury sustained in the commission of or as a | 17 |
| victim of a
criminal offense , including, but not limited | 18 |
| to: death, head injury (skull fracture, brain damage, or | 19 |
| bleeding in the brain, such as subdural hematoma or | 20 |
| shaken-baby syndrome), internal injury, burning, scalding, | 21 |
| poison or noxious substance exposure, bone fracture, | 22 |
| sexual penetration, and any other physical injury | 23 |
| suggestive of or related to sexual molestation or sexual | 24 |
| exploitation .
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| Any hospital, physician or nurse shall be forever held | 26 |
| harmless from
any civil liability for their reasonable | 27 |
| compliance with the provisions of
this Section. | 28 |
| Any hospital, physician, or nurse who willfully fails to | 29 |
| notify the local law enforcement agency as required by this | 30 |
| Section shall be reported to the appropriate professional | 31 |
| organizations and the Department of Financial and Professional | 32 |
| Regulation for disciplinary action and, for a first offense, is |
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HB5219 |
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LRB094 19234 RSP 54801 b |
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| guilty of a Class A misdemeanor. Any person who violates this | 2 |
| Section a second or subsequent time is guilty of a Class 4 | 3 |
| felony.
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| (Source: P.A. 86-1475.)
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| Section 10. The Abused and Neglected Child Reporting Act is | 6 |
| amended by changing Sections 7 and 7.3 as follows:
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| (325 ILCS 5/7) (from Ch. 23, par. 2057)
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| Sec. 7. Time and manner of making reports. All reports of | 9 |
| suspected
child abuse or neglect made
under this Act shall be | 10 |
| made immediately by telephone to the central register
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| established under Section 7.7 on the single, State-wide, | 12 |
| toll-free telephone
number established in Section 7.6, or in | 13 |
| person or by telephone through
the nearest Department office. | 14 |
| The Department shall, in cooperation with
school officials, | 15 |
| distribute
appropriate materials in school buildings
listing | 16 |
| the toll-free telephone number established in Section 7.6,
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| including methods of making a report under this Act.
The | 18 |
| Department may, in cooperation with appropriate members of the | 19 |
| clergy,
distribute appropriate materials in churches, | 20 |
| synagogues, temples, mosques, or
other religious buildings | 21 |
| listing the toll-free telephone number
established in Section | 22 |
| 7.6, including methods of making a report under this
Act.
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| Wherever the Statewide number is posted, there shall also | 24 |
| be posted the
following notice:
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| "Any person who knowingly transmits a false report to the | 26 |
| Department
commits the offense of disorderly conduct under | 27 |
| subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | 28 |
| A first violation of this
subsection is a Class A misdemeanor, | 29 |
| punishable by a term of imprisonment
for up to one year, or by | 30 |
| a fine not to exceed $1,000, or by both such term
and fine. A | 31 |
| second or subsequent violation is a Class 4 felony."
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| The report required by this Act shall include, if known, | 33 |
| the name
and address of the child and his parents or other | 34 |
| persons having his
custody; the child's age; the nature of the |
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HB5219 |
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LRB094 19234 RSP 54801 b |
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| child's condition including any
evidence of previous injuries | 2 |
| or disabilities; and any other information
that the person | 3 |
| filing the report believes might be helpful in
establishing the | 4 |
| cause of such abuse or neglect and the identity of the
person | 5 |
| believed to have caused such abuse or neglect. Reports made to | 6 |
| the
central register through the State-wide, toll-free | 7 |
| telephone number shall
be immediately transmitted to the | 8 |
| appropriate Child Protective Service
Unit and to the | 9 |
| appropriate local law enforcement agency . The Department shall | 10 |
| within 24 hours orally notify local law
enforcement personnel | 11 |
| and the office of the State's Attorney of the
involved county | 12 |
| of the receipt of any report alleging the death of a child,
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| serious injury to a child including, but not limited to, brain | 14 |
| damage,
skull fractures, subdural hematomas, and, internal | 15 |
| injuries, torture of a
child, malnutrition of a child, and | 16 |
| sexual abuse to a child, including, but
not limited to, sexual | 17 |
| intercourse, sexual exploitation, sexual
molestation, and | 18 |
| sexually transmitted disease in a child age
twelve and under. | 19 |
| All
oral reports made by the Department to local law | 20 |
| enforcement personnel and
the office of the State's Attorney of | 21 |
| the involved county shall be
confirmed in writing within 24
48 | 22 |
| hours of the oral report. All reports by
persons mandated to | 23 |
| report under this Act shall be confirmed in writing to
the | 24 |
| appropriate Child Protective Service Unit, which may be on | 25 |
| forms
supplied by the Department, within 48 hours of any | 26 |
| initial report.
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| Written confirmation reports from persons not required to | 28 |
| report by this
Act may be made to the appropriate Child | 29 |
| Protective Service Unit. Written
reports from persons required | 30 |
| by this Act to report shall be admissible
in evidence in any | 31 |
| judicial proceeding relating to child abuse or neglect.
Reports | 32 |
| involving known or suspected child abuse or neglect in public | 33 |
| or
private residential agencies or institutions shall be made | 34 |
| and received
in the same manner as all other reports made under | 35 |
| this Act.
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| (Source: P.A. 92-801, eff. 8-16-02.)
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LRB094 19234 RSP 54801 b |
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| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
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| Sec. 7.3. | 3 |
| (a) The Department shall be the sole agency responsible for | 4 |
| receiving
and investigating reports of child abuse or neglect | 5 |
| made under this Act,
except where investigations by other | 6 |
| agencies may be required with
respect to reports alleging the | 7 |
| death of a child, serious injury to a child
or sexual abuse to | 8 |
| a child made pursuant to Sections 4.1 or 7 of this Act,
and | 9 |
| except that the Department may delegate the performance of the
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| investigation to the Department of State Police, a law | 11 |
| enforcement agency
and to those private social service agencies | 12 |
| which have been designated for
this purpose by the Department | 13 |
| prior to July 1, 1980.
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| (b) Notwithstanding any other provision of this Act, the | 15 |
| Department may adopt rules expressly allowing law enforcement | 16 |
| personnel to investigate reports of suspected child abuse or | 17 |
| neglect concurrently with the Department, without regard to | 18 |
| whether the Department determines a report to be "indicated" or | 19 |
| "unfounded" or deems a report to be "undetermined".
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| (Source: P.A. 85-1440.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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