Full Text of HB3170 95th General Assembly
HB3170ham001 95TH GENERAL ASSEMBLY
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Rep. Dan Brady
Filed: 3/27/2007
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| AMENDMENT TO HOUSE BILL 3170
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| AMENDMENT NO. ______. Amend House Bill 3170 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by adding Sections | 5 |
| 10-20.40 and 34-18.34 as follows: | 6 |
| (105 ILCS 5/10-20.40 new) | 7 |
| Sec. 10-20.40. Former employees; report suspected child | 8 |
| abuse to new employer.
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| (a) In this Section, "abuse of a minor" means: | 10 |
| (1) inflicting, causing to be inflicted, or allowing to | 11 |
| be
inflicted upon
a minor physical injury, by other than | 12 |
| accidental means, which causes
death, disfigurement, | 13 |
| impairment of physical or
emotional health, or loss or | 14 |
| impairment of any bodily function; | 15 |
| (2) creating a substantial risk of physical injury to a
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| minor by
other than accidental means which would be likely |
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LRB095 06980 RAS 34640 a |
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| to cause death,
disfigurement, impairment of physical or | 2 |
| emotional health, or loss or
impairment of any bodily | 3 |
| function; | 4 |
| (3) committing or allowing to be committed any sex | 5 |
| offense against
a minor,
as such sex offenses are defined | 6 |
| in the Criminal Code of 1961 and extending those | 7 |
| definitions of sex offenses to include children under
18 | 8 |
| years of age; | 9 |
| (4) committing or allowing to be committed an act or | 10 |
| acts of
torture upon
a minor; | 11 |
| (5) inflicting excessive corporal punishment upon a | 12 |
| minor; | 13 |
| (6) committing or allowing to be committed
the offense | 14 |
| of
female
genital mutilation, as defined in Section 12-34 | 15 |
| of the Criminal Code of
1961, against a minor; or | 16 |
| (7) causing to be sold, transferred, distributed, or | 17 |
| given to
a minor, a controlled substance as defined in | 18 |
| Section 102 of the
Illinois Controlled Substances Act, in | 19 |
| violation of Article IV of the Illinois
Controlled | 20 |
| Substances Act or in violation of the Methamphetamine | 21 |
| Control and Community Protection Act, except for | 22 |
| controlled substances that are prescribed
in accordance | 23 |
| with Article III of the Illinois Controlled Substances Act | 24 |
| and
are dispensed to a minor in a manner that substantially | 25 |
| complies with the
prescription.
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| (b) If a school district, upon request, provides |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| information to another school district concerning the job | 2 |
| performance or qualifications of an applicant for employment | 3 |
| who is a current or former employee of the school district | 4 |
| providing the information and that school district suspects | 5 |
| that the current or former employee has abused a minor, then | 6 |
| that school district shall inform the school district | 7 |
| requesting the information of this suspicion. | 8 |
| (c) Any person who is required by a school district under | 9 |
| this Section to inform a requesting school district of the | 10 |
| suspected abuse of a minor by a current or former employee and | 11 |
| who willfully fails to do so is guilty of a Class A misdemeanor | 12 |
| for a first violation and a Class 4 felony for a second or | 13 |
| subsequent violation. | 14 |
| (d) Any school district, school board, or person | 15 |
| participating in good faith in providing information of | 16 |
| suspected abuse of a minor under this Section shall have | 17 |
| immunity from any liability, civil, criminal, or otherwise, | 18 |
| that might result by reason of such action. For the purpose of | 19 |
| any civil or criminal proceedings, the good faith of any | 20 |
| persons required to provide information on suspected abuse of a | 21 |
| minor under this Section shall be presumed. | 22 |
| (e) Any person who
suffers damages as a result of a | 23 |
| violation of this Section committed by any
school district or | 24 |
| its representative may bring an action against such school | 25 |
| district.
The court, in its discretion, may award actual | 26 |
| damages, treble actual damages if
fraud is proved, injunctive |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| relief, and any other relief that the
court deems proper. Such | 2 |
| action may be commenced in the county where the
school | 3 |
| district's administrative office is located or in the
county | 4 |
| where the transaction or any substantial portion of the | 5 |
| transaction occurred. In any action brought by a person under | 6 |
| this subsection (e),
the court may award, in addition to the | 7 |
| relief provided in this
subsection (e), reasonable attorney's | 8 |
| fees and costs to the prevailing party. Either party to an | 9 |
| action under this subsection (e) may request a trial by jury. | 10 |
| (105 ILCS 5/34-18.34 new) | 11 |
| Sec. 34-18.34. Former employees; report suspected child | 12 |
| abuse to new employer.
| 13 |
| (a) In this Section, "abuse of a minor" means: | 14 |
| (1) inflicting, causing to be inflicted, or allowing to | 15 |
| be
inflicted upon
a minor physical injury, by other than | 16 |
| accidental means, which causes
death, disfigurement, | 17 |
| impairment of physical or
emotional health, or loss or | 18 |
| impairment of any bodily function; | 19 |
| (2) creating a substantial risk of physical injury to a
| 20 |
| minor by
other than accidental means which would be likely | 21 |
| to cause death,
disfigurement, impairment of physical or | 22 |
| emotional health, or loss or
impairment of any bodily | 23 |
| function; | 24 |
| (3) committing or allowing to be committed any sex | 25 |
| offense against
a minor,
as such sex offenses are defined |
|
|
|
09500HB3170ham001 |
- 5 - |
LRB095 06980 RAS 34640 a |
|
| 1 |
| in the Criminal Code of 1961 and extending those | 2 |
| definitions of sex offenses to include children under
18 | 3 |
| years of age; | 4 |
| (4) committing or allowing to be committed an act or | 5 |
| acts of
torture upon
a minor; | 6 |
| (5) inflicting excessive corporal punishment upon a | 7 |
| minor; | 8 |
| (6) committing or allowing to be committed
the offense | 9 |
| of
female
genital mutilation, as defined in Section 12-34 | 10 |
| of the Criminal Code of
1961, against a minor; or | 11 |
| (7) causing to be sold, transferred, distributed, or | 12 |
| given to
a minor, a controlled substance as defined in | 13 |
| Section 102 of the
Illinois Controlled Substances Act, in | 14 |
| violation of Article IV of the Illinois
Controlled | 15 |
| Substances Act or in violation of the Methamphetamine | 16 |
| Control and Community Protection Act, except for | 17 |
| controlled substances that are prescribed
in accordance | 18 |
| with Article III of the Illinois Controlled Substances Act | 19 |
| and
are dispensed to a minor in a manner that substantially | 20 |
| complies with the
prescription.
| 21 |
| (b) If the school district, upon request, provides | 22 |
| information to another school district concerning the job | 23 |
| performance or qualifications of an applicant for employment | 24 |
| who is a current or former employee of the school district and | 25 |
| the school district suspects that the current or former | 26 |
| employee has abused a minor, then the school district shall |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
|
| 1 |
| inform the school district requesting the information of this | 2 |
| suspicion. | 3 |
| (c) Any person who is required by the school district under | 4 |
| this Section to inform a requesting school district of the | 5 |
| suspected abuse of a minor by a current or former employee and | 6 |
| who willfully fails to do so is guilty of a Class A misdemeanor | 7 |
| for a first violation and a Class 4 felony for a second or | 8 |
| subsequent violation. | 9 |
| (d) The school district, the board, and any person | 10 |
| participating in good faith in providing information of | 11 |
| suspected abuse of a minor under this Section shall have | 12 |
| immunity from any liability, civil, criminal, or otherwise, | 13 |
| that might result by reason of such action. For the purpose of | 14 |
| any civil or criminal proceedings, the good faith of any | 15 |
| persons required to provide information on suspected abuse of a | 16 |
| minor under this Section shall be presumed. | 17 |
| (e) Any person who
suffers damages as a result of a | 18 |
| violation of this Section committed by the
school district or | 19 |
| its representative may bring an action against the school | 20 |
| district.
The court, in its discretion, may award actual | 21 |
| damages, treble actual damages if
fraud is proved, injunctive | 22 |
| relief, and any other relief that the
court deems proper. Such | 23 |
| action may be commenced in the county where the
school district | 24 |
| is located or in the
county where the transaction or any | 25 |
| substantial portion of the transaction occurred. In any action | 26 |
| brought by a person under this subsection (e),
the court may |
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09500HB3170ham001 |
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LRB095 06980 RAS 34640 a |
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| award, in addition to the relief provided in this
subsection | 2 |
| (e), reasonable attorney's fees and costs to the prevailing | 3 |
| party. Either party to an action under this subsection (e) may | 4 |
| request a trial by jury. | 5 |
| Section 90. The State Mandates Act is amended by adding | 6 |
| Section 8.31 as follows: | 7 |
| (30 ILCS 805/8.31 new) | 8 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 |
| of this Act, no reimbursement by the State is required for the | 10 |
| implementation of any mandate created by this amendatory Act of | 11 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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