HB3304 101ST GENERAL ASSEMBLY

LRB101 09747 AWJ 54848 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3304

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

55 ILCS 80/4.5 new
105 ILCS 5/10-23.14 new

Amends the Children's Advocacy Center Act. Provides that schools in a county with an accredited Children's Advocacy Center shall not proceed with interviews of a student regarding an alleged incident of sexual abuse, regardless of whether the student is a victim, witness, or alleged perpetrator, until the school receives written approval from an appropriate law enforcement agency or the Department of Children and Family Services. Allows a law enforcement agency or the Department to object to an interview allowed by the other entity and no interview may be done until both approve. Allows an investigating body of a school to view a forensic interview under specified circumstances. Includes legislative findings and defines a term. Amends the School Code making conforming changes. Effective July 1, 2019.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Children's Advocacy Center Act is amended by adding Section 4.5 as follows:

(55 ILCS 80/4.5 new)

Sec. 4.5. Sexual abuse interviews at schools.

(a) As used in this Section, "alleged incidents of sexual abuse" is limited to: incidents of sexual abuse which are alleged to have been perpetrated by school personnel; if the alleged sexual abuse occurs on school grounds or during a school activity; or when school personnel became aware of alleged sexual abuse of a child which occurs outside of school grounds or a school activity.

(b) The General Assembly finds:

(1) multiple interviews of a child regarding incidents of sexual abuse can induce significant trauma for the child;

(2) it is desirable to prevent multiple interviews of a child at a school; and

(3) it is important to recognize the role of CACs in conducting developmentally appropriate forensic interviews.

(c) Schools in a county with an accredited CAC shall not proceed with interviews of a student regarding an alleged incident of sexual abuse, regardless of whether the student is a victim, witness, or alleged perpetrator, until the school receives written approval from an appropriate law enforcement agency or the Department of Children and Family Services. The restrictions of this subsection shall apply only after school personnel becomes aware that the incident which is being investigated is sexual in nature.

(d) If an appropriate law enforcement agency gives written approval to a school under subsection (b), it shall also notify the Department of Children and Family Services of the approval. If the Department of Children and Family Services gives written approval to a school under subsection (b), it shall also notify the appropriate law enforcement agency of the approval. If either the appropriate law enforcement agency or the Department of Children and Family Services objects to the written approval granted to a school by the other entity, then the objecting entity shall notify the school as soon as possible and the school, upon receipt of the notification, shall not proceed with an interview under subsection (c) until it receives written approval from both the appropriate law enforcement agency and the Department of Children and Family Services.

(e) The CAC's multidisciplinary team may grant the investigating body of the school permission to view the digitally recorded forensic interview for the purposes of their internal investigation if it meets the following requirements: (1) it serves the purpose of removing the requirement of further interviews of the child; and (2) if consent for the viewing is given by the child and parent or guardian.

(f) This Section applies to all public schools operated under the School Code, including public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A of the School Code, and schools recognized by the Illinois State Board of Education.

Section 10. The School Code is amended by adding Section 10-23.14 as follows:

(105 ILCS 5/10-23.14 new)

Sec. 10-23.14. Sexual abuse interviews at schools. To adopt and implement a policy addressing sexual abuse interviews at school consistent with Section 4.5 of the Children's Advocacy Center Act.

Section 99. Effective date. This Act takes effect July 1, 2019.