Public Act 93-0431

HB2902 Enrolled                      LRB093 04409 DRJ 04459 b

    AN ACT in relation to children.

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

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

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

    Section 10.  The Criminal Code  of  1961  is  amended  by
changing Section 26-1 as follows:

    (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
    Sec. 26-1.  Elements of the Offense.
    (a)  A   person   commits   disorderly  conduct  when  he
knowingly:
         (1)  Does any act in such unreasonable manner as  to
    alarm  or  disturb another and to provoke a breach of the
    peace; or
         (2)  Transmits or causes to be  transmitted  in  any
    manner  to the fire department of any city, town, village
    or fire  protection  district  a  false  alarm  of  fire,
    knowing at the time of such transmission that there is no
    reasonable ground for believing that such fire exists; or
         (3)  Transmits  or  causes  to be transmitted in any
    manner to another a false alarm to the effect that a bomb
    or other explosive of any nature or a  container  holding
    poison  gas, a deadly biological or chemical contaminant,
    or radioactive substance is concealed in such place  that
    its  explosion  or  release  would  endanger  human life,
    knowing at the time of such transmission that there is no
    reasonable ground for believing that such bomb, explosive
    or a container holding poison gas, a deadly biological or
    chemical  contaminant,  or   radioactive   substance   is
    concealed in such place; or
         (4)  Transmits  or  causes  to be transmitted in any
    manner to any peace officer,  public  officer  or  public
    employee  a  report to the effect that an offense will be
    committed, is being committed,  or  has  been  committed,
    knowing at the time of such transmission that there is no
    reasonable ground for believing that such an offense will
    be  committed, is being committed, or has been committed;
    or
         (5)  Enters upon the property of another and  for  a
    lewd  or  unlawful  purpose  deliberately  looks  into  a
    dwelling  on  the  property  through  any window or other
    opening in it; or
         (6)  While acting as a collection agency as  defined
    in  the "Collection Agency Act" or as an employee of such
    collection agency, and while  attempting  to  collect  an
    alleged  debt,  makes  a  telephone  call  to the alleged
    debtor which is designed to harass, annoy  or  intimidate
    the alleged debtor; or
         (7)  Transmits  or  causes to be transmitted a false
    report to the Department of Children and Family  Services
    under  Section  4  of  the  "Abused  and  Neglected Child
    Reporting Act"; or
         (8)  Transmits or causes to be transmitted  a  false
    report  to  the  Department  of  Public  Health under the
    Nursing Home Care Act; or
         (9)  Transmits or causes to be  transmitted  in  any
    manner to the police department or fire department of any
    municipality   or   fire   protection  district,  or  any
    privately owned and operated ambulance service,  a  false
    request    for    an    ambulance,    emergency   medical
    technician-ambulance      or      emergency       medical
    technician-paramedic  knowing  at  the  time  there is no
    reasonable ground for believing that such  assistance  is
    required; or
         (10)  Transmits  or causes to be transmitted a false
    report under Article II of "An Act in relation to victims
    of violence and abuse", approved September 16,  1984,  as
    amended; or
         (11)  Transmits  or causes to be transmitted a false
    report to any public safety agency without the reasonable
    grounds necessary to believe  that  transmitting  such  a
    report  is  necessary  for  the safety and welfare of the
    public; or
         (12)  Calls the number  "911"  for  the  purpose  of
    making  or  transmitting  a  false alarm or complaint and
    reporting information when,  at  the  time  the  call  or
    transmission  is  made,  the  person  knows  there  is no
    reasonable ground for making the call or transmission and
    further knows that the call or transmission could  result
    in the emergency response of any public safety agency.
    (b)  Sentence.   A violation of subsection (a)(1) of this
Section is a Class C misdemeanor.  A violation of  subsection
(a)(5),  (a)(7),  (a)(11),  or  (a)(12)  of this Section is a
Class A misdemeanor.  A violation  of  subsection  (a)(8)  or
(a)(10)  of  this  Section  is  a  Class  B  misdemeanor.   A
violation  of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of
this Section is a Class 4 felony.  A violation of  subsection
(a)(3)  of this Section is a Class 3 felony, for which a fine
of not less than $3,000 and no more  than  $10,000  shall  be
assessed in addition to any other penalty imposed.
    A  violation  of  subsection  (a)(6) of this Section is a
Business Offense and shall be  punished  by  a  fine  not  to
exceed   $3,000.    A   second  or  subsequent  violation  of
subsection (a)(7), (a)(11), or (a)(12) of this Section  is  a
Class   4   felony.   A  third  or  subsequent  violation  of
subsection (a)(5) of this Section is a Class 4 felony.
    (c)  In addition  to  any  other  sentence  that  may  be
imposed,   a  court  shall  order  any  person  convicted  of
disorderly conduct to perform community service for not  less
than  30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and  approved  by
the  county  board  of  the  county  where  the  offense  was
committed.   In  addition,  whenever  any person is placed on
supervision for an alleged offense under  this  Section,  the
supervision  shall be conditioned upon the performance of the
community service.
    This subsection does not apply when the court  imposes  a
sentence of incarceration.
(Source:  P.A.  91-115,  eff.  1-1-00;  91-121, eff. 7-15-99;
92-16, eff. 6-28-01; 92-502, eff. 12-19-01.)

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