Public Act 097-0874
Public Act 0874 97TH GENERAL ASSEMBLY
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Public Act 097-0874
| | SB3517 Enrolled | LRB097 14108 CEL 58778 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Child Care Act of 1969 is amended by | changing Section 4.2 as follows:
| (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| Sec. 4.2. (a) No applicant may receive a license from the | Department and
no person may be employed by a licensed child | care facility who refuses to
authorize an investigation as | required by Section 4.1.
| (b) In addition to the other provisions of this Section, no | applicant
may
receive a license from the Department and no | person
may be employed by a child care facility licensed by the | Department who has
been declared a sexually dangerous person | under "An Act in relation to
sexually dangerous persons, and | providing for their commitment, detention
and supervision", | approved July 6, 1938, as amended, or convicted of
committing | or attempting to commit any of the following offenses | stipulated
under the Criminal Code of 1961:
| (1) murder;
| (1.1) solicitation of murder;
| (1.2) solicitation of murder for hire;
| (1.3) intentional homicide of an unborn child;
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| (1.4) voluntary manslaughter of an unborn child;
| (1.5) involuntary manslaughter;
| (1.6) reckless homicide;
| (1.7) concealment of a homicidal death;
| (1.8) involuntary manslaughter of an unborn child;
| (1.9) reckless homicide of an unborn child;
| (1.10) drug-induced homicide;
| (2) a sex offense under Article 11, except offenses | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | 11-40, and 11-45;
| (3) kidnapping;
| (3.1) aggravated unlawful restraint;
| (3.2) forcible detention;
| (3.3) harboring a runaway;
| (3.4) aiding and abetting child abduction;
| (4) aggravated kidnapping;
| (5) child abduction;
| (6) aggravated battery of a child as described in | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| (7) criminal sexual assault;
| (8) aggravated criminal sexual assault;
| (8.1) predatory criminal sexual assault of a child;
| (9) criminal sexual abuse;
| (10) aggravated sexual abuse;
| (11) heinous battery as described in Section 12-4.1 or | subdivision (a)(2) of Section 12-3.05;
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| (12) aggravated battery with a firearm as described in | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | (e)(4) of Section 12-3.05;
| (13) tampering with food, drugs, or cosmetics;
| (14) drug induced infliction of great bodily harm as | described in Section 12-4.7 or subdivision (g)(1) of | Section 12-3.05;
| (15) hate crime;
| (16) stalking;
| (17) aggravated stalking;
| (18) threatening public officials;
| (19) home invasion;
| (20) vehicular invasion;
| (21) criminal transmission of HIV;
| (22) criminal abuse or neglect of an elderly or | disabled person as described in Section 12-21 or subsection | (b) of Section 12-4.4a;
| (23) child abandonment;
| (24) endangering the life or health of a child;
| (25) ritual mutilation;
| (26) ritualized abuse of a child;
| (27) an offense in any other jurisdiction the elements | of
which are similar and
bear a substantial relationship to | any of the foregoing offenses.
| (b-1) In addition to the other provisions of this Section, | beginning
January 1, 2004, no new applicant and, on the date of
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| licensure renewal, no current licensee may operate or receive a | license from
the
Department to operate, no person may be | employed by, and no adult person may
reside in a child care | facility licensed by the Department who has been
convicted of | committing or attempting to commit any of the following | offenses
or an offense in any other jurisdiction the elements | of which are similar and
bear a substantial relationship to any | of the following offenses:
| (I) BODILY HARM
| (1) Felony aggravated assault.
| (2) Vehicular endangerment.
| (3) Felony domestic battery.
| (4) Aggravated battery.
| (5) Heinous battery.
| (6) Aggravated battery with a firearm.
| (7) Aggravated battery of an unborn child.
| (8) Aggravated battery of a senior citizen.
| (9) Intimidation.
| (10) Compelling organization membership of persons.
| (11) Abuse and criminal neglect of a long term care | facility resident.
| (12) Felony violation of an order of protection.
| (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
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| (1) Felony unlawful use of weapons.
| (2) Aggravated discharge of a firearm.
| (3) Reckless discharge of a firearm.
| (4) Unlawful use of metal piercing bullets.
| (5) Unlawful sale or delivery of firearms on the | premises of any
school.
| (6) Disarming a police officer.
| (7) Obstructing justice.
| (8) Concealing or aiding a fugitive.
| (9) Armed violence.
| (10) Felony contributing to the criminal delinquency | of a juvenile.
| (III) DRUG OFFENSES
| (1) Possession of more than 30 grams of cannabis.
| (2) Manufacture of more than 10 grams of cannabis.
| (3) Cannabis trafficking.
| (4) Delivery of cannabis on school grounds.
| (5) Unauthorized production of more than 5 cannabis | sativa plants.
| (6) Calculated criminal cannabis conspiracy.
| (7) Unauthorized manufacture or delivery of controlled | substances.
| (8) Controlled substance trafficking.
|
| (9) Manufacture, distribution, or advertisement of | look-alike
substances.
| (10) Calculated criminal drug conspiracy.
| (11) Street gang criminal drug conspiracy.
| (12) Permitting unlawful use of a building.
| (13) Delivery of controlled, counterfeit, or | look-alike substances to
persons under age 18, or at truck | stops, rest stops, or safety rest areas, or
on school | property.
| (14) Using, engaging, or employing persons under 18 to | deliver
controlled, counterfeit, or look-alike substances.
| (15) Delivery of controlled substances.
| (16) Sale or delivery of drug paraphernalia.
| (17) Felony possession, sale, or exchange of | instruments adapted
for use of a controlled substance, | methamphetamine, or cannabis by subcutaneous injection.
| (18) Felony possession of a controlled substance.
| (19) Any violation of the Methamphetamine Control and | Community Protection Act.
| (b-1.5) In addition to any other provision of this Section, | for applicants with access to confidential financial | information or who submit documentation to support billing, no | applicant whose initial application was considered after the | effective date of this amendatory Act of the 97th General | Assembly may receive a license from the Department or a child | care facility licensed by the Department who has been convicted |
| of committing or attempting to commit any of the following | felony offenses: | (1) financial institution fraud under Section 17-10.6 | of the Criminal Code of 1961; | (2) identity theft under Section 16-30 of the Criminal | Code of 1961; | (3) financial exploitation of an elderly person or a | person with a disability under Section 17-56 of the | Criminal Code of 1961; | (4) computer tampering under Section 17-51 of the | Criminal Code of 1961; | (5) aggravated computer tampering under Section 17-52 | of the Criminal Code of 1961; | (6) computer fraud under Section 17-50 of the Criminal | Code of 1961; | (7) deceptive practices under Section 17-1 of the | Criminal Code of 1961; | (8) forgery under Section 17-3 of the Criminal Code of | 1961; | (9) State benefits fraud under Section 17-6 of the | Criminal Code of 1961; | (10) mail fraud and wire fraud under Section 17-24 of | the Criminal Code of 1961; | (11) theft under paragraphs (1.1) through (11) of | subsection (b) of Section 16-1 of the Criminal Code of | 1961. |
| (b-2) Notwithstanding subsection (b-1), the Department may | make an exception and, for For child care facilities other than | foster family homes,
the Department may issue a new child care | facility license to or renew the
existing child care facility | license of an applicant, a person employed by a
child care | facility, or an applicant who has an adult residing in a home | child
care facility who was convicted of an offense described | in subsection (b-1),
provided that all of the following | requirements are met:
| (1) The relevant criminal offense occurred more than 5 | years prior to the
date of application or renewal, except | for drug offenses. The relevant drug
offense must have | occurred more than 10 years prior to the date of | application
or renewal, unless the applicant passed a drug | test, arranged and paid for by
the child care facility, no | less than 5 years after the offense.
| (2) The Department must conduct a background check and | assess all
convictions and recommendations of the child | care facility to determine if hiring or licensing the | applicant is in
waiver shall apply in accordance with | Department administrative rules and
procedures.
| (3) The applicant meets all other requirements and | qualifications to be
licensed as the pertinent type of | child care facility under this Act and the
Department's | administrative rules.
| (c) In addition to the other provisions of this Section, no
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| applicant may receive a license from the Department to operate | a foster family
home, and no adult person may reside in a | foster family home licensed by the
Department, who has been | convicted of committing or attempting to commit any of
the | following offenses stipulated under the Criminal Code of 1961, | the Cannabis
Control Act, the Methamphetamine Control and | Community Protection Act, and the Illinois Controlled | Substances Act:
| (I) OFFENSES DIRECTED AGAINST THE PERSON
| (A) KIDNAPPING AND RELATED OFFENSES
| (1) Unlawful restraint.
| (B) BODILY HARM
| (2) Felony aggravated assault.
| (3) Vehicular endangerment.
| (4) Felony domestic battery.
| (5) Aggravated battery.
| (6) Heinous battery.
| (7) Aggravated battery with a firearm.
| (8) Aggravated battery of an unborn child.
| (9) Aggravated battery of a senior citizen.
| (10) Intimidation.
| (11) Compelling organization membership of persons.
| (12) Abuse and criminal neglect of a long term care |
| facility resident.
| (13) Felony violation of an order of protection.
| (II) OFFENSES DIRECTED AGAINST PROPERTY
| (14) Felony theft.
| (15) Robbery.
| (16) Armed robbery.
| (17) Aggravated robbery.
| (18) Vehicular hijacking.
| (19) Aggravated vehicular hijacking.
| (20) Burglary.
| (21) Possession of burglary tools.
| (22) Residential burglary.
| (23) Criminal fortification of a residence or | building.
| (24) Arson.
| (25) Aggravated arson.
| (26) Possession of explosive or explosive incendiary | devices.
| (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| (27) Felony unlawful use of weapons.
| (28) Aggravated discharge of a firearm.
| (29) Reckless discharge of a firearm.
|
| (30) Unlawful use of metal piercing bullets.
| (31) Unlawful sale or delivery of firearms on the | premises of any school.
| (32) Disarming a police officer.
| (33) Obstructing justice.
| (34) Concealing or aiding a fugitive.
| (35) Armed violence.
| (36) Felony contributing to the criminal delinquency | of a juvenile.
| (IV) DRUG OFFENSES
| (37) Possession of more than 30 grams of cannabis.
| (38) Manufacture of more than 10 grams of cannabis.
| (39) Cannabis trafficking.
| (40) Delivery of cannabis on school grounds.
| (41) Unauthorized production of more than 5 cannabis | sativa plants.
| (42) Calculated criminal cannabis conspiracy.
| (43) Unauthorized manufacture or delivery of | controlled substances.
| (44) Controlled substance trafficking.
| (45) Manufacture, distribution, or advertisement of | look-alike substances.
| (46) Calculated criminal drug conspiracy.
| (46.5) Streetgang criminal drug conspiracy.
|
| (47) Permitting unlawful use of a building.
| (48) Delivery of controlled, counterfeit, or | look-alike substances to
persons under age 18, or at truck | stops, rest stops, or safety rest areas, or
on school | property.
| (49) Using, engaging, or employing persons under 18 to | deliver controlled,
counterfeit, or look-alike substances.
| (50) Delivery of controlled substances.
| (51) Sale or delivery of drug paraphernalia.
| (52) Felony possession, sale, or exchange of | instruments adapted for use
of a controlled substance, | methamphetamine, or cannabis by subcutaneous injection. | (53) Any violation of the Methamphetamine Control and | Community Protection Act.
| (d) Notwithstanding subsection (c), the Department may | make an exception and issue a new foster
family home license or | may renew an existing
foster family home license of an | applicant who was convicted of an offense
described in | subsection (c), provided all of the following requirements are
| met:
| (1) The relevant criminal offense or offenses occurred | more than 10 years
prior to the date of application or | renewal.
| (2) The applicant had previously disclosed the | conviction or convictions
to the Department for purposes of | a background check.
|
| (3) After the disclosure, the Department either placed | a child in the home
or the foster family home license was | issued.
| (4) During the background check, the Department had | assessed and
waived the conviction in compliance with the | existing statutes and rules in
effect at the time of the | hire or licensure waiver.
| (5) The applicant meets all other requirements and | qualifications to be
licensed as a foster family home under | this Act and the Department's
administrative
rules.
| (6) The applicant has a history of providing a safe, | stable home
environment and appears able to continue to | provide a safe, stable home
environment.
| (e) In evaluating the exception pursuant to subsections | (b-2) and (d), the Department must carefully review any | relevant documents to determine whether the applicant, despite | the disqualifying convictions, poses a substantial risk to | State resources or clients. In making such a determination, the | following guidelines shall be used: | (1) the age of the applicant when the offense was | committed; | (2) the circumstances surrounding the offense; | (3) the length of time since the conviction; | (4) the specific duties and responsibilities | necessarily related to the license being applied for and | the bearing, if any, that the applicant's conviction |
| history may have on his or her fitness to perform these | duties and responsibilities; | (5) the applicant's employment references; | (6) the applicant's character references and any | certificates of achievement; | (7) an academic transcript showing educational | attainment since the disqualifying conviction; | (8) a Certificate of Relief from Disabilities or | Certificate of Good Conduct; and | (9) anything else that speaks to the applicant's | character. | (Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; | 96-1551, Article 2, Section 990, eff. 7-1-11; revised 9-30-11.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/31/2012
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