Public Act 93-0151
SB110 Enrolled LRB093 06831 AMC 06976 b
AN ACT concerning child care facilities.
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;
(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, and 11-13;
(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;
(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;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm;
(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;
(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 state 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 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 gross neglect of a long term care
facility resident.
(12) Felony violation of an order of protection.
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(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 or
cannabis by subcutaneous injection.
(18) Felony possession of a controlled substance.
(b-2) 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 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
set forth in subsection (b), no 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, 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 gross 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 or
cannabis by subcutaneous injection.
(d) Notwithstanding subsection (c), the Department may
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
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.
(Source: P.A. 91-357, eff. 7-29-99; 92-328, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.