093_SB0893

 
                                     LRB093 08042 RLC 11316 b

 1        AN ACT in relation to child abuse.

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

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

 6        (325 ILCS 5/4) (from Ch. 23, par. 2054)
 7        Sec.   4.  Persons   required   to   report;   privileged
 8    communications;  transmitting  false  report.  Any physician,
 9    resident,  intern,  hospital,  hospital   administrator   and
10    personnel  engaged  in  examination,  care  and  treatment of
11    persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
12    chiropractor,  podiatrist,  physician  assistant,   substance
13    abuse  treatment  personnel,  Christian Science practitioner,
14    funeral home director or employee, coroner, medical examiner,
15    emergency medical technician, acupuncturist, crisis  line  or
16    hotline  personnel,  school  personnel,  educational advocate
17    assigned to a child  pursuant  to  the  School  Code,  truant
18    officers,   social  worker,  social  services  administrator,
19    domestic  violence  program  personnel,   registered   nurse,
20    licensed  practical  nurse,  respiratory  care  practitioner,
21    advanced  practice nurse, home health aide, director or staff
22    assistant of a nursery school or a  child  day  care  center,
23    recreational  program  or facility personnel, law enforcement
24    officer,   registered  psychologist  and  assistants  working
25    under the direct supervision of a psychologist, psychiatrist,
26    or field personnel of the Illinois Department of Public  Aid,
27    Public  Health,  Human  Services  (acting as successor to the
28    Department of Mental Health and  Developmental  Disabilities,
29    Rehabilitation  Services,  or Public Aid), Corrections, Human
30    Rights, or  Children  and  Family  Services,  supervisor  and
31    administrator of general assistance under the Illinois Public
 
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 1    Aid  Code,  probation  officer,  or  any other foster parent,
 2    homemaker or child care worker  having  reasonable  cause  to
 3    believe  a  child  known  to  them  in  their professional or
 4    official capacity may be an abused child or a neglected child
 5    shall immediately report or cause a report to be made to  the
 6    Department.
 7        Any  member  of  the  clergy  having  reasonable cause to
 8    believe that a child known to that member of  the  clergy  in
 9    his  or  her  professional capacity may be an abused child as
10    defined in item (c) of the definition of  "abused  child"  in
11    Section  3  of  this  Act shall immediately report or cause a
12    report to be made to the Department.
13        Whenever such person is required to report under this Act
14    in his capacity as a member of the  staff  of  a  medical  or
15    other  public  or  private  institution,  school, facility or
16    agency, or as a member of the clergy, he  shall  make  report
17    immediately   to   the  Department  in  accordance  with  the
18    provisions of this Act and may  also  notify  the  person  in
19    charge  of  such  institution, school, facility or agency, or
20    church,  synagogue,  temple,  mosque,  or   other   religious
21    institution,  or  his  designated  agent that such report has
22    been made.  Under no circumstances shall any person in charge
23    of such institution, school, facility or agency,  or  church,
24    synagogue, temple, mosque, or other religious institution, or
25    his designated agent to whom such notification has been made,
26    exercise any control, restraint, modification or other change
27    in  the  report  or  the  forwarding  of  such  report to the
28    Department.
29        The  privileged  quality  of  communication  between  any
30    professional person required to report  and  his  patient  or
31    client  shall  not  apply  to  situations involving abused or
32    neglected children  and  shall  not  constitute  grounds  for
33    failure to report as required by this Act.
34        Except as otherwise provided in subsection (b) of Section
 
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 1    8-803  of the Code of Civil Procedure, a member of the clergy
 2    may claim the privilege under Section 8-803 of  the  Code  of
 3    Civil Procedure.
 4        In  addition  to  the  above  persons  required to report
 5    suspected cases of abused or neglected  children,  any  other
 6    person  may make a report if such person has reasonable cause
 7    to believe a child may be an  abused  child  or  a  neglected
 8    child.
 9        Any  person  who enters into employment on and after July
10    1, 1986 and is mandated  by  virtue  of  that  employment  to
11    report  under  this  Act,  shall  sign  a statement on a form
12    prescribed by the Department, to the effect that the employee
13    has knowledge and understanding of the reporting requirements
14    of  this  Act.   The  statement  shall  be  signed  prior  to
15    commencement of the employment.  The signed  statement  shall
16    be   retained   by  the  employer.   The  cost  of  printing,
17    distribution, and filing of the statement shall be  borne  by
18    the employer.
19        The  Department  shall  provide  copies of this Act, upon
20    request, to all employers  employing  persons  who  shall  be
21    required under the provisions of this Section to report under
22    this Act.
23        Any  person who knowingly transmits a false report to the
24    Department commits the offense of  disorderly  conduct  under
25    subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
26    1961". Any person who violates this  provision  a  second  or
27    subsequent time shall be guilty of a Class 4 felony.
28        Any  person  who  knowingly  and  willfully  violates any
29    provision of this Section other than a second  or  subsequent
30    violation  of transmitting a false report as described in the
31    preceding paragraph, is guilty of a Class A misdemeanor for a
32    first violation  and  a  Class  4  felony  for  a  second  or
33    subsequent violation.
34        A child whose parent, guardian or custodian in good faith
 
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 1    selects  and  depends  upon  spiritual  means  through prayer
 2    alone for the treatment or cure of disease or  remedial  care
 3    may  be  considered neglected or abused, but not for the sole
 4    reason that his parent, guardian  or  custodian  accepts  and
 5    practices such beliefs.
 6        A  child  shall  not  be  considered  neglected or abused
 7    solely  because  the  child  is  not  attending   school   in
 8    accordance  with the requirements of Article 26 of the School
 9    Code, as amended.
10    (Source: P.A. 91-259,  eff.  1-1-00;  91-516,  eff.  8-13-99;
11    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

12        Section  10.  The  Criminal  Code  of  1961 is amended by
13    changing Section 3-6 as follows:

14        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
15        Sec. 3-6.  Extended limitations. The period within  which
16    a  prosecution  must  be  commenced  under  the provisions of
17    Section 3-5 or other applicable statute is extended under the
18    following conditions:
19        (a)  A prosecution for theft  involving  a  breach  of  a
20    fiduciary obligation to the aggrieved person may be commenced
21    as follows:
22             (1)  If  the aggrieved person is a minor or a person
23        under legal disability, then during the minority or legal
24        disability or  within  one  year  after  the  termination
25        thereof.
26             (2)  In  any  other  instance, within one year after
27        the discovery of the offense by an aggrieved  person,  or
28        by  a  person  who  has  legal  capacity  to represent an
29        aggrieved person or  has  a  legal  duty  to  report  the
30        offense,  and  is  not  himself or herself a party to the
31        offense; or in the absence of such discovery, within  one
32        year  after  the proper prosecuting officer becomes aware
 
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 1        of the offense. However, in no such case is the period of
 2        limitation so extended  more  than  3  years  beyond  the
 3        expiration of the period otherwise applicable.
 4        (b)  A  prosecution for any offense based upon misconduct
 5    in office by a public officer or employee  may  be  commenced
 6    within  one  year  after discovery of the offense by a person
 7    having a legal duty to report such offense, or in the absence
 8    of  such  discovery,  within  one  year  after   the   proper
 9    prosecuting officer becomes aware of the offense. However, in
10    no  such  case  is  the period of limitation so extended more
11    than 3 years beyond the expiration of  the  period  otherwise
12    applicable.
13        (c)  Except  as  otherwise  provided in subsection (a) of
14    Section 3-5 of this Code and subdivision (i) or (j)  of  this
15    Section,  a  prosecution  for  any  offense  involving sexual
16    conduct or sexual penetration, as defined in Section 12-12 of
17    this Code, where the victim and defendant are family members,
18    as defined in Section 12-12 of this Code,  may  be  commenced
19    within one year of the victim attaining the age of 18 years.
20        (d)  A   prosecution   for  child  pornography,  indecent
21    solicitation  of  a  child,   soliciting   for   a   juvenile
22    prostitute,  juvenile  pimping or exploitation of a child may
23    be commenced within one year of the victim attaining the  age
24    of  18  years. However, in no such case shall the time period
25    for  prosecution  expire  sooner  than  3  years  after   the
26    commission of the offense.  When the victim is under 18 years
27    of  age,  a  prosecution  for  criminal  sexual  abuse may be
28    commenced within one year of the victim attaining the age  of
29    18 years.  However, in no such case shall the time period for
30    prosecution  expire  sooner than 3 years after the commission
31    of the offense.
32        (e)  Except as otherwise provided in subdivision  (j),  a
33    prosecution  for  any  offense  involving  sexual  conduct or
34    sexual penetration, as defined in Section 12-12 of this Code,
 
                            -6-      LRB093 08042 RLC 11316 b
 1    where the defendant was within a  professional  or  fiduciary
 2    relationship   or   a  purported  professional  or  fiduciary
 3    relationship with the victim at the time of the commission of
 4    the offense may  be  commenced  within  one  year  after  the
 5    discovery of the offense by the victim.
 6        (f)  A  prosecution  for any offense set forth in Section
 7    44 of the "Environmental Protection Act", approved  June  29,
 8    1970,  as  amended, may be commenced within 5 years after the
 9    discovery of such an offense by a person or agency having the
10    legal duty to report the offense or in the  absence  of  such
11    discovery,  within  5  years  after  the  proper  prosecuting
12    officer becomes aware of the offense.
13        (g)  (Blank).
14        (h)  (Blank).
15        (i)  Except  as  otherwise provided in subdivision (j), a
16    prosecution for criminal sexual assault, aggravated  criminal
17    sexual  assault,  or  aggravated criminal sexual abuse may be
18    commenced within 10 years of the commission of the offense if
19    the  victim  reported  the   offense   to   law   enforcement
20    authorities  within  2  years  after  the  commission  of the
21    offense.
22        Nothing in this subdivision (i)  shall  be  construed  to
23    shorten a period within which a prosecution must be commenced
24    under any other provision of this Section.
25        (j)  When the victim is under 18 years of age at the time
26    of  the  offense,  a prosecution for criminal sexual assault,
27    aggravated criminal sexual assault, predatory criminal sexual
28    assault of a child, or aggravated criminal sexual abuse or  a
29    prosecution for failure of a person who is required to report
30    an  alleged  or suspected commission of any of these offenses
31    under the Abused and Neglected Child  Reporting  Act  may  be
32    commenced  at any time within 10 years after the child victim
33    attains 18 years of age.
34        Nothing in this subdivision (j)  shall  be  construed  to
 
                            -7-      LRB093 08042 RLC 11316 b
 1    shorten a period within which a prosecution must be commenced
 2    under any other provision of this Section.
 3    (Source:  P.A.  91-475,  eff.  1-1-00;  91-801, eff. 6-13-00;
 4    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

 5        Section 15.  The Code of Civil Procedure  is  amended  by
 6    changing Sections 8-803 and 13-202.2 as follows:

 7        (735 ILCS 5/8-803) (from Ch. 110, par. 8-803)
 8        Sec. 8-803.  Clergy.
 9        (a)  Except  as  otherwise  provided in subsection (b), a
10    clergyman  or  practitioner  of  any  religious  denomination
11    accredited by the religious body to which he or she  belongs,
12    shall  not  be  compelled to disclose in any court, or to any
13    administrative board or agency, or to any public  officer,  a
14    confession  or  admission  made  to  him or her in his or her
15    professional character or  as  a  spiritual  advisor  in  the
16    course  of  the discipline enjoined by the rules or practices
17    of such religious body or of the religion  which  he  or  she
18    professes,  nor be compelled to divulge any information which
19    has  been  obtained  by  him  or  her  in  such  professional
20    character or as such spiritual advisor.
21        (b)  In  an  investigation  or  prosecution  of  a   case
22    involving  an  abused  child  as  defined in Section 3 of the
23    Abused and Neglected Child  Reporting  Act,  a  clergyman  or
24    practitioner  of any religious denomination accredited by the
25    religious body to which he or she belongs shall be  compelled
26    to  disclose  in any court, or to any administrative board or
27    agency, or to any public officer, an admission made to him or
28    her in his or her capacity as an advisor not in the course of
29    the discipline enjoined by the  rules  or  practices  of  the
30    religious   body  or  religion  to  which  the  clergyman  or
31    practitioner professes and shall be compelled to divulge that
32    information which has been obtained by him  or  her  in  that
 
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 1    capacity.
 2    (Source: P.A. 82-280.)

 3        (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
 4        Sec. 13-202.2. Childhood sexual abuse.
 5        (a)  In this Section:
 6        "Childhood  sexual  abuse"  means  an act of sexual abuse
 7    that occurs when the person abused is under 18 years of age.
 8        "Sexual abuse" includes but  is  not  limited  to  sexual
 9    conduct and sexual penetration as defined in Section 12-12 of
10    the Criminal Code of 1961.
11        (b)  An  action  for damages for personal injury based on
12    childhood sexual abuse must be commenced at any time within 2
13    years of the date the person abused discovers or through  the
14    use  of  reasonable diligence should discover that the act of
15    childhood sexual abuse  occurred  and  that  the  injury  was
16    caused by the childhood sexual abuse.
17        (c)  (Blank) If the injury is caused by 2 or more acts of
18    childhood  sexual  abuse that are part of a continuing series
19    of acts of childhood sexual abuse by the  same  abuser,  then
20    the  discovery  period under subsection (b) shall be computed
21    from the date the person abused discovers or through the  use
22    of reasonable diligence should discover (i) that the last act
23    of  childhood  sexual abuse in the continuing series occurred
24    and (ii) that the injury was caused by any act  of  childhood
25    sexual abuse in the continuing series.
26        (d)  (Blank) The  limitation periods under subsection (b)
27    do not begin to run before the person abused attains the  age
28    of  18  years;  and, if at the time the person abused attains
29    the  age  of  18  years  he  or  she  is  under  other  legal
30    disability, the limitation periods under  subsection  (b)  do
31    not begin to run until the removal of the disability.
32        (e)  This  Section  applies  to  actions  pending  on the
33    effective date of this amendatory Act of 1990 as well  as  to
 
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 1    actions  commenced on or after that date. The changes made by
 2    this amendatory Act of  1993  shall  apply  only  to  actions
 3    commenced  on  or after the effective date of this amendatory
 4    Act of 1993. The changes made by this amendatory Act  of  the
 5    93rd  General  Assembly shall apply only to actions commenced
 6    on or after the effective date of this amendatory Act of  the
 7    93rd General Assembly.
 8    (Source: P.A. 88-127.)

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