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92nd General Assembly

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Public Act 92-0801

HB5002 Enrolled                                LRB9214443RCsb

    AN ACT in relation to criminal law.

    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 Sections 2, 3, 4, 4.02, 7,  7.1,  7.4,
and 7.14 as follows:

    (325 ILCS 5/2) (from Ch. 23, par. 2052)
    Sec.  2.   The Illinois Department of Children and Family
Services shall, upon receiving reports made under  this  Act,
protect  the  health, safety, and best interests of the child
in all situations in which the child is vulnerable  to  child
abuse  or  neglect,  offer  protective  services  in order to
prevent any further harm to the child and to  other  children
in  the  same  environment  or  family,  stabilize  the  home
environment,  and  preserve  family  life  whenever possible.
Recognizing that children also can be  abused  and  neglected
while  living  in  public  or private residential agencies or
institutions meant to serve them, while  attending  day  care
centers,  or  schools,  or  religious  activities, or when in
contact with adults who are responsible for  the  welfare  of
the  child  at  that  time,  this  Act  also provides for the
reporting and investigation of child  abuse  and  neglect  in
such  instances.   In  performing  any  of  these duties, the
Department may utilize such protective services of  voluntary
agencies as are available.
(Source: P.A. 90-28, eff. 1-1-98.)

    (325 ILCS 5/3) (from Ch. 23, par. 2053)
    Sec. 3.  As used in this Act unless the context otherwise
requires:
    "Child"  means  any  person  under  the  age of 18 years,
unless legally emancipated by reason  of  marriage  or  entry
into a branch of the United States armed services.
    "Department"  means  Department  of  Children  and Family
Services.
    "Local law enforcement agency"  means  the  police  of  a
city, town, village or other incorporated area or the sheriff
of  an  unincorporated  area  or  any  sworn  officer  of the
Illinois Department of State Police.
    "Abused child" means a child whose  parent  or  immediate
family  member,  or  any  person  responsible for the child's
welfare,  or any individual residing in the same home as  the
child, or a paramour of the child's parent:
         (a) a.  inflicts,  causes to be inflicted, or allows
    to be inflicted upon such child physical injury, by other
    than accidental means, which causes death, disfigurement,
    impairment of physical or emotional health,  or  loss  or
    impairment of any bodily function;
         (b) b.  creates   a  substantial  risk  of  physical
    injury to such child by other than accidental means which
    would be likely to cause death, disfigurement, impairment
    of physical or emotional health, or loss or impairment of
    any bodily function;
         (c) c.  commits or allows to be  committed  any  sex
    offense  against  such  child,  as  such sex offenses are
    defined in the Criminal Code of  1961,  as  amended,  and
    extending  those  definitions  of sex offenses to include
    children under 18 years of age;
         (d) d.  commits or allows to be committed an act  or
    acts of torture upon such child;
         (e) e.  inflicts excessive corporal punishment;
         (f) f.  commits   or  allows  to  be  committed  the
    offense of  female  genital  mutilation,  as  defined  in
    Section  12-34  of the Criminal Code of 1961, against the
    child; or
         (g) g.  causes to be sold, transferred, distributed,
    or  given  to  such  child  under  18  years  of  age,  a
    controlled substance as defined in  Section  102  of  the
    Illinois  Controlled   Substances  Act  in  violation  of
    Article  IV  of  the  Illinois Controlled Substances Act,
    except for controlled substances that are  prescribed  in
    accordance  with  Article  III of the Illinois Controlled
    Substances Act and are  dispensed  to  such  child  in  a
    manner that substantially complies with the prescription.
    A  child  shall  not  be  considered  abused for the sole
reason that the child has  been  relinquished  in  accordance
with the Abandoned Newborn Infant Protection Act.
    "Neglected  child"  means  any child who is not receiving
the proper or necessary nourishment  or  medically  indicated
treatment  including  food or care not provided solely on the
basis of  the  present  or  anticipated  mental  or  physical
impairment  as  determined  by a physician acting alone or in
consultation  with  other  physicians  or  otherwise  is  not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary  for  a
child's  well-being,  or  other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by  his  or  her  parents  or  other  person
responsible  for the child's welfare without a proper plan of
care; or who is a  newborn  infant  whose  blood,  urine,  or
meconium  contains  any  amount  of a controlled substance as
defined in subsection (f) of  Section  102  of  the  Illinois
Controlled  Substances  Act or a metabolite thereof, with the
exception of a controlled  substance  or  metabolite  thereof
whose presence in the newborn infant is the result of medical
treatment administered to the mother or the newborn infant. A
child  shall  not be considered neglected for the sole reason
that the child's parent or other person responsible  for  his
or  her  welfare  has  left the child in the care of an adult
relative for any  period  of  time.  A  child  shall  not  be
considered  neglected  for the sole reason that the child has
been relinquished in accordance with  the  Abandoned  Newborn
Infant  Protection  Act.   A  child  shall  not be considered
neglected or abused for the sole  reason  that  such  child's
parent  or  other  person  responsible for his or her welfare
depends upon spiritual means through  prayer  alone  for  the
treatment  or  cure  of  disease or remedial care as provided
under Section 4 of this Act.  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.
    "Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform  the  duties  and  responsibilities as provided under
Section 7.2 of this Act.
    "Person responsible for the child's  welfare"  means  the
child's  parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private  residential  agency  or  institution;   any   person
responsible  for  the  child's  welfare  within  a  public or
private profit or not for profit child care facility; or  any
other  person responsible for the child's welfare at the time
of the alleged abuse or neglect, or any person  who  came  to
know  the  child  through an official capacity or position of
trust,   including   but   not   limited   to   health   care
professionals,    educational     personnel,     recreational
supervisors, members of the clergy, and volunteers or support
personnel  in  any  setting  where children may be subject to
abuse or neglect.
    "Temporary protective custody"  means  custody  within  a
hospital  or  other  medical  facility  or a place previously
designated for such custody by  the  Department,  subject  to
review  by the Court, including a licensed foster home, group
home, or other institution; but such place  shall  not  be  a
jail or other place for the detention of criminal or juvenile
offenders.
    "An  unfounded  report"  means any report made under this
Act for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
    "An indicated report" means a report made under this  Act
if  an investigation determines that credible evidence of the
alleged abuse or neglect exists.
    "An undetermined report" means any report made under this
Act in which it was not possible to initiate or  complete  an
investigation  on  the  basis  of information provided to the
Department.
    "Subject of report"  means  any  child  reported  to  the
central register of child abuse and neglect established under
Section  7.7  of  this Act and his or her parent, guardian or
other person responsible who is also named in the report.
    "Perpetrator"  means  a  person  who,  as  a  result   of
investigation,  has been determined by the Department to have
caused child abuse or neglect.
    "Member of the clergy" means a clergyman or  practitioner
of  any  religious  denomination  accredited by the religious
body to which he or she belongs.
(Source: P.A. 91-802,  eff.  1-1-01;  92-408,  eff.  8-17-01;
92-432, eff. 8-17-01.)

    (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 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  shall  be  guilty  of  a  Class  A
misdemeanor for a first violation and a Class 4 felony for  a
second or subsequent violation.
    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.)

    (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)
    Sec.  4.02.   Any physician who willfully fails to report
suspected child abuse or neglect  as  required  by  this  Act
shall  be referred to the Illinois State Medical Disciplinary
Board for action in accordance with paragraph 22  of  Section
22 of the Medical Practice Act of 1987. Any dentist or dental
hygienist who willfully fails to report suspected child abuse
or  neglect  as required by this Act shall be referred to the
Department  of  Professional   Regulation   for   action   in
accordance  with  paragraph  19 of Section 23 of the Illinois
Dental Practice Act.  Any other person required by  this  Act
to  report  suspected  child  abuse and neglect who willfully
fails to report  such  is  shall  be  guilty  of  a  Class  A
misdemeanor  for a first violation and a Class 4 felony for a
second or subsequent violation.
(Source: P.A. 91-197, eff. 1-1-00.)

    (325 ILCS 5/7) (from Ch. 23, par. 2057)
    Sec. 7.  Time and manner of making reports.  All  reports
of suspected child abuse or neglect made under this Act shall
be  made  immediately  by  telephone  to the central register
established under Section  7.7  on  the  single,  State-wide,
toll-free  telephone number established in Section 7.6, or in
person or by telephone through the nearest Department office.
The Department shall, in cooperation with  school  officials,
distribute  appropriate materials in school buildings listing
the toll-free telephone number established  in  Section  7.6,
including  methods  of  making  a  report under this Act. The
Department may, in cooperation with  appropriate  members  of
the  clergy,  distribute  appropriate  materials in churches,
synagogues, temples, mosques, or  other  religious  buildings
listing the toll-free telephone number established in Section
7.6, including methods of making a report under this Act.
    Wherever the Statewide number is posted, there shall also
be posted the following notice:
    "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.   A  first  violation  of  this subsection is a Class A
misdemeanor, punishable by a term of imprisonment for  up  to
one  year, or by a fine not to exceed $1,000, or by both such
term and fine. A second or subsequent violation is a Class  4
felony."
    The  report required by this Act shall include, if known,
the name and address of the child and his  parents  or  other
persons  having  his  custody; the child's age; the nature of
the child's condition  including  any  evidence  of  previous
injuries  or disabilities; and any other information that the
person  filing  the  report  believes  might  be  helpful  in
establishing the cause of  such  abuse  or  neglect  and  the
identity  of the person believed to have caused such abuse or
neglect. Reports made to the  central  register  through  the
State-wide,  toll-free  telephone number shall be immediately
transmitted to the appropriate Child Protective Service Unit.
The Department shall within 24 hours orally notify local  law
enforcement  personnel and the office of the State's Attorney
of the involved county of the receipt of any report  alleging
the  death  of  a child, serious injury to a child including,
but not limited to, brain damage, skull  fractures,  subdural
hematomas,  and,  internal  injuries,  torture  of  a  child,
malnutrition  of  a  child,  and  sexual  abuse  to  a child,
including, but not limited  to,  sexual  intercourse,  sexual
exploitation,  sexual  molestation,  and sexually transmitted
disease in a child age twelve and under.   All  oral  reports
made by the Department to local law enforcement personnel and
the  office  of  the  State's Attorney of the involved county
shall be confirmed in writing within 48  hours  of  the  oral
report.  All reports by persons mandated to report under this
Act  shall  be  confirmed in writing to the appropriate Child
Protective Service Unit, which may be on  forms  supplied  by
the Department, within 48 hours of any initial report.
    Written confirmation reports from persons not required to
report  by  this  Act  may  be  made to the appropriate Child
Protective  Service  Unit.   Written  reports  from   persons
required  by  this  Act  to  report  shall  be  admissible in
evidence in any judicial proceeding relating to  child  abuse
or neglect.  Reports involving known or suspected child abuse
or  neglect  in  public  or  private  residential agencies or
institutions shall be made and received in the same manner as
all other reports made under this Act.
(Source: P.A. 89-187, eff. 7-19-95.)

    (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
    Sec. 7.1.   (a)  To  the  fullest  extent  feasible,  the
Department   shall   cooperate   with   and  shall  seek  the
cooperation and involvement of  all  appropriate  public  and
private agencies, including health, education, social service
and  law enforcement agencies, religious institutions, courts
of competent jurisdiction, and  agencies,  organizations,  or
programs  providing  or concerned with human services related
to the prevention, identification or treatment of child abuse
or neglect.
    Such cooperation  and  involvement  shall  include  joint
consultation   and   services,  joint  planning,  joint  case
management, joint public education and information  services,
joint  utilization of facilities, joint staff development and
other training, and the creation  of  multidisciplinary  case
diagnostic,   case  handling,  case  management,  and  policy
planning teams. Such cooperation and involvement  shall  also
include   consultation   and   planning   with  the  Illinois
Department  of  Human   Services   regarding   referrals   to
designated  perinatal  centers  of newborn children requiring
protective custody under this Act, whose life or  development
may   be   threatened   by   a  developmental  disability  or
handicapping condition.
    For implementing such intergovernmental  cooperation  and
involvement, units of local government and public and private
agencies  may  apply  for  and receive federal or State funds
from the Department under this Act or seek and receive  gifts
from  local  philanthropic  or other private local sources in
order  to  augment  any  State  funds  appropriated  for  the
purposes of this Act.
    (b)  The Department may establish up to 5  demonstrations
of  multidisciplinary  teams  to  advise,  review and monitor
cases of child abuse and neglect brought by the Department or
any member of the team.  The  Director  shall  determine  the
criteria by which certain cases of child abuse or neglect are
brought  to  the multidisciplinary teams.  The criteria shall
include  but  not  be  limited   to   geographic   area   and
classification  of  certain  cases where allegations are of a
severe nature.  Each multidisciplinary team shall consist  of
7 to 10 members appointed by the Director, including, but not
limited  to  representatives from the medical, mental health,
educational, juvenile justice,  law  enforcement  and  social
service fields.
(Source: P.A. 89-507, eff. 7-1-97.)

    (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
    Sec.  7.4.   (a)  The  Department  shall  be  capable  of
receiving  reports  of  suspected  child  abuse or neglect 24
hours a day, 7 days a week.  Whenever the Department receives
a report alleging that a child is  a  truant  as  defined  in
Section  26-2a  of  The  School  Code,  as  now  or hereafter
amended, the Department shall notify  the  superintendent  of
the  school  district  in  which  the  child  resides and the
appropriate superintendent of the educational service region.
The  notification  to  the  appropriate  officials   by   the
Department  shall not be considered an allegation of abuse or
neglect under this Act.
    (b) (1)  The following procedures shall  be  followed  in
the  investigation  of  all  reports  of  suspected  abuse or
neglect of a child, except as provided in subsection  (c)  of
this Section.
    (2)  If   it   appears   that  the  immediate  safety  or
well-being of a child is endangered, that the family may flee
or the child  disappear,  or  that  the  facts  otherwise  so
warrant,  the Child Protective Service Unit shall commence an
investigation immediately, regardless of the time of  day  or
night.   In all other cases, investigation shall be commenced
within 24 hours of receipt of the report. Upon receipt  of  a
report,  the  Child  Protective  Service  Unit  shall make an
initial investigation and an  initial  determination  whether
the  report is a good faith indication of alleged child abuse
or neglect.
    (3)  If the Unit determines the report is  a  good  faith
indication  of  alleged child abuse or neglect, then a formal
investigation shall commence and, pursuant to Section 7.12 of
this Act, may or may not result in an indicated report.   The
formal  investigation  shall include: direct contact with the
subject or subjects of the report as soon as  possible  after
the  report  is received; an evaluation of the environment of
the child named in the report and any other children  in  the
same  environment;  a  determination  of  the  risk  to  such
children   if   they  continue  to  remain  in  the  existing
environments, as well  as  a  determination  of  the  nature,
extent  and cause of any condition enumerated in such report;
the  name,  age  and  condition  of  other  children  in  the
environment; and an evaluation as to whether there  would  be
an  immediate  and  urgent necessity to remove the child from
the environment if appropriate family  preservation  services
were  provided.   After  seeing to the safety of the child or
children, the Department shall forthwith notify the  subjects
of  the report in writing, of the existence of the report and
their rights existing under this Act in regard  to  amendment
or  expungement. To fulfill the requirements of this Section,
the Child Protective Service Unit shall have  the  capability
of   providing   or  arranging  for  comprehensive  emergency
services to children and families at all times of the day  or
night.
    (4)  If  (i)  at  the  conclusion  of  the Unit's initial
investigation of a report, the Unit determines the report  to
be  a good faith indication of alleged child abuse or neglect
that  warrants  a  formal  investigation  by  the  Unit,  the
Department,  any  law  enforcement  agency   or   any   other
responsible agency and (ii) the person who is alleged to have
caused  the abuse or neglect is employed or otherwise engaged
in an activity resulting in frequent  contact  with  children
and  the  alleged  abuse or neglect are in the course of such
employment or activity, then the Department shall, except  in
investigations   where  the  Director  determines  that  such
notification  would  be  detrimental  to   the   Department's
investigation,   inform   the   appropriate   supervisor   or
administrator  of  that  employment or activity that the Unit
has commenced a formal investigation pursuant  to  this  Act,
which  may  or  may  not  result  in an indicated report. The
Department shall also notify the person  being  investigated,
unless  the Director determines that  such notification would
be detrimental to the Department's investigation.
    (c)  In an investigation of a report of  suspected  abuse
or  neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable  efforts
to follow the following procedures:
         (1)  Investigations involving teachers shall not, to
    the  extent  possible,  be  conducted when the teacher is
    scheduled to conduct classes.   Investigations  involving
    other  school  employees  shall  be  conducted  so  as to
    minimize  disruption  of  the  school  day.   The  school
    employee accused of child abuse or neglect may  have  his
    superior, his association or union representative and his
    attorney present at any interview or meeting at which the
    teacher  or administrator is present.  The accused school
    employee shall be informed by  a  representative  of  the
    Department,  at  any interview or meeting, of the accused
    school employee's due process rights and of the steps  in
    the investigation process. The information shall include,
    but need not necessarily be limited to the right, subject
    to the approval of the Department, of the school employee
    to  confront  the  accuser, if the accuser is 14 years of
    age or  older,  or  the  right  to  review  the  specific
    allegations which gave rise to the investigation, and the
    right to review all materials and evidence that have been
    submitted to the Department in support of the allegation.
    These  due process rights shall also include the right of
    the school employee to  present  countervailing  evidence
    regarding the accusations.
         (2)  If a report of neglect or abuse of a child by a
    teacher  or administrator does not involve allegations of
    sexual  abuse  or  extreme  physical  abuse,  the   Child
    Protective  Service Unit shall make reasonable efforts to
    conduct the initial investigation  in  coordination  with
    the employee's supervisor.
         If  the  Unit  determines  that the report is a good
    faith indication of potential child abuse or neglect,  it
    shall   then   commence   a  formal  investigation  under
    paragraph (3) of subsection (b) of this Section.
         (3)  If a report of neglect or abuse of a child by a
    teacher or administrator involves an allegation of sexual
    abuse or extreme physical  abuse,  the  Child  Protective
    Unit  shall commence an investigation under paragraph (2)
    of subsection (b) of this Section.
    (d)  If the Department has contact with an  employer,  or
with  a  religious  institution  or religious official having
supervisory or hierarchical authority over a  member  of  the
clergy  accused of the abuse of a child, in the course of its
investigation, the Department shall notify  the  employer  or
the  religious institution or religious official, in writing,
when a  report  is  unfounded  so  that  any  record  of  the
investigation  can  be expunged from the employee's or member
of the clergy's personnel or other records.   The  Department
shall  also  notify the employee or the member of the clergy,
in writing, that notification has been sent to  the  employer
or  to  the  appropriate  religious  institution or religious
official informing the employer or religious  institution  or
religious  official  that  the Department's investigation has
resulted in an unfounded report.
    (e)  Upon request by the Department,  the  Department  of
State  Police  and law enforcement agencies are authorized to
provide criminal history record information   as  defined  in
the   Illinois   Uniform   Conviction   Information  Act  and
information maintained in the adjudicatory and  dispositional
record   system   as  defined  in  Section  2605-355  of  the
Department of State Police Law  (20  ILCS  2605/2605-355)  to
properly  designated  employees of the Department of Children
and  Family  Services  if  the  Department   determines   the
information  is  necessary  to  perform  its duties under the
Abused and Neglected Child Reporting Act, the Child Care  Act
of  1969,  and  the  Children  and  Family Services Act.  The
request shall be in the  form  and  manner  required  by  the
Department  of State Police.  Any information obtained by the
Department of Children and Family Services under this Section
is confidential  and  may  not  be  transmitted  outside  the
Department  of  Children  and Family Services other than to a
court  of  competent   jurisdiction   or   unless   otherwise
authorized by law. Any employee of the Department of Children
and Family Services who transmits confidential information in
violation  of  this  Section  or causes the information to be
transmitted in violation of this Section is guilty of a Class
A misdemeanor unless the transmittal of  the  information  is
authorized by this Section or otherwise authorized by law.
(Source: P.A. 91-239, eff. 1-1-00.)

    (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
    Sec.  7.14.  All reports in the central register shall be
classified  in  one   of   three   categories:   "indicated",
"unfounded" or "undetermined", as the case may be.  After the
report  is  classified,  the person making the classification
shall determine whether the child named in the report is  the
subject  of  an action under Article II of the Juvenile Court
Act of 1987.  If the child is the subject of an action  under
Article  II  of  the Juvenile Court Act, the Department shall
transmit a copy of  the  report  to  the  guardian  ad  litem
appointed  for  the  child under Section 2-17 of the Juvenile
Court Act.  All information identifying the  subjects  of  an
unfounded   report   shall  be  expunged  from  the  register
forthwith, except  as  provided  in  Section  7.7.  Unfounded
reports  may  only  be made available to the Child Protective
Service  Unit  when  investigating  a  subsequent  report  of
suspected abuse or maltreatment involving a  child  named  in
the  unfounded  report;  and  to  the  subject of the report,
provided that the subject requests the report within 60  days
of  being  notified that the report was unfounded.  The Child
Protective Service Unit shall  not  indicate  the  subsequent
report solely based upon the existence of the prior unfounded
report  or  reports.   Notwithstanding any other provision of
law to  the  contrary,  an  unfounded  report  shall  not  be
admissible  in  any  judicial or administrative proceeding or
action. Identifying information on all other records shall be
removed from the register no later than  5  years  after  the
report  is  indicated. However, if another report is received
involving the same child, his  sibling  or  offspring,  or  a
child  in the care of the persons responsible for the child's
welfare,  or  involving  the  same  alleged   offender,   the
identifying  information  may  be  maintained in the register
until 5 years after the subsequent case or report is closed.
    Notwithstanding any  other  provision  of  this  Section,
identifying  information  in  indicated reports involving the
sexual abuse of a child, the death of  a  child,  or  serious
physical  injury  to  a child as defined by the Department in
rules, may be retained longer than 5 years after  the  report
is  indicated  or  after  the  subsequent  case  or report is
closed, and may not be removed from the  register  except  as
provided by the Department in rules.
(Source: P.A. 90-15, eff. 6-13-97.)

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

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

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 23, 2002.
    Approved August 16, 2002.
    Effective August 16, 2002.

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