093_HB0059

 
                                     LRB093 02646 AMC 02656 b

 1        AN ACT concerning day care homes.

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

 4        Section  5.  The Child Care Act of  1969  is  amended  by
 5    changing Section 4.2 as follows:

 6        (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
 7        Sec.  4.2.   (a)  No applicant may receive a license from
 8    the Department and no person may be employed  by  a  licensed
 9    child care facility who refuses to authorize an investigation
10    as required by Section 4.1.
11        (b)  No   applicant   may  receive  a  license  from  the
12    Department and no person may be  employed  by  a  child  care
13    facility  licensed  by the Department who has been declared a
14    sexually dangerous  person  under  "An  Act  in  relation  to
15    sexually   dangerous   persons,   and   providing  for  their
16    commitment, detention  and  supervision",  approved  July  6,
17    1938, as amended, or convicted of committing or attempting to
18    commit  any  of  the  following offenses stipulated under the
19    Criminal Code of 1961:
20             (1)  murder;
21             (1.1)  solicitation of murder;
22             (1.2)  solicitation of murder for hire;
23             (1.3)  intentional homicide of an unborn child;
24             (1.4)  voluntary manslaughter of an unborn child;
25             (1.5)  involuntary manslaughter;
26             (1.6)  reckless homicide;
27             (1.7)  concealment of a homicidal death;
28             (1.8)  involuntary manslaughter of an unborn child;
29             (1.9)  reckless homicide of an unborn child;
30             (1.10)  drug-induced homicide;
31             (2)  a sex offense under Article 11, except offenses
 
                            -2-      LRB093 02646 AMC 02656 b
 1        described in Sections 11-7, 11-8, 11-12, and 11-13;
 2             (3)  kidnapping;
 3             (3.1)  aggravated unlawful restraint;
 4             (3.2)  forcible detention;
 5             (3.3)  harboring a runaway;
 6             (3.4)  aiding and abetting child abduction;
 7             (4)  aggravated kidnapping;
 8             (5)  child abduction;
 9             (6)  aggravated battery of a child;
10             (7)  criminal sexual assault;
11             (8)  aggravated criminal sexual assault;
12             (8.1)  predatory criminal sexual assault of a child;
13             (9)  criminal sexual abuse;
14             (10)  aggravated sexual abuse;
15             (11)  heinous battery;
16             (12)  aggravated battery with a firearm;
17             (13)  tampering with food, drugs, or cosmetics;
18             (14)  drug induced infliction of great bodily harm;
19             (15)  hate crime;
20             (16)  stalking;
21             (17)  aggravated stalking;
22             (18)  threatening public officials;
23             (19)  home invasion;
24             (20)  vehicular invasion;
25             (21)  criminal transmission of HIV;
26             (22)  criminal abuse or neglect  of  an  elderly  or
27        disabled person;
28             (23)  child abandonment;
29             (24)  endangering the life or health of a child;
30             (25)  ritual mutilation;
31             (26)  ritualized abuse of a child;
32             (27)  an  offense in any other state the elements of
33        which are similar and bear a substantial relationship  to
34        any of the foregoing offenses.
 
                            -3-      LRB093 02646 AMC 02656 b
 1        (c)  In   addition   to   the  provisions  set  forth  in
 2    subsection (b), no applicant may receive a license  from  the
 3    Department  to  operate  a  child care facility foster family
 4    home, and no adult person may reside in a child care facility
 5    foster family home licensed by the Department, who  has  been
 6    convicted  of  committing  or attempting to commit any of the
 7    following offenses stipulated  under  the  Criminal  Code  of
 8    1961,  the  Cannabis Control Act, and the Illinois Controlled
 9    Substances Act:

10              (I)  OFFENSES DIRECTED AGAINST THE PERSON

11        (A)  KIDNAPPING AND RELATED OFFENSES
12             (1)  Unlawful restraint.

13        (B)  BODILY HARM
14             (2)  Felony aggravated assault.
15             (3)  Vehicular endangerment.
16             (4)  Felony domestic battery.
17             (5)  Aggravated battery.
18             (6)  Heinous battery.
19             (7)  Aggravated battery with a firearm.
20             (8)  Aggravated battery of an unborn child.
21             (9)  Aggravated battery of a senior citizen.
22             (10)  Intimidation.
23             (11)  Compelling organization membership of persons.
24             (12)  Abuse and gross neglect of a  long  term  care
25        facility resident.
26             (13)  Felony violation of an order of protection.

27              (II)  OFFENSES DIRECTED AGAINST PROPERTY

28             (14)  Felony theft.
29             (15)  Robbery.
30             (16)  Armed robbery.
31             (17)  Aggravated robbery.
32             (18)  Vehicular hijacking.
 
                            -4-      LRB093 02646 AMC 02656 b
 1             (19)  Aggravated vehicular hijacking.
 2             (20)  Burglary.
 3             (21)  Possession of burglary tools.
 4             (22)  Residential burglary.
 5             (23)  Criminal   fortification  of  a  residence  or
 6        building.
 7             (24)  Arson.
 8             (25)  Aggravated arson.
 9             (26)  Possession   of   explosive    or    explosive
10        incendiary devices.

11    (III)  OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

12             (27)  Felony unlawful use of weapons.
13             (28)  Aggravated discharge of a firearm.
14             (29)  Reckless discharge of a firearm.
15             (30)  Unlawful use of metal piercing bullets.
16             (31)  Unlawful  sale  or delivery of firearms on the
17        premises of any school.
18             (32)  Disarming a police officer.
19             (33)  Obstructing justice.
20             (34)  Concealing or aiding a fugitive.
21             (35)  Armed violence.
22             (36)  Felony   contributing    to    the    criminal
23        delinquency of a juvenile.

24                         (IV)  DRUG OFFENSES

25             (37)  Possession of more than 30 grams of cannabis.
26             (38)  Manufacture of more than 10 grams of cannabis.
27             (39)  Cannabis trafficking.
28             (40)  Delivery of cannabis on school grounds.
29             (41)  Unauthorized   production   of   more  than  5
30        cannabis sativa plants.
31             (42)  Calculated criminal cannabis conspiracy.
32             (43)  Unauthorized  manufacture   or   delivery   of
 
                            -5-      LRB093 02646 AMC 02656 b
 1        controlled substances.
 2             (44)  Controlled substance trafficking.
 3             (45)  Manufacture, distribution, or advertisement of
 4        look-alike substances.
 5             (46)  Calculated criminal drug conspiracy.
 6             (46.5)  Streetgang criminal drug conspiracy.
 7             (47)  Permitting unlawful use of a building.
 8             (48)  Delivery   of   controlled,   counterfeit,  or
 9        look-alike substances to persons  under  age  18,  or  at
10        truck  stops,  rest  stops,  or  safety rest areas, or on
11        school property.
12             (49)  Using, engaging, or employing persons under 18
13        to  deliver  controlled,   counterfeit,   or   look-alike
14        substances.
15             (50)  Delivery of controlled substances.
16             (51)  Sale or delivery of drug paraphernalia.
17             (52)  Felony   possession,   sale,  or  exchange  of
18        instruments adapted for use of a controlled substance  or
19        cannabis by subcutaneous injection.
20        (d)  Notwithstanding  subsection  (c), the Department may
21    issue a new child care facility foster family home license to
22    or may renew the  an  existing  child  care  facility  foster
23    family  home  license of an applicant who was convicted of an
24    offense described in subsection  (c),  provided  all  of  the
25    following requirements are met:
26             (1)  The   relevant  criminal  offense  or  offenses
27        occurred  more  than  10  years  prior  to  the  date  of
28        application or renewal.
29             (2)  The  applicant  had  previously  disclosed  the
30        conviction or convictions to the Department for  purposes
31        of a background check.
32             (3)  After  the  disclosure,  the  Department either
33        placed a child in the child care  facility  home  or  the
34        child  care  facility  foster  family  home  license  was
 
                            -6-      LRB093 02646 AMC 02656 b
 1        issued.
 2             (4)  During the background check, the Department had
 3        assessed and waived the conviction in compliance with the
 4        existing  statutes and rules in effect at the time of the
 5        waiver.
 6             (5)  The applicant meets all other requirements  and
 7        qualifications  to  be  licensed as the pertinent type of
 8        child care facility a foster family home under  this  Act
 9        and the Department's administrative rules.
10             (6)  The  applicant  has  a  history  of providing a
11        safe,  stable  home  environment  and  appears  able   to
12        continue to provide a safe, stable home environment.
13    (Source: P.A. 91-357, eff. 7-29-99; 92-328, eff. 1-1-02.)

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