093_HB0059ham001

 










                                     LRB093 02646 AMC 13138 a

 1                     AMENDMENT TO HOUSE BILL 59

 2        AMENDMENT NO.     .  Amend House Bill 59 by replacing the
 3    title with the following:
 4        "AN ACT concerning child care facilities."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

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

 9        (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
10        Sec. 4.2.  (a) No applicant may receive  a  license  from
11    the  Department  and  no person may be employed by a licensed
12    child care facility who refuses to authorize an investigation
13    as required by Section 4.1.
14        (b)  In addition to the other provisions of this Section,
15    no applicant may receive a license from the Department and no
16    person may be employed by a child care facility  licensed  by
17    the  Department  who  has  been declared a sexually dangerous
18    person under  "An  Act  in  relation  to  sexually  dangerous
19    persons,  and  providing  for their commitment, detention and
20    supervision", approved July 6, 1938, as amended, or convicted
21    of committing or attempting to commit any  of  the  following
 
                            -2-      LRB093 02646 AMC 13138 a
 1    offenses stipulated under the Criminal Code of 1961:
 2             (1)  murder;
 3             (1.1)  solicitation of murder;
 4             (1.2)  solicitation of murder for hire;
 5             (1.3)  intentional homicide of an unborn child;
 6             (1.4)  voluntary manslaughter of an unborn child;
 7             (1.5)  involuntary manslaughter;
 8             (1.6)  reckless homicide;
 9             (1.7)  concealment of a homicidal death;
10             (1.8)  involuntary manslaughter of an unborn child;
11             (1.9)  reckless homicide of an unborn child;
12             (1.10)  drug-induced homicide;
13             (2)  a sex offense under Article 11, except offenses
14        described in Sections 11-7, 11-8, 11-12, and 11-13;
15             (3)  kidnapping;
16             (3.1)  aggravated unlawful restraint;
17             (3.2)  forcible detention;
18             (3.3)  harboring a runaway;
19             (3.4)  aiding and abetting child abduction;
20             (4)  aggravated kidnapping;
21             (5)  child abduction;
22             (6)  aggravated battery of a child;
23             (7)  criminal sexual assault;
24             (8)  aggravated criminal sexual assault;
25             (8.1)  predatory criminal sexual assault of a child;
26             (9)  criminal sexual abuse;
27             (10)  aggravated sexual abuse;
28             (11)  heinous battery;
29             (12)  aggravated battery with a firearm;
30             (13)  tampering with food, drugs, or cosmetics;
31             (14)  drug induced infliction of great bodily harm;
32             (15)  hate crime;
33             (16)  stalking;
34             (17)  aggravated stalking;
 
                            -3-      LRB093 02646 AMC 13138 a
 1             (18)  threatening public officials;
 2             (19)  home invasion;
 3             (20)  vehicular invasion;
 4             (21)  criminal transmission of HIV;
 5             (22)  criminal  abuse  or  neglect  of an elderly or
 6        disabled person;
 7             (23)  child abandonment;
 8             (24)  endangering the life or health of a child;
 9             (25)  ritual mutilation;
10             (26)  ritualized abuse of a child;
11             (27)  an offense in any other jurisdiction state the
12        elements of which are  similar  and  bear  a  substantial
13        relationship to any of the foregoing offenses.
14        (b-1)  In  addition  to  the  other  provisions  of  this
15    Section,  beginning January 1, 2004, no new applicant and, on
16    the date  of  licensure  renewal,  no  current  licensee  may
17    operate  or receive a license from the Department to operate,
18    no person may be employed by, and no adult person may  reside
19    in  a  child care facility licensed by the Department who has
20    been convicted of committing or attempting to commit  any  of
21    the   following   offenses   or   an  offense  in  any  other
22    jurisdiction the elements of which are  similar  and  bear  a
23    substantial relationship to any of the following offenses:

24                           (I) BODILY HARM

25             (1)  Felony aggravated assault.
26             (2)  Vehicular endangerment.
27             (3)  Felony domestic battery.
28             (4)  Aggravated battery.
29             (5)  Heinous battery.
30             (6)  Aggravated battery with a firearm.
31             (7)  Aggravated battery of an unborn child.
32             (8)  Aggravated battery of a senior citizen.
33             (9)  Intimidation.
 
                            -4-      LRB093 02646 AMC 13138 a
 1             (10)  Compelling organization membership of persons.
 2             (11)  Abuse  and  gross  neglect of a long term care
 3        facility resident.
 4             (12)  Felony violation of an order of protection.

 5     (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 6             (1)  Felony unlawful use of weapons.
 7             (2)  Aggravated discharge of a firearm.
 8             (3)  Reckless discharge of a firearm.
 9             (4)  Unlawful use of metal piercing bullets.
10             (5)  Unlawful sale or delivery of  firearms  on  the
11        premises of any school.
12             (6)  Disarming a police officer.
13             (7)  Obstructing justice.
14             (8)  Concealing or aiding a fugitive.
15             (9)  Armed violence.
16             (10)  Felony    contributing    to    the   criminal
17        delinquency of a juvenile.

18                         (III) DRUG OFFENSES

19             (1)  Possession of more than 30 grams of cannabis.
20             (2)  Manufacture of more than 10 grams of cannabis.
21             (3)  Cannabis trafficking.
22             (4)  Delivery of cannabis on school grounds.
23             (5)  Unauthorized production of more than 5 cannabis
24        sativa plants.
25             (6)  Calculated criminal cannabis conspiracy.
26             (7)  Unauthorized   manufacture   or   delivery   of
27        controlled substances.
28             (8)  Controlled substance trafficking.
29             (9)  Manufacture, distribution, or advertisement  of
30        look-alike substances.
31             (10)  Calculated criminal drug conspiracy.
32             (11)  Street gang criminal drug conspiracy.
 
                            -5-      LRB093 02646 AMC 13138 a
 1             (12)  Permitting unlawful use of a building.
 2             (13)  Delivery   of   controlled,   counterfeit,  or
 3        look-alike substances to persons  under  age  18,  or  at
 4        truck  stops,  rest  stops,  or  safety rest areas, or on
 5        school property.
 6             (14)  Using, engaging, or employing persons under 18
 7        to  deliver  controlled,   counterfeit,   or   look-alike
 8        substances.
 9             (15)  Delivery of controlled substances.
10             (16)  Sale or delivery of drug paraphernalia.
11             (17)  Felony   possession,   sale,  or  exchange  of
12        instruments adapted for use of a controlled substance  or
13        cannabis by subcutaneous injection.
14             (18)  Felony possession of a controlled substance.
15        (b-2)  For child care facilities other than foster family
16    homes,  the  Department  may  issue a new child care facility
17    license to or renew the existing child care facility  license
18    of  an applicant, a person employed by a child care facility,
19    or an applicant who has an adult residing  in  a  home  child
20    care  facility  who  was convicted of an offense described in
21    subsection  (b-1),  provided  that  all  of   the   following
22    requirements are met:
23             (1)  The  relevant  criminal  offense  occurred more
24        than 5 years prior to the date of application or renewal,
25        except for drug offenses. The relevant drug offense  must
26        have  occurred  more  than  10 years prior to the date of
27        application or renewal, unless  the  applicant  passed  a
28        drug  test,  arranged  and  paid  for  by  the child care
29        facility,  no  more  than  60  days   before   or   after
30        application or application for renewal.
31             (2)  The  Department must conduct a background check
32        and assess all convictions  and  recommendations  of  the
33        child care facility to determine if waiver shall apply in
34        accordance   with  Department  administrative  rules  and
 
                            -6-      LRB093 02646 AMC 13138 a
 1        procedures.
 2             (3)  The applicant meets all other requirements  and
 3        qualifications  to  be  licensed as the pertinent type of
 4        child care facility under this Act and  the  Department's
 5        administrative rules.
 6        (c)  In  addition to the other provisions of this Section
 7    set forth in subsection  (b),  no  applicant  may  receive  a
 8    license  from the Department to operate a foster family home,
 9    and no adult person  may  reside  in  a  foster  family  home
10    licensed  by  the  Department,  who  has  been  convicted  of
11    committing  or  attempting  to  commit  any  of the following
12    offenses stipulated under the  Criminal  Code  of  1961,  the
13    Cannabis  Control Act, and the Illinois Controlled Substances
14    Act:

15              (I)  OFFENSES DIRECTED AGAINST THE PERSON

16        (A)  KIDNAPPING AND RELATED OFFENSES
17             (1)  Unlawful restraint.

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

32              (II)  OFFENSES DIRECTED AGAINST PROPERTY
 
                            -7-      LRB093 02646 AMC 13138 a
 1             (14)  Felony theft.
 2             (15)  Robbery.
 3             (16)  Armed robbery.
 4             (17)  Aggravated robbery.
 5             (18)  Vehicular hijacking.
 6             (19)  Aggravated vehicular hijacking.
 7             (20)  Burglary.
 8             (21)  Possession of burglary tools.
 9             (22)  Residential burglary.
10             (23)  Criminal   fortification  of  a  residence  or
11        building.
12             (24)  Arson.
13             (25)  Aggravated arson.
14             (26)  Possession   of   explosive    or    explosive
15        incendiary devices.

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

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

29                         (IV)  DRUG OFFENSES

30             (37)  Possession of more than 30 grams of cannabis.
31             (38)  Manufacture of more than 10 grams of cannabis.
32             (39)  Cannabis trafficking.
 
                            -8-      LRB093 02646 AMC 13138 a
 1             (40)  Delivery of cannabis on school grounds.
 2             (41)  Unauthorized   production   of   more  than  5
 3        cannabis sativa plants.
 4             (42)  Calculated criminal cannabis conspiracy.
 5             (43)  Unauthorized  manufacture   or   delivery   of
 6        controlled substances.
 7             (44)  Controlled substance trafficking.
 8             (45)  Manufacture, distribution, or advertisement of
 9        look-alike substances.
10             (46)  Calculated criminal drug conspiracy.
11             (46.5)  Streetgang criminal drug conspiracy.
12             (47)  Permitting unlawful use of a building.
13             (48)  Delivery   of   controlled,   counterfeit,  or
14        look-alike substances to persons  under  age  18,  or  at
15        truck  stops,  rest  stops,  or  safety rest areas, or on
16        school property.
17             (49)  Using, engaging, or employing persons under 18
18        to  deliver  controlled,   counterfeit,   or   look-alike
19        substances.
20             (50)  Delivery of controlled substances.
21             (51)  Sale or delivery of drug paraphernalia.
22             (52)  Felony   possession,   sale,  or  exchange  of
23        instruments adapted for use of a controlled substance  or
24        cannabis by subcutaneous injection.
25        (d)  Notwithstanding  subsection  (c), the Department may
26    issue a new foster  family  home  license  or  may  renew  an
27    existing  foster  family home license of an applicant who was
28    convicted of an offense described in subsection (c), provided
29    all of the following requirements are met:
30             (1)  The  relevant  criminal  offense  or   offenses
31        occurred  more  than  10  years  prior  to  the  date  of
32        application or renewal.
33             (2)  The  applicant  had  previously  disclosed  the
34        conviction  or convictions to the Department for purposes
 
                            -9-      LRB093 02646 AMC 13138 a
 1        of a background check.
 2             (3)  After the  disclosure,  the  Department  either
 3        placed  a  child  in  the  home or the foster family home
 4        license was issued.
 5             (4)  During the background check, the Department had
 6        assessed and waived the conviction in compliance with the
 7        existing statutes and rules in effect at the time of  the
 8        waiver.
 9             (5)  The  applicant meets all other requirements and
10        qualifications to be licensed as  a  foster  family  home
11        under this Act and the Department's administrative rules.
12             (6)  The  applicant  has  a  history  of providing a
13        safe,  stable  home  environment  and  appears  able   to
14        continue to provide a safe, stable home environment.
15    (Source: P.A. 91-357, eff. 7-29-99; 92-328, eff. 1-1-02.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.".