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91_HB2040
LRB9102359RCpr
1 AN ACT to amend the Illinois Domestic Violence Act of
2 1986 by adding Section 301.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Domestic Violence Act of 1986 is
6 amended by adding Section 301.2 as follows:
7 (750 ILCS 60/301.2 new)
8 Sec. 301.2. Domestic violence; health care provider
9 report.
10 (a) A physician, resident, intern, hospital, hospital
11 administrator and personnel engaged in examination, care, and
12 treatment of persons, surgeon, dentist, dentist hygienist,
13 osteopath, chiropractor, podiatrist, physician assistant,
14 substance abuse treatment personnel, Christian Science
15 practitioner, funeral home director or employee, coroner,
16 medical examiner, emergency medical technician,
17 acupuncturist, crisis line or hotline personnel, social
18 worker, social services administrator, domestic violence
19 program personnel, registered nurse, licensed practical
20 nurse, recreational program or facility personnel, registered
21 psychologist and assistants working under the direct
22 supervision of a psychologist, psychiatrist, or field
23 personnel of the Illinois Department of Public Aid, Public
24 Health, Human Services, Corrections, Human Rights, supervisor
25 and administrator of general assistance under the Illinois
26 Public Aid Code, having reasonable cause to believe a person
27 at least 18 years of age who is not an eligible adult under
28 the Elder Abuse and Neglect Act or having reasonable cause to
29 believe a person under 18 years of age who is legally
30 emancipated and who is known to them in their professional or
31 official capacity may be a victim of domestic violence must
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1 immediately report or cause a report to be made to a law
2 enforcement agency. Whenever a person is required to report
3 under this Act in his or her capacity as a member of the
4 staff of a medical or other public or private institution,
5 facility or agency, he or she must make a report immediately
6 to the law enforcement agency in accordance with the
7 provisions of this Act and may also notify the person in
8 charge of the institution, facility or agency or his or her
9 designated agent that the report has been made. Under no
10 circumstances may a person in charge of the institution,
11 facility, or agency, or his or her designated agent to whom
12 the notification has been made, exercise any control,
13 restraint, modification, or other change in the report or the
14 forwarding of the report to the law enforcement agency. The
15 privileged quality of communication between any professional
16 person required to report and his or her patient or client
17 does not apply to situations involving domestic violence and
18 does not constitute grounds for failure to report as required
19 by this Act. In addition to the persons required to report
20 suspected cases of domestic violence, any other person may
21 make a report if the person has reasonable cause to believe a
22 person may be a victim of domestic violence. Any person who
23 enters into employment on and after the effective date of
24 this amendatory Act of 1999 and is mandated by virtue of that
25 employment to report under this Act, must sign a statement on
26 a form prescribed by the domestic violence mandated reporting
27 advisory board of the county in which the person required to
28 report is primarily employed, to the effect that the
29 employee has knowledge and understanding of the reporting
30 requirements of this Act. The statement must be signed
31 before commencement of the employment. The signed statement
32 must be retained by the employer. The cost of printing,
33 distribution, and filing of the statement must be borne by
34 the employer. The domestic violence mandated reporting
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1 advisory board must provide copies of this Act, upon request,
2 to all employers employing persons who must be required under
3 the provisions of this Section to report under this Act.
4 Any person who knowingly transmits a false report to the
5 law enforcement agency is guilty of a Class A misdemeanor for
6 a first offense and for a second or subsequent offense, a
7 Class 4 felony.
8 A person who knowingly and willfully violates any
9 provision of this Section other than a second or subsequent
10 violation of transmitting a false report as described in the
11 preceding paragraph, is guilty of a Class A misdemeanor.
12 (b) Each county must establish a domestic violence
13 mandated reporting advisory board. Each of the following
14 officers or agencies must designate a representative to serve
15 on the advisory board: the State's Attorney, the Sheriff,
16 the hospital or hospitals located within the county and its
17 emergency services personnel including physicians or nurses,
18 or both, the police department or departments located within
19 any municipality in which any hospital facility is located,
20 domestic violence victim services agency or agencies located
21 in the county and any of the other pertinent disciplines as
22 may be appointed by the chairman of the advisory board in
23 order to accomplish the purposes set forth in this subsection
24 (b).
25 The advisory board is to organize itself and elect from
26 among its members a chair and such other officers as are
27 deemed necessary. Until a chair is so elected, the State's
28 Attorney is to serve as interim chair. The Advisory board
29 must adopt, by a majority of the members, a written protocol
30 for the implementation of the mandated reporting provisions
31 imposed upon medical facilities, physicians, nurses, and
32 other persons under this Section taking into account the
33 protection planning needs of domestic violence victims.