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92_HB5002sam003
LRB9214443REdvam02
1 AMENDMENT TO HOUSE BILL 5002
2 AMENDMENT NO. . Amend House Bill 5002 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Abused and Neglected Child Reporting Act
5 is amended by changing Sections 2, 3, 4, 4.02, 7, 7.1, 7.4,
6 and 7.14 as follows:
7 (325 ILCS 5/2) (from Ch. 23, par. 2052)
8 Sec. 2. The Illinois Department of Children and Family
9 Services shall, upon receiving reports made under this Act,
10 protect the health, safety, and best interests of the child
11 in all situations in which the child is vulnerable to child
12 abuse or neglect, offer protective services in order to
13 prevent any further harm to the child and to other children
14 in the same environment or family, stabilize the home
15 environment, and preserve family life whenever possible.
16 Recognizing that children also can be abused and neglected
17 while living in public or private residential agencies or
18 institutions meant to serve them, while attending day care
19 centers, or schools, or religious activities, or when in
20 contact with adults who are responsible for the welfare of
21 the child at that time, this Act also provides for the
22 reporting and investigation of child abuse and neglect in
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1 such instances. In performing any of these duties, the
2 Department may utilize such protective services of voluntary
3 agencies as are available.
4 (Source: P.A. 90-28, eff. 1-1-98.)
5 (325 ILCS 5/3) (from Ch. 23, par. 2053)
6 Sec. 3. As used in this Act unless the context otherwise
7 requires:
8 "Child" means any person under the age of 18 years,
9 unless legally emancipated by reason of marriage or entry
10 into a branch of the United States armed services.
11 "Department" means Department of Children and Family
12 Services.
13 "Local law enforcement agency" means the police of a
14 city, town, village or other incorporated area or the sheriff
15 of an unincorporated area or any sworn officer of the
16 Illinois Department of State Police.
17 "Abused child" means a child whose parent or immediate
18 family member, or any person responsible for the child's
19 welfare, or any individual residing in the same home as the
20 child, or a paramour of the child's parent:
21 (a) a. inflicts, causes to be inflicted, or allows
22 to be inflicted upon such child physical injury, by other
23 than accidental means, which causes death, disfigurement,
24 impairment of physical or emotional health, or loss or
25 impairment of any bodily function;
26 (b) b. creates a substantial risk of physical
27 injury to such child by other than accidental means which
28 would be likely to cause death, disfigurement, impairment
29 of physical or emotional health, or loss or impairment of
30 any bodily function;
31 (c) c. commits or allows to be committed any sex
32 offense against such child, as such sex offenses are
33 defined in the Criminal Code of 1961, as amended, and
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1 extending those definitions of sex offenses to include
2 children under 18 years of age;
3 (d) d. commits or allows to be committed an act or
4 acts of torture upon such child;
5 (e) e. inflicts excessive corporal punishment;
6 (f) f. commits or allows to be committed the
7 offense of female genital mutilation, as defined in
8 Section 12-34 of the Criminal Code of 1961, against the
9 child; or
10 (g) g. causes to be sold, transferred, distributed,
11 or given to such child under 18 years of age, a
12 controlled substance as defined in Section 102 of the
13 Illinois Controlled Substances Act in violation of
14 Article IV of the Illinois Controlled Substances Act,
15 except for controlled substances that are prescribed in
16 accordance with Article III of the Illinois Controlled
17 Substances Act and are dispensed to such child in a
18 manner that substantially complies with the prescription.
19 A child shall not be considered abused for the sole
20 reason that the child has been relinquished in accordance
21 with the Abandoned Newborn Infant Protection Act.
22 "Neglected child" means any child who is not receiving
23 the proper or necessary nourishment or medically indicated
24 treatment including food or care not provided solely on the
25 basis of the present or anticipated mental or physical
26 impairment as determined by a physician acting alone or in
27 consultation with other physicians or otherwise is not
28 receiving the proper or necessary support or medical or other
29 remedial care recognized under State law as necessary for a
30 child's well-being, or other care necessary for his or her
31 well-being, including adequate food, clothing and shelter; or
32 who is abandoned by his or her parents or other person
33 responsible for the child's welfare without a proper plan of
34 care; or who is a newborn infant whose blood, urine, or
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1 meconium contains any amount of a controlled substance as
2 defined in subsection (f) of Section 102 of the Illinois
3 Controlled Substances Act or a metabolite thereof, with the
4 exception of a controlled substance or metabolite thereof
5 whose presence in the newborn infant is the result of medical
6 treatment administered to the mother or the newborn infant. A
7 child shall not be considered neglected for the sole reason
8 that the child's parent or other person responsible for his
9 or her welfare has left the child in the care of an adult
10 relative for any period of time. A child shall not be
11 considered neglected for the sole reason that the child has
12 been relinquished in accordance with the Abandoned Newborn
13 Infant Protection Act. A child shall not be considered
14 neglected or abused for the sole reason that such child's
15 parent or other person responsible for his or her welfare
16 depends upon spiritual means through prayer alone for the
17 treatment or cure of disease or remedial care as provided
18 under Section 4 of this Act. A child shall not be considered
19 neglected or abused solely because the child is not attending
20 school in accordance with the requirements of Article 26 of
21 The School Code, as amended.
22 "Child Protective Service Unit" means certain specialized
23 State employees of the Department assigned by the Director to
24 perform the duties and responsibilities as provided under
25 Section 7.2 of this Act.
26 "Person responsible for the child's welfare" means the
27 child's parent; guardian; foster parent; relative caregiver;
28 any person responsible for the child's welfare in a public or
29 private residential agency or institution; any person
30 responsible for the child's welfare within a public or
31 private profit or not for profit child care facility; or any
32 other person responsible for the child's welfare at the time
33 of the alleged abuse or neglect, or any person who came to
34 know the child through an official capacity or position of
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1 trust, including but not limited to health care
2 professionals, educational personnel, recreational
3 supervisors, members of the clergy, and volunteers or support
4 personnel in any setting where children may be subject to
5 abuse or neglect.
6 "Temporary protective custody" means custody within a
7 hospital or other medical facility or a place previously
8 designated for such custody by the Department, subject to
9 review by the Court, including a licensed foster home, group
10 home, or other institution; but such place shall not be a
11 jail or other place for the detention of criminal or juvenile
12 offenders.
13 "An unfounded report" means any report made under this
14 Act for which it is determined after an investigation that no
15 credible evidence of abuse or neglect exists.
16 "An indicated report" means a report made under this Act
17 if an investigation determines that credible evidence of the
18 alleged abuse or neglect exists.
19 "An undetermined report" means any report made under this
20 Act in which it was not possible to initiate or complete an
21 investigation on the basis of information provided to the
22 Department.
23 "Subject of report" means any child reported to the
24 central register of child abuse and neglect established under
25 Section 7.7 of this Act and his or her parent, guardian or
26 other person responsible who is also named in the report.
27 "Perpetrator" means a person who, as a result of
28 investigation, has been determined by the Department to have
29 caused child abuse or neglect.
30 "Member of the clergy" means a clergyman or practitioner
31 of any religious denomination accredited by the religious
32 body to which he or she belongs.
33 (Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01;
34 92-432, eff. 8-17-01.)
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1 (325 ILCS 5/4) (from Ch. 23, par. 2054)
2 Sec. 4. Persons required to report; privileged
3 communications; transmitting false report. Any physician,
4 resident, intern, hospital, hospital administrator and
5 personnel engaged in examination, care and treatment of
6 persons, surgeon, dentist, dentist hygienist, osteopath,
7 chiropractor, podiatrist, physician assistant, substance
8 abuse treatment personnel, Christian Science practitioner,
9 funeral home director or employee, coroner, medical examiner,
10 emergency medical technician, acupuncturist, crisis line or
11 hotline personnel, school personnel, educational advocate
12 assigned to a child pursuant to the School Code, truant
13 officers, social worker, social services administrator,
14 domestic violence program personnel, registered nurse,
15 licensed practical nurse, respiratory care practitioner,
16 advanced practice nurse, home health aide, director or staff
17 assistant of a nursery school or a child day care center,
18 recreational program or facility personnel, law enforcement
19 officer, registered psychologist and assistants working
20 under the direct supervision of a psychologist, psychiatrist,
21 or field personnel of the Illinois Department of Public Aid,
22 Public Health, Human Services (acting as successor to the
23 Department of Mental Health and Developmental Disabilities,
24 Rehabilitation Services, or Public Aid), Corrections, Human
25 Rights, or Children and Family Services, supervisor and
26 administrator of general assistance under the Illinois Public
27 Aid Code, probation officer, or any other foster parent,
28 homemaker or child care worker having reasonable cause to
29 believe a child known to them in their professional or
30 official capacity may be an abused child or a neglected child
31 shall immediately report or cause a report to be made to the
32 Department.
33 Any member of the clergy having reasonable cause to
34 believe that a child known to that member of the clergy in
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1 his or her professional capacity may be an abused child as
2 defined in item (c) of the definition of "abused child" in
3 Section 3 of this Act shall immediately report or cause a
4 report to be made to the Department.
5 Whenever such person is required to report under this Act
6 in his capacity as a member of the staff of a medical or
7 other public or private institution, school, facility or
8 agency, or as a member of the clergy, he shall make report
9 immediately to the Department in accordance with the
10 provisions of this Act and may also notify the person in
11 charge of such institution, school, facility or agency, or
12 church, synagogue, temple, mosque, or other religious
13 institution, or his designated agent that such report has
14 been made. Under no circumstances shall any person in charge
15 of such institution, school, facility or agency, or church,
16 synagogue, temple, mosque, or other religious institution, or
17 his designated agent to whom such notification has been made,
18 exercise any control, restraint, modification or other change
19 in the report or the forwarding of such report to the
20 Department.
21 The privileged quality of communication between any
22 professional person required to report and his patient or
23 client shall not apply to situations involving abused or
24 neglected children and shall not constitute grounds for
25 failure to report as required by this Act.
26 A member of the clergy may claim the privilege under
27 Section 8-803 of the Code of Civil Procedure.
28 In addition to the above persons required to report
29 suspected cases of abused or neglected children, any other
30 person may make a report if such person has reasonable cause
31 to believe a child may be an abused child or a neglected
32 child.
33 Any person who enters into employment on and after July
34 1, 1986 and is mandated by virtue of that employment to
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1 report under this Act, shall sign a statement on a form
2 prescribed by the Department, to the effect that the employee
3 has knowledge and understanding of the reporting requirements
4 of this Act. The statement shall be signed prior to
5 commencement of the employment. The signed statement shall
6 be retained by the employer. The cost of printing,
7 distribution, and filing of the statement shall be borne by
8 the employer.
9 The Department shall provide copies of this Act, upon
10 request, to all employers employing persons who shall be
11 required under the provisions of this Section to report under
12 this Act.
13 Any person who knowingly transmits a false report to the
14 Department commits the offense of disorderly conduct under
15 subsection (a)(7) of Section 26-1 of the "Criminal Code of
16 1961". Any person who violates this provision a second or
17 subsequent time shall be guilty of a Class 4 felony.
18 Any person who knowingly and willfully violates any
19 provision of this Section other than a second or subsequent
20 violation of transmitting a false report as described in the
21 preceding paragraph, is shall be guilty of a Class A
22 misdemeanor for a first violation and a Class 4 felony for a
23 second or subsequent violation.
24 A child whose parent, guardian or custodian in good faith
25 selects and depends upon spiritual means through prayer
26 alone for the treatment or cure of disease or remedial care
27 may be considered neglected or abused, but not for the sole
28 reason that his parent, guardian or custodian accepts and
29 practices such beliefs.
30 A child shall not be considered neglected or abused
31 solely because the child is not attending school in
32 accordance with the requirements of Article 26 of the School
33 Code, as amended.
34 (Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99;
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1 92-16, eff. 6-28-01.)
2 (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)
3 Sec. 4.02. Any physician who willfully fails to report
4 suspected child abuse or neglect as required by this Act
5 shall be referred to the Illinois State Medical Disciplinary
6 Board for action in accordance with paragraph 22 of Section
7 22 of the Medical Practice Act of 1987. Any dentist or dental
8 hygienist who willfully fails to report suspected child abuse
9 or neglect as required by this Act shall be referred to the
10 Department of Professional Regulation for action in
11 accordance with paragraph 19 of Section 23 of the Illinois
12 Dental Practice Act. Any other person required by this Act
13 to report suspected child abuse and neglect who willfully
14 fails to report such is shall be guilty of a Class A
15 misdemeanor for a first violation and a Class 4 felony for a
16 second or subsequent violation.
17 (Source: P.A. 91-197, eff. 1-1-00.)
18 (325 ILCS 5/7) (from Ch. 23, par. 2057)
19 Sec. 7. Time and manner of making reports. All reports
20 of suspected child abuse or neglect made under this Act shall
21 be made immediately by telephone to the central register
22 established under Section 7.7 on the single, State-wide,
23 toll-free telephone number established in Section 7.6, or in
24 person or by telephone through the nearest Department office.
25 The Department shall, in cooperation with school officials,
26 distribute appropriate materials in school buildings listing
27 the toll-free telephone number established in Section 7.6,
28 including methods of making a report under this Act. The
29 Department may, in cooperation with appropriate members of
30 the clergy, distribute appropriate materials in churches,
31 synagogues, temples, mosques, or other religious buildings
32 listing the toll-free telephone number established in Section
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1 7.6, including methods of making a report under this Act.
2 Wherever the Statewide number is posted, there shall also
3 be posted the following notice:
4 "Any person who knowingly transmits a false report to the
5 Department commits the offense of disorderly conduct under
6 subsection (a)(7) of Section 26-1 of the Criminal Code of
7 1961. A first violation of this subsection is a Class A
8 misdemeanor, punishable by a term of imprisonment for up to
9 one year, or by a fine not to exceed $1,000, or by both such
10 term and fine. A second or subsequent violation is a Class 4
11 felony."
12 The report required by this Act shall include, if known,
13 the name and address of the child and his parents or other
14 persons having his custody; the child's age; the nature of
15 the child's condition including any evidence of previous
16 injuries or disabilities; and any other information that the
17 person filing the report believes might be helpful in
18 establishing the cause of such abuse or neglect and the
19 identity of the person believed to have caused such abuse or
20 neglect. Reports made to the central register through the
21 State-wide, toll-free telephone number shall be immediately
22 transmitted to the appropriate Child Protective Service Unit.
23 The Department shall within 24 hours orally notify local law
24 enforcement personnel and the office of the State's Attorney
25 of the involved county of the receipt of any report alleging
26 the death of a child, serious injury to a child including,
27 but not limited to, brain damage, skull fractures, subdural
28 hematomas, and, internal injuries, torture of a child,
29 malnutrition of a child, and sexual abuse to a child,
30 including, but not limited to, sexual intercourse, sexual
31 exploitation, sexual molestation, and sexually transmitted
32 disease in a child age twelve and under. All oral reports
33 made by the Department to local law enforcement personnel and
34 the office of the State's Attorney of the involved county
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1 shall be confirmed in writing within 48 hours of the oral
2 report. All reports by persons mandated to report under this
3 Act shall be confirmed in writing to the appropriate Child
4 Protective Service Unit, which may be on forms supplied by
5 the Department, within 48 hours of any initial report.
6 Written confirmation reports from persons not required to
7 report by this Act may be made to the appropriate Child
8 Protective Service Unit. Written reports from persons
9 required by this Act to report shall be admissible in
10 evidence in any judicial proceeding relating to child abuse
11 or neglect. Reports involving known or suspected child abuse
12 or neglect in public or private residential agencies or
13 institutions shall be made and received in the same manner as
14 all other reports made under this Act.
15 (Source: P.A. 89-187, eff. 7-19-95.)
16 (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
17 Sec. 7.1. (a) To the fullest extent feasible, the
18 Department shall cooperate with and shall seek the
19 cooperation and involvement of all appropriate public and
20 private agencies, including health, education, social service
21 and law enforcement agencies, religious institutions, courts
22 of competent jurisdiction, and agencies, organizations, or
23 programs providing or concerned with human services related
24 to the prevention, identification or treatment of child abuse
25 or neglect.
26 Such cooperation and involvement shall include joint
27 consultation and services, joint planning, joint case
28 management, joint public education and information services,
29 joint utilization of facilities, joint staff development and
30 other training, and the creation of multidisciplinary case
31 diagnostic, case handling, case management, and policy
32 planning teams. Such cooperation and involvement shall also
33 include consultation and planning with the Illinois
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1 Department of Human Services regarding referrals to
2 designated perinatal centers of newborn children requiring
3 protective custody under this Act, whose life or development
4 may be threatened by a developmental disability or
5 handicapping condition.
6 For implementing such intergovernmental cooperation and
7 involvement, units of local government and public and private
8 agencies may apply for and receive federal or State funds
9 from the Department under this Act or seek and receive gifts
10 from local philanthropic or other private local sources in
11 order to augment any State funds appropriated for the
12 purposes of this Act.
13 (b) The Department may establish up to 5 demonstrations
14 of multidisciplinary teams to advise, review and monitor
15 cases of child abuse and neglect brought by the Department or
16 any member of the team. The Director shall determine the
17 criteria by which certain cases of child abuse or neglect are
18 brought to the multidisciplinary teams. The criteria shall
19 include but not be limited to geographic area and
20 classification of certain cases where allegations are of a
21 severe nature. Each multidisciplinary team shall consist of
22 7 to 10 members appointed by the Director, including, but not
23 limited to representatives from the medical, mental health,
24 educational, juvenile justice, law enforcement and social
25 service fields.
26 (Source: P.A. 89-507, eff. 7-1-97.)
27 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
28 Sec. 7.4. (a) The Department shall be capable of
29 receiving reports of suspected child abuse or neglect 24
30 hours a day, 7 days a week. Whenever the Department receives
31 a report alleging that a child is a truant as defined in
32 Section 26-2a of The School Code, as now or hereafter
33 amended, the Department shall notify the superintendent of
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1 the school district in which the child resides and the
2 appropriate superintendent of the educational service region.
3 The notification to the appropriate officials by the
4 Department shall not be considered an allegation of abuse or
5 neglect under this Act.
6 (b) (1) The following procedures shall be followed in
7 the investigation of all reports of suspected abuse or
8 neglect of a child, except as provided in subsection (c) of
9 this Section.
10 (2) If it appears that the immediate safety or
11 well-being of a child is endangered, that the family may flee
12 or the child disappear, or that the facts otherwise so
13 warrant, the Child Protective Service Unit shall commence an
14 investigation immediately, regardless of the time of day or
15 night. In all other cases, investigation shall be commenced
16 within 24 hours of receipt of the report. Upon receipt of a
17 report, the Child Protective Service Unit shall make an
18 initial investigation and an initial determination whether
19 the report is a good faith indication of alleged child abuse
20 or neglect.
21 (3) If the Unit determines the report is a good faith
22 indication of alleged child abuse or neglect, then a formal
23 investigation shall commence and, pursuant to Section 7.12 of
24 this Act, may or may not result in an indicated report. The
25 formal investigation shall include: direct contact with the
26 subject or subjects of the report as soon as possible after
27 the report is received; an evaluation of the environment of
28 the child named in the report and any other children in the
29 same environment; a determination of the risk to such
30 children if they continue to remain in the existing
31 environments, as well as a determination of the nature,
32 extent and cause of any condition enumerated in such report;
33 the name, age and condition of other children in the
34 environment; and an evaluation as to whether there would be
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1 an immediate and urgent necessity to remove the child from
2 the environment if appropriate family preservation services
3 were provided. After seeing to the safety of the child or
4 children, the Department shall forthwith notify the subjects
5 of the report in writing, of the existence of the report and
6 their rights existing under this Act in regard to amendment
7 or expungement. To fulfill the requirements of this Section,
8 the Child Protective Service Unit shall have the capability
9 of providing or arranging for comprehensive emergency
10 services to children and families at all times of the day or
11 night.
12 (4) If (i) at the conclusion of the Unit's initial
13 investigation of a report, the Unit determines the report to
14 be a good faith indication of alleged child abuse or neglect
15 that warrants a formal investigation by the Unit, the
16 Department, any law enforcement agency or any other
17 responsible agency and (ii) the person who is alleged to have
18 caused the abuse or neglect is employed or otherwise engaged
19 in an activity resulting in frequent contact with children
20 and the alleged abuse or neglect are in the course of such
21 employment or activity, then the Department shall, except in
22 investigations where the Director determines that such
23 notification would be detrimental to the Department's
24 investigation, inform the appropriate supervisor or
25 administrator of that employment or activity that the Unit
26 has commenced a formal investigation pursuant to this Act,
27 which may or may not result in an indicated report. The
28 Department shall also notify the person being investigated,
29 unless the Director determines that such notification would
30 be detrimental to the Department's investigation.
31 (c) In an investigation of a report of suspected abuse
32 or neglect of a child by a school employee at a school or on
33 school grounds, the Department shall make reasonable efforts
34 to follow the following procedures:
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1 (1) Investigations involving teachers shall not, to
2 the extent possible, be conducted when the teacher is
3 scheduled to conduct classes. Investigations involving
4 other school employees shall be conducted so as to
5 minimize disruption of the school day. The school
6 employee accused of child abuse or neglect may have his
7 superior, his association or union representative and his
8 attorney present at any interview or meeting at which the
9 teacher or administrator is present. The accused school
10 employee shall be informed by a representative of the
11 Department, at any interview or meeting, of the accused
12 school employee's due process rights and of the steps in
13 the investigation process. The information shall include,
14 but need not necessarily be limited to the right, subject
15 to the approval of the Department, of the school employee
16 to confront the accuser, if the accuser is 14 years of
17 age or older, or the right to review the specific
18 allegations which gave rise to the investigation, and the
19 right to review all materials and evidence that have been
20 submitted to the Department in support of the allegation.
21 These due process rights shall also include the right of
22 the school employee to present countervailing evidence
23 regarding the accusations.
24 (2) If a report of neglect or abuse of a child by a
25 teacher or administrator does not involve allegations of
26 sexual abuse or extreme physical abuse, the Child
27 Protective Service Unit shall make reasonable efforts to
28 conduct the initial investigation in coordination with
29 the employee's supervisor.
30 If the Unit determines that the report is a good
31 faith indication of potential child abuse or neglect, it
32 shall then commence a formal investigation under
33 paragraph (3) of subsection (b) of this Section.
34 (3) If a report of neglect or abuse of a child by a
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1 teacher or administrator involves an allegation of sexual
2 abuse or extreme physical abuse, the Child Protective
3 Unit shall commence an investigation under paragraph (2)
4 of subsection (b) of this Section.
5 (d) If the Department has contact with an employer, or
6 with a religious institution or religious official having
7 supervisory or hierarchical authority over a member of the
8 clergy accused of the abuse of a child, in the course of its
9 investigation, the Department shall notify the employer or
10 the religious institution or religious official, in writing,
11 when a report is unfounded so that any record of the
12 investigation can be expunged from the employee's or member
13 of the clergy's personnel or other records. The Department
14 shall also notify the employee or the member of the clergy,
15 in writing, that notification has been sent to the employer
16 or to the appropriate religious institution or religious
17 official informing the employer or religious institution or
18 religious official that the Department's investigation has
19 resulted in an unfounded report.
20 (e) Upon request by the Department, the Department of
21 State Police and law enforcement agencies are authorized to
22 provide criminal history record information as defined in
23 the Illinois Uniform Conviction Information Act and
24 information maintained in the adjudicatory and dispositional
25 record system as defined in Section 2605-355 of the
26 Department of State Police Law (20 ILCS 2605/2605-355) to
27 properly designated employees of the Department of Children
28 and Family Services if the Department determines the
29 information is necessary to perform its duties under the
30 Abused and Neglected Child Reporting Act, the Child Care Act
31 of 1969, and the Children and Family Services Act. The
32 request shall be in the form and manner required by the
33 Department of State Police. Any information obtained by the
34 Department of Children and Family Services under this Section
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1 is confidential and may not be transmitted outside the
2 Department of Children and Family Services other than to a
3 court of competent jurisdiction or unless otherwise
4 authorized by law. Any employee of the Department of Children
5 and Family Services who transmits confidential information in
6 violation of this Section or causes the information to be
7 transmitted in violation of this Section is guilty of a Class
8 A misdemeanor unless the transmittal of the information is
9 authorized by this Section or otherwise authorized by law.
10 (Source: P.A. 91-239, eff. 1-1-00.)
11 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
12 Sec. 7.14. All reports in the central register shall be
13 classified in one of three categories: "indicated",
14 "unfounded" or "undetermined", as the case may be. After the
15 report is classified, the person making the classification
16 shall determine whether the child named in the report is the
17 subject of an action under Article II of the Juvenile Court
18 Act of 1987. If the child is the subject of an action under
19 Article II of the Juvenile Court Act, the Department shall
20 transmit a copy of the report to the guardian ad litem
21 appointed for the child under Section 2-17 of the Juvenile
22 Court Act. All information identifying the subjects of an
23 unfounded report shall be expunged from the register
24 forthwith, except as provided in Section 7.7. Unfounded
25 reports may only be made available to the Child Protective
26 Service Unit when investigating a subsequent report of
27 suspected abuse or maltreatment involving a child named in
28 the unfounded report; and to the subject of the report,
29 provided that the subject requests the report within 60 days
30 of being notified that the report was unfounded. The Child
31 Protective Service Unit shall not indicate the subsequent
32 report solely based upon the existence of the prior unfounded
33 report or reports. Notwithstanding any other provision of
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1 law to the contrary, an unfounded report shall not be
2 admissible in any judicial or administrative proceeding or
3 action. Identifying information on all other records shall be
4 removed from the register no later than 5 years after the
5 report is indicated. However, if another report is received
6 involving the same child, his sibling or offspring, or a
7 child in the care of the persons responsible for the child's
8 welfare, or involving the same alleged offender, the
9 identifying information may be maintained in the register
10 until 5 years after the subsequent case or report is closed.
11 Notwithstanding any other provision of this Section,
12 identifying information in indicated reports involving the
13 sexual abuse of a child, the death of a child, or serious
14 physical injury to a child as defined by the Department in
15 rules, may be retained longer than 5 years after the report
16 is indicated or after the subsequent case or report is
17 closed, and may not be removed from the register except as
18 provided by the Department in rules.
19 (Source: P.A. 90-15, eff. 6-13-97.)
20 Section 10. The Criminal Code of 1961 is amended by
21 changing Section 3-6 as follows:
22 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
23 Sec. 3-6. Extended limitations. The period within which
24 a prosecution must be commenced under the provisions of
25 Section 3-5 or other applicable statute is extended under the
26 following conditions:
27 (a) A prosecution for theft involving a breach of a
28 fiduciary obligation to the aggrieved person may be commenced
29 as follows:
30 (1) If the aggrieved person is a minor or a person
31 under legal disability, then during the minority or legal
32 disability or within one year after the termination
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1 thereof.
2 (2) In any other instance, within one year after
3 the discovery of the offense by an aggrieved person, or
4 by a person who has legal capacity to represent an
5 aggrieved person or has a legal duty to report the
6 offense, and is not himself or herself a party to the
7 offense; or in the absence of such discovery, within one
8 year after the proper prosecuting officer becomes aware
9 of the offense. However, in no such case is the period of
10 limitation so extended more than 3 years beyond the
11 expiration of the period otherwise applicable.
12 (b) A prosecution for any offense based upon misconduct
13 in office by a public officer or employee may be commenced
14 within one year after discovery of the offense by a person
15 having a legal duty to report such offense, or in the absence
16 of such discovery, within one year after the proper
17 prosecuting officer becomes aware of the offense. However, in
18 no such case is the period of limitation so extended more
19 than 3 years beyond the expiration of the period otherwise
20 applicable.
21 (c) Except as otherwise provided in subdivision (i) or
22 (j) of this Section, a prosecution for any offense involving
23 sexual conduct or sexual penetration, as defined in Section
24 12-12 of this Code, where the victim and defendant are family
25 members, as defined in Section 12-12 of this Code, may be
26 commenced within one year of the victim attaining the age of
27 18 years.
28 (d) A prosecution for child pornography, indecent
29 solicitation of a child, soliciting for a juvenile
30 prostitute, juvenile pimping or exploitation of a child may
31 be commenced within one year of the victim attaining the age
32 of 18 years. However, in no such case shall the time period
33 for prosecution expire sooner than 3 years after the
34 commission of the offense. When the victim is under 18 years
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1 of age, a prosecution for criminal sexual abuse may be
2 commenced within one year of the victim attaining the age of
3 18 years. However, in no such case shall the time period for
4 prosecution expire sooner than 3 years after the commission
5 of the offense.
6 (e) Except as otherwise provided in subdivision (j), a
7 prosecution for any offense involving sexual conduct or
8 sexual penetration, as defined in Section 12-12 of this Code,
9 where the defendant was within a professional or fiduciary
10 relationship or a purported professional or fiduciary
11 relationship with the victim at the time of the commission of
12 the offense may be commenced within one year after the
13 discovery of the offense by the victim.
14 (f) A prosecution for any offense set forth in Section
15 44 of the "Environmental Protection Act", approved June 29,
16 1970, as amended, may be commenced within 5 years after the
17 discovery of such an offense by a person or agency having the
18 legal duty to report the offense or in the absence of such
19 discovery, within 5 years after the proper prosecuting
20 officer becomes aware of the offense.
21 (g) (Blank).
22 (h) (Blank).
23 (i) Except as otherwise provided in subdivision (j), a
24 prosecution for criminal sexual assault, aggravated criminal
25 sexual assault, or aggravated criminal sexual abuse may be
26 commenced within 10 years of the commission of the offense if
27 the victim reported the offense to law enforcement
28 authorities within 2 years after the commission of the
29 offense.
30 When the victim is under 18 years of age at the time of
31 the offense and the offender is a family member as defined in
32 Section 12-12, a prosecution for criminal sexual assault,
33 aggravated criminal sexual assault, predatory criminal sexual
34 assault of a child, or aggravated criminal sexual abuse may
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1 be commenced within 10 years of the victim attaining the age
2 of 18 years.
3 When the victim is under 18 years of age at the time of
4 the offense and the offender is not a family member as
5 defined in Section 12-12, a prosecution for criminal sexual
6 assault, aggravated criminal sexual assault, predatory
7 criminal sexual assault of a child, or aggravated criminal
8 sexual abuse may be commenced within 10 years of the victim
9 attaining the age of 18 years, if the victim reported the
10 offense to law enforcement authorities before he or she
11 attained the age of 21 years. Nothing in this subdivision
12 (i) shall be construed to shorten a period within which a
13 prosecution must be commenced under any other provision of
14 this Section.
15 (j) When the victim is under 18 years of age at the time
16 of the offense, a prosecution for criminal sexual assault,
17 aggravated criminal sexual assault, predatory criminal sexual
18 assault of a child, or aggravated criminal sexual abuse or a
19 prosecution for failure of a person who is required to report
20 an alleged or suspected commission of any of these offenses
21 under the Abused and Neglected Child Reporting Act may be
22 commenced within 10 years after the child victim attains 18
23 years of age.
24 Nothing in this subdivision (j) shall be construed to
25 shorten a period within which a prosecution must be commenced
26 under any other provision of this Section.
27 (Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".