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Public Act 101-0112


 

Public Act 0112 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0112
 
HB3631 EnrolledLRB101 10474 AMC 55580 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Child Care Act of 1969 is amended by
changing Section 4.2 as follows:
 
    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
    Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as
required by Section 4.1.
    (b) In addition to the other provisions of this Section, no
applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person
under "An Act in relation to sexually dangerous persons, and
providing for their commitment, detention and supervision",
approved July 6, 1938, as amended, or convicted of committing
or attempting to commit any of the following offenses
stipulated under the Criminal Code of 1961 or the Criminal Code
of 2012:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
    11-40, and 11-45;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) harboring a runaway;
        (3.4) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) hate crime;
        (16) stalking;
        (17) aggravated stalking;
        (18) threatening public officials;
        (19) home invasion;
        (20) vehicular invasion;
        (21) criminal transmission of HIV;
        (22) criminal abuse or neglect of an elderly person or
    person with a disability as described in Section 12-21 or
    subsection (e) of Section 12-4.4a;
        (23) child abandonment;
        (24) endangering the life or health of a child;
        (25) ritual mutilation;
        (26) ritualized abuse of a child;
        (27) an offense in any other jurisdiction the elements
    of which are similar and bear a substantial relationship to
    any of the foregoing offenses.
    (b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a
license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to any
of the following offenses:
 
(I) BODILY HARM

 
        (1) Felony aggravated assault.
        (2) Vehicular endangerment.
        (3) Felony domestic battery.
        (4) Aggravated battery.
        (5) Heinous battery.
        (6) Aggravated battery with a firearm.
        (7) Aggravated battery of an unborn child.
        (8) Aggravated battery of a senior citizen.
        (9) Intimidation.
        (10) Compelling organization membership of persons.
        (11) Abuse and criminal neglect of a long term care
    facility resident.
        (12) Felony violation of an order of protection.
 
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

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

 
        (1) Possession of more than 30 grams of cannabis.
        (2) Manufacture of more than 10 grams of cannabis.
        (3) Cannabis trafficking.
        (4) Delivery of cannabis on school grounds.
        (5) Unauthorized production of more than 5 cannabis
    sativa plants.
        (6) Calculated criminal cannabis conspiracy.
        (7) Unauthorized manufacture or delivery of controlled
    substances.
        (8) Controlled substance trafficking.
        (9) Manufacture, distribution, or advertisement of
    look-alike substances.
        (10) Calculated criminal drug conspiracy.
        (11) Street gang criminal drug conspiracy.
        (12) Permitting unlawful use of a building.
        (13) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (14) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (15) Delivery of controlled substances.
        (16) Sale or delivery of drug paraphernalia.
        (17) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (18) Felony possession of a controlled substance.
        (19) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (b-1.5) In addition to any other provision of this Section,
for applicants with access to confidential financial
information or who submit documentation to support billing, the
Department may, in its discretion, deny or refuse to renew a
license to an applicant no applicant whose initial application
was considered after the effective date of this amendatory Act
of the 97th General Assembly may receive a license from the
Department or a child care facility licensed by the Department
who has been convicted of committing or attempting to commit
any of the following felony offenses:
        (1) financial institution fraud under Section 17-10.6
    of the Criminal Code of 1961 or the Criminal Code of 2012;
        (2) identity theft under Section 16-30 of the Criminal
    Code of 1961 or the Criminal Code of 2012;
        (3) financial exploitation of an elderly person or a
    person with a disability under Section 17-56 of the
    Criminal Code of 1961 or the Criminal Code of 2012;
        (4) computer tampering under Section 17-51 of the
    Criminal Code of 1961 or the Criminal Code of 2012;
        (5) aggravated computer tampering under Section 17-52
    of the Criminal Code of 1961 or the Criminal Code of 2012;
        (6) computer fraud under Section 17-50 of the Criminal
    Code of 1961 or the Criminal Code of 2012;
        (7) deceptive practices under Section 17-1 of the
    Criminal Code of 1961 or the Criminal Code of 2012;
        (8) forgery under Section 17-3 of the Criminal Code of
    1961 or the Criminal Code of 2012;
        (9) State benefits fraud under Section 17-6 of the
    Criminal Code of 1961 or the Criminal Code of 2012;
        (10) mail fraud and wire fraud under Section 17-24 of
    the Criminal Code of 1961 or the Criminal Code of 2012;
        (11) theft under paragraphs (1.1) through (11) of
    subsection (b) of Section 16-1 of the Criminal Code of 1961
    or the Criminal Code of 2012.
    (b-2) Notwithstanding subsection (b-1), the Department may
make an exception and, for child care facilities other than
foster family homes, issue a new child care facility license to
or renew the existing child care facility license of an
applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
        (1) The relevant criminal offense occurred more than 5
    years prior to the date of application or renewal, except
    for drug offenses. The relevant drug offense must have
    occurred more than 10 years prior to the date of
    application or renewal, unless the applicant passed a drug
    test, arranged and paid for by the child care facility, no
    less than 5 years after the offense.
        (2) The Department must conduct a background check and
    assess all convictions and recommendations of the child
    care facility to determine if hiring or licensing the
    applicant is in accordance with Department administrative
    rules and procedures.
        (3) The applicant meets all other requirements and
    qualifications to be licensed as the pertinent type of
    child care facility under this Act and the Department's
    administrative rules.
    (c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate
a foster family home, and no adult person may reside in a
foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Criminal Code of 2012, the Cannabis Control Act, the
Methamphetamine Control and Community Protection Act, and the
Illinois Controlled Substances Act:
 
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
    (A) KIDNAPPING AND RELATED OFFENSES
        (1) Unlawful restraint.
 
    (B) BODILY HARM
        (2) Felony aggravated assault.
        (3) Vehicular endangerment.
        (4) Felony domestic battery.
        (5) Aggravated battery.
        (6) Heinous battery.
        (7) Aggravated battery with a firearm.
        (8) Aggravated battery of an unborn child.
        (9) Aggravated battery of a senior citizen.
        (10) Intimidation.
        (11) Compelling organization membership of persons.
        (12) Abuse and criminal neglect of a long term care
    facility resident.
        (13) Felony violation of an order of protection.
 
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
        (14) Felony theft.
        (15) Robbery.
        (16) Armed robbery.
        (17) Aggravated robbery.
        (18) Vehicular hijacking.
        (19) Aggravated vehicular hijacking.
        (20) Burglary.
        (21) Possession of burglary tools.
        (22) Residential burglary.
        (23) Criminal fortification of a residence or
    building.
        (24) Arson.
        (25) Aggravated arson.
        (26) Possession of explosive or explosive incendiary
    devices.
 
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (27) Felony unlawful use of weapons.
        (28) Aggravated discharge of a firearm.
        (29) Reckless discharge of a firearm.
        (30) Unlawful use of metal piercing bullets.
        (31) Unlawful sale or delivery of firearms on the
    premises of any school.
        (32) Disarming a police officer.
        (33) Obstructing justice.
        (34) Concealing or aiding a fugitive.
        (35) Armed violence.
        (36) Felony contributing to the criminal delinquency
    of a juvenile.
 
(IV) DRUG OFFENSES

 
        (37) Possession of more than 30 grams of cannabis.
        (38) Manufacture of more than 10 grams of cannabis.
        (39) Cannabis trafficking.
        (40) Delivery of cannabis on school grounds.
        (41) Unauthorized production of more than 5 cannabis
    sativa plants.
        (42) Calculated criminal cannabis conspiracy.
        (43) Unauthorized manufacture or delivery of
    controlled substances.
        (44) Controlled substance trafficking.
        (45) Manufacture, distribution, or advertisement of
    look-alike substances.
        (46) Calculated criminal drug conspiracy.
        (46.5) Streetgang criminal drug conspiracy.
        (47) Permitting unlawful use of a building.
        (48) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (49) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (50) Delivery of controlled substances.
        (51) Sale or delivery of drug paraphernalia.
        (52) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (53) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (d) Notwithstanding subsection (c), the Department may
make an exception and issue a new foster family home license or
may renew an existing foster family home license of an
applicant who was convicted of an offense described in
subsection (c), provided all of the following requirements are
met:
        (1) The relevant criminal offense or offenses occurred
    more than 10 years prior to the date of application or
    renewal.
        (2) The applicant had previously disclosed the
    conviction or convictions to the Department for purposes of
    a background check.
        (3) After the disclosure, the Department either placed
    a child in the home or the foster family home license was
    issued.
        (4) During the background check, the Department had
    assessed and waived the conviction in compliance with the
    existing statutes and rules in effect at the time of the
    hire or licensure.
        (5) The applicant meets all other requirements and
    qualifications to be licensed as a foster family home under
    this Act and the Department's administrative rules.
        (6) The applicant has a history of providing a safe,
    stable home environment and appears able to continue to
    provide a safe, stable home environment.
    (e) In evaluating the exception pursuant to subsections
(b-2) and (d), the Department must carefully review any
relevant documents to determine whether the applicant, despite
the disqualifying convictions, poses a substantial risk to
State resources or clients. In making such a determination, the
following guidelines shall be used:
        (1) the age of the applicant when the offense was
    committed;
        (2) the circumstances surrounding the offense;
        (3) the length of time since the conviction;
        (4) the specific duties and responsibilities
    necessarily related to the license being applied for and
    the bearing, if any, that the applicant's conviction
    history may have on his or her fitness to perform these
    duties and responsibilities;
        (5) the applicant's employment references;
        (6) the applicant's character references and any
    certificates of achievement;
        (7) an academic transcript showing educational
    attainment since the disqualifying conviction;
        (8) a Certificate of Relief from Disabilities or
    Certificate of Good Conduct; and
        (9) anything else that speaks to the applicant's
    character.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/19/2019