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92_HB5002enr
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1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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
23 such instances. In performing any of these duties, the
24 Department may utilize such protective services of voluntary
25 agencies as are available.
26 (Source: P.A. 90-28, eff. 1-1-98.)
27 (325 ILCS 5/3) (from Ch. 23, par. 2053)
28 Sec. 3. As used in this Act unless the context otherwise
29 requires:
30 "Child" means any person under the age of 18 years,
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1 unless legally emancipated by reason of marriage or entry
2 into a branch of the United States armed services.
3 "Department" means Department of Children and Family
4 Services.
5 "Local law enforcement agency" means the police of a
6 city, town, village or other incorporated area or the sheriff
7 of an unincorporated area or any sworn officer of the
8 Illinois Department of State Police.
9 "Abused child" means a child whose parent or immediate
10 family member, or any person responsible for the child's
11 welfare, or any individual residing in the same home as the
12 child, or a paramour of the child's parent:
13 (a) a. inflicts, causes to be inflicted, or allows
14 to be inflicted upon such child physical injury, by other
15 than accidental means, which causes death, disfigurement,
16 impairment of physical or emotional health, or loss or
17 impairment of any bodily function;
18 (b) b. creates a substantial risk of physical
19 injury to such child by other than accidental means which
20 would be likely to cause death, disfigurement, impairment
21 of physical or emotional health, or loss or impairment of
22 any bodily function;
23 (c) c. commits or allows to be committed any sex
24 offense against such child, as such sex offenses are
25 defined in the Criminal Code of 1961, as amended, and
26 extending those definitions of sex offenses to include
27 children under 18 years of age;
28 (d) d. commits or allows to be committed an act or
29 acts of torture upon such child;
30 (e) e. inflicts excessive corporal punishment;
31 (f) f. commits or allows to be committed the
32 offense of female genital mutilation, as defined in
33 Section 12-34 of the Criminal Code of 1961, against the
34 child; or
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1 (g) g. causes to be sold, transferred, distributed,
2 or given to such child under 18 years of age, a
3 controlled substance as defined in Section 102 of the
4 Illinois Controlled Substances Act in violation of
5 Article IV of the Illinois Controlled Substances Act,
6 except for controlled substances that are prescribed in
7 accordance with Article III of the Illinois Controlled
8 Substances Act and are dispensed to such child in a
9 manner that substantially complies with the prescription.
10 A child shall not be considered abused for the sole
11 reason that the child has been relinquished in accordance
12 with the Abandoned Newborn Infant Protection Act.
13 "Neglected child" means any child who is not receiving
14 the proper or necessary nourishment or medically indicated
15 treatment including food or care not provided solely on the
16 basis of the present or anticipated mental or physical
17 impairment as determined by a physician acting alone or in
18 consultation with other physicians or otherwise is not
19 receiving the proper or necessary support or medical or other
20 remedial care recognized under State law as necessary for a
21 child's well-being, or other care necessary for his or her
22 well-being, including adequate food, clothing and shelter; or
23 who is abandoned by his or her parents or other person
24 responsible for the child's welfare without a proper plan of
25 care; or who is a newborn infant whose blood, urine, or
26 meconium contains any amount of a controlled substance as
27 defined in subsection (f) of Section 102 of the Illinois
28 Controlled Substances Act or a metabolite thereof, with the
29 exception of a controlled substance or metabolite thereof
30 whose presence in the newborn infant is the result of medical
31 treatment administered to the mother or the newborn infant. A
32 child shall not be considered neglected for the sole reason
33 that the child's parent or other person responsible for his
34 or her welfare has left the child in the care of an adult
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1 relative for any period of time. A child shall not be
2 considered neglected for the sole reason that the child has
3 been relinquished in accordance with the Abandoned Newborn
4 Infant Protection Act. A child shall not be considered
5 neglected or abused for the sole reason that such child's
6 parent or other person responsible for his or her welfare
7 depends upon spiritual means through prayer alone for the
8 treatment or cure of disease or remedial care as provided
9 under Section 4 of this Act. A child shall not be considered
10 neglected or abused solely because the child is not attending
11 school in accordance with the requirements of Article 26 of
12 The School Code, as amended.
13 "Child Protective Service Unit" means certain specialized
14 State employees of the Department assigned by the Director to
15 perform the duties and responsibilities as provided under
16 Section 7.2 of this Act.
17 "Person responsible for the child's welfare" means the
18 child's parent; guardian; foster parent; relative caregiver;
19 any person responsible for the child's welfare in a public or
20 private residential agency or institution; any person
21 responsible for the child's welfare within a public or
22 private profit or not for profit child care facility; or any
23 other person responsible for the child's welfare at the time
24 of the alleged abuse or neglect, or any person who came to
25 know the child through an official capacity or position of
26 trust, including but not limited to health care
27 professionals, educational personnel, recreational
28 supervisors, members of the clergy, and volunteers or support
29 personnel in any setting where children may be subject to
30 abuse or neglect.
31 "Temporary protective custody" means custody within a
32 hospital or other medical facility or a place previously
33 designated for such custody by the Department, subject to
34 review by the Court, including a licensed foster home, group
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1 home, or other institution; but such place shall not be a
2 jail or other place for the detention of criminal or juvenile
3 offenders.
4 "An unfounded report" means any report made under this
5 Act for which it is determined after an investigation that no
6 credible evidence of abuse or neglect exists.
7 "An indicated report" means a report made under this Act
8 if an investigation determines that credible evidence of the
9 alleged abuse or neglect exists.
10 "An undetermined report" means any report made under this
11 Act in which it was not possible to initiate or complete an
12 investigation on the basis of information provided to the
13 Department.
14 "Subject of report" means any child reported to the
15 central register of child abuse and neglect established under
16 Section 7.7 of this Act and his or her parent, guardian or
17 other person responsible who is also named in the report.
18 "Perpetrator" means a person who, as a result of
19 investigation, has been determined by the Department to have
20 caused child abuse or neglect.
21 "Member of the clergy" means a clergyman or practitioner
22 of any religious denomination accredited by the religious
23 body to which he or she belongs.
24 (Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01;
25 92-432, eff. 8-17-01.)
26 (325 ILCS 5/4) (from Ch. 23, par. 2054)
27 Sec. 4. Persons required to report; privileged
28 communications; transmitting false report. Any physician,
29 resident, intern, hospital, hospital administrator and
30 personnel engaged in examination, care and treatment of
31 persons, surgeon, dentist, dentist hygienist, osteopath,
32 chiropractor, podiatrist, physician assistant, substance
33 abuse treatment personnel, Christian Science practitioner,
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1 funeral home director or employee, coroner, medical examiner,
2 emergency medical technician, acupuncturist, crisis line or
3 hotline personnel, school personnel, educational advocate
4 assigned to a child pursuant to the School Code, truant
5 officers, social worker, social services administrator,
6 domestic violence program personnel, registered nurse,
7 licensed practical nurse, respiratory care practitioner,
8 advanced practice nurse, home health aide, director or staff
9 assistant of a nursery school or a child day care center,
10 recreational program or facility personnel, law enforcement
11 officer, registered psychologist and assistants working
12 under the direct supervision of a psychologist, psychiatrist,
13 or field personnel of the Illinois Department of Public Aid,
14 Public Health, Human Services (acting as successor to the
15 Department of Mental Health and Developmental Disabilities,
16 Rehabilitation Services, or Public Aid), Corrections, Human
17 Rights, or Children and Family Services, supervisor and
18 administrator of general assistance under the Illinois Public
19 Aid Code, probation officer, or any other foster parent,
20 homemaker or child care worker having reasonable cause to
21 believe a child known to them in their professional or
22 official capacity may be an abused child or a neglected child
23 shall immediately report or cause a report to be made to the
24 Department.
25 Any member of the clergy having reasonable cause to
26 believe that a child known to that member of the clergy in
27 his or her professional capacity may be an abused child as
28 defined in item (c) of the definition of "abused child" in
29 Section 3 of this Act shall immediately report or cause a
30 report to be made to the Department.
31 Whenever such person is required to report under this Act
32 in his capacity as a member of the staff of a medical or
33 other public or private institution, school, facility or
34 agency, or as a member of the clergy, he shall make report
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1 immediately to the Department in accordance with the
2 provisions of this Act and may also notify the person in
3 charge of such institution, school, facility or agency, or
4 church, synagogue, temple, mosque, or other religious
5 institution, or his designated agent that such report has
6 been made. Under no circumstances shall any person in charge
7 of such institution, school, facility or agency, or church,
8 synagogue, temple, mosque, or other religious institution, or
9 his designated agent to whom such notification has been made,
10 exercise any control, restraint, modification or other change
11 in the report or the forwarding of such report to the
12 Department.
13 The privileged quality of communication between any
14 professional person required to report and his patient or
15 client shall not apply to situations involving abused or
16 neglected children and shall not constitute grounds for
17 failure to report as required by this Act.
18 A member of the clergy may claim the privilege under
19 Section 8-803 of the Code of Civil Procedure.
20 In addition to the above persons required to report
21 suspected cases of abused or neglected children, any other
22 person may make a report if such person has reasonable cause
23 to believe a child may be an abused child or a neglected
24 child.
25 Any person who enters into employment on and after July
26 1, 1986 and is mandated by virtue of that employment to
27 report under this Act, shall sign a statement on a form
28 prescribed by the Department, to the effect that the employee
29 has knowledge and understanding of the reporting requirements
30 of this Act. The statement shall be signed prior to
31 commencement of the employment. The signed statement shall
32 be retained by the employer. The cost of printing,
33 distribution, and filing of the statement shall be borne by
34 the employer.
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1 The Department shall provide copies of this Act, upon
2 request, to all employers employing persons who shall be
3 required under the provisions of this Section to report under
4 this Act.
5 Any person who knowingly transmits a false report to the
6 Department commits the offense of disorderly conduct under
7 subsection (a)(7) of Section 26-1 of the "Criminal Code of
8 1961". Any person who violates this provision a second or
9 subsequent time shall be guilty of a Class 4 felony.
10 Any person who knowingly and willfully violates any
11 provision of this Section other than a second or subsequent
12 violation of transmitting a false report as described in the
13 preceding paragraph, is shall be guilty of a Class A
14 misdemeanor for a first violation and a Class 4 felony for a
15 second or subsequent violation.
16 A child whose parent, guardian or custodian in good faith
17 selects and depends upon spiritual means through prayer
18 alone for the treatment or cure of disease or remedial care
19 may be considered neglected or abused, but not for the sole
20 reason that his parent, guardian or custodian accepts and
21 practices such beliefs.
22 A child shall not be considered neglected or abused
23 solely because the child is not attending school in
24 accordance with the requirements of Article 26 of the School
25 Code, as amended.
26 (Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99;
27 92-16, eff. 6-28-01.)
28 (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)
29 Sec. 4.02. Any physician who willfully fails to report
30 suspected child abuse or neglect as required by this Act
31 shall be referred to the Illinois State Medical Disciplinary
32 Board for action in accordance with paragraph 22 of Section
33 22 of the Medical Practice Act of 1987. Any dentist or dental
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1 hygienist who willfully fails to report suspected child abuse
2 or neglect as required by this Act shall be referred to the
3 Department of Professional Regulation for action in
4 accordance with paragraph 19 of Section 23 of the Illinois
5 Dental Practice Act. Any other person required by this Act
6 to report suspected child abuse and neglect who willfully
7 fails to report such is shall be guilty of a Class A
8 misdemeanor for a first violation and a Class 4 felony for a
9 second or subsequent violation.
10 (Source: P.A. 91-197, eff. 1-1-00.)
11 (325 ILCS 5/7) (from Ch. 23, par. 2057)
12 Sec. 7. Time and manner of making reports. All reports
13 of suspected child abuse or neglect made under this Act shall
14 be made immediately by telephone to the central register
15 established under Section 7.7 on the single, State-wide,
16 toll-free telephone number established in Section 7.6, or in
17 person or by telephone through the nearest Department office.
18 The Department shall, in cooperation with school officials,
19 distribute appropriate materials in school buildings listing
20 the toll-free telephone number established in Section 7.6,
21 including methods of making a report under this Act. The
22 Department may, in cooperation with appropriate members of
23 the clergy, distribute appropriate materials in churches,
24 synagogues, temples, mosques, or other religious buildings
25 listing the toll-free telephone number established in Section
26 7.6, including methods of making a report under this Act.
27 Wherever the Statewide number is posted, there shall also
28 be posted the following notice:
29 "Any person who knowingly transmits a false report to the
30 Department commits the offense of disorderly conduct under
31 subsection (a)(7) of Section 26-1 of the Criminal Code of
32 1961. A first violation of this subsection is a Class A
33 misdemeanor, punishable by a term of imprisonment for up to
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1 one year, or by a fine not to exceed $1,000, or by both such
2 term and fine. A second or subsequent violation is a Class 4
3 felony."
4 The report required by this Act shall include, if known,
5 the name and address of the child and his parents or other
6 persons having his custody; the child's age; the nature of
7 the child's condition including any evidence of previous
8 injuries or disabilities; and any other information that the
9 person filing the report believes might be helpful in
10 establishing the cause of such abuse or neglect and the
11 identity of the person believed to have caused such abuse or
12 neglect. Reports made to the central register through the
13 State-wide, toll-free telephone number shall be immediately
14 transmitted to the appropriate Child Protective Service Unit.
15 The Department shall within 24 hours orally notify local law
16 enforcement personnel and the office of the State's Attorney
17 of the involved county of the receipt of any report alleging
18 the death of a child, serious injury to a child including,
19 but not limited to, brain damage, skull fractures, subdural
20 hematomas, and, internal injuries, torture of a child,
21 malnutrition of a child, and sexual abuse to a child,
22 including, but not limited to, sexual intercourse, sexual
23 exploitation, sexual molestation, and sexually transmitted
24 disease in a child age twelve and under. All oral reports
25 made by the Department to local law enforcement personnel and
26 the office of the State's Attorney of the involved county
27 shall be confirmed in writing within 48 hours of the oral
28 report. All reports by persons mandated to report under this
29 Act shall be confirmed in writing to the appropriate Child
30 Protective Service Unit, which may be on forms supplied by
31 the Department, within 48 hours of any initial report.
32 Written confirmation reports from persons not required to
33 report by this Act may be made to the appropriate Child
34 Protective Service Unit. Written reports from persons
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1 required by this Act to report shall be admissible in
2 evidence in any judicial proceeding relating to child abuse
3 or neglect. Reports involving known or suspected child abuse
4 or neglect in public or private residential agencies or
5 institutions shall be made and received in the same manner as
6 all other reports made under this Act.
7 (Source: P.A. 89-187, eff. 7-19-95.)
8 (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
9 Sec. 7.1. (a) To the fullest extent feasible, the
10 Department shall cooperate with and shall seek the
11 cooperation and involvement of all appropriate public and
12 private agencies, including health, education, social service
13 and law enforcement agencies, religious institutions, courts
14 of competent jurisdiction, and agencies, organizations, or
15 programs providing or concerned with human services related
16 to the prevention, identification or treatment of child abuse
17 or neglect.
18 Such cooperation and involvement shall include joint
19 consultation and services, joint planning, joint case
20 management, joint public education and information services,
21 joint utilization of facilities, joint staff development and
22 other training, and the creation of multidisciplinary case
23 diagnostic, case handling, case management, and policy
24 planning teams. Such cooperation and involvement shall also
25 include consultation and planning with the Illinois
26 Department of Human Services regarding referrals to
27 designated perinatal centers of newborn children requiring
28 protective custody under this Act, whose life or development
29 may be threatened by a developmental disability or
30 handicapping condition.
31 For implementing such intergovernmental cooperation and
32 involvement, units of local government and public and private
33 agencies may apply for and receive federal or State funds
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1 from the Department under this Act or seek and receive gifts
2 from local philanthropic or other private local sources in
3 order to augment any State funds appropriated for the
4 purposes of this Act.
5 (b) The Department may establish up to 5 demonstrations
6 of multidisciplinary teams to advise, review and monitor
7 cases of child abuse and neglect brought by the Department or
8 any member of the team. The Director shall determine the
9 criteria by which certain cases of child abuse or neglect are
10 brought to the multidisciplinary teams. The criteria shall
11 include but not be limited to geographic area and
12 classification of certain cases where allegations are of a
13 severe nature. Each multidisciplinary team shall consist of
14 7 to 10 members appointed by the Director, including, but not
15 limited to representatives from the medical, mental health,
16 educational, juvenile justice, law enforcement and social
17 service fields.
18 (Source: P.A. 89-507, eff. 7-1-97.)
19 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
20 Sec. 7.4. (a) The Department shall be capable of
21 receiving reports of suspected child abuse or neglect 24
22 hours a day, 7 days a week. Whenever the Department receives
23 a report alleging that a child is a truant as defined in
24 Section 26-2a of The School Code, as now or hereafter
25 amended, the Department shall notify the superintendent of
26 the school district in which the child resides and the
27 appropriate superintendent of the educational service region.
28 The notification to the appropriate officials by the
29 Department shall not be considered an allegation of abuse or
30 neglect under this Act.
31 (b) (1) The following procedures shall be followed in
32 the investigation of all reports of suspected abuse or
33 neglect of a child, except as provided in subsection (c) of
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1 this Section.
2 (2) If it appears that the immediate safety or
3 well-being of a child is endangered, that the family may flee
4 or the child disappear, or that the facts otherwise so
5 warrant, the Child Protective Service Unit shall commence an
6 investigation immediately, regardless of the time of day or
7 night. In all other cases, investigation shall be commenced
8 within 24 hours of receipt of the report. Upon receipt of a
9 report, the Child Protective Service Unit shall make an
10 initial investigation and an initial determination whether
11 the report is a good faith indication of alleged child abuse
12 or neglect.
13 (3) If the Unit determines the report is a good faith
14 indication of alleged child abuse or neglect, then a formal
15 investigation shall commence and, pursuant to Section 7.12 of
16 this Act, may or may not result in an indicated report. The
17 formal investigation shall include: direct contact with the
18 subject or subjects of the report as soon as possible after
19 the report is received; an evaluation of the environment of
20 the child named in the report and any other children in the
21 same environment; a determination of the risk to such
22 children if they continue to remain in the existing
23 environments, as well as a determination of the nature,
24 extent and cause of any condition enumerated in such report;
25 the name, age and condition of other children in the
26 environment; and an evaluation as to whether there would be
27 an immediate and urgent necessity to remove the child from
28 the environment if appropriate family preservation services
29 were provided. After seeing to the safety of the child or
30 children, the Department shall forthwith notify the subjects
31 of the report in writing, of the existence of the report and
32 their rights existing under this Act in regard to amendment
33 or expungement. To fulfill the requirements of this Section,
34 the Child Protective Service Unit shall have the capability
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1 of providing or arranging for comprehensive emergency
2 services to children and families at all times of the day or
3 night.
4 (4) If (i) at the conclusion of the Unit's initial
5 investigation of a report, the Unit determines the report to
6 be a good faith indication of alleged child abuse or neglect
7 that warrants a formal investigation by the Unit, the
8 Department, any law enforcement agency or any other
9 responsible agency and (ii) the person who is alleged to have
10 caused the abuse or neglect is employed or otherwise engaged
11 in an activity resulting in frequent contact with children
12 and the alleged abuse or neglect are in the course of such
13 employment or activity, then the Department shall, except in
14 investigations where the Director determines that such
15 notification would be detrimental to the Department's
16 investigation, inform the appropriate supervisor or
17 administrator of that employment or activity that the Unit
18 has commenced a formal investigation pursuant to this Act,
19 which may or may not result in an indicated report. The
20 Department shall also notify the person being investigated,
21 unless the Director determines that such notification would
22 be detrimental to the Department's investigation.
23 (c) In an investigation of a report of suspected abuse
24 or neglect of a child by a school employee at a school or on
25 school grounds, the Department shall make reasonable efforts
26 to follow the following procedures:
27 (1) Investigations involving teachers shall not, to
28 the extent possible, be conducted when the teacher is
29 scheduled to conduct classes. Investigations involving
30 other school employees shall be conducted so as to
31 minimize disruption of the school day. The school
32 employee accused of child abuse or neglect may have his
33 superior, his association or union representative and his
34 attorney present at any interview or meeting at which the
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1 teacher or administrator is present. The accused school
2 employee shall be informed by a representative of the
3 Department, at any interview or meeting, of the accused
4 school employee's due process rights and of the steps in
5 the investigation process. The information shall include,
6 but need not necessarily be limited to the right, subject
7 to the approval of the Department, of the school employee
8 to confront the accuser, if the accuser is 14 years of
9 age or older, or the right to review the specific
10 allegations which gave rise to the investigation, and the
11 right to review all materials and evidence that have been
12 submitted to the Department in support of the allegation.
13 These due process rights shall also include the right of
14 the school employee to present countervailing evidence
15 regarding the accusations.
16 (2) If a report of neglect or abuse of a child by a
17 teacher or administrator does not involve allegations of
18 sexual abuse or extreme physical abuse, the Child
19 Protective Service Unit shall make reasonable efforts to
20 conduct the initial investigation in coordination with
21 the employee's supervisor.
22 If the Unit determines that the report is a good
23 faith indication of potential child abuse or neglect, it
24 shall then commence a formal investigation under
25 paragraph (3) of subsection (b) of this Section.
26 (3) If a report of neglect or abuse of a child by a
27 teacher or administrator involves an allegation of sexual
28 abuse or extreme physical abuse, the Child Protective
29 Unit shall commence an investigation under paragraph (2)
30 of subsection (b) of this Section.
31 (d) If the Department has contact with an employer, or
32 with a religious institution or religious official having
33 supervisory or hierarchical authority over a member of the
34 clergy accused of the abuse of a child, in the course of its
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1 investigation, the Department shall notify the employer or
2 the religious institution or religious official, in writing,
3 when a report is unfounded so that any record of the
4 investigation can be expunged from the employee's or member
5 of the clergy's personnel or other records. The Department
6 shall also notify the employee or the member of the clergy,
7 in writing, that notification has been sent to the employer
8 or to the appropriate religious institution or religious
9 official informing the employer or religious institution or
10 religious official that the Department's investigation has
11 resulted in an unfounded report.
12 (e) Upon request by the Department, the Department of
13 State Police and law enforcement agencies are authorized to
14 provide criminal history record information as defined in
15 the Illinois Uniform Conviction Information Act and
16 information maintained in the adjudicatory and dispositional
17 record system as defined in Section 2605-355 of the
18 Department of State Police Law (20 ILCS 2605/2605-355) to
19 properly designated employees of the Department of Children
20 and Family Services if the Department determines the
21 information is necessary to perform its duties under the
22 Abused and Neglected Child Reporting Act, the Child Care Act
23 of 1969, and the Children and Family Services Act. The
24 request shall be in the form and manner required by the
25 Department of State Police. Any information obtained by the
26 Department of Children and Family Services under this Section
27 is confidential and may not be transmitted outside the
28 Department of Children and Family Services other than to a
29 court of competent jurisdiction or unless otherwise
30 authorized by law. Any employee of the Department of Children
31 and Family Services who transmits confidential information in
32 violation of this Section or causes the information to be
33 transmitted in violation of this Section is guilty of a Class
34 A misdemeanor unless the transmittal of the information is
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1 authorized by this Section or otherwise authorized by law.
2 (Source: P.A. 91-239, eff. 1-1-00.)
3 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
4 Sec. 7.14. All reports in the central register shall be
5 classified in one of three categories: "indicated",
6 "unfounded" or "undetermined", as the case may be. After the
7 report is classified, the person making the classification
8 shall determine whether the child named in the report is the
9 subject of an action under Article II of the Juvenile Court
10 Act of 1987. If the child is the subject of an action under
11 Article II of the Juvenile Court Act, the Department shall
12 transmit a copy of the report to the guardian ad litem
13 appointed for the child under Section 2-17 of the Juvenile
14 Court Act. All information identifying the subjects of an
15 unfounded report shall be expunged from the register
16 forthwith, except as provided in Section 7.7. Unfounded
17 reports may only be made available to the Child Protective
18 Service Unit when investigating a subsequent report of
19 suspected abuse or maltreatment involving a child named in
20 the unfounded report; and to the subject of the report,
21 provided that the subject requests the report within 60 days
22 of being notified that the report was unfounded. The Child
23 Protective Service Unit shall not indicate the subsequent
24 report solely based upon the existence of the prior unfounded
25 report or reports. Notwithstanding any other provision of
26 law to the contrary, an unfounded report shall not be
27 admissible in any judicial or administrative proceeding or
28 action. Identifying information on all other records shall be
29 removed from the register no later than 5 years after the
30 report is indicated. However, if another report is received
31 involving the same child, his sibling or offspring, or a
32 child in the care of the persons responsible for the child's
33 welfare, or involving the same alleged offender, the
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1 identifying information may be maintained in the register
2 until 5 years after the subsequent case or report is closed.
3 Notwithstanding any other provision of this Section,
4 identifying information in indicated reports involving the
5 sexual abuse of a child, the death of a child, or serious
6 physical injury to a child as defined by the Department in
7 rules, may be retained longer than 5 years after the report
8 is indicated or after the subsequent case or report is
9 closed, and may not be removed from the register except as
10 provided by the Department in rules.
11 (Source: P.A. 90-15, eff. 6-13-97.)
12 Section 10. The Criminal Code of 1961 is amended by
13 changing Section 3-6 as follows:
14 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
15 Sec. 3-6. Extended limitations. The period within which
16 a prosecution must be commenced under the provisions of
17 Section 3-5 or other applicable statute is extended under the
18 following conditions:
19 (a) A prosecution for theft involving a breach of a
20 fiduciary obligation to the aggrieved person may be commenced
21 as follows:
22 (1) If the aggrieved person is a minor or a person
23 under legal disability, then during the minority or legal
24 disability or within one year after the termination
25 thereof.
26 (2) In any other instance, within one year after
27 the discovery of the offense by an aggrieved person, or
28 by a person who has legal capacity to represent an
29 aggrieved person or has a legal duty to report the
30 offense, and is not himself or herself a party to the
31 offense; or in the absence of such discovery, within one
32 year after the proper prosecuting officer becomes aware
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1 of the offense. However, in no such case is the period of
2 limitation so extended more than 3 years beyond the
3 expiration of the period otherwise applicable.
4 (b) A prosecution for any offense based upon misconduct
5 in office by a public officer or employee may be commenced
6 within one year after discovery of the offense by a person
7 having a legal duty to report such offense, or in the absence
8 of such discovery, within one year after the proper
9 prosecuting officer becomes aware of the offense. However, in
10 no such case is the period of limitation so extended more
11 than 3 years beyond the expiration of the period otherwise
12 applicable.
13 (c) Except as otherwise provided in subdivision (i) or
14 (j) of this Section, a prosecution for any offense involving
15 sexual conduct or sexual penetration, as defined in Section
16 12-12 of this Code, where the victim and defendant are family
17 members, as defined in Section 12-12 of this Code, may be
18 commenced within one year of the victim attaining the age of
19 18 years.
20 (d) A prosecution for child pornography, indecent
21 solicitation of a child, soliciting for a juvenile
22 prostitute, juvenile pimping or exploitation of a child may
23 be commenced within one year of the victim attaining the age
24 of 18 years. However, in no such case shall the time period
25 for prosecution expire sooner than 3 years after the
26 commission of the offense. When the victim is under 18 years
27 of age, a prosecution for criminal sexual abuse may be
28 commenced within one year of the victim attaining the age of
29 18 years. However, in no such case shall the time period for
30 prosecution expire sooner than 3 years after the commission
31 of the offense.
32 (e) Except as otherwise provided in subdivision (j), a
33 prosecution for any offense involving sexual conduct or
34 sexual penetration, as defined in Section 12-12 of this Code,
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1 where the defendant was within a professional or fiduciary
2 relationship or a purported professional or fiduciary
3 relationship with the victim at the time of the commission of
4 the offense may be commenced within one year after the
5 discovery of the offense by the victim.
6 (f) A prosecution for any offense set forth in Section
7 44 of the "Environmental Protection Act", approved June 29,
8 1970, as amended, may be commenced within 5 years after the
9 discovery of such an offense by a person or agency having the
10 legal duty to report the offense or in the absence of such
11 discovery, within 5 years after the proper prosecuting
12 officer becomes aware of the offense.
13 (g) (Blank).
14 (h) (Blank).
15 (i) Except as otherwise provided in subdivision (j), a
16 prosecution for criminal sexual assault, aggravated criminal
17 sexual assault, or aggravated criminal sexual abuse may be
18 commenced within 10 years of the commission of the offense if
19 the victim reported the offense to law enforcement
20 authorities within 2 years after the commission of the
21 offense.
22 When the victim is under 18 years of age at the time of
23 the offense and the offender is a family member as defined in
24 Section 12-12, a prosecution for criminal sexual assault,
25 aggravated criminal sexual assault, predatory criminal sexual
26 assault of a child, or aggravated criminal sexual abuse may
27 be commenced within 10 years of the victim attaining the age
28 of 18 years.
29 When the victim is under 18 years of age at the time of
30 the offense and the offender is not a family member as
31 defined in Section 12-12, a prosecution for criminal sexual
32 assault, aggravated criminal sexual assault, predatory
33 criminal sexual assault of a child, or aggravated criminal
34 sexual abuse may be commenced within 10 years of the victim
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1 attaining the age of 18 years, if the victim reported the
2 offense to law enforcement authorities before he or she
3 attained the age of 21 years. Nothing in this subdivision
4 (i) shall be construed to shorten a period within which a
5 prosecution must be commenced under any other provision of
6 this Section.
7 (j) When the victim is under 18 years of age at the time
8 of the offense, a prosecution for criminal sexual assault,
9 aggravated criminal sexual assault, predatory criminal sexual
10 assault of a child, or aggravated criminal sexual abuse or a
11 prosecution for failure of a person who is required to report
12 an alleged or suspected commission of any of these offenses
13 under the Abused and Neglected Child Reporting Act may be
14 commenced within 10 years after the child victim attains 18
15 years of age.
16 Nothing in this subdivision (j) shall be construed to
17 shorten a period within which a prosecution must be commenced
18 under any other provision of this Section.
19 (Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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