Rep. Fred Crespo
Filed: 3/22/2021
 
 


 




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1
AMENDMENT TO HOUSE BILL 3264 




2 AMENDMENT NO. ______. Amend House Bill 3264 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Abused and Neglected Child Reporting Act 
5is amended by changing Section 3 as follows:

6 (325 ILCS 5/3) (from Ch. 23, par. 2053)
7 Sec. 3. As used in this Act unless the context otherwise 
8requires: 
9 "Adult resident" means any person between 18 and 22 years 
10of age who resides in any facility licensed by the Department 
11under the Child Care Act of 1969. For purposes of this Act, the 
12criteria set forth in the definitions of "abused child" and 
13"neglected child" shall be used in determining whether an 
14adult resident is abused or neglected.
15 "Agency" means a child care facility licensed under 
16Section 2.05 or Section 2.06 of the Child Care Act of 1969 and 
 
 
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1includes a transitional living program that accepts children 
2and adult residents for placement who are in the guardianship 
3of the Department. 
4 "Blatant disregard" means an incident where the real, 
5significant, and imminent risk of harm would be so obvious to a 
6reasonable parent or caretaker that it is unlikely that a 
7reasonable parent or caretaker would have exposed the child to 
8the danger without exercising precautionary measures to 
9protect the child from harm. With respect to a person working 
10at an agency in his or her professional capacity with a child 
11or adult resident, "blatant disregard" includes a failure by 
12the person to perform job responsibilities intended to protect 
13the child's or adult resident's health, physical well-being, 
14or welfare, and, when viewed in light of the surrounding 
15circumstances, evidence exists that would cause a reasonable 
16person to believe that the child was neglected. With respect 
17to an agency, "blatant disregard" includes a failure to 
18implement practices that ensure the health, physical 
19well-being, or welfare of the children and adult residents 
20residing in the facility. 
21 "Child" means any person under the age of 18 years, unless 
22legally
emancipated by reason of marriage or entry into a 
23branch of the United
States armed services.
24 "Department" means Department of Children and Family 
25Services.
26 "Local law enforcement agency" means the police of a city, 
 
 
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1town,
village or other incorporated area or the sheriff of an 
2unincorporated
area or any sworn officer of the Illinois 
3Department of State Police.
4 "Abused child"
means a child whose parent or immediate 
5family
member,
or any person responsible for the child's 
6welfare, or any individual
residing in the same home as the 
7child, or a paramour of the child's parent:
8  (a) inflicts, causes to be inflicted, or allows to be

9 inflicted upon
such child physical injury, by other than 
10 accidental means, which causes
death, disfigurement, 
11 impairment of physical or
emotional health, or loss or 
12 impairment of any bodily function;
13  (b) creates a substantial risk of physical injury to 
14 such
child by
other than accidental means which would be 
15 likely to cause death,
disfigurement, impairment of 
16 physical or emotional health, or loss or
impairment of any 
17 bodily function;
18  (c) commits or allows to be committed any sex offense 
19 against
such child,
as such sex offenses are defined in 
20 the Criminal Code of 2012 or in the Wrongs to Children Act,

21 and extending those definitions of sex offenses to include 
22 children under
18 years of age;
23  (d) commits or allows to be committed an act or acts of

24 torture upon
such child;
25  (e) inflicts excessive corporal punishment or, in the 
26 case of a person working for an agency who is prohibited 
 
 
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1 from using corporal punishment, inflicts corporal 
2 punishment upon a child or adult resident with whom the 
3 person is working in his or her professional capacity; 
4  (f) commits or allows to be committed
the offense of

5 female
genital mutilation, as defined in Section 12-34 of 
6 the Criminal Code of
2012, against the child;
7  (g) causes to be sold, transferred, distributed, or 
8 given to
such child
under 18 years of age, a controlled 
9 substance as defined in Section 102 of the
Illinois 
10 Controlled Substances Act in violation of Article IV of 
11 the Illinois
Controlled Substances Act or in violation of 
12 the Methamphetamine Control and Community Protection Act, 
13 except for controlled substances that are prescribed
in 
14 accordance with Article III of the Illinois Controlled 
15 Substances Act and
are dispensed to such child in a manner 
16 that substantially complies with the
prescription; or
17  (h) commits or allows to be committed the offense of 
18 involuntary servitude, involuntary sexual servitude of a 
19 minor, or trafficking in persons as defined in Section 
20 10-9 of the Criminal Code of 2012 against the child; or . 
21  (i) commits the offense of grooming as defined in 
22 Section 11-25 of the Criminal Code of 2012 against the 
23 child. 
24 A child shall not be considered abused for the sole reason 
25that the child
has been relinquished in accordance with the 
26Abandoned Newborn Infant
Protection Act.
 
 
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1 "Neglected child" means any child who is not receiving the 
2proper or
necessary nourishment or medically indicated 
3treatment including food or care
not provided solely on the 
4basis of the present or anticipated mental or
physical 
5impairment as determined by a physician acting alone or in

6consultation with other physicians or otherwise is not 
7receiving the proper or
necessary support or medical or other 
8remedial care recognized under State law
as necessary for a 
9child's well-being, or other care necessary for his or her

10well-being, including adequate food, clothing and shelter; or 
11who is subjected to an environment which is injurious insofar 
12as (i) the child's environment creates a likelihood of harm to 
13the child's health, physical well-being, or welfare and (ii) 
14the likely harm to the child is the result of a blatant 
15disregard of parent, caretaker, or agency responsibilities; or 
16who is abandoned
by his or her parents or other person 
17responsible for the child's welfare
without a proper plan of 
18care; or who has been provided with interim crisis 
19intervention services under
Section 3-5 of
the Juvenile Court 
20Act of 1987 and whose parent, guardian, or custodian refuses 
21to
permit
the child to return home and no other living 
22arrangement agreeable
to the parent, guardian, or custodian 
23can be made, and the parent, guardian, or custodian has not 
24made any other appropriate living arrangement for the child; 
25or who is a newborn infant whose blood, urine,
or meconium

26contains any amount of a controlled substance as defined in 
 
 
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1subsection (f) of
Section 102 of the Illinois Controlled 
2Substances Act or a metabolite thereof,
with the exception of 
3a controlled substance or metabolite thereof whose
presence in 
4the newborn infant is the result of medical treatment 
5administered
to the mother or the newborn infant. A child 
6shall not be considered neglected
for the sole reason that the 
7child's parent or other person responsible for his
or her 
8welfare has left the child in the care of an adult relative for 
9any
period of time. A child shall not be considered neglected 
10for the sole reason
that the child has been relinquished in 
11accordance with the Abandoned Newborn
Infant Protection Act. A 
12child shall not be considered neglected or abused
for the
sole 
13reason that such child's parent or other person responsible 
14for his or her
welfare depends upon spiritual means through 
15prayer alone for the treatment or
cure of disease or remedial 
16care as provided under Section 4 of this Act. A
child shall not 
17be considered neglected or abused solely because the child is

18not attending school in accordance with the requirements of 
19Article 26 of The
School Code, as amended.
20 "Child Protective Service Unit" means certain specialized 
21State employees of
the Department assigned by the Director to 
22perform the duties and
responsibilities as provided under 
23Section 7.2 of this Act.
24 "Near fatality" means an act that, as certified by a 
25physician, places the child in serious or critical condition, 
26including acts of great bodily harm inflicted upon children 
 
 
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1under 13 years of age, and as otherwise defined by Department 
2rule.
3 "Great bodily harm" includes bodily injury which creates a 
4high probability of death, or which causes serious permanent 
5disfigurement, or which causes a permanent or protracted loss 
6or impairment of the function of any bodily member or organ, or 
7other serious bodily harm.
8 "Person responsible for the child's welfare" means the 
9child's parent;
guardian; foster parent; relative caregiver; 
10any person responsible for the
child's welfare in a public or 
11private residential agency or institution; any
person 
12responsible for the child's welfare within a public or private 
13profit or
not for profit child care facility; or any other 
14person responsible for the
child's welfare at the time of the 
15alleged abuse or neglect, including any person that is the 
16custodian of a child under 18 years of age who commits or 
17allows to be committed, against the child, the offense of 
18involuntary servitude, involuntary sexual servitude of a 
19minor, or trafficking in persons for forced labor or services, 
20as provided in Section 10-9 of the Criminal Code of 2012, or 
21any person who
came to know the child through an official 
22capacity or position of trust,
including but not limited to 
23health care professionals, educational personnel,
recreational 
24supervisors, members of the clergy, and volunteers or
support 
25personnel in any setting
where children may be subject to 
26abuse or neglect.
 
 
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1 "Temporary protective custody" means custody within a 
2hospital or
other medical facility or a place previously 
3designated for such custody
by the Department, subject to 
4review by the Court, including a licensed
foster home, group 
5home, or other institution; but such place shall not
be a jail 
6or other place for the detention of criminal or juvenile 
7offenders.
8 "An unfounded report" means any report made under this Act 
9for which
it is determined after an investigation that no 
10credible evidence of
abuse or neglect exists.
11 "An indicated report" means a report made under this Act 
12if an
investigation determines that credible evidence of the 
13alleged
abuse or neglect exists.
14 "An undetermined report" means any report made under this 
15Act in
which it was not possible to initiate or complete an 
16investigation on
the basis of information provided to the 
17Department.
18 "Subject of report" means any child reported to the 
19central register
of child abuse and neglect established under 
20Section 7.7 of this Act as an alleged victim of child abuse or 
21neglect and
the parent or guardian of the alleged victim or 
22other person responsible for the alleged victim's welfare who 
23is named in the report or added to the report as an alleged 
24perpetrator of child abuse or neglect.
25 "Perpetrator" means a person who, as a result of 
26investigation, has
been determined by the Department to have 
 
 
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1caused child abuse or neglect.
2 "Member of the clergy" means a clergyman or practitioner 
3of any religious
denomination accredited by the religious body 
4to which he or she belongs.
5(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)


6 Section 10. The Criminal Code of 2012 is amended by 
7changing Sections 11-1.20, 11-1.60, and 11-25 as follows:



8 (720 ILCS 5/11-1.20)  (was 720 ILCS 5/12-13)


9 Sec. 11-1.20. Criminal sexual assault. 

10 (a) A person commits criminal sexual assault if that 
11person commits an act of sexual penetration and:
12  (1) uses force or threat of force;
13  (2) knows that the victim is unable to understand the 
14 nature of the act or is unable to give knowing consent;
15  (3) is a family member of the victim, and the victim is 
16 under 18 years of age; or
17  (4) is 17 years of age or over and holds a position of 
18 trust, authority, or supervision in relation to the 
19 victim, and the victim is at least 13 years of age but 
20 under 18 years of age; or .

21  (5) the victim is a student attending classes at a 
22 public or nonpublic secondary school and the accused held 
23 a position of trust, authority, or supervision over the 
24 victim in connection with an educational or 
 
 
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1 extracurricular program or activity at the time of the 
2 commission of the act, regardless of the location or place 
3 of the commission of the act.
4 (b) Sentence. 

5  (1) Criminal sexual assault is a Class 1 felony, 
6 except that: 

7   (A) A person who is convicted of the offense of 
8 criminal sexual assault as
defined in paragraph (a)(1) 
9 or (a)(2) after having previously been convicted of

10 the offense of criminal sexual assault or the offense 
11 of exploitation of a child, or who is convicted of the 
12 offense of
criminal sexual assault as defined in 
13 paragraph (a)(1) or (a)(2) after having
previously 
14 been convicted under the laws of this State or any 
15 other state of an
offense that is substantially 
16 equivalent to the offense of criminal sexual
assault 
17 or to the offense of exploitation of a child, commits a 
18 Class X felony for which the person shall be sentenced 
19 to a
term of imprisonment of not less than 30 years and 
20 not more than 60 years, except that if the person is 
21 under the age of 18 years at the time of the offense, 
22 he or she shall be sentenced under Section 5-4.5-105 
23 of the Unified Code of Corrections. The
commission of 
24 the second or subsequent offense is required to have 
25 been after
the initial conviction for this paragraph 
26 (A) to apply.

 
 
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1   (B) A person who has attained the age of 18 years 
2 at the time of the commission of the offense and who is 
3 convicted of the offense of criminal sexual assault as

4 defined in paragraph (a)(1) or (a)(2) after having 
5 previously been convicted of
the offense of aggravated 
6 criminal sexual assault or the offense of predatory

7 criminal sexual assault of a child, or who is 
8 convicted of the offense of
criminal sexual assault as 
9 defined in paragraph (a)(1) or (a)(2) after having

10 previously been convicted under the laws of this State 
11 or any other state of an
offense that is substantially 
12 equivalent to the offense of aggravated criminal

13 sexual assault or the offense of predatory criminal 
14 sexual assault of a child shall be
sentenced to a term 
15 of natural life imprisonment. The commission of the 
16 second
or subsequent offense is required to have been 
17 after the initial conviction for
this paragraph (B) to 
18 apply. An offender under the age of 18 years at the 
19 time of the commission of the offense covered by this 
20 subparagraph (B) shall be sentenced under Section 
21 5-4.5-105 of the Unified Code of Corrections. 

22   (C) A second or subsequent conviction for a 
23 violation of paragraph
(a)(3), or (a)(4), or (a)(5) or 
24 under any similar statute of this State
or any other 
25 state for any offense involving criminal sexual 
26 assault that is
substantially equivalent to or more 
 
 
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1 serious than the sexual assault prohibited
under 
2 paragraph (a)(3), or (a)(4), or (a)(5) is a Class X 
3 felony. 

4(Source: P.A. 99-69, eff. 1-1-16.)



5 (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)

6 Sec. 11-1.60. Aggravated criminal sexual abuse. 

7 (a) A person commits aggravated criminal sexual abuse if 
8that person commits criminal sexual abuse and any of the 
9following aggravating circumstances exist (i) during the 
10commission of the offense or (ii) for purposes of paragraph 
11(7), as part of the same course of conduct as the commission of 
12the offense:
13  (1) the person displays, threatens to use, or uses a 
14 dangerous weapon or any other object fashioned or used in 
15 a manner that leads the victim, under the circumstances, 
16 reasonably to believe that the object is a dangerous 
17 weapon;
18  (2) the person causes bodily harm to the victim;
19  (3) the victim is 60 years of age or older;
20  (4) the victim is a person with a physical disability;
21  (5) the person acts in a manner that threatens or 
22 endangers the life of the victim or any other person;
23  (6) the person commits the criminal sexual abuse 
24 during the course of committing or attempting to commit 
25 any other felony; or
 
 
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1  (7) the person delivers (by injection, inhalation, 
2 ingestion, transfer of possession, or any other means) any 
3 controlled substance to the victim for other than medical 
4 purposes without the victim's consent or by threat or 
5 deception.

6 (b) A person commits aggravated criminal sexual abuse if 
7that person
commits an act of sexual conduct with a victim who 
8is under 18
years of age
and the person is a family member.

9 (c) A person commits aggravated criminal sexual abuse if:


10  (1) that person is 17 years of age or over and: (i) 
11 commits an act of
sexual
conduct with a victim who is under 
12 13 years of age; or
(ii) commits an act of sexual conduct 
13 with a victim who is at least 13
years of age but under 17 
14 years of age and the
person uses force or threat of force 
15 to commit the act; or


16  (2) that person is under 17 years of age and: (i) 
17 commits an act of
sexual conduct with a victim who is under 
18 9 years of age; or (ii) commits an act of sexual conduct 
19 with a victim who is
at least 9 years of age but under 17 
20 years of age and the person uses force or threat of force 
21 to commit the act.

22 (d) A person commits aggravated criminal sexual abuse if 
23that person
commits an act of sexual penetration or sexual 
24conduct with a victim
who is at least 13
years of age but under 
2517 years of age and the person is at least 5 years
older than 
26the victim.

 
 
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1 (e) A person commits aggravated criminal sexual abuse if 
2that person
commits an act of sexual conduct with a victim who 
3is a
person with a severe or profound intellectual disability.

4 (f) A person commits aggravated criminal sexual abuse if

5that person commits an act of sexual conduct with a victim who 
6is at least
13 years of age but under 18 years of age and
the 
7person is 17 years of age or over and holds a position of 
8trust,
authority, or supervision in relation to the victim.

9 (f-5) A person commits aggravated criminal sexual abuse if 
10that person commits an act of sexual conduct with a victim who 
11is a student attending classes at a public or nonpublic 
12secondary school and the accused held a position of trust, 
13authority, or supervision in relation to the victim in 
14connection with an educational or extracurricular program or 
15activity at the time of the commission of the act, regardless 
16of the location or place of the commission of the act.
17 (g) Sentence. Aggravated criminal sexual abuse is a Class 
182 felony.

19(Source: P.A. 99-143, eff. 7-27-15.)


20 (720 ILCS 5/11-25)
21 Sec. 11-25. Grooming.
22 (a) A person commits grooming when he or she knowingly 
23uses a computer on-line service, Internet service, local 
24bulletin board service, or any other device capable of 
25electronic data storage or transmission or performs an act in 
 
 
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1person, through direct communication or by conduct through a 
2third party, to seduce, solicit, lure, or entice, or attempt 
3to seduce, solicit, lure, or entice, a child, a child's 
4guardian, or another person believed by the person to be a 
5child or a child's guardian, to commit any sex offense as 
6defined in Section 2 of the Sex Offender Registration Act, to 
7distribute photographs depicting the sex organs of the child, 
8or to otherwise engage in any unlawful sexual conduct with a 
9child or with another person believed by the person to be a 
10child. As used in this Section, "child" means a person under 17 
11years of age. 
12 (b) Sentence. Grooming is a Class 4 felony. 

13(Source: P.A. 100-428, eff. 1-1-18.)

14 Section 99. Effective date. This Act takes effect upon 
15becoming law.".