Bill Text: IL HB5131 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that recreational or athletic program or facility personnel who are required to report child abuse must complete mandated reporter training by a provider or agency with expertise in recognizing and reporting child abuse. Enhances the criminal penalty for any person who knowingly and willfully violates certain reporting requirements for mandated reporters. Makes a violation a Class 4 felony (rather than a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation), except that if the person acted as part of a plan or scheme having as its object the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person commits a Class 3 felony (rather than a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense). Enhances the criminal penalty for any other person required to report suspected child abuse or neglect who willfully fails to report such abuse or neglect by making it a Class 4 felony (rather than a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB5131 Detail]

Download: Illinois-2017-HB5131-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5131 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED:
325 ILCS 5/4
325 ILCS 5/4.02 from Ch. 23, par. 2054.02
Amends the Abused and Neglected Child Reporting Act. Provides that recreational or athletic program or facility personnel who are required to report child abuse must complete mandated reporter training by a provider or agency with expertise in recognizing and reporting child abuse. Enhances the criminal penalty for any person who knowingly and willfully violates certain reporting requirements for mandated reporters. Makes a violation a Class 4 felony (rather than a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation), except that if the person acted as part of a plan or scheme having as its object the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person commits a Class 3 felony (rather than a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense). Enhances the criminal penalty for any other person required to report suspected child abuse or neglect who willfully fails to report such abuse or neglect by making it a Class 4 felony (rather than a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation). Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Sections 4 and 4.02 as follows:
(325 ILCS 5/4)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatric physician, physician assistant,
substance abuse treatment personnel, funeral home director or
employee, coroner, medical examiner, emergency medical
technician, acupuncturist, crisis line or hotline personnel,
school personnel (including administrators and both certified
and non-certified school employees), personnel of institutions
of higher education, educational advocate assigned to a child
pursuant to the School Code, member of a school board or the
Chicago Board of Education or the governing body of a private
school (but only to the extent required in accordance with
other provisions of this Section expressly concerning the duty
of school board members to report suspected child abuse),

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truant officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, genetic counselor, respiratory care
practitioner, advanced practice registered nurse, home health
aide, director or staff assistant of a nursery school or a
child day care center, recreational or athletic program or
facility personnel, early intervention provider as defined in
the Early Intervention Services System Act, law enforcement
officer, licensed professional counselor, licensed clinical
professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist,
psychiatrist, or field personnel of the Department of
Healthcare and Family Services, Juvenile Justice, Public
Health, Human Services (acting as successor to the Department
of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, animal control officer or Illinois
Department of Agriculture Bureau of Animal Health and Welfare
field investigator, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may be
an abused child or a neglected child shall immediately report
or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe

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that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this
Act shall immediately report or cause a report to be made to
the Department.
Any physician, physician's assistant, registered nurse,
licensed practical nurse, medical technician, certified
nursing assistant, social worker, or licensed professional
counselor of any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
having reasonable cause to believe a child known to him or her
in his or her professional or official capacity may be an
abused child or a neglected child shall immediately report or
cause a report to be made to the Department.
If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the

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requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the requesting
school district the fact that an employee of the school
district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not been
informed by the Department that the allegations were unfounded.
An employee of a school district who is or has been the subject
of a report made pursuant to this Act during his or her
employment with the school district must be informed by that

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school district that if he or she applies for employment with
another school district, the general superintendent of the
former school district, upon the request of the school district
to which the employee applies, shall notify that requesting
school district that the employee is or was the subject of such
a report.
Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or
as a member of the clergy, he shall make report immediately to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act or constitute grounds for

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failure to share information or documents with the Department
during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in
writing that the information or documents disclosed by the
professional were gathered in the course of a child abuse or
neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within the
meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
Any office, clinic, or any other physical location that
provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a

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neglected child. In addition to the above persons required to
report suspected cases of abused or neglected children, any
other person may make a report if such person has reasonable
cause to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report
under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the
statement shall be borne by the employer.
Within one year of initial employment and at least every 5
years thereafter, school personnel and recreational or
athletic program or facility personnel required to report child
abuse as provided under this Section must complete mandated
reporter training by a provider or agency with expertise in
recognizing and reporting child abuse.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under

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subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of the School Code, as amended.
Nothing in this Act prohibits a mandated reporter who

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reasonably believes that an animal is being abused or neglected
in violation of the Humane Care for Animals Act from reporting
animal abuse or neglect to the Department of Agriculture's
Bureau of Animal Health and Welfare.
A home rule unit may not regulate the reporting of child
abuse or neglect in a manner inconsistent with the provisions
of this Section. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 100-513, eff. 1-1-18.)
(325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)
Sec. 4.02. Any physician who willfully fails to report
suspected child abuse or neglect as required by this Act shall
be referred to the Illinois State Medical Disciplinary Board
for action in accordance with paragraph 22 of Section 22 of the
Medical Practice Act of 1987. Any dentist or dental hygienist
who willfully fails to report suspected child abuse or neglect
as required by this Act shall be referred to the Department of
Professional Regulation for action in accordance with
paragraph 19 of Section 23 of the Illinois Dental Practice Act.
Any other person required by this Act to report suspected child

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abuse and neglect who willfully fails to report such is guilty
of a Class A misdemeanor for a first violation and a Class 4
felony for a second or subsequent violation.
(Source: P.A. 91-197, eff. 1-1-00; 92-801, eff. 8-16-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.