Public Act 097-0874
 
SB3517 EnrolledLRB097 14108 CEL 58778 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:


        (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 or 
    disabled person as described in Section 12-21 or subsection 
    (b) 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, 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;
        (2) identity theft under Section 16-30 of the Criminal 
    Code of 1961;
        (3) financial exploitation of an elderly person or a 
    person with a disability under Section 17-56 of the 
    Criminal Code of 1961;
        (4) computer tampering under Section 17-51 of the 
    Criminal Code of 1961;
        (5) aggravated computer tampering under Section 17-52 
    of the Criminal Code of 1961;
        (6) computer fraud under Section 17-50 of the Criminal 
    Code of 1961;
        (7) deceptive practices under Section 17-1 of the 
    Criminal Code of 1961;
        (8) forgery under Section 17-3 of the Criminal Code of 
    1961;
        (9) State benefits fraud under Section 17-6 of the 
    Criminal Code of 1961;
        (10) mail fraud and wire fraud under Section 17-24 of 
    the Criminal Code of 1961;
        (11) theft under paragraphs (1.1) through (11) of 
    subsection (b) of Section 16-1 of the Criminal Code of 
    1961. 
    (b-2) Notwithstanding subsection (b-1), the Department may 
make an exception and, for For child care facilities other than 
foster family homes,
the Department may 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
waiver shall apply 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 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 waiver.


        (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. 96-1551, Article 1, Section 925, eff. 7-1-11; 
96-1551, Article 2, Section 990, eff. 7-1-11; revised 9-30-11.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.