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Judiciary II - Criminal Law Committee
Filed: 2/18/2005
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09400HB0172ham001 |
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LRB094 04161 DRJ 41316 a |
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| AMENDMENT TO HOUSE BILL 172
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| AMENDMENT NO. ______. Amend House Bill 172 by replacing |
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| everything after the enacting clause after the following:
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| "Section 5. The Abused and Neglected Child Reporting Act is |
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| amended by changing Section 7.14 as follows:
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| (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
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| Sec. 7.14. All reports in the central register shall be |
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| classified in one
of three categories: "indicated", |
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| "unfounded" or "undetermined", as the
case may be. After the |
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| report is classified, the person making the
classification |
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| shall determine whether the child named in the
report is the |
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| subject of an action under Article II of the Juvenile Court
Act |
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| of 1987. If the child is the subject of an action under Article |
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| II of the
Juvenile Court Act, the Department shall transmit a |
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| copy of the report to
the guardian ad litem appointed for the |
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| child under Section 2-17 of the
Juvenile Court Act. All |
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| information identifying the subjects of an unfounded
report |
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| shall be expunged from the register
forthwith, except as |
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| provided in Section 7.7.
Unfounded reports may only be made |
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| available to the Child
Protective Service Unit when |
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| investigating a subsequent report of suspected
abuse or |
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| maltreatment involving a child named in the unfounded report; |
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| and to
the subject of the report, provided that the subject |
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| requests the report within
60 days of being notified that the |
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09400HB0172ham001 |
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LRB094 04161 DRJ 41316 a |
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| report was unfounded. The Child Protective
Service Unit shall |
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| not indicate the subsequent report solely based upon the
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| existence of the prior unfounded report or reports. |
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| Notwithstanding any other
provision of law to the contrary, an |
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| unfounded report shall not be admissible
in any judicial or |
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| administrative proceeding or action.
Identifying information |
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| on all other records shall be
removed from the register no |
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| later than 5 years after the report is indicated.
However, if |
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| another report is received involving the same child, his |
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| sibling
or offspring, or a child in the care of the persons |
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| responsible for the
child's welfare, or involving the same |
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| alleged offender, the
identifying
information may be |
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| maintained in the register
until 5 years after the subsequent |
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| case or report is closed.
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| Notwithstanding any other provision of this Section, |
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| identifying
information in indicated reports involving the |
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| sexual abuse of a child, the
death of a child, or serious |
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| physical injury to a child as defined by the
Department in |
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| rules, may be retained longer than 5 years after the report
is |
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| indicated or after the subsequent case or report is closed, and |
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| may not
be removed from the register except as provided by the |
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| Department in rules. Identifying information in indicated |
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| reports involving sexual penetration of a child, sexual |
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| molestation of a child, sexual exploitation of a child, torture |
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| of a child, or the death of a child, as defined by the |
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| Department in rules, shall be retained for a period of not less |
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| than 50 years after the report is indicated or after the |
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| subsequent case or report is closed.
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| (Source: P.A. 92-801, eff. 8-16-02.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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