[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0328
SB940 Enrolled LRB9204070RCpr
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is
amended by changing Section 7 as follows:
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses 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, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(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;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly or
disabled person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent,
who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
great-uncle, or great-aunt; or (ii) is the spouse of such a
relative; or (iii) is the child's step-father, step-mother,
or adult step-brother or step-sister; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. A relative with whom a child is placed
pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the
Child Care Act of 1969; provided, however, that as of July 1,
1995, foster care payments shall be made only to licensed
foster family homes pursuant to the terms of Section 5 of
this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met in making a family foster care placement.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. The Department shall
make special efforts for the diligent recruitment of
potential foster and adoptive families that reflect the
ethnic and racial diversity of the children for whom foster
and adoptive homes are needed. "Special efforts" shall
include contacting and working with community organizations
and religious organizations and may include contracting with
those organizations, utilizing local media and other local
resources, and conducting outreach activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, so that permanency may occur at the
earliest opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the
child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
Section 10. 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) 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, and 11-13;
(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;
(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;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm;
(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;
(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 state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
(c) In addition to the provisions set forth in
subsection (b), 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,
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 gross 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 or
cannabis by subcutaneous injection.
(d) Notwithstanding subsection (c), the Department may
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
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.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 91-357,
eff. 7-29-99.)
Section 15. The Criminal Code of 1961 is amended by
changing Section 12-21 as follows:
(720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
Sec. 12-21. Criminal abuse or neglect of an elderly or
disabled person.
(a) A person commits the offense of criminal abuse or
neglect of an elderly or disabled person when he or she is a
caregiver and he or she knowingly:
(1) performs acts that which cause the elderly or
disabled person's life to be endangered, health to be
injured, or pre-existing physical or mental condition to
deteriorate; or
(2) fails to perform acts that which he or she
knows or reasonably should know are necessary to maintain
or preserve the life or health of the elderly or disabled
person and such failure causes the elderly or disabled
person's life to be endangered, health to be injured or
pre-existing physical or mental condition to deteriorate;
or
(3) abandons the elderly or disabled person; or.
(4) physically abuses, harasses, intimidates, or
interferes with the personal liberty of the elderly or
disabled person or exposes the elderly or disabled person
to willful deprivation.
Criminal abuse or neglect of an elderly or disabled
person is a Class 3 felony.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age
or older who is suffering from a disease or infirmity
associated with advanced age and manifested by physical,
mental or emotional dysfunctioning to the extent that
such person is incapable of adequately providing for his
own health and personal care.
(2) "Disabled person" means a person who suffers
from a permanent physical or mental impairment, resulting
from disease, injury, functional disorder or congenital
condition which renders such person incapable of
adequately providing for his own health and personal
care.
(3) "Caregiver" means a person who has a duty to
provide for an elderly or disabled person's health and
personal care, at such person's place of residence,
including but not limited to, food and nutrition,
shelter, hygiene, prescribed medication and medical care
and treatment.
"Caregiver" shall include:
(A) a parent, spouse, adult child or other
relative by blood or marriage who resides with or
resides in the same building with and regularly
visits the elderly or disabled person, knows or
reasonably should know of such person's physical or
mental impairment and knows or reasonably should
know that such person is unable to adequately
provide for his own health and personal care;
(B) a person who is employed by the elderly or
disabled person or by another to reside with or
regularly visit the elderly or disabled person and
provide for such person's health and personal care;
(C) a person who has agreed for consideration
to reside with or regularly visit the elderly or
disabled person and provide for such person's health
and personal care; and
(D) a person who has been appointed by a
private or public agency or by a court of competent
jurisdiction to provide for the elderly or disabled
person's health and personal care.
"Caregiver" shall not include a long-term care
facility licensed or certified under the Nursing Home
Care Act or any administrative, medical or other
personnel of such a facility, or a health care provider
who is licensed under the Medical Practice Act of 1987
and renders care in the ordinary course of his
profession.
(4) "Abandon" means to desert or knowingly forsake
an elderly or disabled person under circumstances in
which a reasonable person would continue to provide care
and custody.
(5) "Willful deprivation" has the meaning ascribed
to it in paragraph (15) of Section 103 of the Illinois
Domestic Violence Act of 1986.
(c) Nothing in this Section shall be construed to limit
the remedies available to the victim under the Illinois
Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose
criminal liability on a person who has made a good faith
effort to provide for the health and personal care of an
elderly or disabled person, but through no fault of his own
has been unable to provide such care.
(e) Nothing in this Section shall be construed as
prohibiting a person from providing treatment by spiritual
means through prayer alone and care consistent therewith in
lieu of medical care and treatment in accordance with the
tenets and practices of any church or religious denomination
of which the elderly or disabled person is a member.
(f) It is shall not be a defense to criminal abuse or
neglect of an elderly or disabled person that the accused
reasonably believed that the victim was not an elderly or
disabled person.
(Source: P.A. 90-14, eff. 7-1-97.)
Passed in the General Assembly May 15, 2001.
Approved August 09, 2001.
[ Top ]