Bill Amendment: IL HB3264 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ABUSED CHILD-GROOMING

Status: 2021-04-16 - Added Co-Sponsor Rep. Angelica Guerrero-Cuellar [HB3264 Detail]

Download: Illinois-2021-HB3264-House_Amendment_001.html

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Rep. Fred Crespo

Filed: 3/22/2021

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AMENDMENT TO HOUSE BILL 3264
AMENDMENT NO. ______. Amend House Bill 3264 by replacing
everything after the enacting clause with the following:
"Section 5. The Abused and Neglected Child Reporting Act
is amended by changing Section 3 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an
adult resident is abused or neglected.
"Agency" means a child care facility licensed under
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and

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includes a transitional living program that accepts children
and adult residents for placement who are in the guardianship
of the Department.
"Blatant disregard" means an incident where the real,
significant, and imminent risk of harm would be so obvious to a
reasonable parent or caretaker that it is unlikely that a
reasonable parent or caretaker would have exposed the child to
the danger without exercising precautionary measures to
protect the child from harm. With respect to a person working
at an agency in his or her professional capacity with a child
or adult resident, "blatant disregard" includes a failure by
the person to perform job responsibilities intended to protect
the child's or adult resident's health, physical well-being,
or welfare, and, when viewed in light of the surrounding
circumstances, evidence exists that would cause a reasonable
person to believe that the child was neglected. With respect
to an agency, "blatant disregard" includes a failure to
implement practices that ensure the health, physical
well-being, or welfare of the children and adult residents
residing in the facility.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,

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town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in
the Criminal Code of 2012 or in the Wrongs to Children Act,
and extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited

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from using corporal punishment, inflicts corporal
punishment upon a child or adult resident with whom the
person is working in his or her professional capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of
the Illinois Controlled Substances Act or in violation of
the Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription; or
(h) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 2012 against the child; or .
(i) commits the offense of grooming as defined in
Section 11-25 of the Criminal Code of 2012 against the
child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.

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"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is subjected to an environment which is injurious insofar
as (i) the child's environment creates a likelihood of harm to
the child's health, physical well-being, or welfare and (ii)
the likely harm to the child is the result of a blatant
disregard of parent, caretaker, or agency responsibilities; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis
intervention services under Section 3-5 of the Juvenile Court
Act of 1987 and whose parent, guardian, or custodian refuses
to permit the child to return home and no other living
arrangement agreeable to the parent, guardian, or custodian
can be made, and the parent, guardian, or custodian has not
made any other appropriate living arrangement for the child;
or who is a newborn infant whose blood, urine, or meconium
contains any amount of a controlled substance as defined in

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subsection (f) of Section 102 of the Illinois Controlled
Substances Act or a metabolite thereof, with the exception of
a controlled substance or metabolite thereof whose presence in
the newborn infant is the result of medical treatment
administered to the mother or the newborn infant. A child
shall not be considered neglected for the sole reason that the
child's parent or other person responsible for his or her
welfare has left the child in the care of an adult relative for
any period of time. A child shall not be considered neglected
for the sole reason that the child has been relinquished in
accordance with the Abandoned Newborn Infant Protection Act. A
child shall not be considered neglected or abused for the sole
reason that such child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of this Act. 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.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Near fatality" means an act that, as certified by a
physician, places the child in serious or critical condition,
including acts of great bodily harm inflicted upon children

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under 13 years of age, and as otherwise defined by Department
rule.
"Great bodily harm" includes bodily injury which creates a
high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or
other serious bodily harm.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person that is the
custodian of a child under 18 years of age who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 2012, or
any person who came to know the child through an official
capacity or position of trust, including but not limited to
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.

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"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under
Section 7.7 of this Act as an alleged victim of child abuse or
neglect and the parent or guardian of the alleged victim or
other person responsible for the alleged victim's welfare who
is named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have

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caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner
of any religious denomination accredited by the religious body
to which he or she belongs.
(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
Sec. 11-1.20. Criminal sexual assault.
(a) A person commits criminal sexual assault if that
person commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the
nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is
under 18 years of age; or
(4) is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the
victim, and the victim is at least 13 years of age but
under 18 years of age; or .
(5) the victim is a student attending classes at a
public or nonpublic secondary school and the accused held
a position of trust, authority, or supervision over the
victim in connection with an educational or

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extracurricular program or activity at the time of the
commission of the act, regardless of the location or place
of the commission of the act.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony,
except that:
(A) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1)
or (a)(2) after having previously been convicted of
the offense of criminal sexual assault or the offense
of exploitation of a child, or who is convicted of the
offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) after having previously
been convicted under the laws of this State or any
other state of an offense that is substantially
equivalent to the offense of criminal sexual assault
or to the offense of exploitation of a child, commits a
Class X felony for which the person shall be sentenced
to a term of imprisonment of not less than 30 years and
not more than 60 years, except that if the person is
under the age of 18 years at the time of the offense,
he or she shall be sentenced under Section 5-4.5-105
of the Unified Code of Corrections. The commission of
the second or subsequent offense is required to have
been after the initial conviction for this paragraph
(A) to apply.

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(B) A person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of aggravated
criminal sexual assault or the offense of predatory
criminal sexual assault of a child, or who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
previously been convicted under the laws of this State
or any other state of an offense that is substantially
equivalent to the offense of aggravated criminal
sexual assault or the offense of predatory criminal
sexual assault of a child shall be sentenced to a term
of natural life imprisonment. The commission of the
second or subsequent offense is required to have been
after the initial conviction for this paragraph (B) to
apply. An offender under the age of 18 years at the
time of the commission of the offense covered by this
subparagraph (B) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(C) A second or subsequent conviction for a
violation of paragraph (a)(3), or (a)(4), or (a)(5) or
under any similar statute of this State or any other
state for any offense involving criminal sexual
assault that is substantially equivalent to or more

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serious than the sexual assault prohibited under
paragraph (a)(3), or (a)(4), or (a)(5) is a Class X
felony.
(Source: P.A. 99-69, eff. 1-1-16.)
(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
Sec. 11-1.60. Aggravated criminal sexual abuse.
(a) A person commits aggravated criminal sexual abuse if
that person commits criminal sexual abuse and any of the
following aggravating circumstances exist (i) during the
commission of the offense or (ii) for purposes of paragraph
(7), as part of the same course of conduct as the commission of
the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon or any other object fashioned or used in
a manner that leads the victim, under the circumstances,
reasonably to believe that the object is a dangerous
weapon;
(2) the person causes bodily harm to the victim;
(3) the victim is 60 years of age or older;
(4) the victim is a person with a physical disability;
(5) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(6) the person commits the criminal sexual abuse
during the course of committing or attempting to commit
any other felony; or

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(7) the person delivers (by injection, inhalation,
ingestion, transfer of possession, or any other means) any
controlled substance to the victim for other than medical
purposes without the victim's consent or by threat or
deception.
(b) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is under 18 years of age and the person is a family member.
(c) A person commits aggravated criminal sexual abuse if:
(1) that person is 17 years of age or over and: (i)
commits an act of sexual conduct with a victim who is under
13 years of age; or (ii) commits an act of sexual conduct
with a victim who is at least 13 years of age but under 17
years of age and the person uses force or threat of force
to commit the act; or
(2) that person is under 17 years of age and: (i)
commits an act of sexual conduct with a victim who is under
9 years of age; or (ii) commits an act of sexual conduct
with a victim who is at least 9 years of age but under 17
years of age and the person uses force or threat of force
to commit the act.
(d) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual penetration or sexual
conduct with a victim who is at least 13 years of age but under
17 years of age and the person is at least 5 years older than
the victim.

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(e) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is a person with a severe or profound intellectual disability.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is at least 13 years of age but under 18 years of age and the
person is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the victim.
(f-5) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is a student attending classes at a public or nonpublic
secondary school and the accused held a position of trust,
authority, or supervision in relation to the victim in
connection with an educational or extracurricular program or
activity at the time of the commission of the act, regardless
of the location or place of the commission of the act.
(g) Sentence. Aggravated criminal sexual abuse is a Class
2 felony.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/11-25)
Sec. 11-25. Grooming.
(a) A person commits grooming when he or she knowingly
uses a computer on-line service, Internet service, local
bulletin board service, or any other device capable of
electronic data storage or transmission or performs an act in

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person, through direct communication or by conduct through a
third party, to seduce, solicit, lure, or entice, or attempt
to seduce, solicit, lure, or entice, a child, a child's
guardian, or another person believed by the person to be a
child or a child's guardian, to commit any sex offense as
defined in Section 2 of the Sex Offender Registration Act, to
distribute photographs depicting the sex organs of the child,
or to otherwise engage in any unlawful sexual conduct with a
child or with another person believed by the person to be a
child. As used in this Section, "child" means a person under 17
years of age.
(b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 100-428, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.".