Bill Text: IL HB3304 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Moves the provisions to the School Code. Changes references from "sexual abuse" to "child abuse or neglect". Defines "appropriate law enforcement agency" and "written approval". Provides that when a mandated reporter within a school has knowledge of an alleged incident of child abuse or neglect: the reporter shall call the Department of Children and Family Services hotline immediately after obtaining the minimal information necessary to make a report and no school personnel shall conduct an investigation until specified circumstances occur; and contact any Children's Advocacy Center in the county. Removes provisions relating to a Children's Advocacy Center allowing an investigating body to view digitally recorded forensic interviews. Provides that the State Board of Education shall develop and make available materials relating to notification and reporting under the provisions. Provides that the provisions apply to all schools (rather than public schools) operated under the School Code, including non-public schools. Makes conforming changes. Effective July 1, 2019.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB3304 Detail]
Download: Illinois-2019-HB3304-Introduced.html
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Children's Advocacy Center Act is amended by | |||||||||||||||||||||
5 | adding Section 4.5 as follows:
| |||||||||||||||||||||
6 | (55 ILCS 80/4.5 new) | |||||||||||||||||||||
7 | Sec. 4.5. Sexual abuse interviews at schools. | |||||||||||||||||||||
8 | (a) As used in this Section, "alleged incidents of sexual | |||||||||||||||||||||
9 | abuse" is limited to: incidents of sexual abuse which are | |||||||||||||||||||||
10 | alleged to have been perpetrated by school personnel; if the | |||||||||||||||||||||
11 | alleged sexual abuse occurs on school grounds or during a | |||||||||||||||||||||
12 | school activity; or when school personnel became aware of | |||||||||||||||||||||
13 | alleged sexual abuse of a child which occurs outside of school | |||||||||||||||||||||
14 | grounds or a school activity. | |||||||||||||||||||||
15 | (b) The General Assembly finds: | |||||||||||||||||||||
16 | (1) multiple interviews of a child regarding incidents | |||||||||||||||||||||
17 | of sexual abuse can induce significant trauma for the | |||||||||||||||||||||
18 | child; | |||||||||||||||||||||
19 | (2) it is desirable to prevent multiple interviews of a | |||||||||||||||||||||
20 | child at a school; and | |||||||||||||||||||||
21 | (3) it is important to recognize the role of CACs in | |||||||||||||||||||||
22 | conducting developmentally appropriate forensic | |||||||||||||||||||||
23 | interviews. |
| |||||||
| |||||||
1 | (c) Schools in a county with an accredited CAC shall not | ||||||
2 | proceed with interviews of a student regarding an alleged | ||||||
3 | incident of sexual abuse, regardless of whether the student is | ||||||
4 | a victim, witness, or alleged perpetrator, until the school | ||||||
5 | receives written approval from an appropriate law enforcement | ||||||
6 | agency or the Department of Children and Family Services. The | ||||||
7 | restrictions of this subsection shall apply only after school | ||||||
8 | personnel becomes aware that the incident which is being | ||||||
9 | investigated is sexual in nature. | ||||||
10 | (d) If an appropriate law enforcement agency gives written | ||||||
11 | approval to a school under subsection (b), it shall also notify | ||||||
12 | the Department of Children and Family Services of the approval. | ||||||
13 | If the Department of Children and Family Services gives written | ||||||
14 | approval to a school under subsection (b), it shall also notify | ||||||
15 | the appropriate law enforcement agency of the approval. If | ||||||
16 | either the appropriate law enforcement agency or the Department | ||||||
17 | of Children and Family Services objects to the written approval | ||||||
18 | granted to a school by the other entity, then the objecting | ||||||
19 | entity shall notify the school as soon as possible and the | ||||||
20 | school, upon receipt of the notification, shall not proceed | ||||||
21 | with an interview under subsection (c) until it receives | ||||||
22 | written approval from both the appropriate law enforcement | ||||||
23 | agency and the Department of Children and Family Services. | ||||||
24 | (e) The CAC's multidisciplinary team may grant the | ||||||
25 | investigating body of the school permission to view the | ||||||
26 | digitally recorded forensic interview for the purposes of their |
| |||||||
| |||||||
1 | internal investigation if it meets the following requirements: | ||||||
2 | (1) it serves the purpose of removing the requirement of | ||||||
3 | further interviews of the child; and (2) if consent for the | ||||||
4 | viewing is given by the child and parent or guardian. | ||||||
5 | (f) This Section applies to all public schools operated | ||||||
6 | under the School Code, including public schools located in | ||||||
7 | cities having a population of more than 500,000, a school | ||||||
8 | operated pursuant to an agreement with a public school | ||||||
9 | district, alternative schools operated by third parties, an | ||||||
10 | alternative learning opportunities program, a public school | ||||||
11 | administered by a local public agency or the Department of | ||||||
12 | Human Services, charter schools operating under the authority | ||||||
13 | of Article 27A of the School Code, and schools recognized by | ||||||
14 | the Illinois State Board of Education.
| ||||||
15 | Section 10. The School Code is amended by adding Section | ||||||
16 | 10-23.14 as follows:
| ||||||
17 | (105 ILCS 5/10-23.14 new) | ||||||
18 | Sec. 10-23.14. Sexual abuse interviews at schools. To adopt | ||||||
19 | and implement a policy addressing sexual abuse interviews at | ||||||
20 | school consistent with Section 4.5 of the Children's Advocacy | ||||||
21 | Center Act.
| ||||||
22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2019.
|