CRIMES AGAINST CHILDREN

Illinois General Assembly - Full Text of SB3510

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SB3510 - 104th General Assembly

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SB3510 Enrolled
LRB104 20564 WRO 34043 b
1

AN ACT concerning criminal law.

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
5
by changing Sections 2.5 and 4 as follows:

6

(55 ILCS 80/2.5)
7

Sec. 2.5.
Definitions.
As used in this Section:
8

"Accreditation" means the process in which certification
9
of competency, authority, or credibility is presented by
10
standards set by the National Children's Alliance to ensure
11
effective, efficient
,
and consistent delivery of services by a
12
CAC.
13

"Child maltreatment" includes any act or occurrence, as
14
defined in Section 5 of the Criminal Code of 2012, under the
15
Children and Family Services Act or the Juvenile Court Act of
16
1987 involving either a child victim or child witness.
17

"Children's Advocacy Center" or "CAC" is a child-focused,
18
trauma-informed, facility-based program in which
19
representatives from law enforcement, child protection,
20
prosecution, mental health, forensic interviewing, medical,
21
and victim advocacy disciplines collaborate to interview
22
children, meet with a child's parent or parents, caregivers,
23
and family members, and make team decisions about the

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
investigation, prosecution, safety, treatment, and support
2
services for child maltreatment cases.
3

"Children's Advocacy Centers of Illinois" or "CACI" is a
4
state chapter of the National Children's Alliance ("NCA") and
5
organizing entity for Children's Advocacy Centers in the State
6
of Illinois. It defines membership and engages member CACs in
7
the NCA accreditation process and collecting and sharing of
8
data, and provides training, leadership, and technical
9
assistance to existing and emerging CACs in the State.
10

"Electronic recording" includes a motion picture,
11
audiotape, videotape, or digital recording.
12

"Forensic interview" means an interview between a trained
13
forensic interviewer, as defined by NCA standards, and a child
14
in which the interviewer obtains information from children in
15
an unbiased and fact finding manner that is developmentally
16
appropriate and culturally sensitive to support accurate and
17
fair decision making by the multidisciplinary team in the
18
criminal justice and child protection systems. Whenever
19
practical, all parties involved in investigating reports of
20
child maltreatment shall observe the interview, which shall be
21
electronically recorded.
22

"Forensic interview transcription" means a verbatim
23
transcript of a forensic interview for the purpose of
24
translating the interview into another language.
25

"Multidisciplinary team" or "MDT" means a group of
26
professionals working collaboratively under a written

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
protocol, who represent various disciplines from the point of
2
a report of child maltreatment to assure the most effective
3
coordinated response possible for every child.
MDT members
4
shall access and share relevant information related to an
5
investigation to the extent authorized by applicable State and
6
federal privacy and confidentiality laws, so that
7
professionals involved in the investigation can coordinate
8
effectively, ensure the safety and well-being of the child,
9
and support a thorough and informed investigation while
10
protecting sensitive information.

Employees from each
11
participating entity shall be included on the MDT.
A CAC's MDT
12
must include professionals involved in the
coordination,

13
investigation
,
and prosecution of child abuse
and
14
professionals, such as victim advocates, involved in the
15
coordination of care for and treatment of victims

cases
,
16
including the CAC's staff, participating law enforcement
17
agencies, the county state's attorney,
and
the Illinois
18
Department of Children and Family Services, and
specialized
19
medical and mental health providers

must include professionals
20
involved in the delivery of services to victims of child
21
maltreatment and non-offending parent or parents, caregiver,
22
and their families
.
MDT members shall coordinate, communicate,
23
and keep non-offending parents and caregivers and their
24
families aware of the status of the investigation.

25

"National Children's Alliance" or "NCA" means the
26
professional membership organization dedicated to helping

SB3510 Enrolled
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1
local communities respond to allegations of child abuse in an
2
effective and efficient manner. NCA provides training,
3
support, technical assistance and leadership on a national
4
level to state and local CACs and communities responding to
5
reports of child maltreatment. NCA is the national
6
organization that provides the standards for CAC
7
accreditation.
8

"Protocol" means a written methodology defining the
9
responsibilities of each of the MDT members in the
10
investigation and prosecution of child maltreatment within a
11
defined jurisdiction. Written protocols are signed documents
12
and are reviewed and/or updated annually, at a minimum, by a
13
CAC's Advisory Board.
14
(Source: P.A. 101-81, eff. 7-12-19; 101-236, eff. 1-1-20
.)

15

(55 ILCS 80/4)

(from Ch. 23, par. 1804)
16

Sec. 4.
Children's Advocacy Center.
17

(a)
Children's Advocacy Centers shall

A CAC may
be
18
established to coordinate the activities of the various
19
agencies involved in the investigation, prosecution and
20
treatment of child maltreatment. The individual county or
21
regional Advisory Board shall set the written protocol of the
22
CAC within the appropriate jurisdiction. The operation of the
23
CAC may be funded through public or private grants, contracts,
24
donations, fees, and other available sources under this Act.
25
Each CAC shall operate to the best of its ability in accordance

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
with available funding. In counties in which a referendum has
2
been adopted under Section 5 of this Act, the Advisory Board,
3
by the majority vote of its members, shall submit a proposed
4
annual budget for the operation of the CAC to the county board,
5
which shall appropriate funds and levy a tax sufficient to
6
operate the CAC. The county board in each county in which a
7
referendum has been adopted shall establish a Children's
8
Advocacy Center Fund and shall deposit the net proceeds of the
9
tax authorized by Section 6 of this Act in that Fund, which
10
shall be kept separate from all other county funds and shall
11
only be used for the purposes of this Act.
12

(b) The Advisory Board shall pay from the Children's
13
Advocacy Center Fund or from other available funds the
14
salaries of all employees of the Center and the expenses of
15
acquiring a physical plant for the Center by construction or
16
lease and maintaining the Center, including the expenses of
17
administering the coordination of the investigation,
18
prosecution and treatment referral of child maltreatment under
19
the provisions of the protocol adopted pursuant to this Act.
20

(b-1) Recognizing the pivotal role of CACs in providing
21
comprehensive support to trafficked children and youth, each
22
CAC shall:
23

(1) ensure that each county's
multidisciplinary

24

multi-disciplinary
team protocol includes a response to
25

allegations of human trafficking;
26

(2) increase the capacity of each
multidisciplinary

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1

multi-disciplinary
team to identify, assess, and serve
2

trafficked children and youth;
3

(3) facilitate collaboration between the CAC, law
4

enforcement, child welfare agencies, health care
5

providers, and other pertinent stakeholders to ensure a
6

synchronized and trauma-informed response to trafficked
7

children and youth;
8

(4) ensure all CAC employees and contractors treating,
9

interviewing, or coming in contact with victims receive
10

training on victim-centered, trauma-informed response to
11

child and youth victims of human trafficking, including
12

identifying and addressing the unique needs of trafficked
13

children and youth, thereby enabling access to appropriate
14

support services and legal remedies; and
15

(5) work with the Department of Human Services to
16

establish standards for victim-centered, trauma-informed
17

training for CACs and members of
multidisciplinary

18

multi-disciplinary
teams.
19

(c) Every CAC shall include at least the following
20
components:
21

(1) A multidisciplinary, coordinated systems approach
22

to the investigation of child maltreatment
,
which shall
23

include, at a minimum:
24

(i)
a comprehensive

an
interagency notification
25

procedure
for all MDT partners
;
26

(ii) a policy on multidisciplinary team

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1

collaboration and communication that
requires
2

coordination among applicable MDT members and
3

establishes procedures for the exchange of information

4

requires MDT members share information
pertinent to
5

investigations and the safety of
the child to the
6

extent permitted under applicable state and federal
7

privacy and confidentiality laws, through secure and
8

confidential methods. The policy shall require that
9

MDT members have access to and share relevant
10

information related to an investigation to the extent
11

authorized by applicable State and federal privacy and
12

confidentiality laws, to facilitate MDT coordination,
13

support the investigative responsibilities of the
14

agencies with statutory authority, promote the safety
15

and well-being of the child, and support a thorough
16

and informed investigation while protecting sensitive
17

information

children
;
18

(iii) (blank);
19

(iv) a description of the role each agency has in
20

responding to a referral for services in an individual
21

case;
22

(v) a dispute resolution process between the
23

involved agencies when a conflict arises on how to
24

proceed on the referral of a particular case;
25

(vi) a process for the CAC to assist in the
26

forensic interview of children that witness alleged

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1

crimes;
2

(vii) a child-friendly,
trauma-informed

trauma
3

informed
space for children and their non-offending
4

family members;
5

(viii) an MDT approach including law enforcement,
6

prosecution, medical, mental health, victim advocacy,
7

the Department of Children and Family Services,

and

8

other community resources
, and, if appropriate, school
9

personnel
;
10

(ix) medical evaluation on-site or off-site
11

through referral;
12

(x) mental health services on-site or off-site
13

through referral;
14

(xi) on-site forensic interviews;
15

(xii) culturally competent services;
16

(xiii) case tracking and review;
17

(xiv) case staffing on each investigation;
18

(xv) effective organizational capacity;
and

19

(xvi) a policy or procedure to familiarize a child
20

and his or her non-offending family members or
21

guardians with the court process as well as
22

preparations for testifying in court, if necessary;
23

and
24

(xvii) participation of appropriate MDT members,
25

as relevant to the circumstances of the case;

26

(2) A safe, separate space with assigned personnel

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1

designated for the investigation and coordination of child
2

maltreatment cases;
3

(3) A multidisciplinary case review process for
4

purposes of decision-making, problem solving, systems
5

coordination, and information sharing;
6

(4) A comprehensive client tracking system to receive
7

and coordinate information concerning child maltreatment
8

cases from each participating agency;
9

(5) Multidisciplinary specialized training for all
10

professionals involved with the victims and non-offending
11

family members in child maltreatment cases; and
12

(6) A process for evaluating the effectiveness of the
13

CAC and its operations.
14

(d) In the event that a CAC has been established as
15
provided in this Section, the Advisory Board of that CAC may,
16
by a majority vote of the members, authorize the CAC to
17
coordinate the activities of the various agencies involved in
18
the investigation, prosecution, and treatment referral in
19
cases of serious or fatal injury to a child. For CACs receiving
20
funds under Section 5 or 6 of this Act, the Advisory Board
21
shall provide for the financial support of these activities in
22
a manner similar to that set out in subsections (a) and (b) of
23
this Section and shall be allowed to submit a budget that
24
includes support for physical abuse and neglect activities to
25
the County Board, which shall appropriate funds that may be
26
available under Section 5 of this Act. In cooperation with the

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
Department of Children and Family Services Child Death Review
2
Teams, the Department of Children and Family Services Office
3
of the Inspector General, and other stakeholders, this
4
protocol must be initially implemented in selected counties to
5
the extent that State appropriations or funds from other
6
sources for this purpose allow.
7

(e) CACI may also provide technical assistance and
8
guidance to the Advisory Boards.
9

(e-5) CACI shall convene an annual meeting of statewide
10
leadership from each MDT discipline to review data, discuss
11
and analyze findings, and work collaboratively to identify
12
service gaps and opportunities for process improvements. CACI
13
shall create a report that summarizes discussion at the annual
14
meeting and shall share the report with the leadership of MDT
15
partners and other agencies and publish the report on CACI's
16
website.

17

(f) In this Section:
18

"Child" or "children" refers to persons under 18 years of
19
age.
20

"Youth" means persons between the ages of 18 and 24 years.
21
(Source: P.A. 104-159, eff. 1-1-26
.)

22

Section 10.
The Criminal Code of 2012 is amended by
23
changing Section 12C-5 as follows:

24

(720 ILCS 5/12C-5)

(was 720 ILCS 5/12-21.6)

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1

Sec. 12C-5.
Endangering the life or health of a child.
2

(a) A person commits endangering the life or health of a
3
child when he or she knowingly: (1) causes or permits the life
4
or health of a child under the age of 18 to be endangered; or
5
(2) causes or permits a child to be placed in circumstances
6
that endanger the child's life or health. It is not a violation
7
of this Section for a person to relinquish a child in
8
accordance with the Abandoned Newborn Infant Protection Act.
9

(b) A trier of fact may infer that a child 6 years of age
10
or younger is unattended if that child is left in a motor
11
vehicle for more than 10 minutes.
12

(c) "Unattended" means either: (i) not accompanied by a
13
person 14 years of age or older; or (ii) if accompanied by a
14
person 14 years of age or older, out of sight of that person.
15

(d) Sentence.
Except as otherwise provided in this
16
subsection, a

A
violation of this Section is a Class A
17
misdemeanor.
A second or subsequent violation of this Section

18
A person who is convicted of a second or subsequent violation
19
of this Section is guilty of a Class 3 felony. A person who is
20
convicted of a violation of this Section after having
21
previously been convicted under the laws of any other state of
22
an offense that is substantially equivalent to the offense of
23
endangering the life or health of a child, is guilty of

is
a
24
Class 3 felony. A violation of this Section that is a proximate
25
cause of the death of the child is a Class 3 felony for which a
26
person, if sentenced to a term of imprisonment, shall be

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
sentenced to a term of not less than 2 years and not more than
2
10 years. A parent, who is found to be in violation of this
3
Section with respect to his or her child, may be sentenced to
4
probation for this offense pursuant to Section 12C-15.
5
(Source:
P.A. 97-1109, eff. 1-1-13.)

6

Section 15.
The Bill of Rights for Children is amended by
7
changing Section 3.5 as follows:

8

(725 ILCS 115/3.5)
9

Sec. 3.5.
Right to forensic interview with children's
10
advocacy center.
11

(a) In this Section:
12

"Child" means a person under 18 years of age.
13

"Youth" means a person between the ages of 18 and 24 years.

14

(b)
Every child reported to the Department of Children and
15
Family Services or law enforcement to be a victim of sexual
16
assault or sexual abuse
, trafficking in persons, involuntary
17
servitude, and related offenses,
whose case is accepted by
18
either agency for investigation has the right to have that
19
child's forensic interview conducted by a forensic interviewer
20
from a children's advocacy center accredited according to the
21
Children's Advocacy Center Act and serving the child's area or
22
jurisdiction where the incident(s) occurred, when such service
23
is accessible based on the CAC's available resources.
The
24
agency with statutory investigative authority shall notify the

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
child, in a manner that is developmentally appropriate and
2
consistent with the child's capacity to understand, of the
3
child's right to receive a forensic interview through a CAC.

4
This right may be asserted by the child or
, when appropriate
5
based on the child's developmental capacity, by
the child's
6
parent or guardian
with the child's assent. The agency may
7
also notify the child's parent or guardian of this right,
8
unless the agency determines that the notification would
9
conflict with the child's expressed wishes, would be
10
inconsistent with the child's developmental capacity, or would
11
deter the child from participating in the investigation. If
12
the agency with statutory investigating authority is a law
13
enforcement agency, then the law enforcement agency shall not
14
notify the parent or guardian of a child 13 years of age or
15
older, unless the law enforcement agency confirms that the
16
notification would not conflict with the child's expressed
17
wishes. The child may request the presence of a support person
18
when notice is given under this Section.

informing the
19
investigating personnel at the Department of Children and
20
Family Services or the law enforcement agency that the parent
21
or guardian wants the child to have the child's interview
22
conducted by the children's advocacy center.
Each local CAC
23
protocol will outline a process to address situations in which
24
it is deemed not possible for a forensic interview to occur, to
25
ensure a trauma-informed response with follow up services from
26
the CAC.

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
(Source: P.A. 102-477, eff. 1-1-22
.)

2

Section 20.
The Privacy of Child Victims of Criminal
3
Sexual Offenses Act is amended by changing Section 3 as
4
follows:

5

(725 ILCS 190/3)

(from Ch. 38, par. 1453)
6

Sec. 3.
Confidentiality of law enforcement and court
7
records.
Notwithstanding any other law to the contrary,
8
inspection and copying of law enforcement records maintained
9
by any law enforcement agency or all circuit court records
10
maintained by any circuit clerk relating to any investigation
11
or proceeding pertaining to a criminal sexual offense, by any
12
person, except a judge, state's attorney, assistant state's
13
attorney, Attorney General, Assistant Attorney General,
14
psychologist, psychiatrist, social worker, doctor,
15
non-offending
parent
or guardian
, parole agent, aftercare
16
specialist, probation officer,
multidisciplinary team member,
17
as defined in the Children's Advocacy Center Act,
defendant,
18
defendant's attorney, advocate, or victim's attorney (as
19
defined in Section 3 of the Rights of Crime Victims and
20
Witnesses Act) in any criminal proceeding or investigation
21
related thereto, shall be restricted to exclude the identity
22
of any child who is a victim of such criminal sexual offense or
23
alleged criminal sexual offense unless a court order is issued
24
authorizing the removal of such restriction as provided under

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
this Section of a particular case record or particular records
2
of cases maintained by any circuit court clerk. A court may,
3
for the child's protection and for good cause shown, prohibit
4
any person or agency present in court from further disclosing
5
the child's identity.
6

A court may prohibit such disclosure only after giving
7
notice and a hearing to all affected parties. In determining
8
whether to prohibit disclosure of the minor's identity, the
9
court shall consider:
10

(1) the best interest of the child; and
11

(2) whether such nondisclosure would further a
12

compelling State interest.
13

When a criminal sexual offense is committed or alleged to
14
have been committed by a school district employee or any
15
individual contractually employed by a school district, a copy
16
of the criminal history record information relating to the
17
investigation of the offense or alleged offense shall be
18
transmitted to the superintendent of schools of the district
19
immediately upon request or if the law enforcement agency
20
knows that a school district employee or any individual
21
contractually employed by a school district has committed or
22
is alleged to have committed a criminal sexual offense, the
23
superintendent of schools of the district shall be immediately
24
provided a copy of the criminal history record information.
25
The copy of the criminal history record information to be
26
provided under this Section shall exclude the identity of the

SB3510 Enrolled
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LRB104 20564 WRO 34043 b
1
child victim. The superintendent shall be restricted from
2
revealing the identity of the victim. Nothing in this Article
3
precludes or may be used to preclude a mandated reporter from
4
reporting child abuse or child neglect as required under the
5
Abused and Neglected Child Reporting Act.
6

For the purposes of this Act, "criminal history record
7
information" means:
8

(i) chronologically maintained arrest information,
9

such as traditional arrest logs or blotters;
10

(ii) the name of a person in the custody of a law
11

enforcement agency and the charges for which that person
12

is being held;
13

(iii) court records that are public, as defined in
14

paragraph (1) of subsection (b) of Section 5 of the Court
15

Record and Document Accessibility Act;
16

(iv) records that are otherwise available under State
17

or local law; or
18

(v) records in which the requesting party is the
19

individual identified, except as provided under part (vii)
20

of paragraph (c) of subsection (1) of Section 7 of the
21

Freedom of Information Act.
22
(Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22;
23
103-166, eff. 1-1-24
.)

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