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Illinois

325 ILCS 5/4Illinois Abused and Neglected Child Reporting Act (ANCRA) — Section 4

Clergy named as mandatory reporter?
Yes
Confessional exemption?
Yes
Statute
325 ILCS 5/4
Clergy named
Expressly
Pending

Illinois's Abused and Neglected Child Reporting Act (ANCRA) names clergy directly. Section 4 of the Act (325 ILCS 5/4) lists 'any member of the clergy' among mandated reporters required to immediately contact DCFS when they have reasonable cause to suspect child abuse or neglect. Public Act 101-564, effective 2020, reorganized and expanded that duty: broadening clergy reporting beyond sexual abuse to include physical abuse and neglect, and imposing mandatory training requirements. Failure to report is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. The carveout is in Section 4(g). That subsection provides that the privileged quality of communication between a mandated reporter and a client does not apply in child-abuse situations, and then, one clause later, states that a member of the clergy may claim the privilege under 735 ILCS 5/8-803. The statute names clergy as reporters and preserves the confessional shield in the same breath. Illinois courts have read the 8-803 privilege narrowly. People v. Campobello (2004) held that the privilege reaches only communications made in the course of the religious body's own disciplinary requirements: specifically, dictates that require a clergy member to receive confessions for the purpose of spiritual counsel or consolation. The Illinois Supreme Court applied that narrowing gloss in People v. Peterson (2017), holding that Pastor Neil Schori's testimony was not privileged because no rules of the church required him to receive the statements in confidence. The practical scope of the carveout shrinks under this reading. But the carveout itself remains, written into every iteration of the statute. The 2023 report from Illinois Attorney General Kwame Raoul documented 451 Catholic clerics who abused at least 1,997 children across all six Illinois dioceses, compared to 103 cases the dioceses had publicly acknowledged before the investigation. That gap, measured over decades when clergy were already named as mandated reporters, shows the distance between a statute's text and its institutional reach. Illinois is a state where the law was right early. UCO tracks it because the work of ensuring that law is actually followed is the work that protects children.

Section 01What needs to change

What needs to change in Illinois.

  • Section 4(g) names the reporting duty and preserves the privilege in the same provision

    Section 4(g) of 325 ILCS 5/ generally provides that the privileged quality of communication between any mandated reporter and their patient or client does not apply in child-abuse situations — and then immediately carves clergy back out: 'a member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure.' Section 8-803 protects from compelled disclosure any admission, confession, or information obtained by a clergyperson in their professional character or as a spiritual advisor in the course of the discipline enjoined by the rules or practices of the religious body. The effect is that a clergy member who learns of abuse outside that disciplinary context must report; a clergy member whose denomination's own rules require confidentiality for pastoral communications can invoke the carveout and decline to report.

    View source ↗
  • Illinois courts read 8-803 narrowly (Campobello 2004; Peterson 2017)

    In People v. Campobello, 348 Ill. App. 3d 619 (2d Dist. 2004), the Illinois Appellate Court held that 735 ILCS 5/8-803 protects only communications made pursuant to the religious body's own disciplinary requirements — specifically, dictates binding a clergy member to receive a confession for the purpose of spiritual counseling or consolation. The Illinois Supreme Court applied and confirmed this narrowing reading in People v. Peterson, 2017 IL 120331, holding that Pastor Neil Schori's testimony about Stacy Peterson's statements to him was not privileged because no rules of the church required him to receive those statements in confidence. Together, Campobello and Peterson mean the privilege does not extend to all pastoral conversations — only to those where the religious body's own discipline mandates confidentiality. The carveout is narrower in practice than its text might suggest, but it was not eliminated.

    View source ↗
  • P.A. 101-564 (2020) expanded clergy reporting to all abuse and neglect and imposed mandatory training

    Public Act 101-564 (Senate Bill 1778, effective January 1, 2020) reorganized Section 4's mandated-reporter list into ten professional categories and broadened the scope of clergy reporting beyond suspected sexual abuse to cover all suspected physical abuse and neglect. The Act also imposed an initial mandatory training requirement (within three months of engagement) and periodic refresher training for all mandated reporters, including clergy. Section 4(e), added in the same reorganization, provides that a person making a report in their capacity as a member of the clergy must notify DCFS directly, and no religious official or agent may control, restrain, modify, or otherwise change the report or its forwarding. The Section 4(g) privilege carveout was retained unchanged.

    View source ↗
  • 2023 AG report documents systemic under-reporting across all six Illinois dioceses

    Illinois Attorney General Kwame Raoul's May 2023 report on child sexual abuse by Catholic clergy substantiated allegations against 451 clerics and religious brothers who abused at least 1,997 children across the Archdiocese of Chicago and five other Illinois dioceses between 1950 and 2019. The dioceses had publicly listed only 103 substantiated abusers before the investigation began in 2018. The report's recommendations address how dioceses should handle future allegations. The findings are primary evidence that clergy were named as mandated reporters for decades under ANCRA and that systemic under-reporting persisted regardless of the statutory text.

    View source ↗
Section 02What's needed

What it takes to close the gap.

Section 03How you can help

Concrete ways to support reform in Illinois.

Donate

Donate.

Donations fund Illinois-specific research and the long work of pressing on the Section 4(g) privilege carveout state-by-state.

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Section 04Timeline

How Illinois got here.

  • 2003
    ANCRA Section 4 enacted with clergy enumerated

    Illinois amended the Abused and Neglected Child Reporting Act (P.A. 093-0137, eff. July 10, 2003) to expressly name 'any member of the clergy' among mandated reporters under Section 4. The Section 4(g) clergy-penitent privilege carveout referencing 735 ILCS 5/8-803 was included in the same amendment.

  • 2004
    Campobello narrows 8-803 privilege

    People v. Campobello, 348 Ill. App. 3d 619, holds that 735 ILCS 5/8-803 reaches only communications made pursuant to the religious body's disciplinary requirements for receiving a confession for spiritual counseling, not all pastoral conversations.

    View source ↗
  • 2017
    Peterson confirms the narrowing at the Supreme Court level

    People v. Peterson, 2017 IL 120331, applies Campobello and holds that the 8-803 privilege does not attach where the religious body's own discipline does not require the communication to be received in confidence.

    View source ↗
  • 2020
    P.A. 101-564 expands clergy reporting and adds training requirements

    Effective January 1, 2020, Public Act 101-564 broadens clergy's mandatory-reporting duty to cover all child abuse and neglect (not only sexual abuse), adds mandatory initial and refresher training, and bars religious officials from interfering with a clergy member's report. The Section 4(g) privilege carveout is retained unchanged.

    View source ↗
  • 2023-05
    AG Raoul releases 696-page Catholic clergy abuse report

    Illinois Attorney General Kwame Raoul's May 23, 2023 report documents 451 Catholic clerics who abused at least 1,997 children across all six Illinois dioceses, versus 103 cases publicly acknowledged by the dioceses before the 2018 investigation. The report's recommendations address institutional handling of future allegations.

    View source ↗
Section 05Key cases

Litigation shaping the law.

  • People v. Campobello

    348 Ill. App. 3d 619 (2d Dist. 2004)2004

    Illinois Second District Appellate Court held that the clergy-penitent privilege under 735 ILCS 5/8-803 is limited to communications made pursuant to the religious body's own disciplinary requirements — specifically, dictates binding a clergy member to receive a confession for the purpose of spiritual counseling or consolation. The ruling established the narrowing gloss on 8-803 that the Illinois Supreme Court later applied in People v. Peterson. The privilege remains available where those conditions are met, but does not extend to all pastoral communications.

    View source ↗
  • People v. Peterson

    2017 IL 1203312017

    Illinois Supreme Court affirmed the murder conviction of former Bolingbrook police officer Drew Peterson. On the clergy-privilege question, the Court applied Campobello's narrowing reading of 735 ILCS 5/8-803 and held that Pastor Neil Schori's testimony about Stacy Peterson's statements was not privileged because no rules of the church required him to receive those statements in confidence. The decision confirms at the supreme-court level that the 8-803 privilege requires the religious body's own discipline to mandate confidentiality for the context in which the communication was received.

    View source ↗
Section 06Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

  • Illinois General Assembly
    325 ILCS 5/4 — Persons required to report; privileged communications; transmitting false report

    Principal statute. Section 4 expressly names 'any member of the clergy' as a mandated reporter under ANCRA and sets the immediate-report-to-DCFS obligation. Section 4(e) bars religious officials from controlling or modifying clergy reports. Section 4(g) preserves the clergy-penitent privilege by reference to 735 ILCS 5/8-803. Reflects P.A. 101-564 (eff. 2020) expansion and P.A. 103-22 (eff. 8-8-23) amendments.

    View source ↗
  • Illinois General Assembly
    735 ILCS 5/8-803 — Clergy

    Code of Civil Procedure section incorporated by reference in Section 4(g). Protects from compelled disclosure confessions, admissions, and information obtained by a clergyperson in professional character or as a spiritual advisor in the course of the discipline enjoined by the rules or practices of the religious body. The narrowing reading from People v. Campobello and People v. Peterson applies to this text.

    View source ↗
  • Illinois Department of Children and Family Services
    Manual for Mandated Reporters (CFS 1050-21)

    DCFS operational manual implementing ANCRA. Expressly lists clergy among mandated reporters, describes the DCFS Hotline (1-800-25-ABUSE) reporting procedure, and notes that while privileged professional-client communications do not generally excuse reporting, a clergy member may claim the Section 8-803 privilege. Also covers the post-2020 mandatory training requirements imposed by P.A. 101-564.

    View source ↗
  • Child Welfare Information Gateway, U.S. HHS Children's Bureau· May 2023
    Clergy as Mandatory Reporters of Child Abuse and Neglect — Illinois

    Federal state-statute summary confirming Illinois requires clergy with reasonable cause to believe a child known to them professionally may be abused to report immediately to DCFS, and that Illinois preserves the clergy privilege under 735 ILCS 5/8-803. Authoritative secondary cross-reference for both statusBucket and privilegePosture classifications.

    View source ↗
  • Office of the Illinois Attorney General· 2023-05-23
    Attorney General Raoul Releases Report Concluding Multi-Year Investigation Into Child Sex Abuse by Members of Catholic Clergy in Illinois

    Official press release accompanying the Illinois AG's 696-page report. Documents 451 Catholic clerics who abused at least 1,997 children across all six Illinois dioceses, versus 103 publicly acknowledged before the investigation. Primary-source evidence of systemic under-reporting under ANCRA's clergy-reporting regime.

    View source ↗
  • Illinois General Assembly· 2003-07-10
    Public Act 093-0137 (HB1284, 93rd General Assembly), AN ACT in relation to children

    The act that first added clergy to ANCRA's mandated-reporter list and simultaneously included the Section 4(g) clergy-penitent privilege carveout referencing 735 ILCS 5/8-803. Effective July 10, 2003.

    View source ↗
Last reviewed May 22, 2026 · by Unheard Child Org research teamHow we track this

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