100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4422
 
Introduced , by Rep. John Cavaletto
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/10-11 new

     Amends the Criminal Code of 2012.  Provides that it is not a violation of the Kidnaping and Related Offenses Article of the Code for a caretaker to transport a child under 18 years of age to another state for medical care or treatment if the caretaker reasonably believes that: (1) the child needs emergency medical care or treatment because of injury or illness; (2) a medical provider is not located within a short distance from the child's residence in this State; and (3)  failure to transport the child to another state will risk further illness or injury to the child.  Provides that the Department of Children and Family Services may not place a child described in this provision in its custody or foster care on the basis that the child is transported to another state under circumstances described in this provision. Defines "caretaker" as a person who has the consent of the custodial parent to care for the custodial parent's child and includes, but is not limited to,  a family member, baby sitter, au pair, nanny, or person applying for guardianship or adoption of the child.
  


LRB100 15610 RLC 30705 b

 
 
A BILL FOR
 

  
HB4422LRB100 15610 RLC 30705 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by adding 
5Section 10-11 as follows:
 
6    (720 ILCS 5/10-11 new)
7    Sec. 10-11. Transporting persons under 18 years of age to 
8another  state for emergency treatment.
9    (a)  In this Section:
10        "Caretaker" means a person who has the consent of the 
11    custodial parent to care for the custodial parent's child 
12    and includes, but is not limited to,  a family member, baby 
13    sitter, au pair,  nanny, or person applying for guardianship 
14    or adoption of the child.
15        "Child" means a person under 18 years of age. 
16    (b) It is not a violation of this Article for a caretaker 
17to transport a child to another state for medical care or 
18treatment if the caretaker reasonably believes that:
19        (1) the child needs emergency medical care or treatment 
20    because of injury or illness;
21        (2) a medical provider is not located within a short 
22    distance from the child's residence in this State; and
23        (3) failure to transport the child to another state 
 
 
HB4422- 2 -LRB100 15610 RLC 30705 b

1    will risk further illness or injury to the child.
2    (c)   The Department of Children and Family Services may not 
3place a child described in this Section in its custody or 
4foster care on the basis that the child is transported to 
5another state under circumstances described in subsection (b).