94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5520


 
Introduced 1/27/2006, by Rep. Aaron Schock
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/10-5
  from Ch. 38, par. 10-5







    Amends the Criminal Code of 1961.  Provides that the offense of child abduction also includes intentionally luring or attempting to lure a child under the age of 16
into an aircraft, watercraft, or isolated area without the
consent of the parent or lawful custodian of the child for other than a lawful purpose.  Effective immediately.
















LRB094 16437 RLC 51697 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5520

LRB094 16437 RLC 51697 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 10-5 as follows:
 



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    (720 ILCS 5/10-5)  (from Ch. 38, par. 10-5)



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    Sec. 10-5. Child Abduction. 

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    (a) For purposes of this Section, the following terms shall 
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have
the following meanings:


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        (1) "Child" means a person under the age of 18 or a

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    severely or profoundly mentally retarded person at the time 
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    the alleged
violation occurred; and


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        (2) "Detains" means taking or retaining physical 
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    custody of a child,
whether or not the child resists or 
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    objects; and


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        (3) "Lawful custodian" means a person or persons 
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    granted legal custody
of a child or entitled to physical 
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    possession of a child pursuant to a
court order.  It is 
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    presumed that, when the parties have never been
married to 
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    each other, the mother has legal custody of the child 
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    unless a
valid court order states otherwise.  If an 
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    adjudication of paternity has
been completed and the father 
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    has been assigned support obligations or
visitation 
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    rights, such a paternity order should, for the purposes of 
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    this
Section be considered a valid court order granting 
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    custody to the mother.

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    (b) A person commits child abduction when he or she:


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        (1) Intentionally violates any terms of a valid court 
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    order granting
sole or joint custody, care or possession to 
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    another, by concealing or
detaining the child or removing 
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    the child from the jurisdiction of the
court; or


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        (2) Intentionally violates a court order prohibiting 
 


 






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    the person from
concealing or detaining the child or 
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    removing the child
from the jurisdiction of the court; or


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        (3) Intentionally conceals, detains or removes the 
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    child without the
consent of the mother or lawful custodian 
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    of the child if the person is a
putative father and either: 
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    (A) the paternity of the child has not been
legally 
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    established or (B) the paternity of the child has been 
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    legally
established but no orders relating to custody have 
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    been entered. However,
notwithstanding the presumption 
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    created by paragraph (3) of subsection (a),
a mother 
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    commits child abduction when she intentionally conceals or 
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    removes
a child, whom she has abandoned or relinquished 
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    custody of, from an
unadjudicated father who has provided 
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    sole ongoing care and custody of the
child in her absence; 
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    or


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        (4) Intentionally conceals or removes the child from a 
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    parent after
filing a petition or being served with process 
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    in an action affecting
marriage or paternity but prior to 
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    the issuance of a temporary or final
order determining 
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    custody; or


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        (5) At the expiration of visitation rights outside the 
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    State,
intentionally fails or refuses to return or impedes 
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    the return of the child
to the lawful custodian in 
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    Illinois; or


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        (6) Being a parent of the child, and where the parents 
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    of such child
are or have been married and there has been 
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    no court order of custody,
conceals the child for 15 days, 
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    and fails to make reasonable attempts
within the 15 day 
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    period to notify the other parent as to the specific

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    whereabouts of the child, including a means by which to 
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    contact such child,
or to arrange reasonable visitation or 
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    contact with the child. It is not a
violation of this 
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    Section for a person fleeing domestic violence to take
the 
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    child with him or her to housing provided by a domestic 
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    violence program; or


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        (7) Being a parent of the child, and where the parents 
 


 






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    of the child
are or have been married and there has been no 
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    court order of
custody, conceals, detains, or removes the 
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    child with physical force or
threat of physical force; or


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        (8) Conceals, detains, or removes the child for payment 
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    or promise of
payment at the instruction of a person who 
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    has no legal right to custody; or


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        (9) Retains in this State for 30 days a child removed 
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    from another state
without the consent of the lawful 
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    custodian or in violation of a valid
court order of 
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    custody; or


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        (10) Intentionally lures or attempts to lure a child 
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    under the age of 16
into a motor vehicle, aircraft, 
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    watercraft, isolated area, building, housetrailer, or 
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    dwelling place without the
consent of the parent or lawful 
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    custodian of the child for other than a lawful purpose.

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    For the purposes of this subsection (b), paragraph (10), 
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the luring
or attempted luring of a child under the age of 16 
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into a motor vehicle,
aircraft, watercraft, isolated area,

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building, housetrailer, or dwelling place without the consent 
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of the parent
or lawful custodian of the child shall be prima 
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facie evidence of other
than a lawful purpose.

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    (c) It shall be an affirmative defense that:


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        (1) The person had custody of the child pursuant to a 
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    court order
granting legal custody or visitation rights 
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    which existed at the time of
the alleged violation; or


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        (2) The person had physical custody of the child 
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    pursuant to a court
order granting legal custody or 
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    visitation rights and failed to return the
child as a 
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    result of circumstances beyond his or her control, and the

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    person notified and disclosed to the other parent or legal 
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    custodian the
specific whereabouts of the child and a means 
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    by which such child can be
contacted or made a reasonable 
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    attempt to notify the other parent or lawful
custodian of 
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    the child of such circumstances and make such disclosure

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    within 24 hours after the visitation period had expired and 
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    returned the
child as soon as possible; or


 


 






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        (3) The person was fleeing an incidence or pattern of 
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    domestic violence; or


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        (4) The person lured or attempted to lure a child under 
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    the age of 16
into a motor vehicle, aircraft, watercraft, 
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    isolated area, building, housetrailer, or dwelling place 
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    for a
lawful purpose in prosecutions under subsection (b), 
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    paragraph (10).

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    (d) A person convicted of child abduction under this 
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Section is guilty of
a Class 4 felony.  A person convicted of a 
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second or subsequent violation of
paragraph (10) of subsection 
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(b) of this Section is guilty of a Class 3
felony.  It shall be a 
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factor in aggravation for which a court
may impose a more 
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severe sentence under Section 5-8-1 of the Unified Code
of 
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Corrections, if upon sentencing the court finds evidence of any 
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of the
following aggravating factors:


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        (1) that the defendant abused or neglected the child 
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    following the
concealment, detention or removal of the 
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    child; or


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        (2) that the defendant inflicted or threatened to 
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    inflict physical harm
on a parent or lawful custodian of 
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    the child or on the child with intent to
cause such parent 
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    or lawful custodian to discontinue criminal prosecution
of 
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    the defendant under this Section; or


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        (3) that the defendant demanded payment in exchange for 
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    return of the
child or demanded that he or she be relieved 
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    of the financial or legal
obligation to support the child 
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    in exchange for return of the child; or


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        (4) that the defendant has previously been convicted of 
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    child abduction;
or


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        (5) that the defendant committed the abduction while 
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    armed with a deadly
weapon or the taking of the child 
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    resulted in serious bodily injury to
another; or


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        (6) that the defendant committed the abduction while in 
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    a school,
regardless of the time of day or time of year; in 
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    a playground; on any
conveyance owned,
leased, or 
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    contracted by a school to transport students to or from 
 


 






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    school or a
school related activity; on the real property 
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    of a school;
or on a
public way within 1,000 feet of the 
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    real property comprising any school or
playground.  For 
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    purposes of this paragraph (6), "playground" means a piece

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    of land owned or controlled by a unit of local government 
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    that is designated by
the unit of local government for use 
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    solely or primarily for children's
recreation;
and 
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    "school" means a public or private
elementary or secondary 
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    school, community college, college, or university.

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    (e) The court may order the child to be returned to the 
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parent or lawful
custodian from whom the child was concealed, 
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detained or removed.  In
addition to any sentence imposed, the 
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court may assess any reasonable
expense incurred in searching 
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for or returning the child against any
person convicted of 
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violating this Section.

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    (f) Nothing contained in this Section shall be construed to 
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limit the
court's contempt power.

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    (g) Every law enforcement officer investigating an alleged 
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incident of
child abduction shall make a written police report 
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of any bona fide
allegation and the disposition of such 
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investigation.  Every police report
completed pursuant to this 
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Section shall be compiled and recorded within
the meaning of 
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Section 5.1 of "An Act in relation to criminal
identification 
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and investigation", approved July 2, 1931, as now or hereafter

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amended.

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    (h) Whenever a law enforcement officer has reasons to 
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believe a child
abduction has occurred, he shall provide the 
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lawful custodian a summary of
her or his rights under this Act, 
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including the procedures and relief
available to her or him.

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    (i) If during the course of an investigation under this

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Section the child is found in the physical custody of the 
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defendant or
another, the law enforcement officer shall return 
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the child to the parent
or lawful custodian from whom the child 
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was concealed, detained or removed,
unless there is good cause 
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for the law enforcement officer or the
Department of Children 
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and Family Services to retain temporary protective
custody of 
 


 






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the child pursuant to the Abused and Neglected Child Reporting

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Act, as now or hereafter amended.

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(Source: P.A. 92-434, eff. 1-1-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.