Bill Status of SB 2537   97th General Assembly

Short Description:  CRIM CD-DEATH-MISSING CHILD

Senate Sponsors
Sen. Ira I. Silverstein-Jacqueline Y. Collins-Larry K. Bomke and Mattie Hunter-Iris Y. Martinez

House Sponsors
(Rep. Jack D. Franks-Jerry F. Costello, II-Jehan A. Gordon-Dennis M. Reboletti-Sidney H. Mathias, Dan Brady, Linda Chapa LaVia, Carol A. Sente and Keith Farnham)


Last Action  View All Actions

DateChamber Action
  8/24/2012SenatePublic Act . . . . . . . . . 97-1079

Statutes Amended In Order of Appearance
720 ILCS 5/12-21.6-1 new

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that a parent, legal guardian, or caretaker of a child in his or her care who is 12 years of age or younger commits a Class 3 felony when he or she fails to notify a law enforcement agency in a timely manner of the child's disappearance and: (1) knows that the child is missing; and (2) knows or reasonably should know that the child is potentially in danger of death or serious injury. Provides that it is the duty of a parent, legal guardian, or caretaker of a minor child who becomes aware of the death of the minor child occurring under specified circumstances to report such death and circumstances forthwith to the county medical examiner or county coroner in the county where the parent, caretaker, or guardian believes the death of the minor child is most likely to have occurred. Provides that any such parent, legal guardian, or caretaker who knowingly fails or refuses to report such death and circumstances, who refuses to make available prior medical or other information pertinent to the death investigation, or who, without an order from the office of the county medical examiner or county coroner, willfully touches, removes, or disturbs the body, clothing, or any other thing on or near the body with the intent to alter the evidence or circumstances surrounding the death commits a Class 3 felony. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that a parent, legal guardian, or other person having physical custody or control of a child, who is 13 years of age or younger, commits failure to report the disappearance of a child when he or she fails to notify the appropriate law enforcement agency in a timely manner, no later than 24 hours, of the child's disappearance; and (1) knows that the child is missing; or (2) reasonably should know that the child is missing. Provides that failure to report the disappearance of a child is a Class 4 felony. Provides that a parent, legal guardian, or other person having physical custody or control of a child, 17 years of age or younger, commits failure to report the death of a child when he or she discovers the death of a child and knows or reasonably should know that the death of the child occurred under the following circumstances and fails to notify the appropriate law enforcement agency, in the jurisdiction where the death occurred or where the death was discovered, in a timely manner, no later than 12 hours, of that discovery: (1) a sudden or violent death, whether apparently suicidal, homicidal, or accidental; or (2) a death where the decedent was not attended by a licensed physician. Provides that failure to report the death of a child is a Class 4 felony. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/12-21.6-1 new
Adds reference to:
720 ILCS 5/10-10 new
720 ILCS 5/31-4from Ch. 38, par. 31-4

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Creates the offense of failure to report the death or disappearance of a child under 13 years of age. Provides that a parent, legal guardian, or caretaker of a child under 13 years of age commits failure to report the death or disappearance of a child under 13 years of age when he or she knows or should know and fails to report the child as missing or deceased to a law enforcement agency within 24 hours if the parent, legal guardian, or caretaker reasonably believes that the child is missing or deceased. Provides that in the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour. Provides that a parent, legal guardian, or caretaker of a child under 13 years of age must report the death of the child to the law enforcement agency of the county where the child's corpse was found if the parent, legal guardian, or caretaker reasonably believes that the death of the child was caused by a homicide, accident, or other suspicious circumstance. Provides exemptions. Provides that obstructing justice also consists of a parent, legal guardian, or caretaker of a child under 13 years of age reporting materially false information to a law enforcement agency, medical examiner, coroner, State's Attorney, or other governmental agency during an investigation of the disappearance or death of a child under circumstances described in the provisions relating to failure to report the death or disappearance of a child under 13 years of age.

House Committee Amendment No. 2
Provides that the Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in the new statute concerning failure to report the death or disappearance of a child.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Reinserts the provisions of the bill as amended by House Amendment No. 1. Provides that the Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in the new statute concerning failure to report the death or disappearance of a child.

House Floor Amendment No. 5
Adds reference to:
720 ILCS 5/12-9from Ch. 38, par. 12-9

Further amends the Criminal Code of 1961 concerning threatening a public official. Provides that for purposes of a threat to a social worker, caseworker, or investigator, the threat must contain specific facts indicative of a unique threat to the person, family or property of the individual and not a generalized threat of harm. Defines "public official" to include a social worker, caseworker, or investigator employed by the Department of Healthcare and Family Services, the Department of Human Services, or the Department of Children and Family Services.

Actions 
DateChamber Action
  11/29/2011SenateFiled with Secretary by Sen. Ira I. Silverstein
  11/29/2011SenateFirst Reading
  11/29/2011SenateReferred to Assignments
  1/24/2012SenateAssigned to Criminal Law
  2/8/2012SenateHeld in Criminal Law
  2/23/2012SenatePostponed - Criminal Law
  2/29/2012SenatePostponed - Criminal Law
  3/2/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  3/2/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/6/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/7/2012SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/7/2012SenateAdded as Chief Co-Sponsor Sen. Larry K. Bomke
  3/7/2012SenateSenate Committee Amendment No. 1 Adopted
  3/7/2012SenateDo Pass as Amended Criminal Law; 006-000-000
  3/7/2012SenatePlaced on Calendar Order of 2nd Reading March 8, 2012
  3/21/2012SenateSecond Reading
  3/21/2012SenatePlaced on Calendar Order of 3rd Reading March 22, 2012
  3/22/2012SenateThird Reading - Passed; 053-000-000
  3/22/2012HouseArrived in House
  3/22/2012HousePlaced on Calendar Order of First Reading
  3/22/2012HouseChief House Sponsor Rep. Jack D. Franks
  3/22/2012HouseFirst Reading
  3/22/2012HouseReferred to Rules Committee
  3/28/2012SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/28/2012SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  4/10/2012HouseAssigned to Judiciary II - Criminal Law Committee
  4/18/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jack D. Franks
  4/18/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/18/2012HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks
  4/18/2012HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  4/24/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  4/24/2012HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  4/24/2012HouseAdded Alternate Chief Co-Sponsor Rep. Jerry F. Costello, II
  4/24/2012HouseAdded Alternate Chief Co-Sponsor Rep. Jehan A. Gordon
  4/26/2012HouseAdded Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti
  5/3/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  5/3/2012HouseHouse Committee Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  5/3/2012HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 009-000-000
  5/3/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/4/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jack D. Franks
  5/4/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/22/2012HouseSecond Reading - Short Debate
  5/22/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  5/25/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/30/2012HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Jack D. Franks
  5/30/2012HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/31/2012HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 005-000-000
  5/31/2012HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Jack D. Franks
  5/31/2012HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  5/31/2012HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2012HouseHouse Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2012HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/31/2012HouseHouse Floor Amendment No. 4 Withdrawn by Rep. Jack D. Franks
  5/31/2012HouseHouse Floor Amendment No. 5 Adopted by Voice Vote
  5/31/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2012HouseAdded Alternate Chief Co-Sponsor Rep. Sidney H. Mathias
  5/31/2012HouseAdded Alternate Co-Sponsor Rep. Dan Brady
  5/31/2012HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/31/2012HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/31/2012HouseAdded Alternate Co-Sponsor Rep. Keith Farnham
  5/31/2012HouseThird Reading - Short Debate - Passed 118-000-000
  5/31/2012SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2, 3, 5
  5/31/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2, 3, 5 - May 31, 2012
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/31/2012SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/31/2012SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Floor Amendment No. 5 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/31/2012SenateHouse Floor Amendment No. 5 Motion to Concur Referred to Assignments
  5/31/2012SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  5/31/2012SenateHouse Committee Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
  5/31/2012SenateHouse Floor Amendment No. 3 Motion to Concur Be Approved for Consideration Assignments
  5/31/2012SenateHouse Floor Amendment No. 5 Motion to Concur Be Approved for Consideration Assignments
  5/31/2012SenateHouse Committee Amendment No. 1 Senate Concurs 038-011-000
  5/31/2012SenateHouse Committee Amendment No. 2 Senate Concurs 038-011-000
  5/31/2012SenateHouse Floor Amendment No. 3 Senate Concurs 038-011-000
  5/31/2012SenateHouse Floor Amendment No. 5 Senate Concurs 038-011-000
  5/31/2012SenatePassed Both Houses
  6/29/2012SenateSent to the Governor
  8/24/2012SenateGovernor Approved
  8/24/2012SenateEffective Date January 1, 2013
  8/24/2012SenatePublic Act . . . . . . . . . 97-1079

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