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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3801 Introduced 10/5/2011, by Rep. Thomas Holbrook - Daniel V. Beiser - Jerry F. Costello, II - Rita Mayfield - Marlow H. Colvin, et al. SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/10-10 new | | 720 ILCS 5/10-11 new | |
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Amends the Criminal Code of 1961. Creates the offense of failure to report the disappearance of a child to a law enforcement agency. Provides that a person commits the offense when he or
she, as a parent, guardian, or other person having physical custody or control
of a child under 13 years of age, knowingly or recklessly fails to immediately report the child as missing to a law enforcement agency after a 24-hour period expires in which he or she failed to make contact with or otherwise verify the whereabouts and safety of that child. Provides that a person does not commit the offense of failure to report the disappearance of a child to a law enforcement agency when the failure to report is due to an act of God, act of war, or inability of a law enforcement agency to receive a report of the disappearance of a child. Provides that a violation is a Class 4 felony. Provides that a parent, guardian, or other person having physical custody or control
of a child under 18 years of age must
report: (1) the child's death to a law enforcement agency within one hour after learning about the child's death or (2) the location of the child's corpse to a law enforcement agency within one hour after learning the location of the corpse. Provides that a person does not violate this provision when he or she fails to report due to an act of God, act of war, or inability of a law enforcement agency to receive a report of a child's death or the location of a child's corpse. Provides that a violation is a Class 4 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3801 | | LRB097 12788 RLC 57284 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 1961 is amended by adding |
5 | | Sections 10-10 and 10-11 as follows: |
6 | | (720 ILCS 5/10-10 new) |
7 | | Sec. 10-10. Failure to report the disappearance of a child |
8 | | to a law enforcement agency. |
9 | | (a) A person commits the offense of failure to report the |
10 | | disappearance of a child to a law enforcement agency when he or
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11 | | she, as a parent, guardian, or other person having physical |
12 | | custody or control
of a child under 13 years of age, knowingly |
13 | | or recklessly fails to immediately report the child as missing |
14 | | to a law enforcement agency after a 24-hour period expires in |
15 | | which he or she failed to make contact with or otherwise verify |
16 | | the whereabouts and safety of that child. |
17 | | (b) A person does not commit the offense of failure to |
18 | | report the disappearance of a child to a law enforcement agency |
19 | | when the failure to report is due to an act of God, act of war, |
20 | | or inability of a law enforcement agency to receive a report of |
21 | | the disappearance of a child. |
22 | | (c) Sentence. Failure to report the disappearance of a |
23 | | child to a law enforcement agency is a Class 4 felony. |