HB3801 EngrossedLRB097 12788 RLC 57284 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 1961 is amended by adding
5Sections 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
8to a law enforcement agency.
9    (a) A person commits failure to report the disappearance of
10a child to a law enforcement agency when he or she, as a
11parent, guardian, or other person having physical custody or
12control of a child under 13 years of age, knowingly or
13recklessly fails to immediately report the child as missing to
14a law enforcement agency after a 48-hour period expires in
15which he or she failed to make contact with or otherwise verify
16the whereabouts and safety of that child.
17    (b) A person does not commit failure to report the
18disappearance of a child to a law enforcement agency when the
19failure to report is due to an act of God, act of war, or
20inability of a law enforcement agency to receive a report of
21the disappearance of a child.
22    (c) A person does not commit failure to report the
23disappearance of a child to a law enforcement agency when the

 

 

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1person calls 911 to report the disappearance of the child or
2knows that the child is under the care of another parent,
3family member, relative, friend, or baby sitter.
4    (d) Sentence. Failure to report the disappearance of a
5child to a law enforcement agency is a Class 4 felony.
 
6    (720 ILCS 5/10-11 new)
7    Sec. 10-11. Death of a child or location of a child's
8corpse.
9    (a) A parent, guardian, or other person having physical
10custody or control of a child under 18 years of age must
11report:
12        (1) the child's death to a law enforcement agency
13    within one hour after learning about the child's death; or
14        (2) the location of the child's corpse to a law
15    enforcement agency within one hour after learning the
16    location of the corpse.
17    (b) A person does not violate this Section when he or she
18fails to report due to an act of God, act of war, or inability
19of a law enforcement agency to receive a report of a child's
20death or the location of a child's corpse.
21    (c) A person does not violate this Section when he or she
22calls 911 to report the death of the child or if the death of
23the child occurs in a hospital or if the child's body is in the
24custody of a medical examiner or coroner, or if the death
25occurs in the care of a physician.

 

 

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1    (d) Sentence. A violation of this Section is a Class 4
2felony.