SB3432 97TH GENERAL ASSEMBLY

LRB097 13554 RLC 58078 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3432

Introduced 2/7/2012, by Sen. Larry K. Bomke

SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-3.6 new
720 ILCS 5/12-21.6-1 new

Amends the Criminal Code of 1961. Creates the offense of failure to report the death of a child. 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 18 years of age, discovers the death of the child and reasonably believes or should have reasonably believed that the death of the child occurred as a result of violence or trauma, whether apparently homicidal, suicidal, or accidental, and fails to report the death of the child to the appropriate law enforcement agency within 12 hours of such discovery. Provides that a violation is a Class 4 felony. Creates the offense of failure to report a missing child. Provides that a person commit the offense when he or she, as parent, guardian, or other person having physical custody or control of a child 13 years of age or younger knew or should have known that the child was a missing child and fails to report the child to the appropriate law enforcement agency as a missing child within 24 hours from when the parent, guardian, or other person knew or should have known that the child was a missing child. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense. Establishes an affirmative defense for each offense. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law, which may be referred to as Caylee's Law.

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

Section 5. The Criminal Code of 1961 is amended by adding Sections 9-3.6 and 12-21.6-1 as follows:

(720 ILCS 5/9-3.6 new)

Sec. 9-3.6. Failure to report the death of a child.

(a) A person commits the offense of failure to report the death of a child when he or she, as a parent, guardian, or other person having physical custody or control of a child under 18 years of age, discovers the death of the child and reasonably believes or should have reasonably believed that the death of the child occurred as a result of violence or trauma, whether apparently homicidal, suicidal, or accidental, and fails to report the death of the child to the appropriate law enforcement agency within 12 hours of such discovery.

(b) Affirmative defense. It is an affirmative defense to a charge under this Section that:

(1) the person charged had a reasonable belief that the child's death was reported to the appropriate law enforcement agency;

(2) a physician certified the child's death; or

(3) an investigation by a law enforcement agency, coroner, or the Department of Children and Family Services has already commenced within 12 hours of the discovery of the child's death.

(c) Sentence. Failure to report the death of a child is a Class 4 felony.

(720 ILCS 5/12-21.6-1 new)

Sec. 12-21.6-1. Failure to report a missing child.

(a) For the purposes of this Section, "missing child" means a person 13 years of age or younger whose whereabouts are not known.

(b) A person commits the offense of failure to report a missing child when he or she, as parent, guardian, or other person having physical custody or control of the child knew or should have known that the child was a missing child and fails to report the child to the appropriate law enforcement agency as a missing child within 24 hours from when the parent, guardian, or other person knew or should have known that the child was a missing child.

(c) Affirmative defense. It is an affirmative defense to a charge under this Section that the person charged had a reasonable belief that a missing person report involving the missing child was made to the appropriate law enforcement agency.

(d) Sentence. Failure to report a missing child is a Class 4 felony. A second or subsequent offense is a Class 3 felony.

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