100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4607
 
Introduced , by Rep. John Cavaletto
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/10-11 new

     Amends the Criminal Code of 2012.  Provides that a grandparent may not be  criminally or civilly liable for  a violation of the Kidnaping and Related  Offenses Article of the Code when the grandparent transports a child to another state for medical care or treatment if the grandparent reasonably believes that: (1) the child needs emergency medical care or treatment because of injury or illness; (2) a medical provider is not located within a short distance from the child's residence in this State; and (3)  failure to transport the child to another state will risk further illness or injury to the child.  Provides that the Department of Children and Family Services may not place a child described in this provision in its custody or foster care on the basis that the child is transported to another state under circumstances described in this provision. 
  


LRB100 18764 RLC 34000 b

 
 
A BILL FOR
 

  
HB4607LRB100 18764 RLC 34000 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 2012 is amended  by adding 
5Section 10-11 as follows:
 
6    (720 ILCS 5/10-11 new)
7    Sec. 10-11. Transporting persons under 18 years of age to 
8another  state for emergency treatment.
9    (a)  In this Section:
10        "Child" means a person under 18 years of age. 
11        "Grandparent" means the biological grandparent of the 
12    child or a step-grandparent of the child. 
13    (b) A grandparent may not be  criminally or civilly liable 
14for  a violation of this Article when the grandparent transports 
15a child to another state for medical care or treatment if the 
16grandparent reasonably believes that:
17        (1) the child needs emergency medical care or treatment 
18    because of injury or illness;
19        (2) a medical provider is not located within a short 
20    distance from the child's residence in this State; and
21        (3) failure to transport the child to another state 
22    will risk further illness or injury to the child.
23    (c)   The Department of Children and Family Services may not 
 
 
HB4607- 2 -LRB100 18764 RLC 34000 b

1place a child described in this Section in its custody or 
2foster care on the basis that the child is transported to 
3another state under circumstances described in subsection (b).