HB4607 EngrossedLRB100 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        "Person responsible for the child's welfare" has the
12    meaning ascribed to it in Section 3 of the Abused and
13    Neglected Child Reporting Act.
14    (b) A person responsible for the child's welfare may not be
15criminally liable for a violation of this Article when the
16person responsible for the child's welfare transports a child
17to another state for medical care or treatment if the person
18responsible for the child's welfare reasonably believes that:
19        (1) the child needs emergency medical care or treatment
20    because of injury or illness;
21        (2) the nearest healthcare facility that is capable of
22    rendering sufficient medical care or treatment for that
23    child's emergency medical condition is not in this State;



HB4607 Engrossed- 2 -LRB100 18764 RLC 34000 b

1    and
2        (3) failure to transport the child to another state
3    will risk further illness or injury to the child.
4    (c) The Department of Children and Family Services may not
5place a child described in this Section in its custody or
6foster care on the basis that the child is transported to
7another state under circumstances described in subsection (b).