Rep. David A. Welter
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AMENDMENT TO HOUSE BILL 4607
AMENDMENT NO. ______. Amend House Bill 4607 by replacing
everything after the enacting clause with the following:
The Criminal Code of 2012 is amended by adding
Section 10-11 as follows:
(720 ILCS 5/10-11 new)
Transporting persons under 18 years of age to
another state for emergency treatment.
(a) In this Section:
"Child" means a person under 18 years of age.
"Person responsible for the child's welfare" has the
meaning ascribed to it in Section 3 of the Abused and
Neglected Child Reporting Act.
(b) A person responsible for the child's welfare may not be
criminally or civilly liable
for a violation of this Article
when the person responsible for the child's welfare transports
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a child to another state for medical care or treatment if the
person responsible for the child's welfare reasonably believes
(1) the child needs emergency medical care or treatment
because of injury or illness;
(2) the nearest healthcare facility that is capable of
rendering sufficient medical care or treatment for that
child's emergency medical condition is not in this State;
(3) failure to transport the child to another state
will risk further illness or injury to the child.
(c) The Department of Children and Family Services may not
place a child described in this Section in its custody or
foster care on the basis that the child is transported to
another state under circumstances described in subsection