Bill Status of HB3801  97th General Assembly


Short Description:  CRIM CD-FAILURE REPORT CHILD

House Sponsors
Rep. Dennis M. Reboletti - Jerry F. Costello, II, Lisa M. Dugan, Keith Farnham, Fred Crespo, Sara Feigenholtz, Carol A. Sente, Naomi D. Jakobsson, Michelle Mussman, Jehan A. Gordon, Sidney H. Mathias, Patrick J. Verschoore, Robyn Gabel, Jack D. Franks, Eddie Lee Jackson, Sr., Chris Nybo, Brandon W. Phelps, Michael G. Connelly, Darlene J. Senger, Paul Evans, Patricia R. Bellock, Rosemary Mulligan and Sandy Cole

Senate Sponsors
(Sen. Kwame Raoul - John J. Millner - Pat McGuire - Jacqueline Y. Collins - Linda Holmes, Emil Jones, III, David Koehler, Donne E. Trotter and Kirk W. Dillard)

Last Action
DateChamber Action
  8/9/2012HousePublic Act . . . . . . . . . 97-0917

Statutes Amended In Order of Appearance
720 ILCS 5/10-10 new
720 ILCS 5/10-11 new


Synopsis As Introduced
Amends the Criminal Code of 1961. Creates the offense of failure to report the disappearance of a child to a law enforcement agency. 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 13 years of age, knowingly or recklessly fails to immediately report the child as missing to a law enforcement agency after a 24-hour period expires in which he or she failed to make contact with or otherwise verify the whereabouts and safety of that child. Provides that a person does not commit the offense of failure to report the disappearance of a child to a law enforcement agency when the failure to report is due to an act of God, act of war, or inability of a law enforcement agency to receive a report of the disappearance of a child. Provides that a violation is a Class 4 felony. Provides that a parent, guardian, or other person having physical custody or control of a child under 18 years of age must report: (1) the child's death to a law enforcement agency within one hour after learning about the child's death or (2) the location of the child's corpse to a law enforcement agency within one hour after learning the location of the corpse. Provides that a person does not violate this provision when he or she fails to report due to an act of God, act of war, or inability of a law enforcement agency to receive a report of a child's death or the location of a child's corpse. Provides that a violation is a Class 4 felony.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Creates the offense of failure to report the disappearance of a child to a law enforcement agency. 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 13 years of age, knowingly or recklessly fails to immediately report the child as missing to a law enforcement agency after a 48-hour period expires in which he or she failed to make contact with or otherwise verify the whereabouts and safety of that child. Provides exceptions. Provides that a violation is a Class 4 felony. Provides that a parent, guardian, or other person having physical custody or control of a child under 18 years of age must report: (1) the child's death to a law enforcement agency within one hour after learning about the child's death or (2) the location of the child's corpse to a law enforcement agency within one hour after learning the location of the corpse. Provides exceptions. Provides that a violation is a Class 4 felony.

Senate Committee Amendment No. 1
Provides that the Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in the new statutes concerning failure to report the disappearance or death of a child to a law enforcement agency.

Senate Floor Amendment No. 2
Deletes reference to:
720 ILCS 5/10-10 new
720 ILCS 5/10-11 new
Adds reference to:
720 ILCS 685/4from Ch. 23, par. 2358-4
720 ILCS 685/5from Ch. 23, par. 2358-5
730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that the offense of knowingly manufacturing or delivering heroin, or possessing heroin with intent to manufacture or deliver, is not eligible for probation, conditional discharge, or periodic imprisonment if the amount of the heroin is 3 (rather than over 5) grams or more. Amends the Tobacco Accessories and Smoking Herbs Control Act. Provides that a person shall not knowingly sell, give away, barter, exchange, or otherwise furnish to any person any wrapping paper or wrapping leaf, however characterized, including, without limitation, cigarette papers, blunt wraps, cigar wraps, or tubes of paper or leaf, or any similar device, for the purpose of making a roll of tobacco or herbs for smoking, that is or is held out to be, impregnated, scented, or imbibed with, or aged or dipped in, a characterizing flavor including, without limitation, alcoholic or liquor flavor, or both, chocolate, fruit flavoring, vanilla, peanut butter, jelly, or any combination of those flavors or similar child attractive scent or flavor. Provides that a violation is a petty offense for which the offender shall be fined an amount of not less than $100 and not more than $1,000. Effective immediately.

Senate Floor Amendment No. 3
Deletes reference to:
720 ILCS 5/10-10 new
720 ILCS 5/10-11 new
Adds reference to:
720 ILCS 685/4from Ch. 23, par. 2358-4
720 ILCS 685/5from Ch. 23, par. 2358-5
730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that the offense of knowingly manufacturing or delivering heroin, or possessing heroin with intent to manufacture or deliver, is not eligible for probation, conditional discharge, or periodic imprisonment if the amount of the heroin is 3 (rather than over 5) grams or more. Amends the Tobacco Accessories and Smoking Herbs Control Act. Provides that a person shall not knowingly sell, give away, barter, exchange, or otherwise furnish to any person any wrapping paper or wrapping leaf, however characterized, including, without limitation, cigarette papers, blunt wraps, cigar wraps, or tubes of paper or leaf, or any similar device, for the purpose of making a roll of tobacco or herbs for smoking, that is or is held out to be, impregnated, scented, or imbibed with, or aged or dipped in, a characterizing flavor, other than tobacco or menthol, including, without limitation, alcoholic or liquor flavor, or both, chocolate, fruit flavoring, vanilla, peanut butter, jelly, or any combination of those flavors or similar child attractive scent or flavor. Provides that a violation is a petty offense for which the offender shall be fined an amount of not less than $100 and not more than $1,000. Effective immediately.

Actions 
DateChamber Action
  8/4/2011HouseFiled with the Clerk by Rep. Thomas Holbrook
  8/5/2011HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  8/5/2011HouseAdded Chief Co-Sponsor Rep. Lisa M. Dugan
  8/5/2011HouseRemove Chief Co-Sponsor Rep. Rita Mayfield
  8/8/2011HouseAdded Chief Co-Sponsor Rep. Marlow H. Colvin
  8/8/2011HouseAdded Chief Co-Sponsor Rep. Keith Farnham
  8/8/2011HouseAdded Co-Sponsor Rep. Fred Crespo
  8/8/2011HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  8/8/2011HouseAdded Co-Sponsor Rep. Carol A. Sente
  8/8/2011HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  8/8/2011HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  8/8/2011HouseRemove Chief Co-Sponsor Rep. Marlow H. Colvin
  8/16/2011HouseAdded Co-Sponsor Rep. Jerry F. Costello, II
  8/16/2011HouseAdded Co-Sponsor Rep. Michelle Mussman
  8/16/2011HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  8/24/2011HouseRemove Chief Co-Sponsor Rep. Lisa M. Dugan
  8/24/2011HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  8/24/2011HouseRemove Chief Co-Sponsor Rep. Keith Farnham
  8/24/2011HouseAdded Co-Sponsor Rep. Keith Farnham
  8/24/2011HouseAdded Chief Co-Sponsor Rep. Daniel V. Beiser
  8/24/2011HouseAdded Chief Co-Sponsor Rep. Jerry F. Costello, II
  8/24/2011HouseRemoved Co-Sponsor Rep. Daniel V. Beiser
  8/24/2011HouseRemoved Co-Sponsor Rep. Jerry F. Costello, II
  10/5/2011HouseFirst Reading
  10/5/2011HouseReferred to Rules Committee
  10/6/2011HouseAssigned to Judiciary II - Criminal Law Committee
  1/12/2012HouseRule 19(b) / Re-referred to Rules Committee
  2/9/2012HouseChief Sponsor Changed to Rep. Daniel V. Beiser
  2/9/2012HouseRemove Chief Co-Sponsor Rep. Daniel V. Beiser
  2/15/2012HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  2/15/2012HouseRemove Chief Co-Sponsor Rep. Elaine Nekritz
  2/17/2012HouseAssigned to Judiciary II - Criminal Law Committee
  2/21/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Daniel V. Beiser
  2/21/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/21/2012HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/21/2012HouseRemoved Co-Sponsor Rep. Karen A. Yarbrough
  2/22/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  3/1/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/1/2012HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 008-000-000
  3/1/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/6/2012HouseSecond Reading - Short Debate
  3/6/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/7/2012HouseThird Reading - Short Debate - Passed 118-000-000
  3/7/2012HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  3/7/2012HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  3/7/2012HouseAdded Co-Sponsor Rep. Robyn Gabel
  3/7/2012HouseAdded Co-Sponsor Rep. Kimberly du Buclet
  3/7/2012HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/7/2012HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  3/7/2012HouseAdded Co-Sponsor Rep. Chris Nybo
  3/7/2012HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/7/2012HouseRemoved Co-Sponsor Rep. Kimberly du Buclet
  3/8/2012SenateArrive in Senate
  3/8/2012SenatePlaced on Calendar Order of First Reading March 21, 2012
  3/29/2012SenateChief Senate Sponsor Sen. Jeffrey M. Schoenberg
  3/29/2012SenateFirst Reading
  3/29/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Criminal Law
  4/17/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jeffrey M. Schoenberg
  4/17/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/18/2012SenateHeld in Criminal Law
  4/24/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  4/26/2012SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
  4/26/2012SenatePostponed - Criminal Law
  5/2/2012SenateSenate Committee Amendment No. 1 Adopted
  5/2/2012SenateHeld in Criminal Law
  5/4/2012SenateRule 2-10 Committee Deadline Established As May 25, 2012
  5/9/2012SenatePostponed - Criminal Law
  5/16/2012SenatePostponed - Criminal Law
  5/23/2012SenateDo Pass as Amended Criminal Law; 009-000-000
  5/23/2012SenatePlaced on Calendar Order of 2nd Reading May 24, 2012
  5/23/2012SenateAlternate Chief Sponsor Changed to Sen. Kwame Raoul
  5/23/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  5/23/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/23/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  5/24/2012SenateSecond Reading
  5/24/2012SenatePlaced on Calendar Order of 3rd Reading May 25, 2012
  5/24/2012SenateAdded as Alternate Chief Co-Sponsor Sen. John J. Millner
  5/24/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Pat McGuire
  5/24/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/24/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 009-001-004
  5/25/2012SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Kwame Raoul
  5/25/2012SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/25/2012SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. David S. Luechtefeld
  5/25/2012SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/25/2012SenateSenate Floor Amendment No. 3 Be Approved for Consideration Assignments
  5/25/2012SenateRecalled to Second Reading
  5/25/2012SenateSenate Floor Amendment No. 2 Adopted; Raoul
  5/25/2012SenateSenate Floor Amendment No. 3 Adopted; Raoul
  5/25/2012SenatePlaced on Calendar Order of 3rd Reading
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/25/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  5/25/2012SenateThird Reading - Passed; 046-001-000
  5/25/2012SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  5/25/2012HouseArrived in House
  5/25/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 3
  5/25/2012HouseChief Sponsor Changed to Rep. Dennis M. Reboletti
  5/25/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Dennis M. Reboletti; Motion #1
  5/25/2012HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Dennis M. Reboletti; Motion #1
  5/25/2012HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Dennis M. Reboletti; Motion #1
  5/25/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee; Motion #1
  5/25/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee; Motion #1
  5/25/2012HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee; Motion #1
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee; Motion #1
  5/28/2012HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee; Motion #1
  5/28/2012HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee; Motion #1
  5/28/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Dennis M. Reboletti; Motion #2
  5/28/2012HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Dennis M. Reboletti; Motion #2
  5/28/2012HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Dennis M. Reboletti; Motion #2
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee; Motion #2
  5/28/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee; Motion #2
  5/28/2012HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee; Motion #2
  5/29/2012HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee; Motion #2
  5/29/2012HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee; Motion #2
  5/29/2012HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee; Motion #2
  5/29/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 009-001-000; Motion #2
  5/29/2012HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 009-001-000; Motion #2
  5/29/2012HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 009-001-000; Motion #2
  5/31/2012HouseAdded Co-Sponsor Rep. Paul Evans
  5/31/2012HouseAdded Co-Sponsor Rep. Michael G. Connelly
  5/31/2012HouseAdded Co-Sponsor Rep. Darlene J. Senger
  5/31/2012HouseSenate Committee Amendment No. 1 House Concurs 103-008-004
  5/31/2012HouseSenate Floor Amendment No. 2 House Concurs 093-019-006
  5/31/2012HouseSenate Floor Amendment No. 3 House Concurs 061-047-009
  5/31/2012HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  5/31/2012HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  5/31/2012HouseAdded Co-Sponsor Rep. Sandy Cole
  5/31/2012HouseSenate Committee Amendment No. 1 Motion Filed to Reconsider Vote Rep. Michael G. Connelly; ; Motion to Concur
  5/31/2012HouseSenate Floor Amendment No. 2 Motion Filed to Reconsider Vote Rep. Michael G. Connelly; ; Motion to Concur
  5/31/2012HouseSenate Floor Amendment No. 3 Motion Filed to Reconsider Vote Rep. Michael G. Connelly; ; Motion to Concur
  5/31/2012HouseSenate Committee Amendment No. 1 Motion to Reconsider Vote - Withdrawn Rep. Michael G. Connelly; Motion to Concur
  5/31/2012HouseSenate Floor Amendment No. 2 Motion to Reconsider Vote - Withdrawn Rep. Michael G. Connelly; Motion to Concur
  5/31/2012HouseSenate Floor Amendment No. 3 Motion to Reconsider Vote - Withdrawn Rep. Michael G. Connelly; Motion to Concur
  5/31/2012HousePassed Both Houses
  6/29/2012HouseSent to the Governor
  8/9/2012HouseGovernor Approved
  8/9/2012HouseEffective Date August 9, 2012
  8/9/2012HousePublic Act . . . . . . . . . 97-0917