Illinois General Assembly

Previous General Assemblies

Full Text of HB5265  97th General Assembly

HB5265enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB5265 EnrolledLRB097 18494 RLC 63725 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 1961 is amended by changing
5Section 10-5 as follows:
 
6    (720 ILCS 5/10-5)  (from Ch. 38, par. 10-5)
7    Sec. 10-5. Child abduction.
8    (a) For purposes of this Section, the following terms have
9the following meanings:
10        (1) "Child" means a person who, at the time the alleged
11    violation occurred, was under the age of 18 or severely or
12    profoundly intellectually disabled.
13        (2) "Detains" means taking or retaining physical
14    custody of a child, whether or not the child resists or
15    objects.
16        (2.1) "Express consent" means oral or written
17    permission that is positive, direct, and unequivocal,
18    requiring no inference or implication to supply its
19    meaning.
20        (2.2) "Luring" means any knowing act to solicit,
21    entice, tempt, or attempt to attract the minor.
22        (3) "Lawful custodian" means a person or persons
23    granted legal custody of a child or entitled to physical

 

 

HB5265 Enrolled- 2 -LRB097 18494 RLC 63725 b

1    possession of a child pursuant to a court order. It is
2    presumed that, when the parties have never been married to
3    each other, the mother has legal custody of the child
4    unless a valid court order states otherwise. If an
5    adjudication of paternity has been completed and the father
6    has been assigned support obligations or visitation
7    rights, such a paternity order should, for the purposes of
8    this Section, be considered a valid court order granting
9    custody to the mother.
10        (4) "Putative father" means a man who has a reasonable
11    belief that he is the father of a child born of a woman who
12    is not his wife.
13        (5) "Unlawful purpose" means any misdemeanor or felony
14    violation of State law or a similar federal or sister state
15    law or local ordinance.
16    (b) A person commits the offense of child abduction when he
17or she does any one of the following:
18        (1) Intentionally violates any terms of a valid court
19    order granting sole or joint custody, care, or possession
20    to another by concealing or detaining the child or removing
21    the child from the jurisdiction of the court.
22        (2) Intentionally violates a court order prohibiting
23    the person from concealing or detaining the child or
24    removing the child from the jurisdiction of the court.
25        (3) Intentionally conceals, detains, or removes the
26    child without the consent of the mother or lawful custodian

 

 

HB5265 Enrolled- 3 -LRB097 18494 RLC 63725 b

1    of the child if the person is a putative father and either:
2    (A) the paternity of the child has not been legally
3    established or (B) the paternity of the child has been
4    legally established but no orders relating to custody have
5    been entered. Notwithstanding the presumption created by
6    paragraph (3) of subsection (a), however, a mother commits
7    child abduction when she intentionally conceals or removes
8    a child, whom she has abandoned or relinquished custody of,
9    from an unadjudicated father who has provided sole ongoing
10    care and custody of the child in her absence.
11        (4) Intentionally conceals or removes the child from a
12    parent after filing a petition or being served with process
13    in an action affecting marriage or paternity but prior to
14    the issuance of a temporary or final order determining
15    custody.
16        (5) At the expiration of visitation rights outside the
17    State, intentionally fails or refuses to return or impedes
18    the return of the child to the lawful custodian in
19    Illinois.
20        (6) Being a parent of the child, and if the parents of
21    that child are or have been married and there has been no
22    court order of custody, knowingly conceals the child for 15
23    days, and fails to make reasonable attempts within the
24    15-day period to notify the other parent as to the specific
25    whereabouts of the child, including a means by which to
26    contact the child, or to arrange reasonable visitation or

 

 

HB5265 Enrolled- 4 -LRB097 18494 RLC 63725 b

1    contact with the child. It is not a violation of this
2    Section for a person fleeing domestic violence to take the
3    child with him or her to housing provided by a domestic
4    violence program.
5        (7) Being a parent of the child, and if the parents of
6    the child are or have been married and there has been no
7    court order of custody, knowingly conceals, detains, or
8    removes the child with physical force or threat of physical
9    force.
10        (8) Knowingly conceals, detains, or removes the child
11    for payment or promise of payment at the instruction of a
12    person who has no legal right to custody.
13        (9) Knowingly retains in this State for 30 days a child
14    removed from another state without the consent of the
15    lawful custodian or in violation of a valid court order of
16    custody.
17        (10) Intentionally lures or attempts to lure a child:
18    (A) under the age of 17 or (B) while traveling to or from a
19    primary or secondary school 16 into a motor vehicle,
20    building, housetrailer, or dwelling place without the
21    consent of the child's parent or lawful custodian for other
22    than a lawful purpose. For the purposes of this item (10),
23    the trier of fact may infer that luring or attempted luring
24    of a child under the age of 17 16 into a motor vehicle,
25    building, housetrailer, or dwelling place without the
26    express consent of the child's parent or lawful custodian

 

 

HB5265 Enrolled- 5 -LRB097 18494 RLC 63725 b

1    or with the intent to avoid the express consent of the
2    child's parent or lawful custodian was for other than a
3    lawful purpose.
4        (11) With the intent to obstruct or prevent efforts to
5    locate the child victim of a child abduction, knowingly
6    destroys, alters, conceals, or disguises physical evidence
7    or furnishes false information.
8    (c) It is an affirmative defense to subsections (b)(1)
9through (b)(10) of this Section that:
10        (1) the person had custody of the child pursuant to a
11    court order granting legal custody or visitation rights
12    that existed at the time of the alleged violation;
13        (2) the person had physical custody of the child
14    pursuant to a court order granting legal custody or
15    visitation rights and failed to return the child as a
16    result of circumstances beyond his or her control, and the
17    person notified and disclosed to the other parent or legal
18    custodian the specific whereabouts of the child and a means
19    by which the child could be contacted or made a reasonable
20    attempt to notify the other parent or lawful custodian of
21    the child of those circumstances and made the disclosure
22    within 24 hours after the visitation period had expired and
23    returned the child as soon as possible;
24        (3) the person was fleeing an incidence or pattern of
25    domestic violence; or
26        (4) the person lured or attempted to lure a child under

 

 

HB5265 Enrolled- 6 -LRB097 18494 RLC 63725 b

1    the age of 17 16 into a motor vehicle, building,
2    housetrailer, or dwelling place for a lawful purpose in
3    prosecutions under paragraph (10) of subsection (b).
4    (d) A person convicted of child abduction under this
5Section is guilty of a Class 4 felony. A person convicted of
6child abduction under subsection (b)(10) shall undergo a sex
7offender evaluation prior to a sentence being imposed. A person
8convicted of a second or subsequent violation of paragraph (10)
9of subsection (b) of this Section is guilty of a Class 3
10felony. A person convicted of child abduction under subsection
11(b)(10) when the person has a prior conviction of a sex offense
12as defined in the Sex Offender Registration Act or any
13substantially similar federal, Uniform Code of Military
14Justice, sister state, or foreign government offense is guilty
15of a Class 2 felony. It is a factor in aggravation under
16subsections (b)(1) through (b)(10) of this Section for which a
17court may impose a more severe sentence under Section 5-8-1
18(730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified
19Code of Corrections if, upon sentencing, the court finds
20evidence of any of the following aggravating factors:
21        (1) that the defendant abused or neglected the child
22    following the concealment, detention, or removal of the
23    child;
24        (2) that the defendant inflicted or threatened to
25    inflict physical harm on a parent or lawful custodian of
26    the child or on the child with intent to cause that parent

 

 

HB5265 Enrolled- 7 -LRB097 18494 RLC 63725 b

1    or lawful custodian to discontinue criminal prosecution of
2    the defendant under this Section;
3        (3) that the defendant demanded payment in exchange for
4    return of the child or demanded that he or she be relieved
5    of the financial or legal obligation to support the child
6    in exchange for return of the child;
7        (4) that the defendant has previously been convicted of
8    child abduction;
9        (5) that the defendant committed the abduction while
10    armed with a deadly weapon or the taking of the child
11    resulted in serious bodily injury to another; or
12        (6) that the defendant committed the abduction while in
13    a school, regardless of the time of day or time of year; in
14    a playground; on any conveyance owned, leased, or
15    contracted by a school to transport students to or from
16    school or a school related activity; on the real property
17    of a school; or on a public way within 1,000 feet of the
18    real property comprising any school or playground. For
19    purposes of this paragraph (6), "playground" means a piece
20    of land owned or controlled by a unit of local government
21    that is designated by the unit of local government for use
22    solely or primarily for children's recreation; and
23    "school" means a public or private elementary or secondary
24    school, community college, college, or university.
25    (e) The court may order the child to be returned to the
26parent or lawful custodian from whom the child was concealed,

 

 

HB5265 Enrolled- 8 -LRB097 18494 RLC 63725 b

1detained, or removed. In addition to any sentence imposed, the
2court may assess any reasonable expense incurred in searching
3for or returning the child against any person convicted of
4violating this Section.
5    (f) Nothing contained in this Section shall be construed to
6limit the court's contempt power.
7    (g) Every law enforcement officer investigating an alleged
8incident of child abduction shall make a written police report
9of any bona fide allegation and the disposition of that
10investigation. Every police report completed pursuant to this
11Section shall be compiled and recorded within the meaning of
12Section 5.1 of the Criminal Identification Act.
13    (h) Whenever a law enforcement officer has reasons to
14believe a child abduction has occurred, she or he shall provide
15the lawful custodian a summary of her or his rights under this
16Code, including the procedures and relief available to her or
17him.
18    (i) If during the course of an investigation under this
19Section the child is found in the physical custody of the
20defendant or another, the law enforcement officer shall return
21the child to the parent or lawful custodian from whom the child
22was concealed, detained, or removed, unless there is good cause
23for the law enforcement officer or the Department of Children
24and Family Services to retain temporary protective custody of
25the child pursuant to the Abused and Neglected Child Reporting
26Act.

 

 

HB5265 Enrolled- 9 -LRB097 18494 RLC 63725 b

1(Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10;
297-160, eff. 1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)