HB3801eng 97TH GENERAL ASSEMBLY

HB3801 Engrossed LRB097 12788 RLC 57284 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Sections 10-10 and 10-11 as follows:

(720 ILCS 5/10-10 new)

Sec. 10-10. Failure to report the disappearance of a child to a law enforcement agency.

(a) A person commits failure to report the disappearance of a child to a law enforcement agency 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.

(b) A person does not commit 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.

(c) A person does not commit failure to report the disappearance of a child to a law enforcement agency when the person calls 911 to report the disappearance of the child or knows that the child is under the care of another parent, family member, relative, friend, or baby sitter.

(d) Sentence. Failure to report the disappearance of a child to a law enforcement agency is a Class 4 felony.

(720 ILCS 5/10-11 new)

Sec. 10-11. Death of a child or location of a child's corpse.

(a) 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.

(b) A person does not violate this Section 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.

(c) A person does not violate this Section when he or she calls 911 to report the death of the child or if the death of the child occurs in a hospital or if the child's body is in the custody of a medical examiner or coroner, or if the death occurs in the care of a physician.

(d) Sentence. A violation of this Section is a Class 4 felony.