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Full Text of HB3801  97th General Assembly

HB3801ham001 97TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 2/21/2012

 

 


 

 


 
09700HB3801ham001LRB097 12788 RLC 66243 a

1
AMENDMENT TO HOUSE BILL 3801

2    AMENDMENT NO. ______. Amend House Bill 3801 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by adding
5Sections 10-10 and 10-11 as follows:
 
6    (720 ILCS 5/10-10 new)
7    Sec. 10-10. Failure to report the disappearance of a child
8to a law enforcement agency.
9    (a) A person commits failure to report the disappearance of
10a child to a law enforcement agency when he or she, as a
11parent, guardian, or other person having physical custody or
12control of a child under 13 years of age, knowingly or
13recklessly fails to immediately report the child as missing to
14a law enforcement agency after a 48-hour period expires in
15which he or she failed to make contact with or otherwise verify
16the whereabouts and safety of that child.

 

 

09700HB3801ham001- 2 -LRB097 12788 RLC 66243 a

1    (b) A person does not commit failure to report the
2disappearance of a child to a law enforcement agency when the
3failure to report is due to an act of God, act of war, or
4inability of a law enforcement agency to receive a report of
5the disappearance of a child.
6    (c) A person does not commit failure to report the
7disappearance of a child to a law enforcement agency when the
8person calls 911 to report the disappearance of the child or
9knows that the child is under the care of another parent,
10family member, relative, friend, or baby sitter.
11    (d) Sentence. Failure to report the disappearance of a
12child to a law enforcement agency is a Class 4 felony.
 
13    (720 ILCS 5/10-11 new)
14    Sec. 10-11. Death of a child or location of a child's
15corpse.
16    (a) A parent, guardian, or other person having physical
17custody or control of a child under 18 years of age must
18report:
19        (1) the child's death to a law enforcement agency
20    within one hour after learning about the child's death; or
21        (2) the location of the child's corpse to a law
22    enforcement agency within one hour after learning the
23    location of the corpse.
24    (b) A person does not violate this Section when he or she
25fails to report due to an act of God, act of war, or inability

 

 

09700HB3801ham001- 3 -LRB097 12788 RLC 66243 a

1of a law enforcement agency to receive a report of a child's
2death or the location of a child's corpse.
3    (c) A person does not violate this Section when he or she
4calls 911 to report the death of the child or if the death of
5the child occurs in a hospital or if the child's body is in the
6custody of a medical examiner or coroner, or if the death
7occurs in the care of a physician.
8    (d) Sentence. A violation of this Section is a Class 4
9felony.".