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Full Text of HB3804  97th General Assembly

HB3804ham002 97TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 2/17/2012

 

 


 

 


 
09700HB3804ham002LRB097 12822 RLC 66213 a

1
AMENDMENT TO HOUSE BILL 3804

2    AMENDMENT NO. ______. Amend House Bill 3804 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by
5changing Section 31-4 and adding Section 10-10 as follows:
 
6    (720 ILCS 5/10-10 new)
7    Sec. 10-10. Failure to report the death or disappearance of
8a child under 13 years of age.
9    (a) A parent, legal guardian, or caretaker of a child under
1013 years of age commits failure to report the death or
11disappearance of a child under 13 years of age when he or she
12knows or should know and fails to report the child as missing
13or deceased to a law enforcement agency within 24 hours if the
14parent, legal guardian, or caretaker reasonably believes that
15the child is missing or deceased. In the case of a child under
16the age of 2 years, the reporting requirement is reduced to no

 

 

09700HB3804ham002- 2 -LRB097 12822 RLC 66213 a

1more than one hour.
2    (b) A parent, legal guardian, or caretaker of a child under
313 years of age must report the death of the child to the law
4enforcement agency of the county where the child's corpse was
5found if the parent, legal guardian, or caretaker reasonably
6believes that the death of the child was caused by a homicide,
7accident, or other suspicious circumstance.
8    (c) A parent, legal guardian, or caretaker does not commit
9the offense of failure to report the death or disappearance of
10a child under 13 years of age when:
11        (1) the failure to report is due to an act of God, act
12    of war, or inability of a law enforcement agency to receive
13    a report of the disappearance of a child;
14        (2) the parent, legal guardian, or caretaker calls 911
15    to report the disappearance of the child;
16        (3) the parent, legal guardian, or caretaker knows that
17    the child is under the care of another parent, family
18    member, relative, friend, or baby sitter; or
19        (4) the parent, legal guardian, or caretaker is
20    hospitalized, in a coma, or is otherwise seriously
21    physically or mentally impaired as to prevent the person
22    from reporting the death or disappearance.
23    (d) Sentence. A violation of this Section is a Class 4
24felony.
 
25    (720 ILCS 5/31-4)  (from Ch. 38, par. 31-4)

 

 

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1    Sec. 31-4. Obstructing justice.
2    (a) A person obstructs justice when, with intent to prevent
3the apprehension or obstruct the prosecution or defense of any
4person, he or she knowingly commits any of the following acts:
5        (1) (a) Destroys, alters, conceals or disguises
6    physical evidence, plants false evidence, furnishes false
7    information; or
8        (2) (b) Induces a witness having knowledge material to
9    the subject at issue to leave the State or conceal himself
10    or herself; or
11        (3) (c) Possessing knowledge material to the subject at
12    issue, he or she leaves the State or conceals himself; or
13        (4) If a parent, legal guardian, or caretaker of a
14    child under 13 years of age reports materially false
15    information to a law enforcement agency, medical examiner,
16    coroner, State's Attorney, or other governmental agency
17    during an investigation of the disappearance or death of a
18    child under circumstances described in subsection (a) or
19    (b) of Section 10-10 of this Code.
20    (b) (d) Sentence.
21        (1) Obstructing justice is a Class 4 felony, except as
22    provided in paragraph (2) of this subsection (b) (d).
23        (2) Obstructing justice in furtherance of streetgang
24    related or gang-related activity, as defined in Section 10
25    of the Illinois Streetgang Terrorism Omnibus Prevention
26    Act, is a Class 3 felony.

 

 

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1(Source: P.A. 90-363, eff. 1-1-98.)".