Full Text of HB6889 93rd General Assembly
HB6889 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6889
Introduced 02/09/04, by John J. Millner SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/4.02 |
from Ch. 23, par. 2054.02 |
720 ILCS 5/8-2 |
from Ch. 38, par. 8-2 |
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Amends the Abused and Neglected Child Reporting Act and the Criminal Code of 1961 to provide that a person convicted of conspiracy to violate the Abused and Neglected Child Reporting Act is guilty of a Class 4 felony. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6889 |
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LRB093 18250 AMC 43950 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Section 4.02 as follows:
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| (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)
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| Sec. 4.02. Any physician who willfully fails to report | 8 |
| suspected child
abuse or neglect as required by this Act shall | 9 |
| be referred to the Illinois
State Medical Disciplinary Board | 10 |
| for action in accordance with paragraph 22
of Section 22 of the | 11 |
| Medical Practice Act of 1987.
Any dentist or dental hygienist | 12 |
| who willfully fails to report suspected child
abuse or neglect | 13 |
| as
required by
this Act shall be referred to the Department of | 14 |
| Professional Regulation for
action in
accordance with | 15 |
| paragraph 19 of Section 23 of the Illinois Dental Practice
Act.
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| Any other person
required by this Act to report suspected child | 17 |
| abuse and neglect who
willfully fails to report such is guilty | 18 |
| of a Class A
misdemeanor for a first violation and a Class 4 | 19 |
| felony for a second or
subsequent violation. A person convicted | 20 |
| of conspiracy to violate this Act is guilty of a Class 4 | 21 |
| felony.
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| (Source: P.A. 91-197, eff. 1-1-00; 92-801, eff. 8-16-02.)
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| Section 10. The Criminal Code of 1961 is amended by | 24 |
| changing Section 8-2 as follows:
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| (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
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| Sec. 8-2. Conspiracy. (a) Elements of the offense.
A person | 27 |
| commits conspiracy when, with intent that an offense be
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| committed, he agrees with another to the commission of that | 29 |
| offense. No
person may be convicted of conspiracy to commit an | 30 |
| offense unless an act in
furtherance of such agreement is |
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HB6889 |
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LRB093 18250 AMC 43950 b |
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| alleged and proved to have been committed
by him or by a | 2 |
| co-conspirator.
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| (b) Co-conspirators.
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| It shall not be a defense to conspiracy that the person or | 5 |
| persons with
whom the accused is alleged to have conspired:
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| (1) Has not been prosecuted or convicted, or
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| (2) Has been convicted of a different offense, or
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| (3) Is not amenable to justice, or
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| (4) Has been acquitted, or
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| (5) Lacked the capacity to commit an offense.
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| (c) Sentence.
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| A person convicted of conspiracy may be fined or imprisoned | 13 |
| or both not
to exceed the maximum provided for the offense | 14 |
| which is the object of the
conspiracy, except that if the | 15 |
| object is an offense prohibited by Sections
11-15, 11-16, | 16 |
| 11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4
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| of the "Criminal Code of 1961", approved July 28, 1961, as | 18 |
| amended, or
prohibited by Sections 404 or 406 (b) of the | 19 |
| "Illinois
Controlled Substances Act", enacted by the 77th | 20 |
| General Assembly, or an
inchoate offense related to any of the | 21 |
| aforesaid principal offenses, the
person convicted may be | 22 |
| sentenced for a Class 3 felony however, conspiracy
to commit | 23 |
| treason, first degree murder, or aggravated kidnapping shall
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| not be sentenced
in excess of a Class 2 felony, and conspiracy | 25 |
| to commit any offense other
than those specified in this | 26 |
| subsection, and other than those set forth
in Sections 401, | 27 |
| 402, or 407 of the Illinois Controlled Substances Act,
shall | 28 |
| not be sentenced in excess of
a Class 4 felony. A person | 29 |
| convicted of conspiracy to violate the Abused and Neglected | 30 |
| Child Reporting Act is guilty of a Class 4 felony.
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| (Source: P.A. 86-809.)
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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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