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Public Act 097-0998


 

Public Act 0998 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0998
 
HB5265 EnrolledLRB097 18494 RLC 63725 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 changing
Section 10-5 as follows:
 
    (720 ILCS 5/10-5)  (from Ch. 38, par. 10-5)
    Sec. 10-5. Child abduction.
    (a) For purposes of this Section, the following terms have
the following meanings:
        (1) "Child" means a person who, at the time the alleged
    violation occurred, was under the age of 18 or severely or
    profoundly intellectually disabled.
        (2) "Detains" means taking or retaining physical
    custody of a child, whether or not the child resists or
    objects.
        (2.1) "Express consent" means oral or written
    permission that is positive, direct, and unequivocal,
    requiring no inference or implication to supply its
    meaning.
        (2.2) "Luring" means any knowing act to solicit,
    entice, tempt, or attempt to attract the minor.
        (3) "Lawful custodian" means a person or persons
    granted legal custody of a child or entitled to physical
    possession of a child pursuant to a court order. It is
    presumed that, when the parties have never been married to
    each other, the mother has legal custody of the child
    unless a valid court order states otherwise. If an
    adjudication of paternity has been completed and the father
    has been assigned support obligations or visitation
    rights, such a paternity order should, for the purposes of
    this Section, be considered a valid court order granting
    custody to the mother.
        (4) "Putative father" means a man who has a reasonable
    belief that he is the father of a child born of a woman who
    is not his wife.
        (5) "Unlawful purpose" means any misdemeanor or felony
    violation of State law or a similar federal or sister state
    law or local ordinance.
    (b) A person commits the offense of child abduction when he
or she does any one of the following:
        (1) Intentionally violates any terms of a valid court
    order granting sole or joint custody, care, or possession
    to another by concealing or detaining the child or removing
    the child from the jurisdiction of the court.
        (2) Intentionally violates a court order prohibiting
    the person from concealing or detaining the child or
    removing the child from the jurisdiction of the court.
        (3) Intentionally conceals, detains, or removes the
    child without the consent of the mother or lawful custodian
    of the child if the person is a putative father and either:
    (A) the paternity of the child has not been legally
    established or (B) the paternity of the child has been
    legally established but no orders relating to custody have
    been entered. Notwithstanding the presumption created by
    paragraph (3) of subsection (a), however, a mother commits
    child abduction when she intentionally conceals or removes
    a child, whom she has abandoned or relinquished custody of,
    from an unadjudicated father who has provided sole ongoing
    care and custody of the child in her absence.
        (4) Intentionally conceals or removes the child from a
    parent after filing a petition or being served with process
    in an action affecting marriage or paternity but prior to
    the issuance of a temporary or final order determining
    custody.
        (5) At the expiration of visitation rights outside the
    State, intentionally fails or refuses to return or impedes
    the return of the child to the lawful custodian in
    Illinois.
        (6) Being a parent of the child, and if the parents of
    that child are or have been married and there has been no
    court order of custody, knowingly conceals the child for 15
    days, and fails to make reasonable attempts within the
    15-day period to notify the other parent as to the specific
    whereabouts of the child, including a means by which to
    contact the child, or to arrange reasonable visitation or
    contact with the child. It is not a violation of this
    Section for a person fleeing domestic violence to take the
    child with him or her to housing provided by a domestic
    violence program.
        (7) Being a parent of the child, and if the parents of
    the child are or have been married and there has been no
    court order of custody, knowingly conceals, detains, or
    removes the child with physical force or threat of physical
    force.
        (8) Knowingly conceals, detains, or removes the child
    for payment or promise of payment at the instruction of a
    person who has no legal right to custody.
        (9) Knowingly retains in this State for 30 days a child
    removed from another state without the consent of the
    lawful custodian or in violation of a valid court order of
    custody.
        (10) Intentionally lures or attempts to lure a child:
    (A) under the age of 17 or (B) while traveling to or from a
    primary or secondary school 16 into a motor vehicle,
    building, housetrailer, or dwelling place without the
    consent of the child's parent or lawful custodian for other
    than a lawful purpose. For the purposes of this item (10),
    the trier of fact may infer that luring or attempted luring
    of a child under the age of 17 16 into a motor vehicle,
    building, housetrailer, or dwelling place without the
    express consent of the child's parent or lawful custodian
    or with the intent to avoid the express consent of the
    child's parent or lawful custodian was for other than a
    lawful purpose.
        (11) With the intent to obstruct or prevent efforts to
    locate the child victim of a child abduction, knowingly
    destroys, alters, conceals, or disguises physical evidence
    or furnishes false information.
    (c) It is an affirmative defense to subsections (b)(1)
through (b)(10) of this Section that:
        (1) the person had custody of the child pursuant to a
    court order granting legal custody or visitation rights
    that existed at the time of the alleged violation;
        (2) the person had physical custody of the child
    pursuant to a court order granting legal custody or
    visitation rights and failed to return the child as a
    result of circumstances beyond his or her control, and the
    person notified and disclosed to the other parent or legal
    custodian the specific whereabouts of the child and a means
    by which the child could be contacted or made a reasonable
    attempt to notify the other parent or lawful custodian of
    the child of those circumstances and made the disclosure
    within 24 hours after the visitation period had expired and
    returned the child as soon as possible;
        (3) the person was fleeing an incidence or pattern of
    domestic violence; or
        (4) the person lured or attempted to lure a child under
    the age of 17 16 into a motor vehicle, building,
    housetrailer, or dwelling place for a lawful purpose in
    prosecutions under paragraph (10) of subsection (b).
    (d) A person convicted of child abduction under this
Section is guilty of a Class 4 felony. A person convicted of
child abduction under subsection (b)(10) shall undergo a sex
offender evaluation prior to a sentence being imposed. A person
convicted of a second or subsequent violation of paragraph (10)
of subsection (b) of this Section is guilty of a Class 3
felony. A person convicted of child abduction under subsection
(b)(10) when the person has a prior conviction of a sex offense
as defined in the Sex Offender Registration Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign government offense is guilty
of a Class 2 felony. It is a factor in aggravation under
subsections (b)(1) through (b)(10) of this Section for which a
court may impose a more severe sentence under Section 5-8-1
(730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified
Code of Corrections if, upon sentencing, the court finds
evidence of any of the following aggravating factors:
        (1) that the defendant abused or neglected the child
    following the concealment, detention, or removal of the
    child;
        (2) that the defendant inflicted or threatened to
    inflict physical harm on a parent or lawful custodian of
    the child or on the child with intent to cause that parent
    or lawful custodian to discontinue criminal prosecution of
    the defendant under this Section;
        (3) that the defendant demanded payment in exchange for
    return of the child or demanded that he or she be relieved
    of the financial or legal obligation to support the child
    in exchange for return of the child;
        (4) that the defendant has previously been convicted of
    child abduction;
        (5) that the defendant committed the abduction while
    armed with a deadly weapon or the taking of the child
    resulted in serious bodily injury to another; or
        (6) that the defendant committed the abduction while in
    a school, regardless of the time of day or time of year; in
    a playground; on any conveyance owned, leased, or
    contracted by a school to transport students to or from
    school or a school related activity; on the real property
    of a school; or on a public way within 1,000 feet of the
    real property comprising any school or playground. For
    purposes of this paragraph (6), "playground" means a piece
    of land owned or controlled by a unit of local government
    that is designated by the unit of local government for use
    solely or primarily for children's recreation; and
    "school" means a public or private elementary or secondary
    school, community college, college, or university.
    (e) The court may order the child to be returned to the
parent or lawful custodian from whom the child was concealed,
detained, or removed. In addition to any sentence imposed, the
court may assess any reasonable expense incurred in searching
for or returning the child against any person convicted of
violating this Section.
    (f) Nothing contained in this Section shall be construed to
limit the court's contempt power.
    (g) Every law enforcement officer investigating an alleged
incident of child abduction shall make a written police report
of any bona fide allegation and the disposition of that
investigation. Every police report completed pursuant to this
Section shall be compiled and recorded within the meaning of
Section 5.1 of the Criminal Identification Act.
    (h) Whenever a law enforcement officer has reasons to
believe a child abduction has occurred, she or he shall provide
the lawful custodian a summary of her or his rights under this
Code, including the procedures and relief available to her or
him.
    (i) If during the course of an investigation under this
Section the child is found in the physical custody of the
defendant or another, the law enforcement officer shall return
the child to the parent or lawful custodian from whom the child
was concealed, detained, or removed, unless there is good cause
for the law enforcement officer or the Department of Children
and Family Services to retain temporary protective custody of
the child pursuant to the Abused and Neglected Child Reporting
Act.
(Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10;
97-160, eff. 1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)

Effective Date: 1/1/2013