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Public Act 097-1079


 

Public Act 1079 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1079
 
SB2537 EnrolledLRB097 14538 RLC 59393 b

    AN ACT concerning criminal law, which may be referred to as
Caylee's 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
Sections 12-9 and 31-4 and adding Section 10-10 as follows:
 
    (720 ILCS 5/10-10 new)
    Sec. 10-10. Failure to report the death or disappearance of
a child under 13 years of age.
    (a) A parent, legal guardian, or caretaker of a child under
13 years of age commits failure to report the death or
disappearance of a child under 13 years of age when he or she
knows or should know and fails to report the child as missing
or deceased to a law enforcement agency within 24 hours if the
parent, legal guardian, or caretaker reasonably believes that
the child is missing or deceased. In the case of a child under
the age of 2 years, the reporting requirement is reduced to no
more than one hour.
    (b) A parent, legal guardian, or caretaker of a child under
13 years of age must report the death of the child to the law
enforcement agency of the county where the child's corpse was
found if the parent, legal guardian, or caretaker reasonably
believes that the death of the child was caused by a homicide,
accident, or other suspicious circumstance.
    (c) The Department of Children and Family Services
Guardianship Administrator shall not personally be subject to
the reporting requirements in subsection (a) or (b) of this
Section.
    (d) A parent, legal guardian, or caretaker does not commit
the offense of failure to report the death or disappearance of
a child under 13 years of age when:
        (1) 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;
        (2) the parent, legal guardian, or caretaker calls 911
    to report the disappearance of the child;
        (3) the parent, legal guardian, or caretaker knows that
    the child is under the care of another parent, family
    member, relative, friend, or baby sitter; or
        (4) the parent, legal guardian, or caretaker is
    hospitalized, in a coma, or is otherwise seriously
    physically or mentally impaired as to prevent the person
    from reporting the death or disappearance.
    (e) Sentence. A violation of this Section is a Class 4
felony.
 
    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
    Sec. 12-9. Threatening public officials.
    (a) A person commits threatening a public official when:
        (1) that person knowingly delivers or conveys,
    directly or indirectly, to a public official by any means a
    communication:
            (i) containing a threat that would place the public
        official or a member of his or her immediate family in
        reasonable apprehension of immediate or future bodily
        harm, sexual assault, confinement, or restraint; or
            (ii) containing a threat that would place the
        public official or a member of his or her immediate
        family in reasonable apprehension that damage will
        occur to property in the custody, care, or control of
        the public official or his or her immediate family; and
        (2) the threat was conveyed because of the performance
    or nonperformance of some public duty, because of hostility
    of the person making the threat toward the status or
    position of the public official, or because of any other
    factor related to the official's public existence.
    (a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of a
unique threat to the person, family or property of the officer
and not a generalized threat of harm.
    (a-6) For purposes of a threat to a social worker,
caseworker, or investigator, the threat must contain specific
facts indicative of a unique threat to the person, family or
property of the individual and not a generalized threat of
harm.
    (b) For purposes of this Section:
        (1) "Public official" means a person who is elected to
    office in accordance with a statute or who is appointed to
    an office which is established, and the qualifications and
    duties of which are prescribed, by statute, to discharge a
    public duty for the State or any of its political
    subdivisions or in the case of an elective office any
    person who has filed the required documents for nomination
    or election to such office. "Public official" includes a
    duly appointed assistant State's Attorney, assistant
    Attorney General, or Appellate Prosecutor; , and a sworn
    law enforcement or peace officer; a social worker,
    caseworker, or investigator employed by the Department of
    Healthcare and Family Services, the Department of Human
    Services, or the Department of Children and Family
    Services.
        (2) "Immediate family" means a public official's
    spouse or child or children.
    (c) Threatening a public official is a Class 3 felony for a
first offense and a Class 2 felony for a second or subsequent
offense.
(Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
    (720 ILCS 5/31-4)  (from Ch. 38, par. 31-4)
    Sec. 31-4. Obstructing justice.
    (a) A person obstructs justice when, with intent to prevent
the apprehension or obstruct the prosecution or defense of any
person, he or she knowingly commits any of the following acts:
        (1) (a) Destroys, alters, conceals or disguises
    physical evidence, plants false evidence, furnishes false
    information; or
        (2) (b) Induces a witness having knowledge material to
    the subject at issue to leave the State or conceal himself
    or herself; or
        (3) (c) Possessing knowledge material to the subject at
    issue, he or she leaves the State or conceals himself; or
        (4) If a parent, legal guardian, or caretaker of a
    child under 13 years of age reports materially false
    information to a law enforcement agency, medical examiner,
    coroner, State's Attorney, or other governmental agency
    during an investigation of the disappearance or death of a
    child under circumstances described in subsection (a) or
    (b) of Section 10-10 of this Code.
    (b) (d) Sentence.
        (1) Obstructing justice is a Class 4 felony, except as
    provided in paragraph (2) of this subsection (b) (d).
        (2) Obstructing justice in furtherance of streetgang
    related or gang-related activity, as defined in Section 10
    of the Illinois Streetgang Terrorism Omnibus Prevention
    Act, is a Class 3 felony.
(Source: P.A. 90-363, eff. 1-1-98.)

Effective Date: 1/1/2013