Public Act 90-0494 of the 90th General Assembly
Public Act 90-0494
HB0379 Enrolled LRB9001797RCks
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. 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
shall have the following meanings:
(1) "Child" means a person under the age of 18 or
an institutionalized severely or profoundly mentally
retarded person at the time the alleged violation
occurred; and
(2) "Detains" means taking or retaining physical
custody of a child, whether or not the child resists or
objects; and
(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.
(b) A person commits child abduction when he or she:
(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; or
(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; or
(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. However, notwithstanding the
presumption created by paragraph (3) of subsection (a), 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; or
(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; or
(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; or
(6) Being a parent of the child, and where the
parents of such child are or have been married and there
has been no court order of custody, 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 such 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; or
(7) Being a parent of the child, and where the
parents of the child are or have been married and there
has been no court order of custody, conceals, detains, or
removes the child with physical force or threat of
physical force; or
(8) 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; or
(9) 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; or
(10) Intentionally lures or attempts to lure a
child under the age of 16 into a motor vehicle, building,
housetrailer, or dwelling place without the consent of
the parent or lawful custodian of the child for other
than a lawful purpose.
For the purposes of this subsection (b), paragraph (10),
the luring or attempted luring of a child under the age of 16
into a motor vehicle, building, housetrailer, or dwelling
place without the consent of the parent or lawful custodian
of the child shall be prima facie evidence of other than a
lawful purpose.
(c) It shall be an affirmative defense that:
(1) The person had custody of the child pursuant to
a court order granting legal custody or visitation rights
which existed at the time of the alleged violation; or
(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 such child can be contacted or made a
reasonable attempt to notify the other parent or lawful
custodian of the child of such circumstances and make
such disclosure within 24 hours after the visitation
period had expired and returned the child as soon as
possible; or
(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 16 into a motor vehicle, building,
housetrailer, or dwelling place for a lawful purpose in
prosecutions under subsection (b), paragraph (10).
(d) A person convicted of child abduction under this
Section is guilty of a Class 4 felony. 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.
It shall be a factor in aggravation for which a court may
impose a more severe sentence under Section 5-8-1 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; or
(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 such
parent or lawful custodian to discontinue criminal
prosecution of the defendant under this Section; or
(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; or
(4) that the defendant has previously been
convicted of child abduction; or
(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 such investigation. Every police report completed
pursuant to this Section shall be compiled and recorded
within the meaning of Section 5.1 of "An Act in relation to
criminal identification and investigation", approved July 2,
1931, as now or hereafter amended.
(h) Whenever a law enforcement officer has reasons to
believe a child abduction has occurred, he shall provide the
lawful custodian a summary of her or his rights under this
Act, 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, as now or hereafter amended.
(Source: P.A. 85-1440; 86-312.)
Section 5. The Sex Offender Registration Act is amended
by changing Section 2 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions. As used in this Article, the
following definitions apply:
(A) "Sex offender" means any person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal or sister state law, with a
sex offense set forth in subsection (B) of this Section
or the attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt
to commit such offense; or
(b) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(c) is found not guilty by reason of insanity
pursuant to Section 104-25(c) of the Code of
Criminal Procedure of 1963 of such offense or an
attempt to commit such offense; or
(d) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
Section 104-25(a) of the Code of Criminal Procedure
of 1963 for the alleged commission or attempted
commission of such offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal
or sister state law substantially similar to Section
104-25(c) of the Code of Criminal Procedure of 1963
of such offense or of the attempted commission of
such offense; or
(f) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to a
federal or sister state law substantially similar to
Section 104-25(a) of the Code of Criminal Procedure
of 1963 for the alleged violation or attempted
commission of such offense; or
(2) certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act,
or any substantially similar federal or sister state law,
when any conduct giving rise to such certification is
committed or attempted against a person less than 18
years of age; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same time,
shall be counted for the purpose of this Article as one
conviction. Any conviction set aside pursuant to law is not
a conviction for purposes of this Article.
(B) As used in this Section, "sex offense" means:
(1) A violation of any of the following Sections of
the Criminal Code of 1961 when the violation is a felony:
11-20.1 (child pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
12-13 (criminal sexual assault),
12-14 (aggravated criminal sexual assault),
12-14.1 (predatory criminal sexual assault of a
child),
12-15 (criminal sexual abuse),
12-16 (aggravated criminal sexual abuse),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(1.5) A felony violation of any of the following
Sections of the Criminal Code of 1961, when the victim is
a person under 18 years of age, the defendant is not a
parent of the victim, and the offense was committed on or
after January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961 when the victim was a person under 18
years of age, the defendant was at least 17 years of age at
the time of the commission of the offense, and the offense
was committed on or after June 1, 1996.
(1.7) Child abduction under paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 committed by
luring or attempting to lure a child under the age of 16 into
a motor vehicle, building, housetrailer, or dwelling place
without the consent of the parent or lawful custodian of the
child for other than a lawful purpose and the offense was
committed on or after the effective date of this amendatory
Act of 1997.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B)(1) of this Section.
(C) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to any
offense listed in subsection (B) of this Section shall
constitute a conviction for the purpose of this Article. A
finding or adjudication as a sexually dangerous person under
any federal law or law of another state that is substantially
equivalent to the Sexually Dangerous Persons Act shall
constitute an adjudication for the purposes of this Article.
(C-5) A person at least 17 years of age at the time of
the commission of the offense who is convicted of first
degree murder under Section 9-1 of the Criminal Code of 1961,
committed on or after June 1, 1996 against a person under 18
years of age, shall be required to register for a period of
10 years after conviction or adjudication if not confined to
a penal institution, hospital, or any other institution or
facility, and if confined, for a period of 10 years after
parole, discharge, or release from the facility. Liability
for registration terminates at the expiration of 10 years
from the date of conviction or adjudication if not confined
in a penal institution, hospital, or any other institution or
facility, and if confined at the expiration of 10 years from
the date of parole, discharge, or release from any facility;
provided that the child murderer does not, during that period
again become liable to register under the provisions of this
Article or the Child Sex Offender and Murderer Community
Notification Law.
(D) As used in this Article, "law enforcement agency
having jurisdiction" means the Chief of Police in the
municipality in which the sex offender expects to reside (1)
upon his or her discharge, parole or release or (2) during
the service of his or her sentence of probation or
conditional discharge, or the Sheriff of the county, in the
event no Police Chief exists or if the offender intends to
reside in an unincorporated area.
(Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
89-462, eff. 6-1-96.)