Rep. Jack D. Franks

Filed: 5/4/2012

 

 


 

 


 
09700SB2537ham003LRB097 14538 RLC 69229 a

1
AMENDMENT TO SENATE BILL 2537

2    AMENDMENT NO. ______. Amend Senate Bill 2537, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Code of 1961 is amended by
6changing Section 31-4 and adding Section 10-10 as follows:
 
7    (720 ILCS 5/10-10 new)
8    Sec. 10-10. Failure to report the death or disappearance of
9a child under 13 years of age.
10    (a) A parent, legal guardian, or caretaker of a child under
1113 years of age commits failure to report the death or
12disappearance of a child under 13 years of age when he or she
13knows or should know and fails to report the child as missing
14or deceased to a law enforcement agency within 24 hours if the
15parent, legal guardian, or caretaker reasonably believes that
16the child is missing or deceased. In the case of a child under

 

 

09700SB2537ham003- 2 -LRB097 14538 RLC 69229 a

1the age of 2 years, the reporting requirement is reduced to no
2more than one hour.
3    (b) A parent, legal guardian, or caretaker of a child under
413 years of age must report the death of the child to the law
5enforcement agency of the county where the child's corpse was
6found if the parent, legal guardian, or caretaker reasonably
7believes that the death of the child was caused by a homicide,
8accident, or other suspicious circumstance.
9    (c) The Department of Children and Family Services
10Guardianship Administrator shall not personally be subject to
11the reporting requirements in subsection (a) or (b) of this
12Section.
13    (d) A parent, legal guardian, or caretaker does not commit
14the offense of failure to report the death or disappearance of
15a child under 13 years of age when:
16        (1) the failure to report is due to an act of God, act
17    of war, or inability of a law enforcement agency to receive
18    a report of the disappearance of a child;
19        (2) the parent, legal guardian, or caretaker calls 911
20    to report the disappearance of the child;
21        (3) the parent, legal guardian, or caretaker knows that
22    the child is under the care of another parent, family
23    member, relative, friend, or baby sitter; or
24        (4) the parent, legal guardian, or caretaker is
25    hospitalized, in a coma, or is otherwise seriously
26    physically or mentally impaired as to prevent the person

 

 

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1    from reporting the death or disappearance.
2    (e) Sentence. A violation of this Section is a Class 4
3felony.
 
4    (720 ILCS 5/31-4)  (from Ch. 38, par. 31-4)
5    Sec. 31-4. Obstructing justice.
6    (a) A person obstructs justice when, with intent to prevent
7the apprehension or obstruct the prosecution or defense of any
8person, he or she knowingly commits any of the following acts:
9        (1) (a) Destroys, alters, conceals or disguises
10    physical evidence, plants false evidence, furnishes false
11    information; or
12        (2) (b) Induces a witness having knowledge material to
13    the subject at issue to leave the State or conceal himself
14    or herself; or
15        (3) (c) Possessing knowledge material to the subject at
16    issue, he or she leaves the State or conceals himself; or
17        (4) If a parent, legal guardian, or caretaker of a
18    child under 13 years of age reports materially false
19    information to a law enforcement agency, medical examiner,
20    coroner, State's Attorney, or other governmental agency
21    during an investigation of the disappearance or death of a
22    child under circumstances described in subsection (a) or
23    (b) of Section 10-10 of this Code.
24    (b) (d) Sentence.
25        (1) Obstructing justice is a Class 4 felony, except as

 

 

09700SB2537ham003- 4 -LRB097 14538 RLC 69229 a

1    provided in paragraph (2) of this subsection (b) (d).
2        (2) Obstructing justice in furtherance of streetgang
3    related or gang-related activity, as defined in Section 10
4    of the Illinois Streetgang Terrorism Omnibus Prevention
5    Act, is a Class 3 felony.
6(Source: P.A. 90-363, eff. 1-1-98.)".