Illinois General Assembly - Bill Status for HB3804

Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a parent, legal guardian, or caretaker of a child under 13 years of age to knowingly or recklessly fail to report the child as missing to a law enforcement agency in a timely manner if the parent, legal guardian, or caretaker reasonably should have known that the child is in danger. Provides that a parent, legal guardian, or caretaker of a child under 13 years of age must report the death of the child to the medical examiner or coroner 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. Provides that it is a Class 4 felony for a parent, legal guardian, or caretaker of a child under 13 years of age to report 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 such child.

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Creates the offense of failure to report the death or disappearance of a child under 13 years of age. Provides that 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. Provides that in the case of a child under the age of 2 years, the reporting requirement is reduced to no more than one hour. Provides that 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. Provides exemptions. Provides that obstructing justice also consists of a parent, legal guardian, or caretaker of a child under 13 years of age reporting 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 the provisions relating to failure to report the death or disappearance of a child under 13 years of age.

Provides that the Department of Children and Family Services Guardianship Administrator shall not personally be subject to the reporting requirements in the new statute concerning failure to report the death or disappearance of a child under 13 years of age.

Replaces everything after the enacting clause. Amends various Acts to make technical changes related to the changing the short title of the Criminal Code of 1961 to the Criminal Code of 2012 by Public Act 97-1108 (effective January 1, 2013). Makes other various technical and other changes related to the Criminal Code rewrite in other Public Acts. Effective January 1, 2013.

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