SB2537 97TH GENERAL ASSEMBLY

LRB097 14538 RLC 59393 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2537

Introduced 11/29/2011, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-21.6-1 new

Amends the Criminal Code of 1961. Provides that a parent, legal guardian, or caretaker of a child in his or her care who is 12 years of age or younger commits a Class 3 felony when he or she fails to notify a law enforcement agency in a timely manner of the child's disappearance and: (1) knows that the child is missing; and (2) knows or reasonably should know that the child is potentially in danger of death or serious injury. Provides that it is the duty of a parent, legal guardian, or caretaker of a minor child who becomes aware of the death of the minor child occurring under specified circumstances to report such death and circumstances forthwith to the county medical examiner or county coroner in the county where the parent, caretaker, or guardian believes the death of the minor child is most likely to have occurred. Provides that any such parent, legal guardian, or caretaker who knowingly fails or refuses to report such death and circumstances, who refuses to make available prior medical or other information pertinent to the death investigation, or who, without an order from the office of the county medical examiner or county coroner, willfully touches, removes, or disturbs the body, clothing, or any other thing on or near the body with the intent to alter the evidence or circumstances surrounding the death commits a Class 3 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 12-21.6-1 as follows:

(720 ILCS 5/12-21.6-1 new)

Sec. 12-21.6-1. Death or disappearance of child; report to law enforcement and medical examiner or coroner.

(a) A parent, legal guardian, or caretaker of a child in his or her care who is 12 years of age or younger commits a Class 3 felony when he or she fails to notify a law enforcement agency in a timely manner of the child's disappearance and:

(1) knows that the child is missing; and

(2) knows or reasonably should know that the child is potentially in danger of death or serious injury.

(b) It is the duty of a parent, legal guardian, or caretaker of a minor child who becomes aware of the death of the minor child occurring under the circumstances described in Section 3-3013 of the Counties Code to report such death and circumstances forthwith to the county medical examiner or county coroner in the county where the parent, caretaker, or guardian believes the death of the minor child is most likely to have occurred. Any such parent, legal guardian, or caretaker who knowingly fails or refuses to report such death and circumstances, who refuses to make available prior medical or other information pertinent to the death investigation, or who, without an order from the office of the county medical examiner or county coroner, willfully touches, removes, or disturbs the body, clothing, or any other thing on or near the body with the intent to alter the evidence or circumstances surrounding the death commits a Class 3 felony.

(c) A parent, legal guardian, or caretaker of a minor child who provides intentionally false or misleading information to authorities during the investigation of the missing, potentially missing, or minor child found to be missing whose false or misleading information misdirects or prolongs the investigation commits a Class 3 felony. In addition to any such punishment, a person convicted of a violation of this subsection (c) shall provide restitution for all costs of the missing child investigation and prosecution for offenses committed related thereto regardless of whether the person who violated this subsection is convicted of any additional offenses related to the missing child or the investigation.

Section 99. Effective date. This Act takes effect upon becoming law.