Bill Text: IL HB3804 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 17-8)

Status: (Passed) 2013-01-25 - Public Act . . . . . . . . . 97-1150 [HB3804 Detail]

Download: Illinois-2011-HB3804-Engrossed.html

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HB3804 Engrossed LRB097 12822 RLC 57318 b
AN ACT concerning criminal 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
Section 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.

HB3804 Engrossed - 2 - LRB097 12822 RLC 57318 b
(c) 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.
(d) Sentence. A violation of this Section is a Class 4
felony.
(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

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(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.)