Bill Text: IL HB4607 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 2012. Provides that a grandparent may not be criminally or civilly liable for a violation of the Kidnaping and Related Offenses Article of the Code when the grandparent transports a child to another state for medical care or treatment if the grandparent reasonably believes that: (1) the child needs emergency medical care or treatment because of injury or illness; (2) a medical provider is not located within a short distance from the child's residence in this State; and (3) failure to transport the child to another state will risk further illness or injury to the child. Provides that the Department of Children and Family Services may not place a child described in this provision in its custody or foster care on the basis that the child is transported to another state under circumstances described in this provision.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4607 Detail]
Download: Illinois-2017-HB4607-Engrossed.html
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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 2012 is amended by adding | ||||||
| 5 | Section 10-11 as follows:
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| 6 | (720 ILCS 5/10-11 new) | ||||||
| 7 | Sec. 10-11. Transporting persons under 18 years of age to | ||||||
| 8 | another state for emergency treatment. | ||||||
| 9 | (a) In this Section: | ||||||
| 10 | "Child" means a person under 18 years of age. | ||||||
| 11 | "Person responsible for the child's welfare" has the | ||||||
| 12 | meaning ascribed to it in Section 3 of the Abused and | ||||||
| 13 | Neglected Child Reporting Act. | ||||||
| 14 | (b) A person responsible for the child's welfare may not be | ||||||
| 15 | criminally liable
for a violation of this Article when the | ||||||
| 16 | person responsible for the child's welfare transports
a child | ||||||
| 17 | to another state for medical care or treatment if the
person | ||||||
| 18 | responsible for the child's welfare reasonably believes that: | ||||||
| 19 | (1) the child needs emergency medical care or treatment
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| 20 | because of injury or illness; | ||||||
| 21 | (2) the nearest healthcare facility that is capable of | ||||||
| 22 | rendering sufficient medical care or treatment for that | ||||||
| 23 | child's emergency medical condition is not in this State; | ||||||
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| 1 | and | ||||||
| 2 | (3) failure to transport the child to another state
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| 3 | will risk further illness or injury to the child. | ||||||
| 4 | (c) The Department of Children and Family Services may not | ||||||
| 5 | place a child described in this Section in its custody or
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| 6 | foster care on the basis that the child is transported to
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| 7 | another state under circumstances described in subsection (b).
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