Bill Text: IL HB5032 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that it is not a violation of the Kidnaping and Related Offenses Article of the Code for a caretaker to transport a child under 18 years of age to another state for medical care or treatment if the caretaker 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 if the child is transported to another state under circumstances described in this provision. Defines "caretaker" as a person who has the consent of the custodial parent to care for the custodial parent's child and includes, but is not limited to, a family member, baby sitter, au pair, nanny, or person applying for guardianship or adoption of the child.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-04-08 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5032 Detail]

Download: Illinois-2015-HB5032-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5032 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
720 ILCS 5/10-11 new
Amends the Criminal Code of 2012. Provides that it is not a violation of the Kidnaping and Related Offenses Article of the Code for a caretaker to transport a child under 18 years of age to another state for medical care or treatment if the caretaker 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 if the child is transported to another state under circumstances described in this provision. Defines "caretaker" as a person who has the consent of the custodial parent to care for the custodial parent's child and includes, but is not limited to, a family member, baby sitter, au pair, nanny, or person applying for guardianship or adoption of the child.
LRB099 18132 RLC 42498 b
A BILL FOR
HB5032 LRB099 18132 RLC 42498 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 2012 is amended by adding
Section 10-11 as follows:
(720 ILCS 5/10-11 new)
Sec. 10-11. Transporting persons under 18 years of age to
another state for emergency treatment.
(a) In this Section:
"Caretaker" means a person who has the consent of the
custodial parent to care for the custodial parent's child
and includes, but is not limited to, a family member, baby
sitter, au pair, nanny, or person applying for guardianship
or adoption of the child.
"Child" means a person under 18 years of age.
(b) It is not a violation of this Article for a caretaker
to transport a child to another state for medical care or
treatment if the caretaker 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

HB5032 - 2 - LRB099 18132 RLC 42498 b
will risk further illness or injury to the child.
(c) The Department of Children and Family Services may not
place a child described in this Section in its custody or
foster care if the child is transported to another state under
circumstances described in subsection (b).