Bill Text: IL SB1618 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Criminal Code of 2012. Provides that a person also commits endangering the life or health of a child if the person witnesses and fails to notify law enforcement within 24 hours after witnessing the offense that a child under the age of 18 is the victim of an offense classified as a Class A misdemeanor or higher. Establishes penalties. Provides that the statute of limitations for the offense is the same as the statute of limitations for the offense committed against the child under the age of 18 that the offender failed to report. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1618 Detail]
Download: Illinois-2013-SB1618-Amended.html
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| 1 | AMENDMENT TO SENATE BILL 1618
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1618 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Criminal Code of 2012 is amended by adding | ||||||
| 5 | Section 11-9.1B as follows:
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| 6 | (720 ILCS 5/11-9.1B new) | ||||||
| 7 | Sec. 11-9.1B. Failure to report sexual abuse of a child. | ||||||
| 8 |
(a) For the purposes of this Section: | ||||||
| 9 | "Child" means any person under the age of 13. | ||||||
| 10 | "Sexual abuse" means a sexual act as defined in | ||||||
| 11 | subsection (b) of Section 11-9.1 of this Code, sexual | ||||||
| 12 | conduct as defined in Section 11-0.1 of this Code, or | ||||||
| 13 | sexual penetration as defined in Section 11-0.1 of this | ||||||
| 14 | Code. | ||||||
| 15 | (b) A person commits failure to report sexual abuse of a | ||||||
| 16 | child when he or she: | ||||||
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| 1 | (1) is over the age of 18 and personally observes | ||||||
| 2 | sexual abuse, between a person who he or she knows is over | ||||||
| 3 | the age of 18 and a person he or she knows is a child; and | ||||||
| 4 | (2) knowingly fails to report the sexual abuse to law | ||||||
| 5 | enforcement. | ||||||
| 6 | (c) This Section does not apply to a person who makes | ||||||
| 7 | timely and reasonable efforts to stop the sexual abuse by | ||||||
| 8 | reporting the sexual abuse in conformance with the Abused and | ||||||
| 9 | Neglected Child Reporting Act or by reporting the sexual abuse | ||||||
| 10 | or causing a report to be made, to medical or law enforcement | ||||||
| 11 | authorities or to a mandated reporter under Section 4 of the | ||||||
| 12 | Abused and Neglected Child Reporting Act. | ||||||
| 13 | (d) A person may not be charged with the offense of failure | ||||||
| 14 | to report sexual abuse of a child under this Section until the | ||||||
| 15 | person who committed the offense is charged with criminal | ||||||
| 16 | sexual assault, aggravated criminal sexual assault, predatory | ||||||
| 17 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
| 18 | aggravated criminal sexual abuse, child pornography, or sexual | ||||||
| 19 | exploitation of a child. | ||||||
| 20 | (e) It is an affirmative defense to a charge of failure to | ||||||
| 21 | report sexual abuse of a child under this Section that the | ||||||
| 22 | person who personally observed the sexual abuse had a | ||||||
| 23 | reasonable apprehension that timely action to stop the abuse | ||||||
| 24 | would result in the imminent infliction of death, great bodily | ||||||
| 25 | harm, permanent disfigurement, or permanent disability to | ||||||
| 26 | himself or herself or another in retaliation for reporting. | ||||||
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| 1 | (f) Sentence. A person who violates this Section is guilty | ||||||
| 2 | of a Class A misdemeanor for the first violation and a Class 4 | ||||||
| 3 | felony for a second or subsequent violation.".
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