Bill Text: IL SB3704 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961. Redefines child abduction by luring. Provides that the offense consists of intentionally luring or attempting to lure a child: (1) under the age of 17 (rather than under the age of 16) or (2) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3704 Detail]
Download: Illinois-2011-SB3704-Introduced.html
Bill Title: Amends the Criminal Code of 1961. Redefines child abduction by luring. Provides that the offense consists of intentionally luring or attempting to lure a child: (1) under the age of 17 (rather than under the age of 16) or (2) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child's parent or lawful custodian for other than a lawful purpose.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3704 Detail]
Download: Illinois-2011-SB3704-Introduced.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 1961 is amended by changing | ||||||||||||||||||||||||
5 | Section 10-5 as follows:
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6 | (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
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7 | Sec. 10-5. Child abduction.
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8 | (a) For purposes of this Section, the following terms have
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9 | the following meanings:
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10 | (1) "Child" means a person who, at the time the alleged | ||||||||||||||||||||||||
11 | violation occurred, was under the age of 18 or
severely or | ||||||||||||||||||||||||
12 | profoundly intellectually disabled.
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13 | (2) "Detains" means taking or retaining physical | ||||||||||||||||||||||||
14 | custody of a child,
whether or not the child resists or | ||||||||||||||||||||||||
15 | objects.
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16 | (2.1) "Express consent" means oral or written | ||||||||||||||||||||||||
17 | permission that is positive, direct, and unequivocal, | ||||||||||||||||||||||||
18 | requiring no inference or implication to supply its | ||||||||||||||||||||||||
19 | meaning. | ||||||||||||||||||||||||
20 | (2.2) "Luring" means any knowing act to solicit, | ||||||||||||||||||||||||
21 | entice, tempt, or attempt to attract the minor.
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22 | (3) "Lawful custodian" means a person or persons | ||||||||||||||||||||||||
23 | granted legal custody
of a child or entitled to physical |
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1 | possession of a child pursuant to a
court order. It is | ||||||
2 | presumed that, when the parties have never been
married to | ||||||
3 | each other, the mother has legal custody of the child | ||||||
4 | unless a
valid court order states otherwise. If an | ||||||
5 | adjudication of paternity has
been completed and the father | ||||||
6 | has been assigned support obligations or
visitation | ||||||
7 | rights, such a paternity order should, for the purposes of | ||||||
8 | this
Section, be considered a valid court order granting | ||||||
9 | custody to the mother.
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10 | (4) "Putative father" means a man who has a reasonable | ||||||
11 | belief that he is the father of a child born of a woman who | ||||||
12 | is not his wife. | ||||||
13 | (5) "Unlawful purpose" means any misdemeanor or felony | ||||||
14 | violation of State law or a similar federal or sister state | ||||||
15 | law or local ordinance. | ||||||
16 | (b) A person commits the offense of child abduction when he | ||||||
17 | or she does any one of the following:
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18 | (1) Intentionally violates any terms of a valid court | ||||||
19 | order granting
sole or joint custody, care, or possession | ||||||
20 | to another by concealing or
detaining the child or removing | ||||||
21 | the child from the jurisdiction of the
court.
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22 | (2) Intentionally violates a court order prohibiting | ||||||
23 | the person from
concealing or detaining the child or | ||||||
24 | removing the child
from the jurisdiction of the court.
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25 | (3) Intentionally conceals, detains, or removes the | ||||||
26 | child without the
consent of the mother or lawful custodian |
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1 | of the child if the person is a
putative father and either: | ||||||
2 | (A) the paternity of the child has not been
legally | ||||||
3 | established or (B) the paternity of the child has been | ||||||
4 | legally
established but no orders relating to custody have | ||||||
5 | been entered. Notwithstanding the presumption created by | ||||||
6 | paragraph (3) of subsection (a),
however, a mother commits | ||||||
7 | child abduction when she intentionally conceals or removes
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8 | a child, whom she has abandoned or relinquished custody of, | ||||||
9 | from an
unadjudicated father who has provided sole ongoing | ||||||
10 | care and custody of the
child in her absence.
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11 | (4) Intentionally conceals or removes the child from a | ||||||
12 | parent after
filing a petition or being served with process | ||||||
13 | in an action affecting
marriage or paternity but prior to | ||||||
14 | the issuance of a temporary or final
order determining | ||||||
15 | custody.
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16 | (5) At the expiration of visitation rights outside the | ||||||
17 | State,
intentionally fails or refuses to return or impedes | ||||||
18 | the return of the child
to the lawful custodian in | ||||||
19 | Illinois.
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20 | (6) Being a parent of the child, and if the parents of | ||||||
21 | that child
are or have been married and there has been no | ||||||
22 | court order of custody,
knowingly conceals the child for 15 | ||||||
23 | days, and fails to make reasonable attempts
within the | ||||||
24 | 15-day period to notify the other parent as to the specific
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25 | whereabouts of the child, including a means by which to | ||||||
26 | contact the child,
or to arrange reasonable visitation or |
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1 | contact with the child. It is not a
violation of this | ||||||
2 | Section for a person fleeing domestic violence to take
the | ||||||
3 | child with him or her to housing provided by a domestic | ||||||
4 | violence program.
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5 | (7) Being a parent of the child, and if the parents of | ||||||
6 | the child
are or have been married and there has been no | ||||||
7 | court order of
custody, knowingly conceals, detains, or | ||||||
8 | removes the child with physical force or
threat of physical | ||||||
9 | force.
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10 | (8) Knowingly conceals, detains, or removes the child | ||||||
11 | for payment or promise of
payment at the instruction of a | ||||||
12 | person who has no legal right to custody.
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13 | (9) Knowingly retains in this State for 30 days a child | ||||||
14 | removed from another state
without the consent of the | ||||||
15 | lawful custodian or in violation of a valid
court order of | ||||||
16 | custody.
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17 | (10) Intentionally lures or attempts to lure a child : | ||||||
18 | (A) under the age of 17 or (B) while traveling to or from a | ||||||
19 | primary or secondary school 16
into a motor vehicle, | ||||||
20 | building, housetrailer, or dwelling place without the
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21 | consent of the child's parent or lawful custodian for other | ||||||
22 | than a lawful purpose. For the purposes of this item (10), | ||||||
23 | the trier of fact may infer that luring
or attempted luring | ||||||
24 | of a child under the age of 17 16 into a motor vehicle,
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25 | building, housetrailer, or dwelling place without the | ||||||
26 | express consent of the child's parent
or lawful custodian |
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1 | or with the intent to avoid the express consent of the | ||||||
2 | child's parent or lawful custodian was for other
than a | ||||||
3 | lawful purpose.
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4 | (11) With the intent to obstruct or prevent efforts to | ||||||
5 | locate the child victim of a child abduction, knowingly | ||||||
6 | destroys, alters, conceals, or disguises physical evidence | ||||||
7 | or furnishes false information. | ||||||
8 | (c) It is an affirmative defense to subsections (b)(1) | ||||||
9 | through (b)(10) of this Section that:
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10 | (1) the person had custody of the child pursuant to a | ||||||
11 | court order
granting legal custody or visitation rights | ||||||
12 | that existed at the time of
the alleged violation;
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13 | (2) the person had physical custody of the child | ||||||
14 | pursuant to a court
order granting legal custody or | ||||||
15 | visitation rights and failed to return the
child as a | ||||||
16 | result of circumstances beyond his or her control, and the
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17 | person notified and disclosed to the other parent or legal | ||||||
18 | custodian the
specific whereabouts of the child and a means | ||||||
19 | by which the child could be
contacted or made a reasonable | ||||||
20 | attempt to notify the other parent or lawful
custodian of | ||||||
21 | the child of those circumstances and made the disclosure
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22 | within 24 hours after the visitation period had expired and | ||||||
23 | returned the
child as soon as possible;
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24 | (3) the person was fleeing an incidence or pattern of | ||||||
25 | domestic violence; or
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26 | (4) the person lured or attempted to lure a child under |
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1 | the age of 17 16
into a motor vehicle, building, | ||||||
2 | housetrailer, or dwelling place for a
lawful purpose in | ||||||
3 | prosecutions under paragraph (10) of subsection (b).
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4 | (d) A person convicted of child abduction under this | ||||||
5 | Section is guilty of
a Class 4 felony. A person convicted of | ||||||
6 | child abduction under subsection (b)(10) shall undergo a sex | ||||||
7 | offender evaluation prior to a sentence being imposed. A person | ||||||
8 | convicted of a second or subsequent violation of
paragraph (10) | ||||||
9 | of subsection (b) of this Section is guilty of a Class 3
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10 | felony. A person convicted of child abduction under subsection | ||||||
11 | (b)(10) when the person has a prior conviction of a sex offense | ||||||
12 | as defined in the Sex Offender Registration Act or any | ||||||
13 | substantially similar federal, Uniform Code of Military | ||||||
14 | Justice, sister state, or foreign government offense is guilty | ||||||
15 | of a Class 2 felony. It is a factor in aggravation under | ||||||
16 | subsections (b)(1) through (b)(10) of this Section for which a | ||||||
17 | court
may impose a more severe sentence under Section 5-8-1 | ||||||
18 | (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified | ||||||
19 | Code
of Corrections if, upon sentencing, the court finds | ||||||
20 | evidence of any of the
following aggravating factors:
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21 | (1) that the defendant abused or neglected the child | ||||||
22 | following the
concealment, detention, or removal of the | ||||||
23 | child;
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24 | (2) that the defendant inflicted or threatened to | ||||||
25 | inflict physical harm
on a parent or lawful custodian of | ||||||
26 | the child or on the child with intent to
cause that parent |
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1 | or lawful custodian to discontinue criminal prosecution
of | ||||||
2 | the defendant under this Section;
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3 | (3) that the defendant demanded payment in exchange for | ||||||
4 | return of the
child or demanded that he or she be relieved | ||||||
5 | of the financial or legal
obligation to support the child | ||||||
6 | in exchange for return of the child;
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7 | (4) that the defendant has previously been convicted of | ||||||
8 | child abduction;
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9 | (5) that the defendant committed the abduction while | ||||||
10 | armed with a deadly
weapon or the taking of the child | ||||||
11 | resulted in serious bodily injury to
another; or
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12 | (6) that the defendant committed the abduction while in | ||||||
13 | a school,
regardless of the time of day or time of year; in | ||||||
14 | a playground; on any
conveyance owned,
leased, or | ||||||
15 | contracted by a school to transport students to or from | ||||||
16 | school or a
school related activity; on the real property | ||||||
17 | of a school;
or on a
public way within 1,000 feet of the | ||||||
18 | real property comprising any school or
playground. For | ||||||
19 | purposes of this paragraph (6), "playground" means a piece
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20 | of land owned or controlled by a unit of local government | ||||||
21 | that is designated by
the unit of local government for use | ||||||
22 | solely or primarily for children's
recreation;
and | ||||||
23 | "school" means a public or private
elementary or secondary | ||||||
24 | school, community college, college, or university.
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25 | (e) The court may order the child to be returned to the | ||||||
26 | parent or lawful
custodian from whom the child was concealed, |
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1 | detained, or removed. In
addition to any sentence imposed, the | ||||||
2 | court may assess any reasonable
expense incurred in searching | ||||||
3 | for or returning the child against any
person convicted of | ||||||
4 | violating this Section.
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5 | (f) Nothing contained in this Section shall be construed to | ||||||
6 | limit the
court's contempt power.
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7 | (g) Every law enforcement officer investigating an alleged | ||||||
8 | incident of
child abduction shall make a written police report | ||||||
9 | of any bona fide
allegation and the disposition of that | ||||||
10 | investigation. Every police report
completed pursuant to this | ||||||
11 | Section shall be compiled and recorded within
the meaning of | ||||||
12 | Section 5.1 of the Criminal Identification Act.
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13 | (h) Whenever a law enforcement officer has reasons to | ||||||
14 | believe a child
abduction has occurred, she or he shall provide | ||||||
15 | the lawful custodian a summary of
her or his rights under this | ||||||
16 | Code, including the procedures and relief
available to her or | ||||||
17 | him.
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18 | (i) If during the course of an investigation under this
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19 | Section the child is found in the physical custody of the | ||||||
20 | defendant or
another, the law enforcement officer shall return | ||||||
21 | the child to the parent
or lawful custodian from whom the child | ||||||
22 | was concealed, detained, or removed,
unless there is good cause | ||||||
23 | for the law enforcement officer or the
Department of Children | ||||||
24 | and Family Services to retain temporary protective
custody of | ||||||
25 | the child pursuant to the Abused and Neglected Child Reporting
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26 | Act.
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1 | (Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
2 | 97-160, eff. 1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
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