HB4607eng 100TH GENERAL ASSEMBLY

HB4607 Engrossed LRB100 18764 RLC 34000 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:

"Child" means a person under 18 years of age.

"Person responsible for the child's welfare" has the meaning ascribed to it in Section 3 of the Abused and Neglected Child Reporting Act.

(b) A person responsible for the child's welfare may not be criminally liable for a violation of this Article when the person responsible for the child's welfare transports a child to another state for medical care or treatment if the person responsible for the child's welfare reasonably believes that:

(1) the child needs emergency medical care or treatment because of injury or illness;

(2) the nearest healthcare facility that is capable of rendering sufficient medical care or treatment for that child's emergency medical condition is not in this State; and

(3) failure to transport the child to another state 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 on the basis that the child is transported to another state under circumstances described in subsection (b).