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Public Act 097-0998
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| HB5265 Enrolled | LRB097 18494 RLC 63725 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 10-5 as follows:
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(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
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Sec. 10-5. Child abduction.
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(a) For purposes of this Section, the following terms have
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the following meanings:
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(1) "Child" means a person who, at the time the alleged |
violation occurred, was under the age of 18 or
severely or |
profoundly intellectually disabled.
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(2) "Detains" means taking or retaining physical |
custody of a child,
whether or not the child resists or |
objects.
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(2.1) "Express consent" means oral or written |
permission that is positive, direct, and unequivocal, |
requiring no inference or implication to supply its |
meaning. |
(2.2) "Luring" means any knowing act to solicit, |
entice, tempt, or attempt to attract the minor.
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(3) "Lawful custodian" means a person or persons |
granted legal custody
of a child or entitled to physical |
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possession of a child pursuant to a
court order. It is |
presumed that, when the parties have never been
married to |
each other, the mother has legal custody of the child |
unless a
valid court order states otherwise. If an |
adjudication of paternity has
been completed and the father |
has been assigned support obligations or
visitation |
rights, such a paternity order should, for the purposes of |
this
Section, be considered a valid court order granting |
custody to the mother.
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(4) "Putative father" means a man who has a reasonable |
belief that he is the father of a child born of a woman who |
is not his wife. |
(5) "Unlawful purpose" means any misdemeanor or felony |
violation of State law or a similar federal or sister state |
law or local ordinance. |
(b) A person commits the offense of child abduction when he |
or she does any one of the following:
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(1) Intentionally violates any terms of a valid court |
order granting
sole or joint custody, care, or possession |
to another by concealing or
detaining the child or removing |
the child from the jurisdiction of the
court.
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(2) Intentionally violates a court order prohibiting |
the person from
concealing or detaining the child or |
removing the child
from the jurisdiction of the court.
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(3) Intentionally conceals, detains, or removes the |
child without the
consent of the mother or lawful custodian |
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of the child if the person is a
putative father and either: |
(A) the paternity of the child has not been
legally |
established or (B) the paternity of the child has been |
legally
established but no orders relating to custody have |
been entered. Notwithstanding the presumption created by |
paragraph (3) of subsection (a),
however, a mother commits |
child abduction when she intentionally conceals or removes
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a child, whom she has abandoned or relinquished custody of, |
from an
unadjudicated father who has provided sole ongoing |
care and custody of the
child in her absence.
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(4) Intentionally conceals or removes the child from a |
parent after
filing a petition or being served with process |
in an action affecting
marriage or paternity but prior to |
the issuance of a temporary or final
order determining |
custody.
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(5) At the expiration of visitation rights outside the |
State,
intentionally fails or refuses to return or impedes |
the return of the child
to the lawful custodian in |
Illinois.
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(6) Being a parent of the child, and if the parents of |
that child
are or have been married and there has been no |
court order of custody,
knowingly conceals the child for 15 |
days, and fails to make reasonable attempts
within the |
15-day period to notify the other parent as to the specific
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whereabouts of the child, including a means by which to |
contact the child,
or to arrange reasonable visitation or |
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contact with the child. It is not a
violation of this |
Section for a person fleeing domestic violence to take
the |
child with him or her to housing provided by a domestic |
violence program.
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(7) Being a parent of the child, and if the parents of |
the child
are or have been married and there has been no |
court order of
custody, knowingly conceals, detains, or |
removes the child with physical force or
threat of physical |
force.
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(8) Knowingly conceals, detains, or removes the child |
for payment or promise of
payment at the instruction of a |
person who has no legal right to custody.
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(9) Knowingly retains in this State for 30 days a child |
removed from another state
without the consent of the |
lawful custodian or in violation of a valid
court order of |
custody.
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(10) Intentionally lures or attempts to lure a child: |
(A) under the age of 17 or (B) while traveling to or from a |
primary or secondary school 16
into a motor vehicle, |
building, housetrailer, or dwelling place without the
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consent of the child's parent or lawful custodian for other |
than a lawful purpose. For the purposes of this item (10), |
the trier of fact may infer that luring
or attempted luring |
of a child under the age of 17 16 into a motor vehicle,
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building, housetrailer, or dwelling place without the |
express consent of the child's parent
or lawful custodian |
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or with the intent to avoid the express consent of the |
child's parent or lawful custodian was for other
than a |
lawful purpose.
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(11) With the intent to obstruct or prevent efforts to |
locate the child victim of a child abduction, knowingly |
destroys, alters, conceals, or disguises physical evidence |
or furnishes false information. |
(c) It is an affirmative defense to subsections (b)(1) |
through (b)(10) of this Section that:
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(1) the person had custody of the child pursuant to a |
court order
granting legal custody or visitation rights |
that existed at the time of
the alleged violation;
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(2) the person had physical custody of the child |
pursuant to a court
order granting legal custody or |
visitation rights and failed to return the
child as a |
result of circumstances beyond his or her control, and the
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person notified and disclosed to the other parent or legal |
custodian the
specific whereabouts of the child and a means |
by which the child could be
contacted or made a reasonable |
attempt to notify the other parent or lawful
custodian of |
the child of those circumstances and made the disclosure
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within 24 hours after the visitation period had expired and |
returned the
child as soon as possible;
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(3) the person was fleeing an incidence or pattern of |
domestic violence; or
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(4) the person lured or attempted to lure a child under |
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the age of 17 16
into a motor vehicle, building, |
housetrailer, or dwelling place for a
lawful purpose in |
prosecutions under paragraph (10) of subsection (b).
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(d) A person convicted of child abduction under this |
Section is guilty of
a Class 4 felony. A person convicted of |
child abduction under subsection (b)(10) shall undergo a sex |
offender evaluation prior to a sentence being imposed. A person |
convicted of a second or subsequent violation of
paragraph (10) |
of subsection (b) of this Section is guilty of a Class 3
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felony. A person convicted of child abduction under subsection |
(b)(10) when the person has a prior conviction of a sex offense |
as defined in the Sex Offender Registration Act or any |
substantially similar federal, Uniform Code of Military |
Justice, sister state, or foreign government offense is guilty |
of a Class 2 felony. It is a factor in aggravation under |
subsections (b)(1) through (b)(10) of this Section for which a |
court
may impose a more severe sentence under Section 5-8-1 |
(730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified |
Code
of Corrections if, upon sentencing, the court finds |
evidence of any of the
following aggravating factors:
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(1) that the defendant abused or neglected the child |
following the
concealment, detention, or removal of the |
child;
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(2) that the defendant inflicted or threatened to |
inflict physical harm
on a parent or lawful custodian of |
the child or on the child with intent to
cause that parent |
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or lawful custodian to discontinue criminal prosecution
of |
the defendant under this Section;
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(3) that the defendant demanded payment in exchange for |
return of the
child or demanded that he or she be relieved |
of the financial or legal
obligation to support the child |
in exchange for return of the child;
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(4) that the defendant has previously been convicted of |
child abduction;
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(5) that the defendant committed the abduction while |
armed with a deadly
weapon or the taking of the child |
resulted in serious bodily injury to
another; or
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(6) that the defendant committed the abduction while in |
a school,
regardless of the time of day or time of year; in |
a playground; on any
conveyance owned,
leased, or |
contracted by a school to transport students to or from |
school or a
school related activity; on the real property |
of a school;
or on a
public way within 1,000 feet of the |
real property comprising any school or
playground. For |
purposes of this paragraph (6), "playground" means a piece
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of land owned or controlled by a unit of local government |
that is designated by
the unit of local government for use |
solely or primarily for children's
recreation;
and |
"school" means a public or private
elementary or secondary |
school, community college, college, or university.
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(e) The court may order the child to be returned to the |
parent or lawful
custodian from whom the child was concealed, |
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detained, or removed. In
addition to any sentence imposed, the |
court may assess any reasonable
expense incurred in searching |
for or returning the child against any
person convicted of |
violating this Section.
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(f) Nothing contained in this Section shall be construed to |
limit the
court's contempt power.
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(g) Every law enforcement officer investigating an alleged |
incident of
child abduction shall make a written police report |
of any bona fide
allegation and the disposition of that |
investigation. Every police report
completed pursuant to this |
Section shall be compiled and recorded within
the meaning of |
Section 5.1 of the Criminal Identification Act.
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(h) Whenever a law enforcement officer has reasons to |
believe a child
abduction has occurred, she or he shall provide |
the lawful custodian a summary of
her or his rights under this |
Code, including the procedures and relief
available to her or |
him.
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(i) If during the course of an investigation under this
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Section the child is found in the physical custody of the |
defendant or
another, the law enforcement officer shall return |
the child to the parent
or lawful custodian from whom the child |
was concealed, detained, or removed,
unless there is good cause |
for the law enforcement officer or the
Department of Children |
and Family Services to retain temporary protective
custody of |
the child pursuant to the Abused and Neglected Child Reporting
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Act.
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