HB4607 EngrossedLRB100 18764 RLC 34000 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Criminal Code of 2012 is amended  by adding 
5Section 10-11 as follows:
 
6    (720 ILCS 5/10-11 new)
7    Sec. 10-11. Transporting persons under 18 years of age to 
8another state for emergency treatment.
9    (a)  In this Section:
10        "Child" means a person under 18 years of age.
11        "Person responsible for the child's welfare"  has the 
12    meaning ascribed to it in Section 3 of the Abused and 
13    Neglected Child Reporting Act.
14    (b)  A person responsible for the child's welfare may not be 
15criminally liable
for a violation of this Article when the  
16person responsible for the child's welfare transports
a child 
17to another state for medical care or treatment if the
person 
18responsible for the child's welfare reasonably believes that:
19        (1) the child needs emergency medical care or treatment

20    because of injury or illness;
21        (2) the nearest healthcare facility that is capable of 
22    rendering sufficient medical care or treatment for that 
23    child's emergency medical condition is not in this State; 
 
 
HB4607 Engrossed- 2 -LRB100 18764 RLC 34000 b

1    and
2        (3) failure to transport the child to another state

3    will risk further illness or injury to the child.
4    (c) The Department of Children and Family Services may not 
5place a child described in this Section in its custody or

6foster care on the basis that the child is transported to

7another state under circumstances described in subsection (b).