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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 adding | ||||||
| 5 | Sections 10-10 and 10-11 as follows: | ||||||
| 6 | (720 ILCS 5/10-10 new) | ||||||
| 7 | Sec. 10-10. Failure to report the disappearance of a child | ||||||
| 8 | to a law enforcement agency. | ||||||
| 9 | (a) A person commits failure to report the disappearance of | ||||||
| 10 | a child to a law enforcement agency when he or
she, as a | ||||||
| 11 | parent, guardian, or other person having physical custody or | ||||||
| 12 | control
of a child under 13 years of age, knowingly or | ||||||
| 13 | recklessly fails to immediately report the child as missing to | ||||||
| 14 | a law enforcement agency after a 48-hour period expires in | ||||||
| 15 | which he or she failed to make contact with or otherwise verify | ||||||
| 16 | the whereabouts and safety of that child. | ||||||
| 17 | (b) A person does not commit failure to report the | ||||||
| 18 | disappearance of a child to a law enforcement agency when the | ||||||
| 19 | failure to report is due to an act of God, act of war, or | ||||||
| 20 | inability of a law enforcement agency to receive a report of | ||||||
| 21 | the disappearance of a child. | ||||||
| 22 | (c) A person does not commit failure to report the | ||||||
| 23 | disappearance of a child to a law enforcement agency when the | ||||||
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| 1 | person calls 911 to report the disappearance of the child or | ||||||
| 2 | knows that the child is under the care of another parent, | ||||||
| 3 | family member, relative, friend, or baby sitter. | ||||||
| 4 | (d) Sentence. Failure to report the disappearance of a | ||||||
| 5 | child to a law enforcement agency is a Class 4 felony. | ||||||
| 6 | (720 ILCS 5/10-11 new) | ||||||
| 7 | Sec. 10-11. Death of a child or location of a child's | ||||||
| 8 | corpse. | ||||||
| 9 | (a) A parent, guardian, or other person having physical | ||||||
| 10 | custody or control
of a child under 18 years of age must | ||||||
| 11 | report: | ||||||
| 12 | (1)
the child's death to a law enforcement agency | ||||||
| 13 | within one hour after learning about the child's death; or | ||||||
| 14 | (2) the location of the child's corpse to a law | ||||||
| 15 | enforcement agency within one hour after learning the | ||||||
| 16 | location of the corpse. | ||||||
| 17 | (b) A person does not violate this Section when he or she | ||||||
| 18 | fails to report due to an act of God, act of war, or inability | ||||||
| 19 | of a law enforcement agency to receive a report of a child's | ||||||
| 20 | death or the location of a child's corpse. | ||||||
| 21 | (c) A person does not violate this Section when he or she | ||||||
| 22 | calls 911 to report the death of the child or if the death of | ||||||
| 23 | the child occurs in a hospital or if the child's body is in the | ||||||
| 24 | custody of a medical examiner or coroner, or if the death | ||||||
| 25 | occurs in the care of a physician. | ||||||
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| 1 | (d) Sentence. A violation of this Section is a Class 4 | ||||||
| 2 | felony.
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