Rep. Jack D. Franks
Filed: 2/17/2012
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1 | AMENDMENT TO HOUSE BILL 3804
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2 | AMENDMENT NO. ______. Amend House Bill 3804 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 31-4 and adding Section 10-10 as follows: | ||||||
6 | (720 ILCS 5/10-10 new) | ||||||
7 | Sec. 10-10. Failure to report the death or disappearance of | ||||||
8 | a child under 13 years of age. | ||||||
9 | (a) A parent, legal guardian, or caretaker
of a child under | ||||||
10 | 13 years of age commits failure to report the death or | ||||||
11 | disappearance of a child under 13 years of age when he or she | ||||||
12 | knows or should know and fails to report the child as missing | ||||||
13 | or deceased to a law enforcement agency within 24 hours if the | ||||||
14 | parent, legal guardian, or caretaker reasonably believes that | ||||||
15 | the child is missing or deceased. In the case of a child under | ||||||
16 | the age of 2 years, the reporting requirement is reduced to no |
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1 | more than one hour. | ||||||
2 | (b) A parent, legal guardian, or caretaker
of a child under | ||||||
3 | 13 years of age must report the death of the child to the law | ||||||
4 | enforcement agency of the county where the child's corpse was | ||||||
5 | found if the parent, legal guardian, or caretaker reasonably | ||||||
6 | believes that the death of the child was caused by a homicide, | ||||||
7 | accident, or other suspicious circumstance. | ||||||
8 | (c) A parent, legal guardian, or caretaker does not commit | ||||||
9 | the offense of failure to report the death or disappearance of | ||||||
10 | a child under 13 years of age when: | ||||||
11 | (1) the failure to report is due to an act of God, act | ||||||
12 | of war, or inability of a law enforcement agency to receive | ||||||
13 | a report of the disappearance of a child; | ||||||
14 | (2) the parent, legal guardian, or caretaker calls 911 | ||||||
15 | to report the disappearance of the child; | ||||||
16 | (3) the parent, legal guardian, or caretaker knows that | ||||||
17 | the child is under the care of another parent, family | ||||||
18 | member, relative, friend, or baby sitter; or | ||||||
19 | (4) the parent, legal guardian, or caretaker is | ||||||
20 | hospitalized, in a coma, or is otherwise seriously | ||||||
21 | physically or mentally impaired as to prevent the person | ||||||
22 | from reporting the death or disappearance. | ||||||
23 | (d) Sentence. A violation of this Section is a Class 4 | ||||||
24 | felony.
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25 | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
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1 | Sec. 31-4. Obstructing justice.
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2 | (a) A person obstructs justice when, with intent to prevent | ||||||
3 | the apprehension
or obstruct the prosecution or defense of any | ||||||
4 | person, he or she knowingly commits
any of the following acts:
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5 | (1) (a) Destroys, alters, conceals or disguises | ||||||
6 | physical evidence, plants
false evidence, furnishes false | ||||||
7 | information; or
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8 | (2) (b) Induces a witness having knowledge material to | ||||||
9 | the subject at issue
to leave the State or conceal himself | ||||||
10 | or herself ; or
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11 | (3) (c) Possessing knowledge material to the subject at | ||||||
12 | issue, he or she leaves the
State or conceals himself ; or | ||||||
13 | (4) If a parent, legal guardian, or caretaker
of a | ||||||
14 | child under 13 years of age reports materially false | ||||||
15 | information to a law enforcement agency, medical examiner, | ||||||
16 | coroner, State's Attorney, or other governmental agency | ||||||
17 | during an investigation of the disappearance or death of a | ||||||
18 | child under circumstances described in subsection (a) or | ||||||
19 | (b) of Section 10-10 of this Code .
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20 | (b) (d) Sentence.
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21 | (1) Obstructing justice is a Class 4 felony, except as | ||||||
22 | provided in
paragraph (2) of this subsection (b) (d) .
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23 | (2) Obstructing justice in furtherance of streetgang | ||||||
24 | related or
gang-related activity, as defined in Section 10 | ||||||
25 | of the Illinois Streetgang
Terrorism Omnibus Prevention | ||||||
26 | Act, is a Class 3 felony.
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1 | (Source: P.A. 90-363, eff. 1-1-98.)".
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