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1 | AN ACT concerning criminal law, which may be referred to as | ||||||
2 | Caylee's law.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
6 | Sections 12-9 and 31-4 and adding Section 10-10 as follows: | ||||||
7 | (720 ILCS 5/10-10 new) | ||||||
8 | Sec. 10-10. Failure to report the death or disappearance of | ||||||
9 | a child under 13 years of age. | ||||||
10 | (a) A parent, legal guardian, or caretaker
of a child under | ||||||
11 | 13 years of age commits failure to report the death or | ||||||
12 | disappearance of a child under 13 years of age when he or she | ||||||
13 | knows or should know and fails to report the child as missing | ||||||
14 | or deceased to a law enforcement agency within 24 hours if the | ||||||
15 | parent, legal guardian, or caretaker reasonably believes that | ||||||
16 | the child is missing or deceased. In the case of a child under | ||||||
17 | the age of 2 years, the reporting requirement is reduced to no | ||||||
18 | more than one hour. | ||||||
19 | (b) A parent, legal guardian, or caretaker
of a child under | ||||||
20 | 13 years of age must report the death of the child to the law | ||||||
21 | enforcement agency of the county where the child's corpse was | ||||||
22 | found if the parent, legal guardian, or caretaker reasonably | ||||||
23 | believes that the death of the child was caused by a homicide, |
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1 | accident, or other suspicious circumstance. | ||||||
2 | (c) The Department of Children and Family Services
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3 | Guardianship Administrator shall not personally be subject to | ||||||
4 | the reporting requirements in subsection (a) or (b) of this | ||||||
5 | Section. | ||||||
6 | (d) A parent, legal guardian, or caretaker does not commit | ||||||
7 | the offense of failure to report the death or disappearance of | ||||||
8 | a child under 13 years of age when: | ||||||
9 | (1) the failure to report is due to an act of God, act | ||||||
10 | of war, or inability of a law enforcement agency to receive | ||||||
11 | a report of the disappearance of a child; | ||||||
12 | (2) the parent, legal guardian, or caretaker calls 911 | ||||||
13 | to report the disappearance of the child; | ||||||
14 | (3) the parent, legal guardian, or caretaker knows that | ||||||
15 | the child is under the care of another parent, family | ||||||
16 | member, relative, friend, or baby sitter; or | ||||||
17 | (4) the parent, legal guardian, or caretaker is | ||||||
18 | hospitalized, in a coma, or is otherwise seriously | ||||||
19 | physically or mentally impaired as to prevent the person | ||||||
20 | from reporting the death or disappearance. | ||||||
21 | (e) Sentence. A violation of this Section is a Class 4 | ||||||
22 | felony.
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23 | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
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24 | Sec. 12-9. Threatening public officials.
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25 | (a) A person commits threatening a public official when:
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1 | (1) that person knowingly delivers or conveys, | ||||||
2 | directly
or indirectly, to a public official by any means a | ||||||
3 | communication:
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4 | (i) containing a threat that would place
the public | ||||||
5 | official or a member of his or her immediate family in | ||||||
6 | reasonable
apprehension of immediate or future bodily | ||||||
7 | harm, sexual assault, confinement,
or restraint; or
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8 | (ii) containing a threat that would place the | ||||||
9 | public official
or a member of his or her immediate | ||||||
10 | family in reasonable apprehension that
damage will | ||||||
11 | occur to property in the custody, care, or control of | ||||||
12 | the public
official or his or her immediate family; and
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13 | (2) the threat was conveyed because of the performance | ||||||
14 | or nonperformance
of some public duty, because of hostility | ||||||
15 | of the person making the threat
toward the status or | ||||||
16 | position of the public official, or because of any
other | ||||||
17 | factor related to the official's public existence.
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18 | (a-5) For purposes of a threat to a sworn law enforcement | ||||||
19 | officer, the threat must contain specific facts indicative of a | ||||||
20 | unique threat to the person, family or property of the officer | ||||||
21 | and not a generalized threat of harm.
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22 | (a-6) For purposes of a threat to a social worker, | ||||||
23 | caseworker, or investigator, the threat must contain specific | ||||||
24 | facts indicative of a unique threat to the person, family or | ||||||
25 | property of the individual and not a generalized threat of | ||||||
26 | harm. |
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1 | (b) For purposes of this Section:
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2 | (1) "Public official"
means a person who is elected to | ||||||
3 | office in accordance with a statute or
who is appointed to | ||||||
4 | an office which is established, and the qualifications
and | ||||||
5 | duties of which are prescribed, by statute, to discharge a | ||||||
6 | public duty
for the State or any of its political | ||||||
7 | subdivisions or in the case of
an elective office any | ||||||
8 | person who has filed the required documents for
nomination | ||||||
9 | or election to such office. "Public official" includes a
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10 | duly
appointed assistant State's Attorney, assistant | ||||||
11 | Attorney General, or Appellate Prosecutor ; , and a sworn | ||||||
12 | law enforcement or peace officer ; a social worker, | ||||||
13 | caseworker, or investigator employed by the Department of | ||||||
14 | Healthcare and Family Services, the Department of Human | ||||||
15 | Services, or the Department of Children and Family | ||||||
16 | Services .
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17 | (2) "Immediate family" means a
public official's | ||||||
18 | spouse or child or children.
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19 | (c) Threatening a public official is a Class 3 felony for a
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20 | first offense and a Class 2 felony for a second or subsequent | ||||||
21 | offense.
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22 | (Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11 .)
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23 | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
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24 | Sec. 31-4. Obstructing justice.
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25 | (a) A person obstructs justice when, with intent to prevent |
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1 | the apprehension
or obstruct the prosecution or defense of any | ||||||
2 | person, he or she knowingly commits
any of the following acts:
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3 | (1) (a) Destroys, alters, conceals or disguises | ||||||
4 | physical evidence, plants
false evidence, furnishes false | ||||||
5 | information; or
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6 | (2) (b) Induces a witness having knowledge material to | ||||||
7 | the subject at issue
to leave the State or conceal himself | ||||||
8 | or herself ; or
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9 | (3) (c) Possessing knowledge material to the subject at | ||||||
10 | issue, he or she leaves the
State or conceals himself ; or | ||||||
11 | (4) If a parent, legal guardian, or caretaker
of a | ||||||
12 | child under 13 years of age reports materially false | ||||||
13 | information to a law enforcement agency, medical examiner, | ||||||
14 | coroner, State's Attorney, or other governmental agency | ||||||
15 | during an investigation of the disappearance or death of a | ||||||
16 | child under circumstances described in subsection (a) or | ||||||
17 | (b) of Section 10-10 of this Code .
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18 | (b) (d) Sentence.
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19 | (1) Obstructing justice is a Class 4 felony, except as | ||||||
20 | provided in
paragraph (2) of this subsection (b) (d) .
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21 | (2) Obstructing justice in furtherance of streetgang | ||||||
22 | related or
gang-related activity, as defined in Section 10 | ||||||
23 | of the Illinois Streetgang
Terrorism Omnibus Prevention | ||||||
24 | Act, is a Class 3 felony.
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25 | (Source: P.A. 90-363, eff. 1-1-98.)
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