HB6889 93RD GENERAL ASSEMBLY

LRB093 18250 AMC 43950 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6889

Introduced 02/09/04, by John J. Millner

SYNOPSIS AS INTRODUCED:

325 ILCS 5/4.02	from Ch. 23, par. 2054.02
720 ILCS 5/8-2	from Ch. 38, par. 8-2

Amends the Abused and Neglected Child Reporting Act and the Criminal Code of 1961 to provide that a person convicted of conspiracy to violate the Abused and Neglected Child Reporting Act is guilty of a Class 4 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Abused and Neglected Child Reporting Act is amended by changing Section 4.02 as follows:

(325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)

Sec. 4.02. Any physician who willfully fails to report suspected child abuse or neglect as required by this Act shall be referred to the Illinois State Medical Disciplinary Board for action in accordance with paragraph 22 of Section 22 of the Medical Practice Act of 1987. Any dentist or dental hygienist who willfully fails to report suspected child abuse or neglect as required by this Act shall be referred to the Department of Professional Regulation for action in accordance with paragraph 19 of Section 23 of the Illinois Dental Practice Act. Any other person required by this Act to report suspected child abuse and neglect who willfully fails to report such is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. A person convicted of conspiracy to violate this Act is guilty of a Class 4 felony.

(Source: P.A. 91-197, eff. 1-1-00; 92-801, eff. 8-16-02.)

Section 10. The Criminal Code of 1961 is amended by changing Section 8-2 as follows:

(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)

Sec. 8-2. Conspiracy. (a) Elements of the offense. A person commits conspiracy when, with intent that an offense be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or by a co-conspirator.

(b) Co-conspirators.

It shall not be a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:

(1) Has not been prosecuted or convicted, or

(2) Has been convicted of a different offense, or

(3) Is not amenable to justice, or

(4) Has been acquitted, or

(5) Lacked the capacity to commit an offense.

(c) Sentence.

A person convicted of conspiracy may be fined or imprisoned or both not to exceed the maximum provided for the offense which is the object of the conspiracy, except that if the object is an offense prohibited by Sections 11-15, 11-16, 11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4 of the "Criminal Code of 1961", approved July 28, 1961, as amended, or prohibited by Sections 404 or 406 (b) of the "Illinois Controlled Substances Act", enacted by the 77th General Assembly, or an inchoate offense related to any of the aforesaid principal offenses, the person convicted may be sentenced for a Class 3 felony however, conspiracy to commit treason, first degree murder, or aggravated kidnapping shall not be sentenced in excess of a Class 2 felony, and conspiracy to commit any offense other than those specified in this subsection, and other than those set forth in Sections 401, 402, or 407 of the Illinois Controlled Substances Act, shall not be sentenced in excess of a Class 4 felony. A person convicted of conspiracy to violate the Abused and Neglected Child Reporting Act is guilty of a Class 4 felony.

(Source: P.A. 86-809.)

Section 99. Effective date. This Act takes effect upon becoming law.