Illinois General Assembly - Full Text of SB2537
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Full Text of SB2537  97th General Assembly

SB2537enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB2537 EnrolledLRB097 14538 RLC 59393 b

1    AN ACT concerning criminal law, which may be referred to as
2Caylee's law.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Criminal Code of 1961 is amended by changing
6Sections 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
9a child under 13 years of age.
10    (a) A parent, legal guardian, or caretaker of a child under
1113 years of age commits failure to report the death or
12disappearance of a child under 13 years of age when he or she
13knows or should know and fails to report the child as missing
14or deceased to a law enforcement agency within 24 hours if the
15parent, legal guardian, or caretaker reasonably believes that
16the child is missing or deceased. In the case of a child under
17the age of 2 years, the reporting requirement is reduced to no
18more than one hour.
19    (b) A parent, legal guardian, or caretaker of a child under
2013 years of age must report the death of the child to the law
21enforcement agency of the county where the child's corpse was
22found if the parent, legal guardian, or caretaker reasonably
23believes that the death of the child was caused by a homicide,

 

 

SB2537 Enrolled- 2 -LRB097 14538 RLC 59393 b

1accident, or other suspicious circumstance.
2    (c) The Department of Children and Family Services
3Guardianship Administrator shall not personally be subject to
4the reporting requirements in subsection (a) or (b) of this
5Section.
6    (d) A parent, legal guardian, or caretaker does not commit
7the offense of failure to report the death or disappearance of
8a 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
22felony.
 
23    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
24    Sec. 12-9. Threatening public officials.
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:
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
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
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.
18    (a-5) For purposes of a threat to a sworn law enforcement
19officer, the threat must contain specific facts indicative of a
20unique threat to the person, family or property of the officer
21and not a generalized threat of harm.
22    (a-6) For purposes of a threat to a social worker,
23caseworker, or investigator, the threat must contain specific
24facts indicative of a unique threat to the person, family or
25property of the individual and not a generalized threat of
26harm.

 

 

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1    (b) For purposes of this Section:
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
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.
17        (2) "Immediate family" means a public official's
18    spouse or child or children.
19    (c) Threatening a public official is a Class 3 felony for a
20first offense and a Class 2 felony for a second or subsequent
21offense.
22(Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
23    (720 ILCS 5/31-4)  (from Ch. 38, par. 31-4)
24    Sec. 31-4. Obstructing justice.
25    (a) A person obstructs justice when, with intent to prevent

 

 

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1the apprehension or obstruct the prosecution or defense of any
2person, he or she knowingly commits any of the following acts:
3        (1) (a) Destroys, alters, conceals or disguises
4    physical evidence, plants false evidence, furnishes false
5    information; or
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
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.
18    (b) (d) Sentence.
19        (1) Obstructing justice is a Class 4 felony, except as
20    provided in paragraph (2) of this subsection (b) (d).
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.
25(Source: P.A. 90-363, eff. 1-1-98.)