Full Text of HB3804 97th General Assembly
HB3804eng 97TH GENERAL ASSEMBLY |
| | HB3804 Engrossed | | LRB097 12822 RLC 57318 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | 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 | 17 | | more than one hour. | 18 | | (b) A parent, legal guardian, or caretaker
of a child under | 19 | | 13 years of age must report the death of the child to the law | 20 | | enforcement agency of the county where the child's corpse was | 21 | | found if the parent, legal guardian, or caretaker reasonably | 22 | | believes that the death of the child was caused by a homicide, | 23 | | accident, or other suspicious circumstance. |
| | | HB3804 Engrossed | - 2 - | LRB097 12822 RLC 57318 b |
|
| 1 | | (c) A parent, legal guardian, or caretaker does not commit | 2 | | the offense of failure to report the death or disappearance of | 3 | | a child under 13 years of age when: | 4 | | (1) the failure to report is due to an act of God, act | 5 | | of war, or inability of a law enforcement agency to receive | 6 | | a report of the disappearance of a child; | 7 | | (2) the parent, legal guardian, or caretaker calls 911 | 8 | | to report the disappearance of the child; | 9 | | (3) the parent, legal guardian, or caretaker knows that | 10 | | the child is under the care of another parent, family | 11 | | member, relative, friend, or baby sitter; or | 12 | | (4) the parent, legal guardian, or caretaker is | 13 | | hospitalized, in a coma, or is otherwise seriously | 14 | | physically or mentally impaired as to prevent the person | 15 | | from reporting the death or disappearance. | 16 | | (d) Sentence. A violation of this Section is a Class 4 | 17 | | felony.
| 18 | | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
| 19 | | Sec. 31-4. Obstructing justice.
| 20 | | (a) A person obstructs justice when, with intent to prevent | 21 | | the apprehension
or obstruct the prosecution or defense of any | 22 | | person, he or she knowingly commits
any of the following acts:
| 23 | | (1) (a) Destroys, alters, conceals or disguises | 24 | | physical evidence, plants
false evidence, furnishes false | 25 | | information; or
|
| | | HB3804 Engrossed | - 3 - | LRB097 12822 RLC 57318 b |
|
| 1 | | (2) (b) Induces a witness having knowledge material to | 2 | | the subject at issue
to leave the State or conceal himself | 3 | | or herself ; or
| 4 | | (3) (c) Possessing knowledge material to the subject at | 5 | | issue, he or she leaves the
State or conceals himself ; or | 6 | | (4) If a parent, legal guardian, or caretaker
of a | 7 | | child under 13 years of age reports materially false | 8 | | information to a law enforcement agency, medical examiner, | 9 | | coroner, State's Attorney, or other governmental agency | 10 | | during an investigation of the disappearance or death of a | 11 | | child under circumstances described in subsection (a) or | 12 | | (b) of Section 10-10 of this Code .
| 13 | | (b) (d) Sentence.
| 14 | | (1) Obstructing justice is a Class 4 felony, except as | 15 | | provided in
paragraph (2) of this subsection (b) (d) .
| 16 | | (2) Obstructing justice in furtherance of streetgang | 17 | | related or
gang-related activity, as defined in Section 10 | 18 | | of the Illinois Streetgang
Terrorism Omnibus Prevention | 19 | | Act, is a Class 3 felony.
| 20 | | (Source: P.A. 90-363, eff. 1-1-98.)
|
|