Full Text of HB3804 97th General Assembly
HB3804ham001 97TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 2/7/2012
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| 1 | | AMENDMENT TO HOUSE BILL 3804
| 2 | | AMENDMENT NO. ______. Amend House Bill 3804 by replacing | 3 | | everything after the enacting clause with the following:
| 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 | | knowingly fails to report the child as missing or deceased to a | 13 | | law enforcement agency within 24 hours if the parent, legal | 14 | | guardian, or caretaker reasonably believes that the child is | 15 | | missing or deceased. | 16 | | (b) A parent, legal guardian, or caretaker
of a child under |
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| 1 | | 13 years of age must report the death of the child to the law | 2 | | enforcement agency of the county where the child's corpse was | 3 | | found if the parent, legal guardian, or caretaker reasonably | 4 | | believes that the death of the child was caused by a homicide, | 5 | | accident, or other suspicious circumstance. | 6 | | (c) 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 | | (d) Sentence. A violation of this Section is a Class 4 | 22 | | felony.
| 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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| 1 | | the apprehension
or obstruct the prosecution or defense of any | 2 | | person, 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.)".
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