Full Text of HB5265 097th General Assembly
HB5265enr 97TH GENERAL ASSEMBLY |
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| 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 10-5 as follows:
| 6 | | (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
| 7 | | Sec. 10-5. Child abduction.
| 8 | | (a) For purposes of this Section, the following terms have
| 9 | | the following meanings:
| 10 | | (1) "Child" means a person who, at the time the alleged | 11 | | violation occurred, was under the age of 18 or
severely or | 12 | | profoundly intellectually disabled.
| 13 | | (2) "Detains" means taking or retaining physical | 14 | | custody of a child,
whether or not the child resists or | 15 | | objects.
| 16 | | (2.1) "Express consent" means oral or written | 17 | | permission that is positive, direct, and unequivocal, | 18 | | requiring no inference or implication to supply its | 19 | | meaning. | 20 | | (2.2) "Luring" means any knowing act to solicit, | 21 | | entice, tempt, or attempt to attract the minor.
| 22 | | (3) "Lawful custodian" means a person or persons | 23 | | granted legal custody
of a child or entitled to physical |
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| 1 | | possession of a child pursuant to a
court order. It is | 2 | | presumed that, when the parties have never been
married to | 3 | | each other, the mother has legal custody of the child | 4 | | unless a
valid court order states otherwise. If an | 5 | | adjudication of paternity has
been completed and the father | 6 | | has been assigned support obligations or
visitation | 7 | | rights, such a paternity order should, for the purposes of | 8 | | this
Section, be considered a valid court order granting | 9 | | custody to the mother.
| 10 | | (4) "Putative father" means a man who has a reasonable | 11 | | belief that he is the father of a child born of a woman who | 12 | | is not his wife. | 13 | | (5) "Unlawful purpose" means any misdemeanor or felony | 14 | | violation of State law or a similar federal or sister state | 15 | | law or local ordinance. | 16 | | (b) A person commits the offense of child abduction when he | 17 | | or she does any one of the following:
| 18 | | (1) Intentionally violates any terms of a valid court | 19 | | order granting
sole or joint custody, care, or possession | 20 | | to another by concealing or
detaining the child or removing | 21 | | the child from the jurisdiction of the
court.
| 22 | | (2) Intentionally violates a court order prohibiting | 23 | | the person from
concealing or detaining the child or | 24 | | removing the child
from the jurisdiction of the court.
| 25 | | (3) Intentionally conceals, detains, or removes the | 26 | | child without the
consent of the mother or lawful custodian |
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| 1 | | of the child if the person is a
putative father and either: | 2 | | (A) the paternity of the child has not been
legally | 3 | | established or (B) the paternity of the child has been | 4 | | legally
established but no orders relating to custody have | 5 | | been entered. Notwithstanding the presumption created by | 6 | | paragraph (3) of subsection (a),
however, a mother commits | 7 | | child abduction when she intentionally conceals or removes
| 8 | | a child, whom she has abandoned or relinquished custody of, | 9 | | from an
unadjudicated father who has provided sole ongoing | 10 | | care and custody of the
child in her absence.
| 11 | | (4) Intentionally conceals or removes the child from a | 12 | | parent after
filing a petition or being served with process | 13 | | in an action affecting
marriage or paternity but prior to | 14 | | the issuance of a temporary or final
order determining | 15 | | custody.
| 16 | | (5) At the expiration of visitation rights outside the | 17 | | State,
intentionally fails or refuses to return or impedes | 18 | | the return of the child
to the lawful custodian in | 19 | | Illinois.
| 20 | | (6) Being a parent of the child, and if the parents of | 21 | | that child
are or have been married and there has been no | 22 | | court order of custody,
knowingly conceals the child for 15 | 23 | | days, and fails to make reasonable attempts
within the | 24 | | 15-day period to notify the other parent as to the specific
| 25 | | whereabouts of the child, including a means by which to | 26 | | contact the child,
or to arrange reasonable visitation or |
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| 1 | | contact with the child. It is not a
violation of this | 2 | | Section for a person fleeing domestic violence to take
the | 3 | | child with him or her to housing provided by a domestic | 4 | | violence program.
| 5 | | (7) Being a parent of the child, and if the parents of | 6 | | the child
are or have been married and there has been no | 7 | | court order of
custody, knowingly conceals, detains, or | 8 | | removes the child with physical force or
threat of physical | 9 | | force.
| 10 | | (8) Knowingly conceals, detains, or removes the child | 11 | | for payment or promise of
payment at the instruction of a | 12 | | person who has no legal right to custody.
| 13 | | (9) Knowingly retains in this State for 30 days a child | 14 | | removed from another state
without the consent of the | 15 | | lawful custodian or in violation of a valid
court order of | 16 | | custody.
| 17 | | (10) Intentionally lures or attempts to lure a child : | 18 | | (A) under the age of 17 or (B) while traveling to or from a | 19 | | primary or secondary school 16
into a motor vehicle, | 20 | | building, housetrailer, or dwelling place without the
| 21 | | consent of the child's parent or lawful custodian for other | 22 | | than a lawful purpose. For the purposes of this item (10), | 23 | | the trier of fact may infer that luring
or attempted luring | 24 | | of a child under the age of 17 16 into a motor vehicle,
| 25 | | building, housetrailer, or dwelling place without the | 26 | | express consent of the child's parent
or lawful custodian |
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| 1 | | or with the intent to avoid the express consent of the | 2 | | child's parent or lawful custodian was for other
than a | 3 | | lawful purpose.
| 4 | | (11) With the intent to obstruct or prevent efforts to | 5 | | locate the child victim of a child abduction, knowingly | 6 | | destroys, alters, conceals, or disguises physical evidence | 7 | | or furnishes false information. | 8 | | (c) It is an affirmative defense to subsections (b)(1) | 9 | | through (b)(10) of this Section that:
| 10 | | (1) the person had custody of the child pursuant to a | 11 | | court order
granting legal custody or visitation rights | 12 | | that existed at the time of
the alleged violation;
| 13 | | (2) the person had physical custody of the child | 14 | | pursuant to a court
order granting legal custody or | 15 | | visitation rights and failed to return the
child as a | 16 | | result of circumstances beyond his or her control, and the
| 17 | | person notified and disclosed to the other parent or legal | 18 | | custodian the
specific whereabouts of the child and a means | 19 | | by which the child could be
contacted or made a reasonable | 20 | | attempt to notify the other parent or lawful
custodian of | 21 | | the child of those circumstances and made the disclosure
| 22 | | within 24 hours after the visitation period had expired and | 23 | | returned the
child as soon as possible;
| 24 | | (3) the person was fleeing an incidence or pattern of | 25 | | domestic violence; or
| 26 | | (4) the person lured or attempted to lure a child under |
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| 1 | | the age of 17 16
into a motor vehicle, building, | 2 | | housetrailer, or dwelling place for a
lawful purpose in | 3 | | prosecutions under paragraph (10) of subsection (b).
| 4 | | (d) A person convicted of child abduction under this | 5 | | Section is guilty of
a Class 4 felony. A person convicted of | 6 | | child abduction under subsection (b)(10) shall undergo a sex | 7 | | offender evaluation prior to a sentence being imposed. A person | 8 | | convicted of a second or subsequent violation of
paragraph (10) | 9 | | of subsection (b) of this Section is guilty of a Class 3
| 10 | | felony. A person convicted of child abduction under subsection | 11 | | (b)(10) when the person has a prior conviction of a sex offense | 12 | | as defined in the Sex Offender Registration Act or any | 13 | | substantially similar federal, Uniform Code of Military | 14 | | Justice, sister state, or foreign government offense is guilty | 15 | | of a Class 2 felony. It is a factor in aggravation under | 16 | | subsections (b)(1) through (b)(10) of this Section for which a | 17 | | court
may impose a more severe sentence under Section 5-8-1 | 18 | | (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified | 19 | | Code
of Corrections if, upon sentencing, the court finds | 20 | | evidence of any of the
following aggravating factors:
| 21 | | (1) that the defendant abused or neglected the child | 22 | | following the
concealment, detention, or removal of the | 23 | | child;
| 24 | | (2) that the defendant inflicted or threatened to | 25 | | inflict physical harm
on a parent or lawful custodian of | 26 | | the child or on the child with intent to
cause that parent |
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| 1 | | or lawful custodian to discontinue criminal prosecution
of | 2 | | the defendant under this Section;
| 3 | | (3) that the defendant demanded payment in exchange for | 4 | | return of the
child or demanded that he or she be relieved | 5 | | of the financial or legal
obligation to support the child | 6 | | in exchange for return of the child;
| 7 | | (4) that the defendant has previously been convicted of | 8 | | child abduction;
| 9 | | (5) that the defendant committed the abduction while | 10 | | armed with a deadly
weapon or the taking of the child | 11 | | resulted in serious bodily injury to
another; or
| 12 | | (6) that the defendant committed the abduction while in | 13 | | a school,
regardless of the time of day or time of year; in | 14 | | a playground; on any
conveyance owned,
leased, or | 15 | | contracted by a school to transport students to or from | 16 | | school or a
school related activity; on the real property | 17 | | of a school;
or on a
public way within 1,000 feet of the | 18 | | real property comprising any school or
playground. For | 19 | | purposes of this paragraph (6), "playground" means a piece
| 20 | | of land owned or controlled by a unit of local government | 21 | | that is designated by
the unit of local government for use | 22 | | solely or primarily for children's
recreation;
and | 23 | | "school" means a public or private
elementary or secondary | 24 | | school, community college, college, or university.
| 25 | | (e) The court may order the child to be returned to the | 26 | | parent or lawful
custodian from whom the child was concealed, |
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| 1 | | detained, or removed. In
addition to any sentence imposed, the | 2 | | court may assess any reasonable
expense incurred in searching | 3 | | for or returning the child against any
person convicted of | 4 | | violating this Section.
| 5 | | (f) Nothing contained in this Section shall be construed to | 6 | | limit the
court's contempt power.
| 7 | | (g) Every law enforcement officer investigating an alleged | 8 | | incident of
child abduction shall make a written police report | 9 | | of any bona fide
allegation and the disposition of that | 10 | | investigation. Every police report
completed pursuant to this | 11 | | Section shall be compiled and recorded within
the meaning of | 12 | | Section 5.1 of the Criminal Identification Act.
| 13 | | (h) Whenever a law enforcement officer has reasons to | 14 | | believe a child
abduction has occurred, she or he shall provide | 15 | | the lawful custodian a summary of
her or his rights under this | 16 | | Code, including the procedures and relief
available to her or | 17 | | him.
| 18 | | (i) If during the course of an investigation under this
| 19 | | Section the child is found in the physical custody of the | 20 | | defendant or
another, the law enforcement officer shall return | 21 | | the child to the parent
or lawful custodian from whom the child | 22 | | was concealed, detained, or removed,
unless there is good cause | 23 | | for the law enforcement officer or the
Department of Children | 24 | | and Family Services to retain temporary protective
custody of | 25 | | the child pursuant to the Abused and Neglected Child Reporting
| 26 | | Act.
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| 1 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; | 2 | | 97-160, eff. 1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
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