Full Text of HB5520 94th General Assembly
HB5520 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5520
Introduced 1/27/2006, by Rep. Aaron Schock SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/10-5 |
from Ch. 38, par. 10-5 |
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Amends the Criminal Code of 1961. Provides that the offense of child abduction also includes intentionally luring or attempting to lure a child under the age of 16
into an aircraft, watercraft, or isolated area without the
consent of the parent or lawful custodian of the child for other than a lawful purpose. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5520 |
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LRB094 16437 RLC 51697 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 10-5 as follows:
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| (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
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| Sec. 10-5. Child Abduction.
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| (a) For purposes of this Section, the following terms shall | 9 |
| have
the following meanings:
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| (1) "Child" means a person under the age of 18 or a
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| severely or profoundly mentally retarded person at the time | 12 |
| the alleged
violation occurred; and
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| (2) "Detains" means taking or retaining physical | 14 |
| custody of a child,
whether or not the child resists or | 15 |
| objects; and
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| (3) "Lawful custodian" means a person or persons | 17 |
| granted legal custody
of a child or entitled to physical | 18 |
| possession of a child pursuant to a
court order. It is | 19 |
| presumed that, when the parties have never been
married to | 20 |
| each other, the mother has legal custody of the child | 21 |
| unless a
valid court order states otherwise. If an | 22 |
| adjudication of paternity has
been completed and the father | 23 |
| has been assigned support obligations or
visitation | 24 |
| rights, such a paternity order should, for the purposes of | 25 |
| this
Section be considered a valid court order granting | 26 |
| custody to the mother.
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| (b) A person commits child abduction when he or she:
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| (1) Intentionally violates any terms of a valid court | 29 |
| order granting
sole or joint custody, care or possession to | 30 |
| another, by concealing or
detaining the child or removing | 31 |
| the child from the jurisdiction of the
court; or
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| (2) Intentionally violates a court order prohibiting |
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LRB094 16437 RLC 51697 b |
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| the person from
concealing or detaining the child or | 2 |
| removing the child
from the jurisdiction of the court; or
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| (3) Intentionally conceals, detains or removes the | 4 |
| child without the
consent of the mother or lawful custodian | 5 |
| of the child if the person is a
putative father and either: | 6 |
| (A) the paternity of the child has not been
legally | 7 |
| established or (B) the paternity of the child has been | 8 |
| legally
established but no orders relating to custody have | 9 |
| been entered. However,
notwithstanding the presumption | 10 |
| created by paragraph (3) of subsection (a),
a mother | 11 |
| commits child abduction when she intentionally conceals or | 12 |
| removes
a child, whom she has abandoned or relinquished | 13 |
| custody of, from an
unadjudicated father who has provided | 14 |
| sole ongoing care and custody of the
child in her absence; | 15 |
| or
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| (4) Intentionally conceals or removes the child from a | 17 |
| parent after
filing a petition or being served with process | 18 |
| in an action affecting
marriage or paternity but prior to | 19 |
| the issuance of a temporary or final
order determining | 20 |
| custody; or
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| (5) At the expiration of visitation rights outside the | 22 |
| State,
intentionally fails or refuses to return or impedes | 23 |
| the return of the child
to the lawful custodian in | 24 |
| Illinois; or
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| (6) Being a parent of the child, and where the parents | 26 |
| of such child
are or have been married and there has been | 27 |
| no court order of custody,
conceals the child for 15 days, | 28 |
| and fails to make reasonable attempts
within the 15 day | 29 |
| period to notify the other parent as to the specific
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| whereabouts of the child, including a means by which to | 31 |
| contact such child,
or to arrange reasonable visitation or | 32 |
| contact with the child. It is not a
violation of this | 33 |
| Section for a person fleeing domestic violence to take
the | 34 |
| child with him or her to housing provided by a domestic | 35 |
| violence program; or
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| (7) Being a parent of the child, and where the parents |
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LRB094 16437 RLC 51697 b |
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| of the child
are or have been married and there has been no | 2 |
| court order of
custody, conceals, detains, or removes the | 3 |
| child with physical force or
threat of physical force; or
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| (8) Conceals, detains, or removes the child for payment | 5 |
| or promise of
payment at the instruction of a person who | 6 |
| has no legal right to custody; or
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| (9) Retains in this State for 30 days a child removed | 8 |
| from another state
without the consent of the lawful | 9 |
| custodian or in violation of a valid
court order of | 10 |
| custody; or
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| (10) Intentionally lures or attempts to lure a child | 12 |
| under the age of 16
into a motor vehicle, aircraft, | 13 |
| watercraft, isolated area, building, housetrailer, or | 14 |
| dwelling place without the
consent of the parent or lawful | 15 |
| custodian of the child for other than a lawful purpose.
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| For the purposes of this subsection (b), paragraph (10), | 17 |
| the luring
or attempted luring of a child under the age of 16 | 18 |
| into a motor vehicle,
aircraft, watercraft, isolated area,
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| building, housetrailer, or dwelling place without the consent | 20 |
| of the parent
or lawful custodian of the child shall be prima | 21 |
| facie evidence of other
than a lawful purpose.
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| (c) It shall be an affirmative defense that:
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| (1) The person had custody of the child pursuant to a | 24 |
| court order
granting legal custody or visitation rights | 25 |
| which existed at the time of
the alleged violation; or
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| (2) The person had physical custody of the child | 27 |
| pursuant to a court
order granting legal custody or | 28 |
| visitation rights and failed to return the
child as a | 29 |
| result of circumstances beyond his or her control, and the
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| person notified and disclosed to the other parent or legal | 31 |
| custodian the
specific whereabouts of the child and a means | 32 |
| by which such child can be
contacted or made a reasonable | 33 |
| attempt to notify the other parent or lawful
custodian of | 34 |
| the child of such circumstances and make such disclosure
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| within 24 hours after the visitation period had expired and | 36 |
| returned the
child as soon as possible; or
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| (3) The person was fleeing an incidence or pattern of | 2 |
| domestic violence; or
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| (4) The person lured or attempted to lure a child under | 4 |
| the age of 16
into a motor vehicle, aircraft, watercraft, | 5 |
| isolated area, building, housetrailer, or dwelling place | 6 |
| for a
lawful purpose in prosecutions under subsection (b), | 7 |
| paragraph (10).
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| (d) A person convicted of child abduction under this | 9 |
| Section is guilty of
a Class 4 felony. A person convicted of a | 10 |
| second or subsequent violation of
paragraph (10) of subsection | 11 |
| (b) of this Section is guilty of a Class 3
felony. It shall be a | 12 |
| factor in aggravation for which a court
may impose a more | 13 |
| severe sentence under Section 5-8-1 of the Unified Code
of | 14 |
| Corrections, if upon sentencing the court finds evidence of any | 15 |
| of the
following aggravating factors:
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| (1) that the defendant abused or neglected the child | 17 |
| following the
concealment, detention or removal of the | 18 |
| child; or
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| (2) that the defendant inflicted or threatened to | 20 |
| inflict physical harm
on a parent or lawful custodian of | 21 |
| the child or on the child with intent to
cause such parent | 22 |
| or lawful custodian to discontinue criminal prosecution
of | 23 |
| the defendant under this Section; or
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| (3) that the defendant demanded payment in exchange for | 25 |
| return of the
child or demanded that he or she be relieved | 26 |
| of the financial or legal
obligation to support the child | 27 |
| in exchange for return of the child; or
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| (4) that the defendant has previously been convicted of | 29 |
| child abduction;
or
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| (5) that the defendant committed the abduction while | 31 |
| armed with a deadly
weapon or the taking of the child | 32 |
| resulted in serious bodily injury to
another; or
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| (6) that the defendant committed the abduction while in | 34 |
| a school,
regardless of the time of day or time of year; in | 35 |
| a playground; on any
conveyance owned,
leased, or | 36 |
| contracted by a school to transport students to or from |
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LRB094 16437 RLC 51697 b |
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| school or a
school related activity; on the real property | 2 |
| of a school;
or on a
public way within 1,000 feet of the | 3 |
| real property comprising any school or
playground. For | 4 |
| purposes of this paragraph (6), "playground" means a piece
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| of land owned or controlled by a unit of local government | 6 |
| that is designated by
the unit of local government for use | 7 |
| solely or primarily for children's
recreation;
and | 8 |
| "school" means a public or private
elementary or secondary | 9 |
| school, community college, college, or university.
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| (e) The court may order the child to be returned to the | 11 |
| parent or lawful
custodian from whom the child was concealed, | 12 |
| detained or removed. In
addition to any sentence imposed, the | 13 |
| court may assess any reasonable
expense incurred in searching | 14 |
| for or returning the child against any
person convicted of | 15 |
| violating this Section.
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| (f) Nothing contained in this Section shall be construed to | 17 |
| limit the
court's contempt power.
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| (g) Every law enforcement officer investigating an alleged | 19 |
| incident of
child abduction shall make a written police report | 20 |
| of any bona fide
allegation and the disposition of such | 21 |
| investigation. Every police report
completed pursuant to this | 22 |
| Section shall be compiled and recorded within
the meaning of | 23 |
| Section 5.1 of "An Act in relation to criminal
identification | 24 |
| and investigation", approved July 2, 1931, as now or hereafter
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| amended.
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| (h) Whenever a law enforcement officer has reasons to | 27 |
| believe a child
abduction has occurred, he shall provide the | 28 |
| lawful custodian a summary of
her or his rights under this Act, | 29 |
| including the procedures and relief
available to her or him.
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| (i) If during the course of an investigation under this
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| Section the child is found in the physical custody of the | 32 |
| defendant or
another, the law enforcement officer shall return | 33 |
| the child to the parent
or lawful custodian from whom the child | 34 |
| was concealed, detained or removed,
unless there is good cause | 35 |
| for the law enforcement officer or the
Department of Children | 36 |
| and Family Services to retain temporary protective
custody of |
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LRB094 16437 RLC 51697 b |
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| the child pursuant to the Abused and Neglected Child Reporting
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| Act, as now or hereafter amended.
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| (Source: P.A. 92-434, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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