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90_HB0379sam001
LRB9001797RCpcam
1 AMENDMENT TO HOUSE BILL 379
2 AMENDMENT NO. . Amend House Bill 379, on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to criminal law."; and
5 on page 1, by inserting between lines 4 and 5 the following:
6 "Section 2. The Criminal Code of 1961 is amended by
7 changing Section 10-5 as follows:
8 (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
9 Sec. 10-5. Child Abduction.
10 (a) For purposes of this Section, the following terms
11 shall have the following meanings:
12 (1) "Child" means a person under the age of 18 or
13 an institutionalized severely or profoundly mentally
14 retarded person at the time the alleged violation
15 occurred; and
16 (2) "Detains" means taking or retaining physical
17 custody of a child, whether or not the child resists or
18 objects; and
19 (3) "Lawful custodian" means a person or persons
20 granted legal custody of a child or entitled to physical
21 possession of a child pursuant to a court order. It is
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1 presumed that, when the parties have never been married
2 to each other, the mother has legal custody of the child
3 unless a valid court order states otherwise. If an
4 adjudication of paternity has been completed and the
5 father has been assigned support obligations or
6 visitation rights, such a paternity order should, for the
7 purposes of this Section be considered a valid court
8 order granting custody to the mother.
9 (b) A person commits child abduction when he or she:
10 (1) Intentionally violates any terms of a valid
11 court order granting sole or joint custody, care or
12 possession to another, by concealing or detaining the
13 child or removing the child from the jurisdiction of the
14 court; or
15 (2) Intentionally violates a court order
16 prohibiting the person from concealing or detaining the
17 child or removing the child from the jurisdiction of the
18 court; or
19 (3) Intentionally conceals, detains or removes the
20 child without the consent of the mother or lawful
21 custodian of the child if the person is a putative father
22 and either: (A) the paternity of the child has not been
23 legally established or (B) the paternity of the child has
24 been legally established but no orders relating to
25 custody have been entered. However, notwithstanding the
26 presumption created by paragraph (3) of subsection (a), a
27 mother commits child abduction when she intentionally
28 conceals or removes a child, whom she has abandoned or
29 relinquished custody of, from an unadjudicated father who
30 has provided sole ongoing care and custody of the child
31 in her absence; or
32 (4) Intentionally conceals or removes the child
33 from a parent after filing a petition or being served
34 with process in an action affecting marriage or paternity
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1 but prior to the issuance of a temporary or final order
2 determining custody; or
3 (5) At the expiration of visitation rights outside
4 the State, intentionally fails or refuses to return or
5 impedes the return of the child to the lawful custodian
6 in Illinois; or
7 (6) Being a parent of the child, and where the
8 parents of such child are or have been married and there
9 has been no court order of custody, conceals the child
10 for 15 days, and fails to make reasonable attempts within
11 the 15 day period to notify the other parent as to the
12 specific whereabouts of the child, including a means by
13 which to contact such child, or to arrange reasonable
14 visitation or contact with the child. It is not a
15 violation of this Section for a person fleeing domestic
16 violence to take the child with him or her to housing
17 provided by a domestic violence program; or
18 (7) Being a parent of the child, and where the
19 parents of the child are or have been married and there
20 has been no court order of custody, conceals, detains, or
21 removes the child with physical force or threat of
22 physical force; or
23 (8) Conceals, detains, or removes the child for
24 payment or promise of payment at the instruction of a
25 person who has no legal right to custody; or
26 (9) Retains in this State for 30 days a child
27 removed from another state without the consent of the
28 lawful custodian or in violation of a valid court order
29 of custody; or
30 (10) Intentionally lures or attempts to lure a
31 child under the age of 16 into a motor vehicle, building,
32 housetrailer, or dwelling place without the consent of
33 the parent or lawful custodian of the child for other
34 than a lawful purpose.
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1 For the purposes of this subsection (b), paragraph (10),
2 the luring or attempted luring of a child under the age of 16
3 into a motor vehicle, building, housetrailer, or dwelling
4 place without the consent of the parent or lawful custodian
5 of the child shall be prima facie evidence of other than a
6 lawful purpose.
7 (c) It shall be an affirmative defense that:
8 (1) The person had custody of the child pursuant to
9 a court order granting legal custody or visitation rights
10 which existed at the time of the alleged violation; or
11 (2) The person had physical custody of the child
12 pursuant to a court order granting legal custody or
13 visitation rights and failed to return the child as a
14 result of circumstances beyond his or her control, and
15 the person notified and disclosed to the other parent or
16 legal custodian the specific whereabouts of the child and
17 a means by which such child can be contacted or made a
18 reasonable attempt to notify the other parent or lawful
19 custodian of the child of such circumstances and make
20 such disclosure within 24 hours after the visitation
21 period had expired and returned the child as soon as
22 possible; or
23 (3) The person was fleeing an incidence or pattern
24 of domestic violence; or
25 (4) The person lured or attempted to lure a child
26 under the age of 16 into a motor vehicle, building,
27 housetrailer, or dwelling place for a lawful purpose in
28 prosecutions under subsection (b), paragraph (10).
29 (d) A person convicted of child abduction under this
30 Section is guilty of a Class 4 felony. A person convicted of
31 a second or subsequent violation of paragraph (10) of
32 subsection (b) of this Section is guilty of a Class 3 felony.
33 It shall be a factor in aggravation for which a court may
34 impose a more severe sentence under Section 5-8-1 of the
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1 Unified Code of Corrections, if upon sentencing the court
2 finds evidence of any of the following aggravating factors:
3 (1) that the defendant abused or neglected the
4 child following the concealment, detention or removal of
5 the child; or
6 (2) that the defendant inflicted or threatened to
7 inflict physical harm on a parent or lawful custodian of
8 the child or on the child with intent to cause such
9 parent or lawful custodian to discontinue criminal
10 prosecution of the defendant under this Section; or
11 (3) that the defendant demanded payment in exchange
12 for return of the child or demanded that he or she be
13 relieved of the financial or legal obligation to support
14 the child in exchange for return of the child; or
15 (4) that the defendant has previously been
16 convicted of child abduction; or
17 (5) that the defendant committed the abduction
18 while armed with a deadly weapon or the taking of the
19 child resulted in serious bodily injury to another; or .
20 (6) that the defendant committed the abduction
21 while in a school, regardless of the time of day or time
22 of year; in a playground; on any conveyance owned,
23 leased, or contracted by a school to transport students
24 to or from school or a school related activity; on the
25 real property of a school; or on a public way within
26 1,000 feet of the real property comprising any school or
27 playground. For purposes of this paragraph (6),
28 "playground" means a piece of land owned or controlled by
29 a unit of local government that is designated by the unit
30 of local government for use solely or primarily for
31 children's recreation; and "school" means a public or
32 private elementary or secondary school, community
33 college, college, or university.
34 (e) The court may order the child to be returned to the
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1 parent or lawful custodian from whom the child was concealed,
2 detained or removed. In addition to any sentence imposed,
3 the court may assess any reasonable expense incurred in
4 searching for or returning the child against any person
5 convicted of violating this Section.
6 (f) Nothing contained in this Section shall be construed
7 to limit the court's contempt power.
8 (g) Every law enforcement officer investigating an
9 alleged incident of child abduction shall make a written
10 police report of any bona fide allegation and the disposition
11 of such investigation. Every police report completed
12 pursuant to this Section shall be compiled and recorded
13 within the meaning of Section 5.1 of "An Act in relation to
14 criminal identification and investigation", approved July 2,
15 1931, as now or hereafter amended.
16 (h) Whenever a law enforcement officer has reasons to
17 believe a child abduction has occurred, he shall provide the
18 lawful custodian a summary of her or his rights under this
19 Act, including the procedures and relief available to her or
20 him.
21 (i) If during the course of an investigation under this
22 Section the child is found in the physical custody of the
23 defendant or another, the law enforcement officer shall
24 return the child to the parent or lawful custodian from whom
25 the child was concealed, detained or removed, unless there is
26 good cause for the law enforcement officer or the Department
27 of Children and Family Services to retain temporary
28 protective custody of the child pursuant to the Abused and
29 Neglected Child Reporting Act, as now or hereafter amended.
30 (Source: P.A. 85-1440; 86-312.)".