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Public Act 097-1079 | ||||
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AN ACT concerning criminal law, which may be referred to as | ||||
Caylee's 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 | ||||
Sections 12-9 and 31-4 and adding Section 10-10 as follows: | ||||
(720 ILCS 5/10-10 new) | ||||
Sec. 10-10. Failure to report the death or disappearance of | ||||
a child under 13 years of age. | ||||
(a) A parent, legal guardian, or caretaker
of a child under | ||||
13 years of age commits failure to report the death or | ||||
disappearance of a child under 13 years of age when he or she | ||||
knows or should know and fails to report the child as missing | ||||
or deceased to a law enforcement agency within 24 hours if the | ||||
parent, legal guardian, or caretaker reasonably believes that | ||||
the child is missing or deceased. In the case of a child under | ||||
the age of 2 years, the reporting requirement is reduced to no | ||||
more than one hour. | ||||
(b) A parent, legal guardian, or caretaker
of a child under | ||||
13 years of age must report the death of the child to the law | ||||
enforcement agency of the county where the child's corpse was | ||||
found if the parent, legal guardian, or caretaker reasonably | ||||
believes that the death of the child was caused by a homicide, |
accident, or other suspicious circumstance. | ||
(c) The Department of Children and Family Services
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Guardianship Administrator shall not personally be subject to | ||
the reporting requirements in subsection (a) or (b) of this | ||
Section. | ||
(d) A parent, legal guardian, or caretaker does not commit | ||
the offense of failure to report the death or disappearance of | ||
a child under 13 years of age when: | ||
(1) the failure to report is due to an act of God, act | ||
of war, or inability of a law enforcement agency to receive | ||
a report of the disappearance of a child; | ||
(2) the parent, legal guardian, or caretaker calls 911 | ||
to report the disappearance of the child; | ||
(3) the parent, legal guardian, or caretaker knows that | ||
the child is under the care of another parent, family | ||
member, relative, friend, or baby sitter; or | ||
(4) the parent, legal guardian, or caretaker is | ||
hospitalized, in a coma, or is otherwise seriously | ||
physically or mentally impaired as to prevent the person | ||
from reporting the death or disappearance. | ||
(e) Sentence. A violation of this Section is a Class 4 | ||
felony.
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(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
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Sec. 12-9. Threatening public officials.
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(a) A person commits threatening a public official when:
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(1) that person knowingly delivers or conveys, | ||
directly
or indirectly, to a public official by any means a | ||
communication:
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(i) containing a threat that would place
the public | ||
official or a member of his or her immediate family in | ||
reasonable
apprehension of immediate or future bodily | ||
harm, sexual assault, confinement,
or restraint; or
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(ii) containing a threat that would place the | ||
public official
or a member of his or her immediate | ||
family in reasonable apprehension that
damage will | ||
occur to property in the custody, care, or control of | ||
the public
official or his or her immediate family; and
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(2) the threat was conveyed because of the performance | ||
or nonperformance
of some public duty, because of hostility | ||
of the person making the threat
toward the status or | ||
position of the public official, or because of any
other | ||
factor related to the official's public existence.
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(a-5) For purposes of a threat to a sworn law enforcement | ||
officer, the threat must contain specific facts indicative of a | ||
unique threat to the person, family or property of the officer | ||
and not a generalized threat of harm.
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(a-6) For purposes of a threat to a social worker, | ||
caseworker, or investigator, the threat must contain specific | ||
facts indicative of a unique threat to the person, family or | ||
property of the individual and not a generalized threat of | ||
harm. |
(b) For purposes of this Section:
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(1) "Public official"
means a person who is elected to | ||
office in accordance with a statute or
who is appointed to | ||
an office which is established, and the qualifications
and | ||
duties of which are prescribed, by statute, to discharge a | ||
public duty
for the State or any of its political | ||
subdivisions or in the case of
an elective office any | ||
person who has filed the required documents for
nomination | ||
or election to such office. "Public official" includes a
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duly
appointed assistant State's Attorney, assistant | ||
Attorney General, or Appellate Prosecutor ; , and a sworn | ||
law enforcement or peace officer ; a social worker, | ||
caseworker, or investigator employed by the Department of | ||
Healthcare and Family Services, the Department of Human | ||
Services, or the Department of Children and Family | ||
Services .
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(2) "Immediate family" means a
public official's | ||
spouse or child or children.
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(c) Threatening a public official is a Class 3 felony for a
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first offense and a Class 2 felony for a second or subsequent | ||
offense.
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(Source: P.A. 95-466, eff. 6-1-08; 96-1551, eff. 7-1-11 .)
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(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
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Sec. 31-4. Obstructing justice.
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(a) A person obstructs justice when, with intent to prevent |
the apprehension
or obstruct the prosecution or defense of any | ||
person, he or she knowingly commits
any of the following acts:
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(1) (a) Destroys, alters, conceals or disguises | ||
physical evidence, plants
false evidence, furnishes false | ||
information; or
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(2) (b) Induces a witness having knowledge material to | ||
the subject at issue
to leave the State or conceal himself | ||
or herself ; or
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(3) (c) Possessing knowledge material to the subject at | ||
issue, he or she leaves the
State or conceals himself ; or | ||
(4) If a parent, legal guardian, or caretaker
of a | ||
child under 13 years of age reports materially false | ||
information to a law enforcement agency, medical examiner, | ||
coroner, State's Attorney, or other governmental agency | ||
during an investigation of the disappearance or death of a | ||
child under circumstances described in subsection (a) or | ||
(b) of Section 10-10 of this Code .
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(b) (d) Sentence.
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(1) Obstructing justice is a Class 4 felony, except as | ||
provided in
paragraph (2) of this subsection (b) (d) .
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(2) Obstructing justice in furtherance of streetgang | ||
related or
gang-related activity, as defined in Section 10 | ||
of the Illinois Streetgang
Terrorism Omnibus Prevention | ||
Act, is a Class 3 felony.
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(Source: P.A. 90-363, eff. 1-1-98.)
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