Sen. Ira I. Silverstein
Filed: 4/16/2013
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1618 




2    AMENDMENT NO. ______. Amend Senate Bill 1618 by replacing 
3everything after the enacting clause with the following:


 
4    "Section 5. The Criminal Code of 2012 is amended by adding 
5Section 11-9.1B as follows:
 
6    (720 ILCS 5/11-9.1B new)
7    Sec. 11-9.1B. Failure to report sexual abuse of a child.
8    
(a) For the purposes of this Section:
9        "Child" means any person under the age of 13.
10        "Sexual abuse" means a sexual act as defined in 
11    subsection (b) of Section 11-9.1 of this Code, sexual 
12    conduct as defined in Section 11-0.1 of this Code, or 
13    sexual penetration as defined in Section 11-0.1 of this 
14    Code.
15    (b) A person commits failure to report sexual abuse of a 
16child when he or she:
 
 
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1        (1)  is over the age of 18 and personally observes 
2    sexual abuse, between a person who he or she knows is over 
3    the age of 18 and a person he or she knows is a child; and
4        (2)  knowingly fails to report the sexual abuse to law 
5    enforcement.
6    (c) This Section does not apply to a person who makes 
7timely and reasonable efforts to stop the sexual abuse by 
8reporting the sexual abuse in conformance with the Abused and 
9Neglected Child Reporting Act or by reporting the sexual abuse 
10or causing a report to be made, to medical or law enforcement 
11authorities or to a mandated reporter under Section 4 of the 
12Abused and Neglected Child Reporting Act.
13    (d)  A person may not be charged with the offense of failure 
14to report  sexual abuse of a child under this Section until the 
15person who committed the offense is charged with criminal 
16sexual assault, aggravated criminal sexual assault, predatory 
17criminal sexual assault of a child, criminal sexual abuse, 
18aggravated criminal sexual abuse, child pornography, or sexual 
19exploitation of a child.
20    (e) It is an affirmative defense to a charge of failure to 
21report sexual abuse of a child under this Section that the 
22person who personally observed the sexual abuse had a 
23reasonable apprehension that timely action to stop the abuse 
24would result in the imminent infliction of death, great bodily 
25harm, permanent disfigurement, or permanent disability to 
26himself or herself or another in retaliation for reporting.
 
 
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1    (f)  Sentence.  A person who violates this Section is guilty 
2of a Class A misdemeanor for the first violation and a Class 4 
3felony for a second or subsequent violation.".