Illinois General Assembly - Full Text of HB4296
Illinois General Assembly

Previous General Assemblies

Full Text of HB4296  100th General Assembly

HB4296 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4296

 

Introduced 1/22/2018, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-3  from Ch. 37, par. 802-3
720 ILCS 5/12C-10  was 720 ILCS 5/12-21.5

    Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor under the age of 12 (rather than 14) years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Amends the Criminal Code of 2012. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 12 (rather than 13) without supervision by a responsible person over the age of 14 for a period of 24 hours or more.


LRB100 15460 SLF 30465 b

 

 

A BILL FOR

 

HB4296LRB100 15460 SLF 30465 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-3 as follows:
 
6    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
7    Sec. 2-3. Neglected or abused minor.
8    (1) Those who are neglected include:
9        (a) any minor under 18 years of age who is not
10    receiving the proper or necessary support, education as
11    required by law, or medical or other remedial care
12    recognized under State law as necessary for a minor's
13    well-being, or other care necessary for his or her
14    well-being, including adequate food, clothing and shelter,
15    or who is abandoned by his or her parent or parents or
16    other person or persons responsible for the minor's
17    welfare, except that a minor shall not be considered
18    neglected for the sole reason that the minor's parent or
19    parents or other person or persons responsible for the
20    minor's welfare have left the minor in the care of an adult
21    relative for any period of time, who the parent or parents
22    or other person responsible for the minor's welfare know is
23    both a mentally capable adult relative and physically

 

 

HB4296- 2 -LRB100 15460 SLF 30465 b

1    capable adult relative, as defined by this Act; or
2        (b) any minor under 18 years of age whose environment
3    is injurious to his or her welfare; or
4        (c) any newborn infant whose blood, urine, or meconium
5    contains any amount of a controlled substance as defined in
6    subsection (f) of Section 102 of the Illinois Controlled
7    Substances Act, as now or hereafter amended, or a
8    metabolite of a controlled substance, with the exception of
9    controlled substances or metabolites of such substances,
10    the presence of which in the newborn infant is the result
11    of medical treatment administered to the mother or the
12    newborn infant; or
13        (d) any minor under the age of 12 14 years whose parent
14    or other person responsible for the minor's welfare leaves
15    the minor without supervision for an unreasonable period of
16    time without regard for the mental or physical health,
17    safety, or welfare of that minor; or
18        (e) any minor who has been provided with interim crisis
19    intervention services under Section 3-5 of this Act and
20    whose parent, guardian, or custodian refuses to permit the
21    minor to return home unless the minor is an immediate
22    physical danger to himself, herself, or others living in
23    the home.
24    Whether the minor was left without regard for the mental or
25physical health, safety, or welfare of that minor or the period
26of time was unreasonable shall be determined by considering the

 

 

HB4296- 3 -LRB100 15460 SLF 30465 b

1following factors, including but not limited to:
2        (1) the age of the minor;
3        (2) the number of minors left at the location;
4        (3) special needs of the minor, including whether the
5    minor is a person with a physical or mental disability, or
6    otherwise in need of ongoing prescribed medical treatment
7    such as periodic doses of insulin or other medications;
8        (4) the duration of time in which the minor was left
9    without supervision;
10        (5) the condition and location of the place where the
11    minor was left without supervision;
12        (6) the time of day or night when the minor was left
13    without supervision;
14        (7) the weather conditions, including whether the
15    minor was left in a location with adequate protection from
16    the natural elements such as adequate heat or light;
17        (8) the location of the parent or guardian at the time
18    the minor was left without supervision, the physical
19    distance the minor was from the parent or guardian at the
20    time the minor was without supervision;
21        (9) whether the minor's movement was restricted, or the
22    minor was otherwise locked within a room or other
23    structure;
24        (10) whether the minor was given a phone number of a
25    person or location to call in the event of an emergency and
26    whether the minor was capable of making an emergency call;

 

 

HB4296- 4 -LRB100 15460 SLF 30465 b

1        (11) whether there was food and other provision left
2    for the minor;
3        (12) whether any of the conduct is attributable to
4    economic hardship or illness and the parent, guardian or
5    other person having physical custody or control of the
6    child made a good faith effort to provide for the health
7    and safety of the minor;
8        (13) the age and physical and mental capabilities of
9    the person or persons who provided supervision for the
10    minor;
11        (14) whether the minor was left under the supervision
12    of another person;
13        (15) any other factor that would endanger the health
14    and safety of that particular minor.
15    A minor shall not be considered neglected for the sole
16reason that the minor has been relinquished in accordance with
17the Abandoned Newborn Infant Protection Act.
18    (2) Those who are abused include any minor under 18 years
19of age whose parent or immediate family member, or any person
20responsible for the minor's welfare, or any person who is in
21the same family or household as the minor, or any individual
22residing in the same home as the minor, or a paramour of the
23minor's parent:
24        (i) inflicts, causes to be inflicted, or allows to be
25    inflicted upon such minor physical injury, by other than
26    accidental means, which causes death, disfigurement,

 

 

HB4296- 5 -LRB100 15460 SLF 30465 b

1    impairment of physical or emotional health, or loss or
2    impairment of any bodily function;
3        (ii) creates a substantial risk of physical injury to
4    such minor by other than accidental means which would be
5    likely to cause death, disfigurement, impairment of
6    emotional health, or loss or impairment of any bodily
7    function;
8        (iii) commits or allows to be committed any sex offense
9    against such minor, as such sex offenses are defined in the
10    Criminal Code of 1961 or the Criminal Code of 2012, or in
11    the Wrongs to Children Act, and extending those definitions
12    of sex offenses to include minors under 18 years of age;
13        (iv) commits or allows to be committed an act or acts
14    of torture upon such minor;
15        (v) inflicts excessive corporal punishment;
16        (vi) commits or allows to be committed the offense of
17    involuntary servitude, involuntary sexual servitude of a
18    minor, or trafficking in persons as defined in Section 10-9
19    of the Criminal Code of 1961 or the Criminal Code of 2012,
20    upon such minor; or
21        (vii) allows, encourages or requires a minor to commit
22    any act of prostitution, as defined in the Criminal Code of
23    1961 or the Criminal Code of 2012, and extending those
24    definitions to include minors under 18 years of age.
25    A minor shall not be considered abused for the sole reason
26that the minor has been relinquished in accordance with the

 

 

HB4296- 6 -LRB100 15460 SLF 30465 b

1Abandoned Newborn Infant Protection Act.
2    (3) This Section does not apply to a minor who would be
3included herein solely for the purpose of qualifying for
4financial assistance for himself, his parents, guardian or
5custodian.
6(Source: P.A. 99-143, eff. 7-27-15.)
 
7    Section 10. The Criminal Code of 2012 is amended by
8changing Section 12C-10 as follows:
 
9    (720 ILCS 5/12C-10)   (was 720 ILCS 5/12-21.5)
10    Sec. 12C-10. Child abandonment.
11    (a) A person commits child abandonment when he or she, as a
12parent, guardian, or other person having physical custody or
13control of a child, without regard for the mental or physical
14health, safety, or welfare of that child, knowingly leaves that
15child who is under the age of 12 13 without supervision by a
16responsible person over the age of 14 for a period of 24 hours
17or more. It is not a violation of this Section for a person to
18relinquish a child in accordance with the Abandoned Newborn
19Infant Protection Act.
20    (b) For the purposes of determining whether the child was
21left without regard for the mental or physical health, safety,
22or welfare of that child, the trier of fact shall consider the
23following factors:
24        (1) the age of the child;

 

 

HB4296- 7 -LRB100 15460 SLF 30465 b

1        (2) the number of children left at the location;
2        (3) special needs of the child, including whether the
3    child is a person with a physical or mental disability, or
4    otherwise in need of ongoing prescribed medical treatment
5    such as periodic doses of insulin or other medications;
6        (4) the duration of time in which the child was left
7    without supervision;
8        (5) the condition and location of the place where the
9    child was left without supervision;
10        (6) the time of day or night when the child was left
11    without supervision;
12        (7) the weather conditions, including whether the
13    child was left in a location with adequate protection from
14    the natural elements such as adequate heat or light;
15        (8) the location of the parent, guardian, or other
16    person having physical custody or control of the child at
17    the time the child was left without supervision, the
18    physical distance the child was from the parent, guardian,
19    or other person having physical custody or control of the
20    child at the time the child was without supervision;
21        (9) whether the child's movement was restricted, or the
22    child was otherwise locked within a room or other
23    structure;
24        (10) whether the child was given a phone number of a
25    person or location to call in the event of an emergency and
26    whether the child was capable of making an emergency call;

 

 

HB4296- 8 -LRB100 15460 SLF 30465 b

1        (11) whether there was food and other provision left
2    for the child;
3        (12) whether any of the conduct is attributable to
4    economic hardship or illness and the parent, guardian or
5    other person having physical custody or control of the
6    child made a good faith effort to provide for the health
7    and safety of the child;
8        (13) the age and physical and mental capabilities of
9    the person or persons who provided supervision for the
10    child;
11        (14) any other factor that would endanger the health or
12    safety of that particular child;
13        (15) whether the child was left under the supervision
14    of another person.
15    (c) Child abandonment is a Class 4 felony. A second or
16subsequent offense after a prior conviction is a Class 3
17felony. A parent, who is found to be in violation of this
18Section with respect to his or her child, may be sentenced to
19probation for this offense pursuant to Section 12C-15.
20(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)