Sen. Rachelle Crowe
Filed: 3/28/2019
 
 

 

 

 
10100SB0414sam001LRB101 04188 SLF 58632 a



1
AMENDMENT TO SENATE BILL 414 




2    AMENDMENT NO. ______. Amend Senate Bill 414 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Criminal Code of 2012 is amended  by 
5changing Section 12C-5 as follows:
 



6    (720 ILCS 5/12C-5)
  (was 720 ILCS 5/12-21.6)


7    Sec. 12C-5. Endangering the life or health of a child. 

8    (a) A person commits endangering the life or health of a 
9child when he or she knowingly: (1) causes or permits the life 
10or
health of a child under the age of 18 to be endangered; or 
11(2) causes or permits a child to be placed in circumstances 
12that endanger the child's life
or health. It is not a violation 
13of this Section for a person to relinquish a child
in 
14accordance with the Abandoned Newborn Infant Protection Act.

15    (a-5) A person commits aggravated endangering the life or 
16health of a child when he or she knowingly and willfully 
 
 
10100SB0414sam001- 2 -LRB101 04188 SLF 58632 a

1deprives a child under the age of 18 of necessary food, 
2shelter, health care, or supervision appropriate to the age of 
3the child, when the person is reasonably able to make the 
4necessary provisions and which deprivation substantially harms 
5the child's physical, mental, or emotional health. In this 
6subsection (a-5), the failure to provide specific medical 
7treatment shall not alone be considered willful deprivation of 
8health care if the person can show that the treatment would 
9conflict with the tenets and practice of a recognized religious 
10denomination of which the person is an adherent or member. This 
11exception does not in any manner restrict the right of an 
12interested party to petition the court on behalf of the best 
13interest of the child. 
14    (b) A trier of fact may infer that a child 6 years of age or 
15younger is unattended if that child is left in a motor
vehicle 
16for more than 10 minutes.

17    (c) "Unattended" means either: (i) not accompanied by a 
18person 14 years
of age or older; or (ii) if accompanied by a 
19person 14 years of age or older,
out of sight of that person.

20    (d) Sentence. A violation of subsection (a) this Section is 
21a Class A misdemeanor.  A second or
subsequent violation of 
22subsection (a) this Section is a Class 3 felony.   A violation of

23subsection (a) this Section that is a proximate cause of the 
24death of the child is a Class
3 felony for which a person, if 
25sentenced to a term of imprisonment, shall
be sentenced to a 
26term of not less than 2 years and not more than 10 years. A 
 
 
10100SB0414sam001- 3 -LRB101 04188 SLF 58632 a

1violation of subsection (a-5) is a Class 4 felony. A parent, 
2who is found to be in violation of this Section with respect to 
3his or her child,  may be sentenced to probation for this 
4offense pursuant to Section 12C-15. 

5(Source: P.A. 97-1109, eff. 1-1-13.)".