HB3291 104TH GENERAL ASSEMBLY

LRB104 10016 RLC 20087 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3291

Introduced 2/18/2025, by Rep. Angelica Guerrero-Cuellar

SYNOPSIS AS INTRODUCED:

705 ILCS 405/2-3	from Ch. 37, par. 802-3
720 ILCS 150/1	from Ch. 23, par. 2351
720 ILCS 150/5	from Ch. 23, par. 2355

Amends the Juvenile Court Act of 1987. Provides that an abused minor includes a minor whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent who allows, encourages, or requires a minor to engage in panhandling with a person 18 years of age or older. Amends the Wrongs to Children Act. Provides that it is unlawful for a child under 18 years of age to engage in panhandling. Provides that a person 18 years of age or older who engages in panhandling with a person under 18 years of age shall be issued a citation by the peace officer who witnesses the violation. Provides that the officer's local law enforcement agency shall send a written or electronic notice to the Department of Children and Family Services that the person under 18 years of age is endangered by engaging in panhandling with a person 18 years years of age or older. Provides that any person 18 years of age or older who engages in panhandling with a person under 18 years of age is guilty of a Class B misdemeanor. Defines "citation" and "panhandling".

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by changing Section 2-3 as follows:

(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)

Sec. 2-3. Neglected or abused minor.

(1) Those who are neglected include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday:

(a) who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well-being, or other care necessary for the minor's well-being, including adequate food, clothing, and shelter, or who is abandoned by the minor's parent or parents or other person or persons responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or parents or other person or persons responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act; or

(b) whose environment is injurious to the minor's welfare; or

(c) who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the person who gave birth or the newborn infant; or

(d) 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. Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering factors including, but not limited to, the following:

(1) the age of the minor;

(2) the number of minors left at the location;

(3) the special needs of the minor, including whether the minor is a person with a physical or mental disability or is otherwise in need of ongoing prescribed medical treatment, such as periodic doses of insulin or other medications;

(4) the duration of time in which the minor was left without supervision;

(5) the condition and location of the place where the minor was left without supervision;

(6) the time of day or night when the minor was left without supervision;

(7) the weather conditions, including whether the minor was left in a location with adequate protection from the natural elements, such as adequate heat or light;

(8) the location of the parent or guardian at the time the minor was left without supervision and the physical distance the minor was from the parent or guardian at the time the minor was without supervision;

(9) whether the minor's movement was restricted or the minor was otherwise locked within a room or other structure;

(10) whether the minor was given a phone number of a person or location to call in the event of an emergency and whether the minor was capable of making an emergency call;

(11) whether there was food and other provision left for the minor;

(12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian, or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor;

(13) the age and physical and mental capabilities of the person or persons who provided supervision for the minor;

(14) whether the minor was left under the supervision of another person;

(15) any other factor that would endanger the health and safety of that particular minor; or

(e) who has been provided with interim crisis intervention services under Section 3-5 of this Act and whose parent, guardian, or custodian refuses to permit the minor to return home unless the minor is an immediate physical danger to the minor or others living in the home.

A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.

(1.5) A minor shall not be considered neglected for the sole reason that the minor's parent or other person responsible for the minor's welfare permits the minor to engage in independent activities unless the minor was permitted to engage in independent activities under circumstances presenting unreasonable risk of harm to the minor's mental or physical health, safety, or well-being. "Independent activities" includes, but is not limited to:

(a) traveling to and from school, including by walking, running, or bicycling;

(b) traveling to and from nearby commercial or recreational facilities;

(c) engaging in outdoor play;

(d) remaining in a vehicle unattended, except as otherwise provided by law;

(e) remaining at home or at a similarly appropriate location unattended; or

(f) engaging in a similar independent activity alone or with other children.

In determining whether an independent activity presented unreasonable risk of harm, the court shall consider:

(1) whether the activity is accepted as suitable for minors of the same age, maturity level, and developmental capacity as the involved minor;

(2) the factors listed in items (1) through (15) of paragraph (d) of subsection (1); and

(3) any other factor the court deems relevant.

(2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent:

(i) inflicts, causes to be inflicted, or allows to be inflicted upon such minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(ii) creates a substantial risk of physical injury to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function;

(iii) commits or allows to be committed any sex offense against such minor, as such sex offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012, or in the Wrongs to Children Act, and extending those definitions of sex offenses to include minors under 18 years of age;

(iv) commits or allows to be committed an act or acts of torture upon such minor;

(v) inflicts excessive corporal punishment;

(vi) commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, upon such minor; or

(vii) allows, encourages, or requires a minor to commit any act of prostitution, as defined in the Criminal Code of 1961 or the Criminal Code of 2012, and extending those definitions to include minors under 18 years of age; or .

(viii) allows, encourages, or requires a minor to engage in panhandling with a person 18 years of age or older. As used in this paragraph, "panhandling" has the meaning ascribed to the term in Section 1 of the Wrongs to Children Act.

A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.

(3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for the minor or the minor's parents, guardian, or custodian.

(4) The changes made by Public Act 101-79 apply to a case that is pending on or after July 12, 2019 (the effective date of Public Act 101-79).

(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23; 103-605, eff. 7-1-24.)

Section 10. The Wrongs to Children Act is amended by changing Sections 1 and 5 as follows:

(720 ILCS 150/1) (from Ch. 23, par. 2351)

Sec. 1. Prohibited activities involving children.

(a) It shall be unlawful for any person having the care, custody or control of any child under the age of fourteen years, to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out, or otherwise dispose of any such child to any person in or for the vocation or occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for, or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy (or at any respectable entertainment), or the teaching or learning the science or practice of music.

(b) A person 18 years of age or older who engages in panhandling with a person under 18 years of age shall be issued a citation by the peace officer who witnesses the violation. The officer's local law enforcement agency shall send a written or electronic notice to the Department of Children and Family Services that the person under 18 years of age is endangered by engaging in panhandling with a person 18 years years of age or older.

(c) In this Section:

"Citation" means any summons, ticket, or other official document issued by a peace officer for a the violation containing an order which requires the offender to respond to a court to answer the charge.

"Panhandling" means the selling of food products or other items; or begging for money or asking for monetary donations unless the child is representing a nonprofit organization.

(Source: Laws 1877, p. 90.)

(720 ILCS 150/5) (from Ch. 23, par. 2355)

Sec. 5. Any person convicted under the provisions of the preceding Sections sections, shall for the first offense be guilty of a Class A misdemeanor; and for a second or any subsequent offense shall be guilty of a Class 4 felony. Any person 18 years of age or older who engages in panhandling with a person under 18 years of age is guilty of a Class B misdemeanor.

(Source: P.A. 77-2346.)