104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3448
 
Introduced 2/18/2025, by Rep. Maurice A. West, II
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12C-5  was 720 ILCS 5/12-21.6
    Amends the Criminal Code of 2012. In the provision concerning endangering the life or health of a child, provides that a trier of fact may infer that the life or health of a child under 18 years of age is endangered when a person owns a swimming pool and demonstrates neglect of the barrier surrounding the swimming pool in a manner in which a reasonable person could believe that a child under 18 years of age would be attracted to the swimming pool and could fall into the swimming pool and die or be injured as a result of the fall and a child under 18 years of age dies or is injured in the person's swimming pool. Defines "swimming pool".


LRB104 11316 RLC 21402 b

 
 
A BILL FOR
 
HB3448LRB104 11316 RLC 21402 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
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    (b) A trier of fact may infer that a child 6 years of age 
16or younger is unattended if that child is left in a motor 
17vehicle for more than 10 minutes.
18    (b-1) A trier of fact may infer that the life or health of 
19a child under 18 years of age is endangered when a person owns 
20a swimming pool and demonstrates neglect of the barrier 
21surrounding the swimming pool in a manner in which a 
22reasonable person could believe that a child under 18 years of 
23age would be attracted to the swimming pool and could fall into 
 
 
HB3448- 2 -LRB104 11316 RLC 21402 b

1the swimming pool and die or be injured as a result of the fall 
2and a child under 18 years of age dies or is injured in the 
3person's swimming pool. For the purposes of this subsection, 
4"swimming pool" means any artificial basin of water that is 
5modified, improved, constructed, or installed for the purpose 
6of swimming, wading, floating, or diving. 
7    (c) "Unattended" means either: (i) not accompanied by a 
8person 14 years of age or older; or (ii) if accompanied by a 
9person 14 years of age or older, out of sight of that person.
10    (d) Sentence. A violation of this Section is a Class A 
11misdemeanor. A second or subsequent violation of this Section 
12is a Class 3 felony. A violation of this Section that is a 
13proximate cause of the death of the child is a Class 3 felony 
14for which a person, if sentenced to a term of imprisonment, 
15shall be sentenced to a term of not less than 2 years and not 
16more than 10 years. A parent, who is found to be in violation 
17of this Section with respect to his or her child, may be 
18sentenced to probation for this offense pursuant to Section 
1912C-15. 
20(Source: P.A. 97-1109, eff. 1-1-13.)