|
Rep. Michelle Mussman
Filed: 3/16/2026
| | 10400HB5562ham001 | | LRB104 20184 RLC 35552 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 5562
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 5562 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Criminal Code of 2012 is amended by adding |
| 5 | | Section 12-2.7 as follows:
|
| 6 | | (720 ILCS 5/12-2.7 new) |
| 7 | | Sec. 12-2.7. Child torture. |
| 8 | | (a) A person commits child torture when that person |
| 9 | | knowingly and cruelly engages in a course of conduct that |
| 10 | | torments a child under the age of 18 years. |
| 11 | | (b) As used in this Section: |
| 12 | | "Cruelly" means inhumane or sadistic infliction of, or |
| 13 | | subjection to, extreme physical, mental, or emotional pain |
| 14 | | likely to create, increase, or prolong the pain, suffering, or |
| 15 | | agony of a child. |
| 16 | | "Course of conduct" means at least 2 acts, other than by |
|
| | 10400HB5562ham001 | - 2 - | LRB104 20184 RLC 35552 a |
|
|
| 1 | | accidental means, directly, indirectly, or through third |
| 2 | | parties, which include, but are not limited to: |
| 3 | | (1) physical abuse or confinement or sexual, mental, |
| 4 | | or emotional abuse; or |
| 5 | | (2) withholding of necessary nutrition, nourishment, |
| 6 | | shelter, or medical care; or |
| 7 | | (3) the administration or application, or threatened |
| 8 | | administration or application, of mind-altering |
| 9 | | substances; or |
| 10 | | (4) any other act likely to create, increase, or |
| 11 | | prolong the pain, suffering, or agony of a child. |
| 12 | | (c) Proof that a child suffered physical, mental, or |
| 13 | | emotional impairment is not an element of the offense. |
| 14 | | (d)(1) Defenses. Child torture does not include: |
| 15 | | (A) reasonable parental discipline; or |
| 16 | | (B) any medical examination or procedure that is |
| 17 | | conducted by a physician, nurse, medical or hospital |
| 18 | | personnel, parent, or caretaker for purposes and in a |
| 19 | | manner consistent with reasonable medical standards and |
| 20 | | care. |
| 21 | | (2) A child under the age of 18 years cannot consent to |
| 22 | | child torture as defined in this Section. |
| 23 | | (e)(1) Sentence. Child torture is a Class X felony. |
| 24 | | (2) An offender under the age of 18 years at the time of |
| 25 | | the commission of the offense shall be sentenced under Section |
| 26 | | 5-4.5-105 of the Unified Code of Corrections.". |