SB3140 Engrossed

LRB093 21207 RLC 47304 b






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    AN ACT in relation to criminal law. 

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 12-21.6 as follows:
 



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    (720 ILCS 5/12-21.6)



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    Sec. 12-21.6. Endangering the life or health of a child. 

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    (a) It is unlawful for any person to willfully cause or 
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permit the life or
health of a child under the age of 18 to be 
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endangered or to willfully cause
or permit a child to be placed 
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in circumstances that endanger the child's life
or health, 
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except that it is not unlawful for a person to relinquish a 
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child
in accordance with the Abandoned Newborn Infant 
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Protection Act.

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    (b) There is a rebuttable presumption that a person 
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committed the offense
if he or she left a child 6 years of age 
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or younger unattended in a motor
vehicle for more than 10 
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minutes.

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    (b-5) There is a rebuttable presumption that a person 
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committed the offense if he or she permits a child of which 
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that person is the parent or legal guardian, or a child that he 
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or she is caring for with the permission of the parent or legal 
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guardian of that child, to be present or remain at a location 
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where any act takes place that is chargeable as a Class 2 
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felony or greater under the Illinois Controlled Substances Act 
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or the Cannabis Control Act.

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

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    (d) A violation of this Section is a Class A misdemeanor, 
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except that a violation of this Section is a Class 4 felony if 
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the conditions described in subsection (b-5) are present.  A 
 


 






SB3140 Engrossed
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LRB093 21207 RLC 47304 b




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second or
subsequent violation of this Section is a Class 3 
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felony.  A violation of
this Section that is a proximate cause 
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of the death of the child is a Class
3 felony for which a 
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person, if sentenced to a term of imprisonment, shall
be 
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sentenced to a term of not less than 2 years and not more than 
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10 years.

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(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 
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92-515, eff.
6-1-02; 92-651, eff. 7-11-02.)