Sen. Debbie DeFrancesco Halvorson
Filed: 2/24/2004
 
 

 




 

 		












09300SB3140sam001

LRB093 21207 RLC 48010 a






1

AMENDMENT TO SENATE BILL 3140 




2
    AMENDMENT NO. ______. Amend Senate Bill 3140 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Criminal Code of 1961 is amended  by 
5
changing Section 12-21.6 as follows:
 



6
    (720 ILCS 5/12-21.6)



7
    Sec. 12-21.6. Endangering the life or health of a child. 

8
    (a) It is unlawful for any person to willfully cause or 
9
permit the life or
health of a child under the age of 18 to be 
10
endangered or to willfully cause
or permit a child to be placed 
11
in circumstances that endanger the child's life
or health, 
12
except that it is not unlawful for a person to relinquish a 
13
child
in accordance with the Abandoned Newborn Infant 
14
Protection Act.

15
    (b) There is a rebuttable presumption that a person 
16
committed the offense
if he or she left a child 6 years of age 
17
or younger unattended in a motor
vehicle for more than 10 
18
minutes.

19
    (b-5) There is a rebuttable presumption that a person 
20
committed the offense if he or she permits a child of which 
21
that person is the parent or legal guardian, or a child that he 
22
or she is caring for with the permission of the parent or legal 
23
guardian of that child, to be present or remain at a location 
24
where any act takes place that is chargeable as a Class 2 
 


 






09300SB3140sam001
- 2 -
LRB093 21207 RLC 48010 a




1
felony or greater under the Illinois Controlled Substances Act 
2
or the Cannabis Control Act.

3
    (c) "Unattended" means either: (i) not accompanied by a 
4
person 14 years
of age or older; or (ii) if accompanied by a 
5
person 14 years of age or older,
out of sight of that person.

6
    (d) A violation of this Section is a Class A misdemeanor, 
7
except that a violation of this Section is a Class 4 felony if 
8
the conditions described in subsection (b-5) are present.  A 
9
second or
subsequent violation of this Section is a Class 3 
10
felony.  A violation of
this Section that is a proximate cause 
11
of the death of the child is a Class
3 felony for which a 
12
person, if sentenced to a term of imprisonment, shall
be 
13
sentenced to a term of not less than 2 years and not more than 
14
10 years.

15
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 
16
92-515, eff.
6-1-02; 92-651, eff. 7-11-02.)".