97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3800

 

Introduced 10/5/2011, by Rep. Jim Sacia - Chris Nybo - Dwight Kay - Kay Hatcher - David Reis, et al.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-21.5
720 ILCS 5/12-21.5-1 new

    Amends the Criminal Code of 1961. Provides that, in addition to other elements of the offense, a person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child under 13 years of age, willfully or by culpable negligence fails to make contact with or otherwise verify the whereabouts and safety of that child for a period of 24 hours and to immediately report the child as missing to a law enforcement agency after this 24-hour period expires without contact. Creates the offense of failure to report the death of a child. Provides that a person commits the offense when he or she, as a parent, guardian, or other person having physical custody or control of a child under 18 years of age reasonably believes that the child has died and fails within one hour of forming that reasonable belief, or as soon thereafter as reasonably practicable if compliance within one hour is impracticable, to: (1) notify a law enforcement agency of the child's apparent death and the location of the child; or (2) seek medical attention on the child's behalf. Provides that failure to report the death of a child is a Class 4 felony.


LRB097 12518 RLC 57002 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3800LRB097 12518 RLC 57002 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 1961 is amended by changing
5Section 12-21.5 and by adding Section 12-21.5-1 as follows:
 
6    (720 ILCS 5/12-21.5)
7    Sec. 12-21.5. Child Abandonment.
8    (a) A person commits the offense of child abandonment when
9he or she, as a parent, guardian, or other person having
10physical custody or control of a child, without regard for the
11mental or physical health, safety, or welfare of that child,
12knowingly leaves that child who is under the age of 13 without
13supervision by a responsible person over the age of 14 for a
14period of 24 hours or more, except that a person does not
15commit the offense of child abandonment when he or she
16relinquishes a child in accordance with the Abandoned Newborn
17Infant Protection Act.
18    (a-5) A person commits the offense of child abandonment
19when he or she, as a parent, guardian, or other person having
20physical custody or control of a child under 13 years of age,
21willfully or by culpable negligence fails to make contact with
22or otherwise verify the whereabouts and safety of that child
23for a period of 24 hours and to immediately report the child as

 

 

HB3800- 2 -LRB097 12518 RLC 57002 b

1missing to a law enforcement agency after this 24-hour period
2expires without contact.
3    (b) For the purposes of determining whether the child was
4left without regard for the mental or physical health, safety,
5or welfare of that child, the trier of fact shall consider the
6following factors:
7        (1) the age of the child;
8        (2) the number of children left at the location;
9        (3) special needs of the child, including whether the
10    child is physically or mentally handicapped, or otherwise
11    in need of ongoing prescribed medical treatment such as
12    periodic doses of insulin or other medications;
13        (4) the duration of time in which the child was left
14    without supervision;
15        (5) the condition and location of the place where the
16    child was left without supervision;
17        (6) the time of day or night when the child was left
18    without supervision;
19        (7) the weather conditions, including whether the
20    child was left in a location with adequate protection from
21    the natural elements such as adequate heat or light;
22        (8) the location of the parent, guardian, or other
23    person having physical custody or control of the child at
24    the time the child was left without supervision, the
25    physical distance the child was from the parent, guardian,
26    or other person having physical custody or control of the

 

 

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1    child at the time the child was without supervision;
2        (9) whether the child's movement was restricted, or the
3    child was otherwise locked within a room or other
4    structure;
5        (10) whether the child was given a phone number of a
6    person or location to call in the event of an emergency and
7    whether the child was capable of making an emergency call;
8        (11) whether there was food and other provision left
9    for the child;
10        (12) whether any of the conduct is attributable to
11    economic hardship or illness and the parent, guardian or
12    other person having physical custody or control of the
13    child made a good faith effort to provide for the health
14    and safety of the child;
15        (13) the age and physical and mental capabilities of
16    the person or persons who provided supervision for the
17    child;
18        (14) any other factor that would endanger the health or
19    safety of that particular child;
20        (15) whether the child was left under the supervision
21    of another person.
22    (d) Child abandonment is a Class 4 felony. A second or
23subsequent offense after a prior conviction is a Class 3
24felony.
25(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 

 

 

HB3800- 4 -LRB097 12518 RLC 57002 b

1    (720 ILCS 5/12-21.5-1 new)
2    Sec. 12-21.5-1. Failure to report the death of a child.
3    (a) A person commits the offense of failure to report the
4death of a child when he or she, as a parent, guardian, or
5other person having physical custody or control of a child
6under 18 years of age, reasonably believes that the child has
7died and fails within one hour of forming that reasonable
8belief, or as soon thereafter as reasonably practicable if
9compliance within one hour is impracticable, to:
10        (1) notify a law enforcement agency of the child's
11    apparent death and the location of the child; or
12        (2) seek medical attention on the child's behalf.
13    (b) Sentence. Failure to report the death of a child is a
14Class 4 felony.