Illinois General Assembly - Full Text of HB0151
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Full Text of HB0151  102nd General Assembly

HB0151 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0151

 

Introduced 1/22/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-3  from Ch. 37, par. 802-3
720 ILCS 5/12C-10  was 720 ILCS 5/12-21.5

    Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor under the age of 12 (rather than 14) years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Provides that neglect does not include permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including: (1) traveling to and from school, including by walking, running, or bicycling; (2) traveling to and from nearby commercial or recreational activities; (3) engaging in outdoor play; (4) remaining in a vehicle unattended, except as otherwise provided by law; (5) remaining at home unattended; or (6) engaging in a similar independent activity. Amends the Criminal Code of 2012. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 12 (rather than 13) without supervision by a responsible person over the age of 14 for a period of 24 hours or more.


LRB102 04213 RLC 14230 b

 

 

A BILL FOR

 

HB0151LRB102 04213 RLC 14230 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-3 as follows:
 
6    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
7    Sec. 2-3. Neglected or abused minor.
8    (1) Those who are neglected include:
9        (a) any minor under 18 years of age or a minor 18 years
10    of age or older for whom the court has made a finding of
11    probable cause to believe that the minor is abused,
12    neglected, or dependent under subsection (1) of Section
13    2-10 prior to the minor's 18th birthday who is not
14    receiving the proper or necessary support, education as
15    required by law, or medical or other remedial care
16    recognized under State law as necessary for a minor's
17    well-being, or other care necessary for his or her
18    well-being, including adequate food, clothing and shelter,
19    or who is abandoned by his or her parent or parents or
20    other person or persons responsible for the minor's
21    welfare, except that a minor shall not be considered
22    neglected for the sole reason that the minor's parent or
23    parents or other person or persons responsible for the

 

 

HB0151- 2 -LRB102 04213 RLC 14230 b

1    minor's welfare have left the minor in the care of an adult
2    relative for any period of time, who the parent or parents
3    or other person responsible for the minor's welfare know
4    is both a mentally capable adult relative and physically
5    capable adult relative, as defined by this Act; or
6        (b) any minor under 18 years of age or a minor 18 years
7    of age or older for whom the court has made a finding of
8    probable cause to believe that the minor is abused,
9    neglected, or dependent under subsection (1) of Section
10    2-10 prior to the minor's 18th birthday whose environment
11    is injurious to his or her welfare; or
12        (c) any newborn infant whose blood, urine, or meconium
13    contains any amount of a controlled substance as defined
14    in subsection (f) of Section 102 of the Illinois
15    Controlled Substances Act, as now or hereafter amended, or
16    a metabolite of a controlled substance, with the exception
17    of controlled substances or metabolites of such
18    substances, the presence of which in the newborn infant is
19    the result of medical treatment administered to the mother
20    or the newborn infant; or
21        (d) any minor under the age of 12 14 years whose parent
22    or other person responsible for the minor's welfare leaves
23    the minor without supervision for an unreasonable period
24    of time without regard for the mental or physical health,
25    safety, or welfare of that minor; or
26        (e) any minor who has been provided with interim

 

 

HB0151- 3 -LRB102 04213 RLC 14230 b

1    crisis intervention services under Section 3-5 of this Act
2    and whose parent, guardian, or custodian refuses to permit
3    the minor to return home unless the minor is an immediate
4    physical danger to himself, herself, or others living in
5    the home.
6    Whether the minor was left without regard for the mental
7or physical health, safety, or welfare of that minor or the
8period of time was unreasonable shall be determined by
9considering the following factors, including but not limited
10to:
11        (1) the age of the minor;
12        (2) the number of minors left at the location;
13        (3) special needs of the minor, including whether the
14    minor is a person with a physical or mental disability, or
15    otherwise in need of ongoing prescribed medical treatment
16    such as periodic doses of insulin or other medications;
17        (4) the duration of time in which the minor was left
18    without supervision;
19        (5) the condition and location of the place where the
20    minor was left without supervision;
21        (6) the time of day or night when the minor was left
22    without supervision;
23        (7) the weather conditions, including whether the
24    minor was left in a location with adequate protection from
25    the natural elements such as adequate heat or light;
26        (8) the location of the parent or guardian at the time

 

 

HB0151- 4 -LRB102 04213 RLC 14230 b

1    the minor was left without supervision, the physical
2    distance the minor was from the parent or guardian at the
3    time the minor was without supervision;
4        (9) whether the minor's movement was restricted, or
5    the minor was otherwise locked within a room or other
6    structure;
7        (10) whether the minor was given a phone number of a
8    person or location to call in the event of an emergency and
9    whether the minor was capable of making an emergency call;
10        (11) whether there was food and other provision left
11    for the minor;
12        (12) whether any of the conduct is attributable to
13    economic hardship or illness and the parent, guardian or
14    other person having physical custody or control of the
15    child made a good faith effort to provide for the health
16    and safety of the minor;
17        (13) the age and physical and mental capabilities of
18    the person or persons who provided supervision for the
19    minor;
20        (14) whether the minor was left under the supervision
21    of another person;
22        (15) any other factor that would endanger the health
23    and safety of that particular minor.
24    (1.5) Neglect does not include permitting a child, whose
25basic needs are met and who is of sufficient age and maturity
26to avoid harm or unreasonable risk of harm, to engage in

 

 

HB0151- 5 -LRB102 04213 RLC 14230 b

1independent activities, including:
2        (a) traveling to and from school, including by
3    walking, running, or bicycling;
4        (b) traveling to and from nearby commercial or
5    recreational activities;
6        (c) engaging in outdoor play;
7        (d) remaining in a vehicle unattended, except as
8    otherwise provided by law;
9        (e) remaining at home unattended; or
10        (f) engaging in a similar independent activity.
11    A minor shall not be considered neglected for the sole
12reason that the minor has been relinquished in accordance with
13the Abandoned Newborn Infant Protection Act.
14    (2) Those who are abused include any minor under 18 years
15of age or a minor 18 years of age or older for whom the court
16has made a finding of probable cause to believe that the minor
17is abused, neglected, or dependent under subsection (1) of
18Section 2-10 prior to the minor's 18th birthday whose parent
19or immediate family member, or any person responsible for the
20minor's welfare, or any person who is in the same family or
21household as the minor, or any individual residing in the same
22home as the minor, or a paramour of the minor's parent:
23        (i) inflicts, causes to be inflicted, or allows to be
24    inflicted upon such minor physical injury, by other than
25    accidental means, which causes death, disfigurement,
26    impairment of physical or emotional health, or loss or

 

 

HB0151- 6 -LRB102 04213 RLC 14230 b

1    impairment of any bodily function;
2        (ii) creates a substantial risk of physical injury to
3    such minor by other than accidental means which would be
4    likely to cause death, disfigurement, impairment of
5    emotional health, or loss or impairment of any bodily
6    function;
7        (iii) commits or allows to be committed any sex
8    offense against such minor, as such sex offenses are
9    defined in the Criminal Code of 1961 or the Criminal Code
10    of 2012, or in the Wrongs to Children Act, and extending
11    those definitions of sex offenses to include minors under
12    18 years of age;
13        (iv) commits or allows to be committed an act or acts
14    of torture upon such minor;
15        (v) inflicts excessive corporal punishment;
16        (vi) commits or allows to be committed the offense of
17    involuntary servitude, involuntary sexual servitude of a
18    minor, or trafficking in persons as defined in Section
19    10-9 of the Criminal Code of 1961 or the Criminal Code of
20    2012, upon such minor; or
21        (vii) allows, encourages or requires a minor to commit
22    any act of prostitution, as defined in the Criminal Code
23    of 1961 or the Criminal Code of 2012, and extending those
24    definitions to include minors under 18 years of age.
25    A minor shall not be considered abused for the sole reason
26that the minor has been relinquished in accordance with the

 

 

HB0151- 7 -LRB102 04213 RLC 14230 b

1Abandoned Newborn Infant Protection Act.
2    (3) This Section does not apply to a minor who would be
3included herein solely for the purpose of qualifying for
4financial assistance for himself, his parents, guardian or
5custodian.
6    (4) The changes made by this amendatory Act of the 101st
7General Assembly apply to a case that is pending on or after
8July 12, 2019 (the effective date of P.A. 101-79) this
9amendatory Act of the 101st General Assembly.
10(Source: P.A. 101-79, eff. 7-12-19.)
 
11    Section 10. The Criminal Code of 2012 is amended by
12changing Section 12C-10 as follows:
 
13    (720 ILCS 5/12C-10)   (was 720 ILCS 5/12-21.5)
14    Sec. 12C-10. Child abandonment.
15    (a) A person commits child abandonment when he or she, as a
16parent, guardian, or other person having physical custody or
17control of a child, without regard for the mental or physical
18health, safety, or welfare of that child, knowingly leaves
19that child who is under the age of 12 13 without supervision by
20a responsible person over the age of 14 for a period of 24
21hours or more. It is not a violation of this Section for a
22person to relinquish a child in accordance with the Abandoned
23Newborn Infant Protection Act.
24    (b) For the purposes of determining whether the child was

 

 

HB0151- 8 -LRB102 04213 RLC 14230 b

1left without regard for the mental or physical health, safety,
2or welfare of that child, the trier of fact shall consider the
3following factors:
4        (1) the age of the child;
5        (2) the number of children left at the location;
6        (3) special needs of the child, including whether the
7    child is a person with a physical or mental disability, or
8    otherwise in need of ongoing prescribed medical treatment
9    such as periodic doses of insulin or other medications;
10        (4) the duration of time in which the child was left
11    without supervision;
12        (5) the condition and location of the place where the
13    child was left without supervision;
14        (6) the time of day or night when the child was left
15    without supervision;
16        (7) the weather conditions, including whether the
17    child was left in a location with adequate protection from
18    the natural elements such as adequate heat or light;
19        (8) the location of the parent, guardian, or other
20    person having physical custody or control of the child at
21    the time the child was left without supervision, the
22    physical distance the child was from the parent, guardian,
23    or other person having physical custody or control of the
24    child at the time the child was without supervision;
25        (9) whether the child's movement was restricted, or
26    the child was otherwise locked within a room or other

 

 

HB0151- 9 -LRB102 04213 RLC 14230 b

1    structure;
2        (10) whether the child was given a phone number of a
3    person or location to call in the event of an emergency and
4    whether the child was capable of making an emergency call;
5        (11) whether there was food and other provision left
6    for the child;
7        (12) whether any of the conduct is attributable to
8    economic hardship or illness and the parent, guardian or
9    other person having physical custody or control of the
10    child made a good faith effort to provide for the health
11    and safety of the child;
12        (13) the age and physical and mental capabilities of
13    the person or persons who provided supervision for the
14    child;
15        (14) any other factor that would endanger the health
16    or safety of that particular child;
17        (15) whether the child was left under the supervision
18    of another person.
19    (c) Child abandonment is a Class 4 felony. A second or
20subsequent offense after a prior conviction is a Class 3
21felony. A parent, who is found to be in violation of this
22Section with respect to his or her child, may be sentenced to
23probation for this offense pursuant to Section 12C-15.
24(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)