HB3800 97TH GENERAL ASSEMBLY

LRB097 12518 RLC 57002 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by changing Section 12-21.5 and by adding Section 12-21.5-1 as follows:

(720 ILCS 5/12-21.5)

Sec. 12-21.5. Child Abandonment.

(a) 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, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more, except that a person does not commit the offense of child abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act.

(a-5) 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.

(b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:

(1) the age of the child;

(2) the number of children left at the location;

(3) special needs of the child, including whether the child is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;

(4) the duration of time in which the child was left without supervision;

(5) the condition and location of the place where the child was left without supervision;

(6) the time of day or night when the child was left without supervision;

(7) the weather conditions, including whether the child was left in a location with adequate protection from the natural elements such as adequate heat or light;

(8) the location of the parent, guardian, or other person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;

(9) whether the child's movement was restricted, or the child was otherwise locked within a room or other structure;

(10) whether the child was given a phone number of a person or location to call in the event of an emergency and whether the child was capable of making an emergency call;

(11) whether there was food and other provision left for the child;

(12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;

(13) the age and physical and mental capabilities of the person or persons who provided supervision for the child;

(14) any other factor that would endanger the health or safety of that particular child;

(15) whether the child was left under the supervision of another person.

(d) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony.

(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)

(720 ILCS 5/12-21.5-1 new)

Sec. 12-21.5-1. Failure to report the death of a child.

(a) A person commits the offense of failure to report the death of a child 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.

(b) Sentence. Failure to report the death of a child is a Class 4 felony.