HB3230 98TH GENERAL ASSEMBLY

LRB098 04448 RLC 34476 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3230

Introduced , by Rep. Keith Farnham

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12C-31 new

Amends the Criminal Code of 2012. Creates the offense of exposing a minor to a felonious act. Provides that a person of the age of 21 years and upwards commits the offense when he or she knowingly exposes a minor under 17 years of age in his or her care, custody, or control to a felonious act. Provides that a person convicted of exposing a minor to a felonious act is guilty of a felony that is one class higher than the felony to which the minor is exposed unless the felony to which the minor is exposed is first degree murder or a Class X felony. Provides that if the felony to which the minor is exposed is first degree murder or a Class X felony, then the penalty for exposing a minor to the felonious act is the penalty for first degree murder or a Class X felony, respectively.

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 2012 is amended by adding Section 12C-31 as follows:

(720 ILCS 5/12C-31 new)

Sec. 12C-31. Exposing a minor to a felonious act.

(a) For the purposes of this Section:

"Felonious act" means a felony as defined in Section 2-7 of this Code.

"Exposes a minor" means the felonious act is committed by another person in the presence of the minor and the minor is not knowingly engaged in the commission of the act or knowingly assisting in the commission of the act.

(b) A person of the age of 21 years and upwards commits exposing a minor to a felonious act when he or she knowingly exposes a minor under 17 years of age in his or her care, custody, or control to a felonious act.

(c) Sentence. A person convicted of exposing a minor to a felonious act is guilty of a felony that is one class higher than the felony to which the minor is exposed unless the felony to which the minor is exposed is first degree murder or a Class X felony. If the felony to which the minor is exposed is first degree murder or a Class X felony, then the penalty for exposing a minor to the felonious act is the penalty for first degree murder or a Class X felony, respectively.