Full Text of HB4874 99th General Assembly
HB4874ham001 99TH GENERAL ASSEMBLY | Rep. John D. Anthony Filed: 4/6/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4874
| 2 | | AMENDMENT NO. ______. Amend House Bill 4874 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 12C-5 and 12C-10 as follows:
| 6 | | (720 ILCS 5/12C-5)
(was 720 ILCS 5/12-21.6)
| 7 | | Sec. 12C-5. Endangering the life or health of a child.
| 8 | | (a) A person commits endangering the life or health of a | 9 | | child when he or she knowingly: (1) causes or permits the life | 10 | | or
health of a child under the age of 18 to be endangered; or | 11 | | (2) causes or permits a child to be placed in circumstances | 12 | | that endanger the child's life
or health. It is not a violation | 13 | | of this Section for a person to relinquish a child
in | 14 | | accordance with the Abandoned Newborn Infant Protection Act.
| 15 | | (b) A trier of fact may infer that a child 6 years of age or | 16 | | younger is unattended if that child is left in a motor
vehicle |
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| 1 | | for more than 10 minutes.
| 2 | | (c) "Unattended" means either: (i) not accompanied by a | 3 | | person 12 14 years
of age or older; or (ii) if accompanied by a | 4 | | person 12 14 years of age or older,
out of sight of that | 5 | | person.
| 6 | | (d) Sentence. A violation of this Section is a Class A | 7 | | misdemeanor. A second or
subsequent violation of this Section | 8 | | is a Class 3 felony. A violation of
this Section that is a | 9 | | proximate cause of the death of the child is a Class
3 felony | 10 | | for which a person, if sentenced to a term of imprisonment, | 11 | | shall
be sentenced to a term of not less than 2 years and not | 12 | | more than 10 years. A parent, who is found to be in violation | 13 | | of this Section with respect to his or her child, may be | 14 | | sentenced to probation for this offense pursuant to Section | 15 | | 12C-15.
| 16 | | (Source: P.A. 97-1109, eff. 1-1-13.)
| 17 | | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
| 18 | | Sec. 12C-10. Child abandonment.
| 19 | | (a) A person commits child abandonment when he or
she, as a | 20 | | parent, guardian, or other person having physical custody or | 21 | | control
of a child, without regard for the mental or physical | 22 | | health, safety, or
welfare of that child, knowingly leaves that | 23 | | child who is under the age of 11 13
without supervision by a | 24 | | responsible person over the age of 12 14 for a period of
24 | 25 | | hours or more. It is not a violation of this Section for a |
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| 1 | | person to relinquish a child in accordance with the
Abandoned | 2 | | Newborn Infant Protection Act.
| 3 | | (b) For the purposes of determining whether the child was | 4 | | left without
regard for the mental or physical health, safety, | 5 | | or welfare of that child, the
trier of fact shall consider the | 6 | | following 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 a person with a physical or mental disability, or | 11 | | otherwise in need of ongoing prescribed medical
treatment | 12 | | such as 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 | | (c) Child abandonment is a Class 4 felony. A second or | 23 | | subsequent offense
after a prior conviction is a Class 3 | 24 | | felony. A parent, who is found to be in violation of this | 25 | | Section with respect to his or her child, may be sentenced to | 26 | | probation for this offense pursuant to Section 12C-15.
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| 1 | | (Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)".
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