State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

90_HB1254sam002

                                           LRB9004290RCksam04
 1                    AMENDMENT TO HOUSE BILL 1254
 2        AMENDMENT NO.     .  Amend House Bill 1254  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend the Criminal Code of 1961 by changing
 5    Section 12-21.6."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.   The  Criminal  Code  of 1961 is amended by
 9    changing Section 12-21.6 as follows:
10        (720 ILCS 5/12-21.6)
11        Sec. 12-21.6.  Endangering the life or health of a child.
12        (a)  It is unlawful for any person to willfully cause  or
13    permit  the life or health of the a child under the age of 18
14    to be endangered or to willfully cause or permit the child to
15    be placed in circumstances that endanger the child's life  or
16    health.
17        (b)  It is unlawful for any person  to willfully cause or
18    permit  the  health  of  the  child under the age of 18 to be
19    endangered or to willfully cause or permit  the  child  under
20    the age of 18 to be placed in circumstances that endanger the
21    child's health.
                            -2-            LRB9004290RCksam04
 1        (c)  A  violation  of subsection (a) of this Section is a
 2    Class A misdemeanor.  A second  or  subsequent  violation  of
 3    this  Section  is  a  Class  3 felony. A second or subsequent
 4    violation of subsection (a) of this  Section  is  a  Class  2
 5    felony.   A  violation of subsection (a) of this Section that
 6    results in the death of the child is a  Class  X  felony.   A
 7    violation  of  subsection  (b)  of  this Section is a Class A
 8    misdemeanor.  A second or subsequent violation of  subsection
 9    (b) of this Section is a Class 3 felony.
10        (d)  Providing a child under the age of 18 with treatment
11    by  spiritual  means  through prayer alone in lieu of medical
12    treatment shall not be construed as endangering the  life  or
13    the  health  of the child.  The provisions of this subsection
14    (d) shall be an affirmative defense to  a  prosecution  under
15    this Section.
16    (Source: P.A. 88-479.)".

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